[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 1547 Placed on Calendar Senate (PCS)]
Calendar No. 185
110th CONGRESS
1st Session
S. 1547
[Report No. 110-77]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 5, 2007
Mr. Levin, from the Committee on Armed Services, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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. Rapid Acquisition Fund.
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. Stryker Mobile Gun System.
Sec. 114. Consolidation of Joint Network Node program and Warfighter
Information Network-Tactical program into
single Army tactical network program.
Subtitle C--Navy Programs
Sec. 131. Multiyear procurement authority for Virginia class submarine
program.
Subtitle D--Air Force Programs
Sec. 141. Limitation on retirement of C-130E/H tactical airlift
aircraft.
Sec. 142. Limitation on retirement of KC-135E aerial refueling
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. Advanced Sensor Applications Program.
Sec. 212. Active protection systems.
Sec. 213. Obligation and expenditure of funds for competitive
procurement of propulsion system for the
Joint Strike Fighter.
Subtitle C--Missile Defense Programs
Sec. 231. Limitation on availability of funds for procurement,
construction, and deployment of missile
defenses in Europe.
Sec. 232. Limitation on availability of funds for deployment of missile
defense interceptors in Alaska.
Sec. 233. Budget and acquisition requirements for Missile Defense
Agency activities.
Sec. 234. Participation of Director, Operational Test and Evaluation,
in missile defense test and evaluation
activities.
Sec. 235. Extension of Comptroller General assessments of ballistic
missile defense programs.
Subtitle D--Other Matters
Sec. 251. Modification of notice and wait requirement for obligation of
funds for foreign comparative test program.
Sec. 252. Modification of cost sharing requirement for Technology
Transition Initiative.
Sec. 253. Strategic plan for the Manufacturing Technology Program.
Sec. 254. Modification of authorities on coordination of Defense
Experimental Program to Stimulate
Competitive Research with similar Federal
programs.
Sec. 255. Enhancement of defense nanotechnology research and
development program.
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.
Subtitle C--Program Requirements, Restrictions, and Limitations
Sec. 321. Availability of funds in Defense Information Systems Agency
Working Capital Fund for technology
upgrades to Defense Information Systems
Network.
Sec. 322. Extension of temporary authority for contract performance of
security guard functions.
Sec. 323. Report on incremental cost of early 2007 enhanced deployment.
Sec. 324. Individual body armor.
Subtitle D--Workplace and Depot Issues
Sec. 341. Extension of authority for Army industrial facilities to
engage in cooperative activities with non-
Army entities.
Sec. 342. Two-year extension of Arsenal Support Demonstration Program.
Subtitle E--Other Matters
Sec. 351. Enhancement of corrosion control and prevention functions
within Department of Defense.
Sec. 352. Reimbursement for National Guard support provided to Federal
agencies.
Sec. 353. Reauthorization of Aviation Insurance Program.
Sec. 354. Property accountability and disposition of unlawfully
obtained property of the Armed Forces.
Sec. 355. Authority to impose reasonable conditions on the payment of
full replacement value for claims related
to personal property transported at
Government expense.
Sec. 356. Authority for individuals to retain combat uniforms issued in
connection with contingency operations.
Sec. 357. Modification of requirements on Comptroller General report on
the readiness of Army and Marine Corps
ground forces.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
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.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Increase in authorized strengths for Army officers on active
duty in the grade of major to meet force
structure requirements.
Sec. 502. Increase in authorized strengths for Navy officers on active
duty in grades of lieutenant commander,
commander, and captain to meet force
structure requirements.
Sec. 503. Expansion of exclusion of military permanent professors from
strength limitations for officers below
general and flag grades.
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. Increase in authorized number of permanent professors at the
United States Military Academy.
Sec. 507. Expansion of authority for reenlistment of officers in their
former enlisted grade.
Sec. 508. Enhanced authority for reserve general and flag officers to
serve on active duty.
Sec. 509. Promotion of career military professors of the Navy.
Subtitle B--Enlisted Personnel Policy
Sec. 521. Increase in authorized daily average of number of members in
pay grade E-9.
Subtitle C--Reserve Component Management
Sec. 531. Revised designation, structure, and functions of the Reserve
Forces Policy Board.
Sec. 532. Charter for the National Guard Bureau.
Sec. 533. Appointment, grade, duties, and retirement of the Chief of
the National Guard Bureau.
Sec. 534. Mandatory separation for years of service of Reserve officers
in the grade of lieutenant general or vice
admiral.
Sec. 535. Increase in period of temporary Federal recognition as
officers of the National Guard from six to
twelve months.
Subtitle D--Education and Training
Sec. 551. Grade and service credit of commissioned officers in
uniformed medical accession programs.
Sec. 552. Expansion of number of academies supportable in any State
under STARBASE program.
Sec. 553. Repeal of post-2007-2008 academic year prohibition on phased
increase in cadet strength limit at the
United States Military Academy.
Sec. 554. Treatment of Southold, Mattituck, and Greenport High Schools,
Southold, New York, as single institution
for purposes of maintaining a Junior
Reserve Officers' Training Corps unit.
Subtitle E--Defense Dependents' Education Matters
Sec. 561. Continuation of authority to assist local educational
agencies that benefit dependents of members
of the Armed Forces and Department of
Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Inclusion of dependents of non-Department of Defense
employees employed on Federal property in
plan relating to force structure changes,
relocation of military units, or base
closures and realignments.
Sec. 564. Authority for payment of private boarding school tuition for
military dependents in overseas areas not
served by Department of Defense dependents'
schools.
Subtitle F--Military Justice and Legal Assistance Matters
Sec. 571. Authority of judges of the United States Court of Appeals for
the Armed Forces to administer oaths.
Sec. 572. Military legal assistance for Department of Defense civilian
employees in areas without access to non-
military legal assistance.
Sec. 573. Modification of authorities on senior members of the Judge
Advocate Generals' corps.
Subtitle G--Military Family Readiness
Sec. 581. Department of Defense Military Family Readiness Council.
Sec. 582. Department of Defense policy and plans for military family
readiness.
Subtitle H--Other Matters
Sec. 591. Enhancement of carryover of accumulated leave for members of
the Armed Forces.
Sec. 592. Uniform policy on performances by military bands.
Sec. 593. Waiver of time limitations on award of Medals of Honor to
certain members of the Army.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Allowance for participation of Reserves in electronic
screening.
Sec. 603. Midmonth payment of basic pay for contributions of members
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 of the Armed
Forces.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Enhancement of hardship duty pay.
Sec. 618. Inclusion of service as off-cycle crewmember of multi-crewed
ship in sea duty for career sea pay.
Sec. 619. Modification of reenlistment bonus for members of the
Selected Reserve.
Sec. 620. Increase in years of commissioned service covered by
agreements for nuclear-qualified officers
extending periods of active duty.
Sec. 621. Authority to waive 25-year active duty limit for retention
bonus for critical military skills with
respect to certain members.
Sec. 622. Codification and improvement of authority to pay bonus to
encourage members of the Army to refer
other persons for enlistment in the Army.
Sec. 623. Authority to pay bonus to encourage Department of Defense
personnel to refer other persons for
appointment as officers to serve in health
professions.
Sec. 624. Accession bonus for participants in Armed Forces Health
Professions Scholarship and Financial
Assistance program.
Subtitle C--Travel and Transportation Allowances
Sec. 641. Payment of expenses of travel to the United States for
obstetrical purposes of dependents located
in very remote locations outside the United
States.
Sec. 642. Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill
positions.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 651. Modification of scheme for payment of death gratuity payable
with respect to members of the Armed
Forces.
Sec. 652. Annuities for guardians or caretakers of dependent children
under Survivor Benefit Plan.
Sec. 653. Expansion of combat-related special compensation eligibility
for chapter 61 military retirees.
Sec. 654. Clarification of application of retired pay multiplier
percentage to members of the uniformed
services with over 30 years of service.
Sec. 655. Commencement of receipt of non-regular service retired pay by
members of the Ready Reserve on active
Federal status or active duty for
significant periods.
Subtitle E--Education Benefits
Sec. 671. Tuition assistance for off-duty training or education.
Sec. 672. Expansion of Selected Reserve education loan repayment
program.
Subtitle F--Other Matters
Sec. 681. Enhancement of authorities on income replacement payments for
Reserves experiencing extended and frequent
mobilization for active-duty service.
Sec. 682. Overseas naturalization of military family members.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Inclusion of TRICARE retail pharmacy program in Federal
procurement of pharmaceuticals.
Sec. 702. Surveys on continued viability of TRICARE Standard and
TRICARE Extra.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Substantial savings under multiyear contracts.
Sec. 802. Changes to Milestone B certifications.
Sec. 803. Comptroller General report on Department of Defense
organization and structure for major
defense acquisition programs.
Sec. 804. Investment strategy for major defense acquisition programs.
Sec. 805. Report on implementation of recommendations on total
ownership cost for major weapon systems.
Subtitle B--Amendments Relating to General Contracting Authorities,
Procedures, and Limitations
Sec. 821. Enhanced competition requirements for task and delivery order
contracts.
Sec. 822. Clarification of rules regarding the procurement of
commercial items.
Sec. 823. Clarification of rules regarding the procurement of
commercial services.
Sec. 824. Modification of competition requirements for purchases from
Federal Prison Industries.
Sec. 825. Five-year extension of authority to carry out certain
prototype projects.
Sec. 826. Multiyear procurement authority for electricity from
renewable energy sources.
Subtitle C--Acquisition Policy and Management
Sec. 841. Joint Requirements Oversight Council.
Sec. 842. Management structure for the procurement of contract
services.
Sec. 843. Specification of amounts requested for procurement of
contract services.
Sec. 844. Department of Defense Acquisition Workforce Development Fund.
Sec. 845. Inventories and reviews of contracts for services based on
cost or time of performance.
Sec. 846. Internal controls for procurements on behalf of the
Department of Defense by certain non-
defense agencies.
Subtitle D--Department of Defense Contractor Matters
Sec. 861. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 862. Requirements for defense contractors relating to certain
former Department of Defense officials.
Sec. 863. Report on contractor ethics programs of major defense
contractors.
Sec. 864. Report on Department of Defense contracting with contractors
or subcontractors employing members of the
Selected Reserve.
Subtitle E--Other Matters
Sec. 871. Contractors performing private security functions in areas of
combat operations.
Sec. 872. Enhanced authority to acquire products and services produced
in Iraq and Afghanistan.
Sec. 873. Defense Science Board review of Department of Defense
policies and procedures for the acquisition
of information technology.
Sec. 874. Enhancement and extension of acquisition authority for the
unified combatant command for joint
warfighting experimentation.
Sec. 875. Repeal of requirement for identification of essential
military items and military system
essential item breakout list.
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.
Sec. 902. Chief management officers of the Department of Defense.
Sec. 903. Modification of background requirement of individuals
appointed as Under Secretary of Defense for
Acquisition, Technology, and Logistics.
Sec. 904. Department of Defense Board of Actuaries.
Sec. 905. Assistant Secretaries of the military departments for
acquisition matters; principal military
deputies.
Sec. 906. Flexible authority for number of Army Deputy Chiefs of Staff
and Assistant Chiefs of Staff.
Sec. 907. Sense of Congress on term of office of the Director of
Operational Test and Evaluation.
Subtitle B--Space Matters
Sec. 921. Space posture review.
Sec. 922. Additional report on oversight of acquisition for defense
space programs.
Subtitle C--Other Matters
Sec. 931. Department of Defense consideration of effect of climate
change on Department facilities,
capabilities, and missions.
Sec. 932. Board of Regents for the Uniformed Services University of the
Health Sciences.
Sec. 933. United States Military Cancer Institute.
Sec. 934. Western Hemisphere Center for Excellence in Human Rights.
Sec. 935. Inclusion of commanders of Western Hemisphere combatant
commands in Board of Visitors of Western
Hemisphere Institute for Security
Cooperation.
Sec. 936. Comptroller General assessment of proposed reorganization of
the office of the Under Secretary of
Defense for Policy.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional emergency supplemental
appropriations for fiscal year 2007.
Sec. 1003. Modification of fiscal year 2007 general transfer authority.
Sec. 1004. United States contribution to NATO common-funded budgets in
fiscal year 2008.
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.
Sec. 1007. Extension of period for transfer of funds to Foreign
Currency Fluctuations, Defense account.
Subtitle B--Counter-Drug Activities
Sec. 1011. Expansion of Department of Defense authority to provide
support for counter-drug activities to
certain additional foreign governments.
Subtitle C--Miscellaneous Authorities and Limitations
Sec. 1021. Enhancement of authority to pay rewards for assistance in
combating terrorism.
Sec. 1022. Repeal of modification of authorities relating to the use of
the Armed Forces in major public
emergencies.
Sec. 1023. Procedures for Combatant Status Review Tribunals;
modification of military commission
authorities.
Sec. 1024. Gift acceptance authority.
Sec. 1025. Expansion of cooperative agreement authority for management
of cultural resources.
Sec. 1026. Minimum annual purchase amounts for airlift from carriers
participating in the Civil Reserve Air
Fleet.
Sec. 1027. Provision of Air Force support and services to foreign
military and state aircraft.
Sec. 1028. Participation in Strategic Airlift Capability Partnership.
Sec. 1029. Responsibility of the Air Force for fixed-wing support of
Army intra-theater logistics.
Sec. 1030. Prohibition on sale of parts for F-14 fighter aircraft.
Subtitle D--Reports
Sec. 1041. Renewal of submittal of plans for prompt global strike
capability.
Sec. 1042. Report on threats to the United States from ungoverned
areas.
Sec. 1043. Study on national security interagency system.
Subtitle E--Other Matters
Sec. 1061. Revised nuclear posture review.
Sec. 1062. Termination of Commission on the Implementation of the New
Strategic Posture of the United States.
Sec. 1063. Communications with the Committees on Armed Services of the
Senate and the House of Representatives.
Sec. 1064. Repeal of standards for disqualification from issuance of
security clearances by the Department of
Defense.
Sec. 1065. Advisory panel on Department of Defense capabilities for
support of civil authorities after certain
incidents.
Sec. 1066. Sense of Congress on the Western Hemisphere Institute for
Security Cooperation.
Sec. 1067. Technical amendments to title 10, United States Code,
arising from enactment of the Intelligence
Reform and Terrorism Prevention Act of
2004.
Sec. 1068. Establishment of National Foreign Language Coordination
Council.
Sec. 1069. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Compensation of Federal wage system employees for certain
travel hours.
Sec. 1102. Retirement service credit for service as cadet or midshipman
at a military service academy.
Sec. 1103. Continuation of life insurance coverage for Federal
employees called to active duty.
Sec. 1104. Department of Defense National Security Personnel System.
Sec. 1105. Authority to waive limitation on premium pay for Federal
civilian employees working overseas under
areas of United States Central Command.
Sec. 1106. Authority for inclusion of certain Office of Defense
Research and Engineering positions in
experimental personnel program for
scientific and technical personnel.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to equip and train foreign personnel to assist in
accounting for missing United States
personnel.
Sec. 1202. Extension and enhancement of authority for security and
stabilization assistance.
Sec. 1203. Commanders' Emergency Response Program.
Sec. 1204. Government Accountability Office report on Global Peace
Operations Initiative.
Subtitle B--Other Authorities and Limitations
Sec. 1211. Cooperative opportunities documents under cooperative
research and development agreements with
NATO organizations and other allied and
friendly foreign countries.
Sec. 1212. Extension and expansion of temporary authority to use
acquisition and cross-servicing agreements
to lend military equipment for personnel
protection and survivability.
Sec. 1213. Acceptance of funds from the Government of Palau for costs
of military Civic Action Teams.
Sec. 1214. Extension of participation of the Department of Defense in
multinational military centers of
excellence.
Sec. 1215. Limitation on assistance to the Government of Thailand.
Sec. 1216. Presidential report on policy objectives and United States
strategy regarding Iran.
Sec. 1217. Limitation on availability of certain funds pending
implementation of requirements regarding
North Korea.
Subtitle C--Reports
Sec. 1231. Reports on United States policy and military operations in
Afghanistan.
Sec. 1232. Strategy for enhancing security in Afghanistan by
eliminating safe havens for violent
extremists in Pakistan.
Sec. 1233. One-year extension of update on report on claims relating to
the bombing of the Labelle Discotheque.
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. Modification of authority to use Cooperative Threat
Reduction funds outside the former Soviet
Union.
Sec. 1305. Repeal of restrictions on assistance to states of the former
Soviet Union for cooperative threat
reduction.
Sec. 1306. 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.
Sec. 1407. Reduction in certain authorizations due to savings from
lower inflation.
Subtitle B--National Defense Stockpile
Sec. 1411. Disposal of ferromanganese.
Sec. 1412. Disposal of chrome metal.
Sec. 1413. Modification of receipt objectives for previously authorized
disposals from the national defense
stockpile.
Subtitle C--Civil Programs
Sec. 1421. Armed Forces Retirement Home.
Subtitle D--Chemical Demilitarization Matters
Sec. 1431. Modification of termination requirement for Chemical
Demilitarization Citizens' Advisory
Commissions.
Sec. 1432. Repeal of certain qualifications requirement for director of
chemical demilitarization management
organization.
Sec. 1433. Sense of Congress on completion of destruction of United
States chemical weapons stockpile.
TITLE XV--OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Subtitle A--Authorization of Additional War-Related Appropriations
Sec. 1501. Army procurement.
Sec. 1502. Navy and Marine Corps procurement.
Sec. 1503. Air Force procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Research, development, test, and evaluation.
Sec. 1506. Operation and maintenance.
Sec. 1507. Military personnel.
Sec. 1508. Defense Health Program.
Sec. 1509. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1510. Joint Improvised Explosive Device Defeat Fund.
Sec. 1511. Iraq Security Forces Fund.
Sec. 1512. Afghanistan Security Forces Fund.
Sec. 1513. Iraq Freedom Fund.
Sec. 1514. Defense Working Capital Funds.
Sec. 1515. National Defense Sealift Fund.
Sec. 1516. Defense Inspector General.
Subtitle B--General Provisions Relating to Authorizations
Sec. 1521. Purpose.
Sec. 1522. Treatment as additional authorizations.
Sec. 1523. Special transfer authority.
Subtitle C--Other Matters
Sec. 1531. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1532. Reimbursement of certain coalition nations for support
provided to United States military
operations.
Sec. 1533. Logistical support for coalition forces supporting
operations in Iraq and Afghanistan.
Sec. 1534. Competition for procurement of small arms supplied to Iraq
and Afghanistan.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
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. Modification of authority to carry out certain fiscal year
2006 project.
Sec. 2107. Extension of authorizations of certain fiscal year 2005
project.
Sec. 2108. Technical amendments to the Military Construction
Authorization Act for 2007.
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.
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 project.
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. 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, 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.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Effective Date and Expiration of Authorizations
Sec. 2801. Effective Date.
Sec. 2802. Expiration of authorizations and amounts required to be
specified by law.
Subtitle B--Military Construction Program and Military Family Housing
Changes
Sec. 2811. General military construction transfer authority.
Sec. 2812. Modifications of authority to lease military family housing.
Sec. 2813. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2814. Modification and extension of temporary, limited authority
to use operation and maintenance funds for
construction projects outside the United
States.
Sec. 2815. Temporary authority to support revitalization of Department
of Defense laboratories through unspecified
minor military construction projects.
Sec. 2816. Two-year extension of temporary program to use minor
military construction authority for
construction of child development centers.
Sec. 2817. Extension of authority to accept equalization payments for
facility exchanges.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Requirement to report transactions resulting in annual costs
of more than $750,000.
Sec. 2832. Modification of authority to lease non-excess property.
Sec. 2833. Enhanced flexibility to create or expand buffer zones.
Sec. 2834. Reports on Army and Marine Corps operational ranges.
Sec. 2835. Consolidation of real property provisions without
substantive change.
Subtitle D--Base Closure and Realignment
Sec. 2841. Niagara Air Reserve Base, New York, basing report.
Subtitle E--Land Conveyances
Sec. 2851. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2852. Modification to land conveyance authority, Fort Bragg, North
Carolina.
Sec. 2853. Transfer of administrative jurisdiction, GSA property,
Springfield, Virginia.
Subtitle F--Other Matters
Sec. 2861. Report on condition of schools under jurisdiction of
Department of Defense Education Activity.
Sec. 2862. Repeal of requirement for study and report on impact to
military readiness of proposed land
management changes on public lands in Utah.
Sec. 2863. Additional project in Rhode Island.
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2901. Authorized war-related Army construction and land
acquisition projects.
Sec. 2902. Authorization of war-related military construction
appropriations, Army.
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.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Limitation on availability of funds for Fissile Materials
Disposition program.
Sec. 3113. Modification of limitations on availability of funds for
Waste Treatment and Immobilization Plant.
Subtitle C--Other Matters
Sec. 3121. Nuclear test readiness.
Sec. 3122. Sense of Congress on the nuclear nonproliferation policy of
the United States and the Reliable
Replacement Warhead program.
Sec. 3123. Report on status of environmental management initiatives to
accelerate the reduction of environmental
risks and challenges posed by the legacy of
the Cold War.
Sec. 3124. Comptroller General report on Department of Energy
protective force management.
Sec. 3125. Technical amendments.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
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.
Funds are hereby authorized to be appropriated for fiscal year 2008
for procurement for the Army as follows:
(1) For aircraft, $5,229,175,000.
(2) For missiles, $2,178,102,000.
(3) For weapons and tracked combat vehicles,
$7,546,684,000.
(4) For ammunition, $2,228,976,000.
(5) For other procurement, $15,013,155,000.
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, $13,475,107,000.
(2) For weapons, including missiles and torpedoes,
$3,078,387,000.
(3) For shipbuilding and conversion, $13,605,638,000.
(4) For other procurement, $5,432,412,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2008 for procurement for the Marine Corps in the amount
of $2,699,057,000.
(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 $926,597,000.
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, $12,593,813,000.
(2) For ammunition, $868,917,000.
(3) For missiles, $5,166,002,000.
(4) For other procurement, $16,312,962,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2008
for Defense-wide procurement in the amount of $3,385,970,000.
SEC. 105. RAPID ACQUISITION FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the Rapid Acquisition Fund in the amount of $100,000,000.
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. 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).
SEC. 114. CONSOLIDATION OF JOINT NETWORK NODE PROGRAM AND WARFIGHTER
INFORMATION NETWORK-TACTICAL PROGRAM INTO SINGLE ARMY
TACTICAL NETWORK PROGRAM.
(a) Consolidation Required.--The Secretary of the Army shall
consolidate the Joint Network Node program and the Warfighter
Information Network-Tactical program into a single Army tactical
network program.
(b) Report on Consolidation.--
(1) Report required.--Not later than December 31, 2007, the
Secretary shall, with the concurrence of the Under Secretary of
Defense for Acquisition, Technology, and Logistics and the
Assistant Secretary of Defense for Networks and Information
Integration, submit to the congressional defense committees a
report setting forth a plan to consolidate the Joint Network
Node program and the Warfighter Information Network-Tactical
program into a single Army tactical network program as required
by subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include with respect to the acquisition of the single Army
tactical network required by subsection (a) the following:
(A) An analysis of how the systems specified in
paragraph (1) will be integrated, including--
(i) an analysis of whether there are
opportunities to leverage technologies and
equipment from the Warfighter Information
Network-Tactical program as part of the
continuing development and fielding of the
Joint Network Node; and
(ii) an analysis of major technical
challenges of integrating the two programs.
(B) A description of the extent to which components
of the systems could be used together as elements of a
single Army tactical network.
(C) A description of the strategy of the Army for
completing the systems engineering necessary to ensure
the end-to-end interoperability of a single Army
tactical network as described in subsection (a).
(D) An assessment of the costs of acquiring the
systems.
(E) An assessment of the technical compatibility of
the systems.
(F) A description and assessment of the plans of
the Army relating to ownership of the technical data
packages for the systems, and an assessment of the
capacity of the industrial base to support Army needs.
(G) A description of the plans and schedule of the
Army for fielding the systems, and a description of the
associated training schedule.
(H) A description of the plans of the Army for
sustaining the single Army tactical network.
(I) A description of the plans of the Army for the
insertion of new technology into the Joint Network
Node.
(J) A description of the major technical challenges
of integrating the two programs.
(K) An assessment as to whether other programs
should be inserted into the single Army tactical
network as required by subsection (a).
(L) An analysis of the interoperability
requirements between the Army tactical network and the
Joint Network Node, an assessment of the technological
barriers to achievement of such interoperability
requirements, and a description of formal mechanisms of
coordination between the Army tactical network and the
Joint Network Node program.
Subtitle C--Navy Programs
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE
PROGRAM.
(a) Authority.--The Secretary of the Navy may, in accordance with
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.
(b) Limitation.--The Secretary of the Navy may not enter into a
contract authorized by subsection (a) until 30 days after the date on
which the Secretary submits to the congressional defense committees a
certification that the Secretary has made each of the findings with
respect to such contract specified in subsection (a) of section 2306b
of title 10, United States Code.
Subtitle D--Air Force Programs
SEC. 141. LIMITATION ON RETIREMENT OF C-130E/H TACTICAL AIRLIFT
AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may not retire C-
130E/H tactical airlift aircraft during fiscal year 2008.
(b) Maintenance of Certain Retired Aircraft.--The Secretary of the
Air Force shall maintain each C-130E/H tactical airlift aircraft
retired during fiscal year 2007 in a condition that will permit recall
of such aircraft to future service.
SEC. 142. LIMITATION ON RETIREMENT OF KC-135E AERIAL REFUELING
AIRCRAFT.
The Secretary of the Air Force shall not retire any KC-135E aerial
refueling aircraft of the Air Force in fiscal year 2008 unless the
Secretary provides written notification of such retirement to the
congressional defense committees in accordance with established
procedures.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $11,268,904,000.
(2) For the Navy, $16,296,395,000.
(3) For the Air Force, $25,581,989,000.
(4) For Defense-wide activities, $21,511,739,000, 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, $11,204,784,000 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. ADVANCED SENSOR APPLICATIONS PROGRAM.
(a) Transfer of Funds.--Of the amount authorized to be appropriated
by section 201(4) for research, development, test, and evaluation,
Defense-wide activities, and made available for the Foreign Material
Acquisition and Exploitation Program and for activities of the Office
of Special Technology, an aggregate of $20,000,000 shall be transferred
to the Advanced Sensor Applications Program not later than 60 days
after the date of the enactment of this Act.
(b) Reassignment of Program.--Beginning not later than 30 days
after the date of the enactment of this Act, the Advanced Sensor
Applications Program shall be a program of the Defense Threat Reduction
Agency, managed by the Director of the Defense Threat Reduction Agency,
and shall be executed by the Program Executive Officer for Aviation for
the Navy working for the Director of the Defense Threat Reduction
Agency.
SEC. 212. ACTIVE PROTECTION SYSTEMS.
(a) Comparative Tests Required.--
(1) In general.--The Secretary of Defense shall undertake
comparative tests, including live-fire tests, of appropriate
foreign and domestic active protection systems in order--
(A) to determine the effectiveness of such systems;
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.
(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).
SEC. 213. OBLIGATION AND EXPENDITURE OF FUNDS FOR COMPETITIVE
PROCUREMENT OF PROPULSION SYSTEM FOR THE JOINT STRIKE
FIGHTER.
Within amount authorized to be appropriated for fiscal years after
fiscal year 2007 for procurement, and for research, development, test,
and evaluation, for the Joint Strike Fighter Program, the Secretary of
Defense shall ensure the obligation and expenditure of sufficient
amounts each such fiscal year for the continued development and
procurement of two options for the propulsion system for the Joint
Strike Fighter in order to assure the competitive development and
eventual production for the propulsion system for a Joint Strike
Fighter aircraft, thereby giving a choice of engine to the growing
number of nations expressing interest in procuring such aircraft.
Subtitle C--Missile Defense Programs
SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT,
CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN
EUROPE.
(a) General Limitation.--No funds authorized to be appropriated by
this Act may be obligated or expended for procurement, site activation,
construction, preparation of equipment for, or deployment of a long-
range missile defense system in Europe until the following conditions
have been met:
(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.
(2) Issues to be assessed.--In carrying out the assessment
described in paragraph (1), the federally funded research and
development center selected under that paragraph shall consider
the following in connection with options for missile defense in
Europe:
(A) The threat to Europe of ballistic missiles
(including short-range, medium-range, intermediate-
range, and long-range ballistic missiles) from Iran and
from other nations (except Russia), including the
likelihood and timing of such threats.
(B) The missile defense capabilities appropriate to
meet current, near-term, and mid-term ballistic missile
threats facing Europe during the period from 2008
through 2015.
(C) Alternative options for defending the European
territory of members of the North Atlantic Treaty
Organization against the threats described in
subparagraph (B).
(D) The utility and cost-effectiveness of providing
ballistic missile defense of the United States with a
system located in Europe, if warranted by the threat,
when compared with the provision of such defense
through the deployment of additional ballistic missile
defense in the United States.
(E) The views of European members of the North
Atlantic Treaty Organization on the desirability of
ballistic missile defenses for the European territory
of such nations.
(F) Potential opportunities for participation by
the Government of Russia in a European missile defense
system.
(3) Technologies to be considered.--In conducting the
assessment described in paragraph (1), the federally funded
research and development center selected under that paragraph
shall consider, but not be limited to, the following missile
defense technology options:
(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) The proposed deployment of Ground-based
Midcourse Defense (GMD) system elements in Europe,
consisting of the proposed 2-stage Orbital Boost
Vehicle interceptor, and the proposed European
Midcourse X-band radar.
(F) Forward-Based X-band Transportable (FBX-T)
radars.
(G) Other non-United States, North Atlantic Treaty
Organization missile defense systems.
(4) Factors to be considered.--In conducting the assessment
described in paragraph (1), the federally funded research and
development center selected under that paragraph shall consider
the following factors with respect to potential ballistic
missile defense options:
(A) The missile defense needs of the European
members of the North Atlantic Treaty Organization,
including forward deployed United States forces, with
respect to current, near-term, and mid-term ballistic
missile threats.
(B) Operational effectiveness.
(C) Command and control arrangements.
(D) Integration and interoperability with North
Atlantic Treaty Organization missile defenses.
(E) Cost and affordability, including possible
allied cost-sharing.
(F) Cost-effectiveness.
(G) The degree of coverage of the European
territory of members of the North Atlantic Treaty
Organization.
(5) Cooperation of other agencies.--The Secretary of
Defense, the Director of National Intelligence, and the heads
of other departments and agencies of the United States
Government shall provide the federally funded research and
development center selected under paragraph (1) such data,
analyses, briefings, and other information as the center
considers necessary to carry out the assessment described in
that paragraph.
(6) Report required.--Not later than 180 days after the
date of the enactment of this Act, the federally funded
research and development center selected under paragraph (1)
shall submit to the Secretary of Defense and the congressional
defense committees a report on the results of the assessment
described in that paragraph, including any findings and
recommendations of the center as a result of the assessment.
(7) Form.--The report under paragraph (6) shall be
submitted in unclassified form, but may include a classified
annex.
(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).
SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT OF MISSILE
DEFENSE INTERCEPTORS IN ALASKA.
None of the funds authorized to be appropriated by this Act may be
obligated or expended to deploy more than 40 Ground-Based Interceptors
at Fort Greely, Alaska, until the Secretary of Defense, after receiving
the views of the Director of Operational Test and Evaluation, submits
to Congress a certification that the Block 2006 Ground-based Midcourse
Defense element of the Ballistic Missile Defense System has
demonstrated, through operationally realistic end-to-end flight
testing, that it has a high probability of working in an operationally
effective manner.
SEC. 233. BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE DEFENSE
AGENCY ACTIVITIES.
(a) Revised Budget Structure.--The budget justification materials
submitted to Congress in support of the Department of Defense budget
for any fiscal year after fiscal year 2008 (as submitted with the
budget of the President under 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) 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
System 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 each year in the budget justification
materials described in subsection (a) a description of
actions being taken in the fiscal year in which such
materials are submitted, and the actions to be taken in
the fiscal year covered by such materials, to achieve
such objectives.
(3) Specification of ballistic missile defense system
elements.--The Ballistic Missile Defense System elements that,
as of May 2007, are Ballistic Missile Defense System elements
covered by paragraph (2)(A) are the following elements:
(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. 234. 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 report
promptly to the Director of Operational Test and Evaluation the results
of all tests and evaluations conducted by the Missile Defense Agency
and of all studies conducted by the Missile Defense Agency in
connection with tests and evaluations in the Missile Defense Agency.
``(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. 235. 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''.
Subtitle D--Other Matters
SEC. 251. 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. 252. 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. 253. 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) Strategic Plan.--(1) The Secretary shall develop a plan for
the program which includes the following:
``(A) The overall manufacturing technology goals,
milestones, priorities, and investment strategy for the program
during the 5-fiscal year period beginning with the first fiscal
year commencing after the development of the plan.
``(B) For each of the fiscal years under the period of the
plan, the objectives of, and funding for, the program for each
military department and each Defense Agency that shall
participate in the program during the period of the plan.
``(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) The Secretary shall include the plan, and any update of the
plan under paragraph (3), in the budget justification documents
submitted in support of the budget of the Department of Defense for the
applicable fiscal year (as included in the budget of the President
submitted to Congress under section 1105 of title 31).''.
(b) Initial Development of Plan.--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.
SEC. 254. MODIFICATION OF AUTHORITIES ON COORDINATION OF DEFENSE
EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH
WITH SIMILAR FEDERAL PROGRAMS.
Section 257(e)(2) of the National Defense Authorization Act for
Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by striking ``shall''
each place it appears and inserting ``may''.
SEC. 255. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Program Purposes.--Subsection (b) of section 246 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003 (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 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 interagency coordination of the program with
other departments and agencies participating in the National
Nanotechnology Initiative, including providing appropriate
funds to support the National Nanotechnology Coordination
Office.''.
(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) Activities.--Activities under the program shall include the
following:
``(1) The development of a strategic plan for defense
nanotechnology research and development that is integrated with
the strategic plan for the National Nanotechnology Initiative.
``(2) The issuance on an annual basis of policy guidance to
the military departments and the Defense Agencies that--
``(A) establishes research priorities under the
program;
``(B) provides for the determination and
documentation of the benefits to the Department of
Defense of research under the program; and
``(C) sets forth a clear strategy for transitioning
the research into products needed by the Department.
``(3) Advocating for the transition of nanotechnologies in
defense acquisition programs, including the development of
nanomanufacturing capabilities and a nanotechnology defense
industrial base.''.
(d) Reports.--Such section is further amended by adding at the end
the following new subsection:
``(e) Reports.--(1) Not later than March 1 of each of 2009, 2011,
and 2013, the Under Secretary of Defense for Acquisition, Technology,
and Logistics shall submit to the congressional defense committees a
report on the program.
``(2) 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) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.''.
(e) Comptroller General Report on Program.--Not later than March
31, 2010, the Comptroller General of the United States shall submit to
the congressional defense committees a report setting forth the
assessment of the Comptroller General of the progress made by the
Department of Defense in achieving the purposes of the defense
nanotechnology research and development program required by section 246
of the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (as amended by this section).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Armed Forces and other activities and agencies of
the Department of Defense, for expenses, not otherwise provided for,
for operation and maintenance, in amounts as follows:
(1) For the Army, $29,725,273,000.
(2) For the Navy, $33,307,690,000.
(3) For the Marine Corps, $4,998,493,000.
(4) For the Air Force, $32,967,215,000.
(5) For Defense-wide activities, $22,397,153,000.
(6) For the Army Reserve, $2,512,062,000.
(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, $5,861,409,000.
(11) For the Air National Guard, $5,469,368,000.
(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 Former Soviet Union Threat Reduction programs,
$448,048,000.
(19) For Overseas Humanitarian, Disaster and Civic Aid
programs, $63,300,000.
(20) For 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.
Subtitle C--Program Requirements, Restrictions, and Limitations
SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION SYSTEMS AGENCY
WORKING CAPITAL FUND FOR TECHNOLOGY UPGRADES TO DEFENSE
INFORMATION SYSTEMS NETWORK.
(a) In General.--Funds in the Defense Information Systems Agency
Working Capital Fund may be used for expenses directly related to
technology upgrades to the Defense Information Systems Network.
(b) Limitation on Certain Projects.--Funds may not be used under
subsection (a) for--
(1) any significant technology insertion to the Defense
Information Systems Network; 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. 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
``; and''; 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.''.
SEC. 323. REPORT ON INCREMENTAL COST OF EARLY 2007 ENHANCED DEPLOYMENT.
Section 323(b)(2) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 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
additional incremental cost resulting from the
additional deployment of forces to Iraq and Afghanistan
above the levels deployed to such countries on January
1, 2007.''.
SEC. 324. INDIVIDUAL BODY ARMOR.
(a) Assessment.--The Director of Operational Test and Evaluation
and the Director of Defense Research and Engineering shall jointly
conduct an assessment of various domestic technological approaches for
body armor systems for protection against ballistic threats at or above
military requirements.
(b) Report.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Director of Operational Test
and Evaluation and the Director of Defense Research and
Engineering shall jointly submit to the Secretary of Defense,
and to the congressional defense committees, a report on the
assessment required by subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a detailed comparative analysis and assessment
of the technical approaches covered by the assessment
under subsection (a), including the technical
capability, feasibility, military utility, and cost of
each such approach; and
(B) such other matters as the Director of
Operational Test and Evaluation and the Director of
Defense Research and Engineering jointly consider
appropriate.
(3) Form.--The report submitted under paragraph (1) to the
congressional defense committees shall be submitted in both
classified and unclassified form.
Subtitle D--Workplace and Depot Issues
SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO
ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.
(a) Extension of Authority.--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. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT DEMONSTRATION PROGRAM.
(a) Extension.--Subsection (a) of section 343 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 10 U.S.C. 4551 note) is amended
by striking ``fiscal years 2001 through 2008'' and inserting ``fiscal
years 2001 through 2010''.
(b) Extension of Reporting Requirement.--The second sentence in
subsection (g)(1) of such section is amended to read as follows: ``No
report is required after fiscal year 2010.''.
Subtitle E--Other Matters
SEC. 351. 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--
(A) in the section heading, by striking ``Military
equipment and infrastructure: prevention and mitigation
of corrosion'' and inserting ``Office of Corrosion
Policy and Oversight''; and
(B) by amending subsection (a) to read as follows:
``(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 (in this section referred to as the `Director'), who
shall be assigned to such position by the Under Secretary from among
civilian employees of the Department of Defense with the qualifications
described in paragraph (3). The Director is the senior official
responsible in the Department of Defense to the Secretary of Defense
(after the Under Secretary of Defense for Acquisition, Technology, and
Logistics) for the prevention and mitigation of corrosion of the
military equipment and infrastructure of the Department of Defense. The
Director shall report directly to the Under Secretary.
``(3) In order to qualify to be assigned to the position of
Director, an individual shall--
``(A) have a minimum of 10 years experience in the Defense
Acquisition Corps;
``(B) have technical expertise in, and professional
experience with, corrosion engineering, including an
understanding of the effects of corrosion policies on
infrastructure; research, development, test, and evaluation;
and maintenance; and
``(C) have background in and an understanding of Department
of Defense budget formulation and execution, policy
formulation, and planning and program requirements.''.
(2) Conforming changes.--Subsection (b) of such section is
amended--
(A) in paragraph (1), by striking ``official or
organization designated under subsection (a)'' and
inserting ``Director''; and
(B) by striking ``designated official or
organization'' each place it appears and inserting
``Director''.
(b) Additional Authority for Director of Office.--Such section 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 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.--Subparagraph (D) of subsection (d)(2) of
such section, as redesignated by subsection (b), is amended by
inserting after ``operational strategies'' the following: ``, including
through the establishment of memoranda of agreement, joint funding
agreements, public-private partnerships, university research centers,
and other cooperative research agreements''.
(d) Report Requirement.--Such section is further amended by
inserting after subsection (d), as redesignated by subsection (b), the
following new subsection:
``(e) Report.--(1) The Secretary of Defense shall submit with the
defense budget materials for each fiscal year beginning with fiscal
year 2009 a report on the following:
``(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 of why the Department of Defense is
not requesting funds for the entire requirement.
``(2) Not later than 60 days after submission of the budget for a
fiscal year, the Comptroller General shall provide to the congressional
defense committees--
``(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), 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.''.
SEC. 352. 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'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection:
``(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.''; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) by inserting ``or section 502(f) of title 32''
after ``under this chapter''; and
(B) in paragraph (2), by inserting ``or personnel
of the National Guard'' after ``Department of
Defense''.
SEC. 353. 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''.
SEC. 354. PROPERTY ACCOUNTABILITY AND DISPOSITION OF UNLAWFULLY
OBTAINED PROPERTY OF THE ARMED FORCES.
(a) Statutory Establishment of Accountability for Property of Navy
and Marine Corps.--
(1) In general.--Chapter 661 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7864. Property accountability; regulations
``The Secretary of the Navy may prescribe regulations for the
accounting for property of the Navy and the Marine Corps and for the
fixing of responsibility for such property.''.
(2) Unauthorized disposition and recovery of property.--
Such chapter is further amended by adding at the end the
following new section:
``Sec. 7865. Military equipment: unauthorized disposition
``(a) Prohibition.--No member of the Navy or the Marine Corps may
sell, lend, pledge, barter, or give any clothing, arms, or equipment
obtained by or furnished to the member by the United States to any
person other than a member of the Navy or the Marine Corps authorized
to receive it, an officer of the United States authorized to receive
it, or any other individual authorized to receive it.
``(b) Seizure of Property.--If a member of the Navy or the Marine
Corps disposes of property in violation of subsection (a) and it is in
the possession of a person who is not authorized to receive it as
described in that subsection, that person has no right to or interest
in the property, and any civil or military officer of the United States
may seize it, wherever found, subject to applicable regulations.
Possession of such property by a person who is not authorized to
receive it as described in subsection (a) is prima facie evidence that
it has been disposed of in violation of subsection (a).
``(c) Retention of Seized Property.--If an officer who seizes
property under subsection (b) is not authorized to retain it for the
United States, the officer shall deliver it to a person who is
authorized to retain it.''.
(b) Standardizing Amendments Relating to Disposition of Unlawfully
Obtained Army and Air Force Property.--
(1) Army property.--Section 4836 of title 10, United States
Code, is amended to read as follows:
``Sec. 4836. Military equipment: unauthorized disposition
``(a) Prohibition.--No member of the Army may sell, lend, pledge,
barter, or give any clothing, arms, or equipment obtained by or
furnished to the member by the United States to any person other than a
member of the Army authorized to receive it, an officer of the United
States authorized to receive it, or any other individual authorized to
receive it.
``(b) Seizure of Property.--If a member of the Army disposes of
property in violation of subsection (a) and it is in the possession of
a person who is not authorized to receive it as described in that
subsection, that person has no right to or interest in the property,
and any civil or military officer of the United States may seize it,
wherever found, subject to applicable regulations. Possession of such
property by a person who is not authorized to receive it as described
in subsection (a) is prima facie evidence that it has been disposed of
in violation of subsection (a).
``(c) Retention of Seized Property.--If an officer who seizes
property under subsection (b) is not authorized to retain it for the
United States, the officer shall deliver it to a person who is
authorized to retain it.''.
(2) Air force property.--Section 9836 of such title is
amended is amended to read as follows:
``Sec. 9836. Military equipment: unauthorized disposition
``(a) Prohibition.--No member of the Air Force may sell, lend,
pledge, barter, or give any clothing, arms, or equipment obtained by or
furnished to the member by the United States to any person other than a
member of the Air Force authorized to receive it, an officer of the
United States authorized to receive it, or any other individual
authorized to receive it.
``(b) Seizure of Property.--If a member of the Air Force disposes
of property in violation of subsection (a) and it is in the possession
of a person who is not authorized to receive it as described in that
subsection, that person has no right to or interest in the property,
and any civil or military officer of the United States may seize it,
wherever found, subject to applicable regulations. Possession of such
property by a person who is not authorized to receive it as described
in subsection (a) is prima facie evidence that it has been disposed of
in violation of subsection (a).
``(c) Retention of Seized Property.--If an officer who seizes
property under subsection (b) is not authorized to retain it for the
United States, the officer shall deliver it to a person who is
authorized to retain it.''.
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 453
of such title is amended by striking the item relating to
section 4836 and inserting the following new item:
``4836. Military equipment: unauthorized disposition.''.
(2) The table of sections at the beginning of chapter 661
of such title is amended by adding at the end the following new
items:
``7864. Property accountability: regulations.
``7865. Military equipment: unauthorized disposition.''.
(3) The table of sections at the beginning of chapter 953
of such title is amended by striking the item relating to
section 9836 and inserting the following new item:
``9836. Military equipment: unauthorized disposition.''.
SEC. 355. AUTHORITY TO IMPOSE REASONABLE CONDITIONS ON THE PAYMENT OF
FULL REPLACEMENT VALUE FOR CLAIMS RELATED TO 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
require members of the armed forces or civilian employees of the
Department of Defense to comply with reasonable conditions in order to
receive benefits under this section.''.
SEC. 356. AUTHORITY FOR INDIVIDUALS TO RETAIN COMBAT UNIFORMS ISSUED IN
CONNECTION WITH CONTINGENCY OPERATIONS.
The Secretary of a military department may authorize members of the
Armed Forces under the jurisdiction of the Secretary to retain combat
uniforms issued as organizational clothing and individual equipment in
connection with their deployment in support of contingency operations.
SEC. 357. MODIFICATION OF REQUIREMENTS ON COMPTROLLER GENERAL REPORT ON
THE READINESS OF ARMY AND MARINE CORPS GROUND FORCES.
(a) Submittal Date.--Subsection (a)(1) of section 345 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2156) is amended by striking ``June 1, 2007''
and inserting ``March 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 Operations
Iraqi Freedom and Enduring Freedom 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.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2008, as follows:
(1) The Army, 525,400.
(2) The Navy, 328,400.
(3) The Marine Corps, 189,000.
(4) The Air Force, 328,600.
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) Adjustments.--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.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
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.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2008
for military personnel, in amounts as follows:
(1) For the Army, $34,952,762,000.
(2) For the Navy, $23,300,841,000.
(3) For the Marine Corps, $11,065,542,000.
(4) For the Air Force, $24,091,993,000.
(5) For the Army Reserve, $3,701,197,000.
(6) For the Navy Reserve, $1,766,408,000.
(7) For the Marine Corps Reserve, $593,961,000.
(8) For the Air Force Reserve, $1,356,618,000.
(9) For the Army National Guard, $5,914,979,000.
(10) For the Air National Guard, $2,607,456,000.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE
DUTY IN THE GRADE OF MAJOR TO MEET FORCE STRUCTURE
REQUIREMENTS.
The table in section 523(a)(1) of title 10, United States Code, is
amended by striking the items under the heading ``Major'' in the
portion of the table relating to the Army and inserting the following
new items:
``7,768
8,689
9,611
10,532
11,454
12,375
13,297
14,218
15,140
16,061
16,983
17,903
18,825
19,746
20,668
21,589
22,511
24,354
26,197
28,040
35,412''.
SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE
DUTY IN GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND
CAPTAIN TO MEET FORCE STRUCTURE REQUIREMENTS.
(a) In General.--The table in section 523(a)(2) of title 10, United
States Code, is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on active duty in
``Total number of commissioned officers (excluding the grade of:
officers in categories specified in subsection (b)) -----------------------------------------------------------
on active duty: Lieutenant
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''.
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2007.
SEC. 503. EXPANSION OF EXCLUSION OF MILITARY PERMANENT PROFESSORS FROM
STRENGTH LIMITATIONS FOR OFFICERS BELOW GENERAL AND FLAG
GRADES.
(a) Inclusion of Permanent Professors of the Navy.--Section
523(b)(8) of title 10, United States Code, is amended--
(1) by striking ``Naval Academy'' and inserting ``Navy'';
and
(2) by inserting ``or service'' before the period at the
end.
(b) Expansion of Exclusion Generally.--Such section is further
amended by striking ``50'' and inserting ``85''.
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 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) The Secretary of Defense may waive the service required by
subsection (a) for initial appointments of commissioned officers in
such critically short health professional specialties as the Secretary
shall specify for purposes of this subsection.
``(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. 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. 507. 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. 508. 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. 509. 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 chapter 603 of such title 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)''.
Subtitle B--Enlisted Personnel Policy
SEC. 521. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER OF MEMBERS IN
PAY GRADE E-9.
(a) Increase.--Section 517(a) of title 10, United States Code, is
amended by striking ``1 percent'' and inserting ``1.25 percent''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2007, and shall apply with respect to fiscal
years beginning on or after that date.
Subtitle C--Reserve Component Management
SEC. 531. REVISED DESIGNATION, STRUCTURE, AND FUNCTIONS OF THE RESERVE
FORCES POLICY BOARD.
(a) Modification of Designation, Structure, and Functions of
Reserve Forces Policy Board.--
(1) In general.--Section 10301 of title 10, United States
Code, is amended to read as follows:
``Sec. 10301. Reserve Policy Advisory Board
``(a) There is in the Office of the Secretary of Defense a Reserve
Policy Advisory Board.
``(b)(1) The Board shall consist of a civilian chairman and not
more than 15 other members, each appointed by the Secretary of Defense,
of whom--
``(A) not more than 4 members may be Government civilian
officials who must be from outside the Department of Defense;
and
``(B) not more than 2 members may be members of the armed
forces.
``(2) Each member appointed to serve on the Board shall have--
``(A) extensive knowledge, or experience with, reserve
component matters, national security and national military
strategies of the United States, or roles and missions of the
regular components and the reserve components;
``(B) extensive knowledge of, or experience in, homeland
defense and matters involving Department of Defense support to
civil authorities; or
``(C) a distinguished background in government, business,
personnel planning, technology and its application in military
operations, or other fields that are pertinent to the
management and utilization of the reserve components.
``(3) Each member of the Board shall serve for a term of 2 years,
and, at the conclusion of such term, may be appointed under this
subsection to serve an additional term of 2 years.
``(4) Upon the designation of the chairman of the Board and the
approval of the Secretary of Defense, an officer of the Army, Navy, Air
Force, or Marine Corps in the Reserves or the National Guard who is a
general or flag officer shall serve as the military advisor to, and
executive officer of, the Board. Such service shall be either full-time
or part-time, as designated by the Secretary of Defense, and shall be
in a non-voting status on the Board.
``(c)(1) This section does not affect the committees on reserve
policies prescribed within the military departments by sections 10302
through 10305 of this title.
``(2) A member of a committee or board prescribed under a section
listed in paragraph (1) may, if otherwise eligible, be a member of the
Reserve Policy Advisory Board.
``(d)(1) The Board shall provide the Secretary of Defense, through
the Deputy Secretary of Defense, with independent advice and
recommendations on strategies, policies, and practices designed to
improve the capability, efficiency, and effectiveness of the reserve
components.
``(2) The Board shall act on those matters referred to it by the
Secretary or the chairman and, in addition, on any matter raised by a
member of the Board.
``(e) The Under Secretary of Defense for Personnel and Readiness
shall provide necessary logistical support to the Board.
``(f) The Board shall not be subject to the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1009 of such title is amended by striking
the item relating to section 10301 and inserting the following
new item:
``10301. Reserve Policy Advisory Board.''.
(3) References.--Any reference in any law, regulation,
document, record, or other paper of the United States to the
Reserve Forces Policy Board shall be deemed to be a reference
to the Reserve Policy Advisory Board.
(b) Inclusion of Matters From Board in Annual Report on Activities
of Department of Defense.--Paragraph (2) of section 113(c) of title 10,
United States Code, is amended to read as follows:
``(2) At the same time the Secretary submits the annual report
under paragraph (1), the Secretary may transmit to the President and
Congress with such report any additional matters from the Reserve
Policy Advisory Board on the programs and activities of the reserve
components as the Secretary considers appropriate to include in such
report.''.
SEC. 532. CHARTER FOR THE NATIONAL GUARD BUREAU.
(a) Prescription of Charter by Secretary of Defense.--Section 10503
of title 10, United States Code, is amended--
(1) by striking ``The Secretary of the Army and the
Secretary of the Air Force shall jointly develop and'' in the
matter preceding paragraph (1) and inserting ``The Secretary of
the Defense shall, in consultation with the Secretary of the
Army, the Secretary of the Air Force, and the Chairman of the
Joint Chiefs of Staff,'';
(2) in paragraph (10), by striking ``the Army and Air
Force'' and inserting ``the Secretary of Defense, the Secretary
of the Army, and the Secretary of the Air Force''; and
(3) in paragraph (12), by striking ``Secretaries'' and
inserting ``Secretary of Defense, the Secretary of the Army,
and the Secretary of the Air Force''.
(b) 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 from the
Secretary of Defense''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1011 of such title is amended by striking
the item related to section 10503 and inserting the following
new item:
``10503. Functions of the National Guard Bureau: charter from the
Secretary of Defense.''.
SEC. 533. 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 section 10502 of such title
is amended to read as follows:
``(c) Advisor on National Guard Matters.--The Chief of the National
Guard Bureau is--
``(1) an advisor to the Secretary of Defense, through the
Chairman of the Joint Chiefs of Staff, on matters involving
non-federalized National Guard forces and on other matters as
determined by the Secretary of Defense; 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.''.
(e) Deferral of Retirement.--Section 14512(a) of such title is
amended by adding at the end the following new paragraph:
``(3) The President may defer the retirement of an officer serving
in the position specified in paragraph (2)(A), but such deferment may
not extend beyond the first day of the month following the month in
which the officer becomes 68 years of age.''.
SEC. 534. MANDATORY SEPARATION FOR YEARS OF SERVICE OF RESERVE OFFICERS
IN THE GRADE OF LIEUTENANT GENERAL OR VICE ADMIRAL.
Section 14508 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):
``(c) Thirty-Eight Years of Service for Lieutenant Generals and
Vice Admirals.--Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the Army, Air
Force, or Marine Corps in the grade of lieutenant general, and each
reserve officer of the Navy in the grade of vice admiral, shall, 30
days after completion of 38 years of commissioned service, be separated
in accordance with section 14514 of this title.''.
SEC. 535. INCREASE IN PERIOD OF TEMPORARY FEDERAL RECOGNITION AS
OFFICERS OF THE NATIONAL GUARD FROM SIX TO TWELVE MONTHS.
Section 308(a) of title 32, United States Code, is amended by
striking ``six months'' and inserting ``12 months''.
Subtitle D--Education and Training
SEC. 551. GRADE AND SERVICE CREDIT OF COMMISSIONED OFFICERS IN
UNIFORMED MEDICAL ACCESSION PROGRAMS.
(a) Medical Students of USUHS.--Section 2114(b) of title 10, United
States Code, is amended by striking the second sentence and inserting
the following new sentences: ``Medical students so commissioned shall
be appointed as regular officers in the grade of second lieutenant or
ensign, or if they meet promotion criteria prescribed by the Secretary
concerned, in the grade of first lieutenant or lieutenant (junior
grade), and shall serve on active duty with full pay and allowances of
an officer in the applicable grade. Any prior service of medical
students on active duty shall be deemed, for pay purposes, to have been
service as a warrant officer.''.
(b) Participants in Health Professions Scholarship and Financial
Assistance Program.--
(1) Grade of participants.--Section 2121(c) of such title
is amended by striking the second sentence and inserting the
following new sentences: ``Persons so commissioned shall be
appointed in the grade of second lieutenant or ensign, or if
they meet promotion criteria prescribed by the Secretary
concerned, in the grade of first lieutenant or lieutenant
(junior grade), and shall serve on active duty with full pay
and allowances of an officer in the applicable grade for a
period of 45 days during each year of participation in the
program. Any prior service of such persons on active duty shall
be deemed, for pay purposes, to have been service as a warrant
officer.''.
(2) Service credit.--Subsection (a) of section 2126 of such
title is amended to read as follows:
``(a) Service Not Creditable.--Except as provided in subsection
(b), service performed while a member of the program shall not be
counted in determining eligibility for retirement other than by reason
of a physical disability incurred while on active duty as a member of
the program.''.
(c) Officers Detailed as Students at Medical Schools.--Subsection
(a) of section 2004a of such title is amended by adding at the end the
following new sentences: ``An officer detailed under this section shall
serve on active duty, subject to the limitations on grade specified in
section 2114(b) of this title. Any prior active service of such an
officer shall be deemed, for pay purposes, to have been served as a
warrant officer.''.
SEC. 552. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN ANY STATE
UNDER STARBASE PROGRAM.
(a) Expansion.--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''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2007.
SEC. 553. 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. 554. TREATMENT OF SOUTHOLD, MATTITUCK, AND GREENPORT HIGH SCHOOLS,
SOUTHOLD, NEW YORK, AS SINGLE INSTITUTION FOR PURPOSES OF
MAINTAINING A JUNIOR RESERVE OFFICERS' TRAINING CORPS
UNIT.
Southold High School, Mattituck High School, and Greenport High
School, located in Southold, New York, may be treated as a single
institution for purposes of the maintenance of a unit of the Junior
Reserve Officers' Training Corps of the Navy.
Subtitle E--Defense Dependents' Education Matters
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for Defense-
wide activities, $35,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under subsection (a)
of section 572 of the National Defense Authorization Act for Fiscal
Year 2006 (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. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$5,000,000 shall be available for payments under section 363 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
SEC. 563. INCLUSION OF DEPENDENTS OF NON-DEPARTMENT OF DEFENSE
EMPLOYEES EMPLOYED ON FEDERAL PROPERTY IN PLAN RELATING
TO FORCE STRUCTURE CHANGES, RELOCATION OF MILITARY UNITS,
OR BASE CLOSURES AND REALIGNMENTS.
Section 574(e)(3) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (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. 564. AUTHORITY FOR PAYMENT OF PRIVATE BOARDING SCHOOL TUITION FOR
MILITARY DEPENDENTS IN OVERSEAS AREAS NOT SERVED BY
DEPARTMENT OF DEFENSE DEPENDENTS' SCHOOLS.
Section 1407(b)(1) of the Defense Dependents' Education Act of 1978
(20 U.S.C. 926(b)(1)) is amended in the first sentence by inserting ``,
including private boarding schools in the United States,'' after
``subsection (a)''.
Subtitle F--Military Justice and Legal Assistance Matters
SEC. 571. AUTHORITY OF JUDGES OF THE UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES TO ADMINISTER OATHS.
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 oaths.''.
SEC. 572. MILITARY LEGAL ASSISTANCE FOR DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES IN AREAS WITHOUT ACCESS TO NON-MILITARY LEGAL
ASSISTANCE.
Section 1044(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(6) Civilian employees of the Department of Defense in
locations where legal assistance from non-military legal
assistance providers is not reasonably available.''.
SEC. 573. 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) Conforming and clerical amendments.--(A) The heading of
such section is amended by striking ``assistant judge advocate
general'' and inserting ``deputy judge advocate general''.
(B) The table of sections at the beginning of chapter 305
of such title is amended in the item relating to section 3037
by striking ``Assistant Judge Advocate General'' and inserting
``Deputy Judge Advocate General''.
(b) Grade of Judge Advocate General of the Navy.--Section 5148(b)
of such title is amended in subsection by striking the last sentence
and inserting the following new sentence: ``The Judge Advocate General,
while so serving, has the grade of vice admiral or lieutenant general,
as appropriate.''.
(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) Exclusion From Active-Duty General and Flag Officer Strength
and Distribution Limitations.--Section 525(b) of such title is amended
by adding at the end the following new paragraph:
``(9) An officer while serving as the Judge Advocate General of the
Army, the Judge Advocate General of the Navy, or the Judge Advocate
General of the Air Force is in addition to the number that would
otherwise be permitted for that officer's armed force for officers
serving on active duty in grades above major general or rear admiral
under paragraph (1) or (2), as applicable.''.
(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.''.
Subtitle G--Military Family Readiness
SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL.
(a) In General.--Subchapter I of chapter 88 of title 10, United
States Code, is amended by inserting after section 1781 the following
new section:
``Sec. 1781a. Department of Defense Military Family Readiness Council
``(a) In General.--There is in the Department of Defense the
Department of Defense Military Family Readiness Council (hereafter in
this section referred to as the `Council').
``(b) Members.--(1) The members of the Council shall be the
following:
``(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, the Navy, the
Marine Corps, and the Air Force, who shall be appointed by
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), of whom not less than
two shall be members of the family of an enlisted member of the
armed forces.
``(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. Not more than one meeting of the Council each year shall be
in the National Capital Region.
``(d) Duties.--The duties of the Council shall include the
following:
``(1) To review and make recommendations to the Secretary
of Defense on 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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 88 of such title is amended by inserting after
the item relating to section 1781 the following new item:
``1781a. Department of Defense Military Family Readiness Council.''.
SEC. 582. DEPARTMENT OF DEFENSE POLICY AND PLANS FOR MILITARY FAMILY
READINESS.
(a) Policy and Plans Required.--
(1) In general.--Subchapter I of chapter 88 of title 10,
United States Code, as amended by section 581 of this Act, is
further amended by inserting after section 1781a the following
new section:
``Sec. 1781b. Department of Defense policy and plans for military
family readiness
``(a) In General.--The Secretary of Defense shall develop a policy
and plans for the Department of Defense for the support of military
family readiness.
``(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 ensure that the goal of military family readiness
is an explicit element of applicable Department of Defense
plans, programs, and budgeting activities, and that achievement
of military family readiness is expressed through Department-
wide goals that are identifiable and measurable.
``(5) To ensure that the military family readiness programs
and activities of the Department of Defense undergo continuous
evaluation in order to ensure that resources are allocated and
expended for such programs and activities in the most effective
possible manner throughout the Department.
``(c) Elements of Policy.--The policy required under subsection (a)
shall include the following elements:
``(1) A definition for treating a program or activity of
the Department of Defense as a military family readiness
program or activity.
``(2) Department of Defense-wide goals for military family
support, both for military families of members of the regular
components and military families of members of the reserve
components.
``(3) Requirements for joint programs and activities for
military family support.
``(4) Policies on access to military family support
programs and activities based on military family populations
served and geographical location.
``(5) Metrics to measure the performance and effectiveness
of the military family readiness programs and activities of the
Department of Defense.
``(d) Elements of Plans.--(1) Each plan under required under
subsection (a) shall include the elements specified in paragraph (2)
for the five-fiscal year period beginning with the fiscal year in which
such plan is submitted under paragraph (3).
``(2) The elements in each plan required under subsection (a) shall
include, for the period covered by such plan, the following:
``(A) An ongoing identification and assessment of the
effectiveness of the military family readiness programs and
activities of the Department of Defense in meeting goals for
such programs and activities, which assessment shall evaluate
such programs and activities separately for each military
department and for each regular component and each reserve
component.
``(B) A description of the resources required to support
the military family readiness programs and activities of the
Department of Defense, including the military personnel,
civilian personnel, and volunteer personnel so required.
``(C) An ongoing identification in gaps in the military
family readiness programs and activities of the Department of
Defense, and an ongoing identification of the resources
required to address such gaps.
``(D) Mechanisms to apply the metrics developed under
subsection (c)(5).
``(E) A summary, by fiscal year, of the allocation of funds
(including appropriated funds and nonappropriated funds) for
major categories of military family readiness programs and
activities of the Department of Defense, set forth for each of
the military departments and for the Office of the Secretary of
Defense.
``(3) Not later than March 1, 2008, and each year thereafter, the
Secretary of Defense shall submit to the congressional defense
committees a report on the plans required under subsection (a) for the
five-fiscal year period beginning with the fiscal year beginning in the
year in which such report is submitted. Each report shall include the
plans covered by such report and an assessment of the discharge by the
Department of Defense of the previous plans submitted under this
subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of such title, as so
amended, is further amended by inserting after the item
relating to section 1781a the following new item:
``1781b. Department of Defense policy and plans for military family
readiness.''.
(3) Report on policy.--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 this subsection), not later
than February 1, 2009.
(b) Surveys of Military Families.--Section 1782(a) of title 10,
United States Code, is amended--
(1) in the heading, by striking ``Authority'' and inserting
``In General''; and
(2) by striking ``may conduct surveys'' in the matter
preceding paragraph (1) and inserting ``shall, in fiscal year
2009 and not less often than once every three fiscal years
thereafter, conduct surveys''.
Subtitle H--Other Matters
SEC. 591. ENHANCEMENT OF CARRYOVER OF ACCUMULATED LEAVE FOR MEMBERS OF
THE ARMED FORCES.
(a) Increase in Accumulation of Carryover Amount.--
(1) In general.--Subsection (b) of section 701 of title 10,
United States Code, is amended by striking ``60 days'' and
inserting ``90 days''.
(2) High deployment members.--Paragraph (1) of subsection
(f) of such section is amended--
(A) by striking ``60 days'' each place it appears
and inserting ``90 days''; and
(B) in subparagraph (C), by striking ``third fiscal
year'' and inserting ``fourth fiscal year''.
(3) Members serving in support of contingency operations.--
Paragraph (2) of subsection (f) of such section is amended by
striking ``except for this paragraph--'' and all that follows
and inserting ``except for this paragraph, would lose any
accumulated leave in excess of 90 days at the end of that
fiscal year, shall be permitted to retain such leave until the
end of the second fiscal year after the fiscal year in which
such service on active duty is terminated.''.
(4) Conforming amendments.--Subsection (g) of such section
is amended--
(A) by striking ``60-day'' and inserting ``90-
day''; and
(B) by striking ``90-day'' and inserting ``120-
day''.
(b) 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.''.
(c) Effective Date.--
(1) Increase in accumulation.--The amendments made by
subsection (a) shall take effect on October 1, 2008.
(2) Pay.--The amendment made by subsection (b) shall take
effect on the date of the enactment of this Act.
SEC. 592. UNIFORM POLICY ON PERFORMANCES BY MILITARY BANDS.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 988. Performances by military bands
``(a) In General.--Department of Defense bands, ensembles,
choruses, or similar musical units, including individual members
thereof performing in an official capacity, may not--
``(1) engage in the performance of music in competition
with local civilian musicians; or
``(2) receive remuneration for official performances.
``(b) Performance of Music in Competition With Local Civilian
Musicians Defined.--In this section, the term `performance of music in
competition with local civilian musicians'--
``(1) includes--
``(A) a performance of music that is more than
incidental to an event that is not supported solely by
appropriated funds or free to the public; and
``(B) a performance of background, dinner, dance,
or other social music at any event, regardless of
location, that is not supported solely by appropriated
funds; but
``(2) does not include a performance of music--
``(A) at an official Federal Government event that
is supported solely by appropriated funds;
``(B) at a concert, parade, or other event of a
patriotic nature (including a celebration of a national
holiday) that is free to the public; or
``(C) that is incidental to an event that is not
supported solely by appropriated funds, including a
short performance of military or patriotic music at the
beginning or end of an event, if the performance
complies with such regulations as the Secretary of
Defense shall prescribe for purposes of this section.
``(c) Members of Department of Defense Bands Performing in Personal
Capacity.--A member of a Department of Defense band, ensemble, chorus,
or similar musical unit may perform music in the member's personal
capacity, as an individual or part of a group, whether for remuneration
or otherwise, if in so performing the member does not wear a military
uniform or otherwise identify the member as a member of the Department
of Defense, as provided in applicable regulations and standards of
conduct.
``(d) Recordings.--(1) When authorized pursuant to regulations
prescribed by the Secretary of Defense for purposes of this section,
Department of Defense bands, ensembles, choruses, or similar musical
units may produce recordings for distribution to the public, at a cost
not to exceed production and distribution expenses.
``(2) Amounts received in payment for recording distributed to the
public under this subsection shall be credited to the appropriation or
account providing the funds for the production of such recordings. Any
amounts so credited shall be merged with amounts in the appropriation
or account to which credited, and shall be available for the same
purposes, and subject to the same conditions and limitations, as
amounts in such appropriation or account.''.
(b) Conforming Repeals.--Sections 3634, 6223, and 8634 of such
title are repealed.
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 49 of
such title is amended by adding at the end the following new
item:
``988. Performances by military bands.''.
(2) The table of sections at the beginning of chapter 349
of such title is amended by striking the item relating to
section 3634.
(3) The table of sections at the beginning of chapter 565
of such title is amended by striking the item relating to
section 6223.
(4) The table of sections at the beginning of chapter 849
of such title is amended by striking the item relating to
section 8634.
SEC. 593. WAIVER OF TIME LIMITATIONS ON AWARD OF MEDALS OF HONOR TO
CERTAIN MEMBERS OF THE ARMY.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in 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 military service, the President may
award the Medal of Honor under section 3741 of that title to any of the
persons named in subsections (b), (c), (d), (e), and (f) for the acts
of valor referred to in the respective subsections.
(b) Woodrow Keeble.--Subsection (a) applies with respect to Woodrow
W. Keeble, for conspicuous acts of gallantry and intrepidity at the
risk of his life above and beyond the call of duty as an acting platoon
leader on October 20, 1950, during the Korean War.
(c) Leslie Sabo, Jr.--Subsection (a) applies with respect to Leslie
H. Sabo, Jr., for conspicuous acts of gallantry and intrepidity at the
risk of his life above and beyond the call of duty on May 10, 1970, as
an Army soldier, serving in the grade of Specialist Grade Four in
Vietnam, with Company B, 3d Battalion, 506th Infantry Regiment, 101st
Airborne Division.
(d) Philip Shadrach.--Subsection (a) applies with respect to Philip
G. Shadrach, for conspicuous acts of gallantry and intrepidity at the
risk of his life above and beyond the call of duty on April 12, 1862,
as a Union Soldier, serving in the grade of Private during the Civil
War, with Company K, 2nd Ohio Volunteer Infantry Regiment.
(e) Henry Svehla.--Subsection (a) applies with respect to Henry
Svehla, for conspicuous acts of gallantry and intrepidity at the risk
of his life above and beyond the call of duty on June 12, 1952, as an
Army soldier, serving in the grade of Private First Class in Korea,
with Company F, 32d Infantry Regiment, 7th Infantry Division.
(f) George Wilson.--Subsection (a) applies with respect to George
D. Wilson, for conspicuous acts of gallantry and intrepidity at the
risk of his life above and beyond the call of duty on April 12, 1862,
as a Union Soldier, serving in the grade of Private during the Civil
War, with Company B, 2nd Ohio Volunteer Infantry Regiment.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2008 required by 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. 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. 603. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS OF MEMBERS
PARTICIPATING IN THRIFT SAVINGS PLAN.
Section 1014 of title 37, United States Code, is amended by adding
at the end the following new subsection:
``(c) Subsection (a) does not preclude a payment with respect to a
member who elects to participate in the Thrift Savings Plan under
section 211 of this title of an amount equal to one-half of the monthly
deposit to the Thrift Savings Fund otherwise to be made by the member
in participating in the Plan, which amount shall be deposited in the
Fund at midmonth.''.
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''.
SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR RETENTION
BONUS FOR MEDICAL OFFICERS OF THE ARMED FORCES.
(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 such title is
amended by striking ``$50,000'' and inserting ``$75,000''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2007.
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 subsection (a) shall
take effect on October 1, 2007, and shall apply to payments of dental
officer additional special pay under agreements entered into under
section 302b(b) of title 37, United States Code, on or after that date.
SEC. 617. ENHANCEMENT OF HARDSHIP DUTY PAY.
(a) In General.--The text of section 305 of title 37, United States
Code, is amended to read as follows:
``(a) Authority.--A member of a uniformed service who is entitled
to basic pay may be paid special pay under this section while the
member is performing duty that is designated by the Secretary of
Defense as hardship duty.
``(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 maximum monthly rate of
special pay payable to a member on a monthly basis under this section
is $1,500.
``(2) The amount of the lump sum payment of special pay payable to
a member on a lump sum basis under this section may not exceed an
amount equal to the product of--
``(A) the maximum monthly rate authorized under paragraph
(1) at the time the member qualifies for payment of special pay
on a lump sum basis under this section; and
``(B) the number of months for which special pay on a lump
sum basis under this section is payable to the member.
``(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 complete the period of service for
which such special pay is paid, shall be subject to the repayment
provisions of section 303a(e) of this title.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations for the payment of hardship duty pay under this section,
including the specific rates at which special pay payable under this
section on a monthly basis shall be paid.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2007, and shall apply with respect to
hardship duty pay payable on or after that date.
SEC. 618. INCLUSION OF SERVICE AS OFF-CYCLE CREWMEMBER OF MULTI-CREWED
SHIP IN SEA DUTY FOR CAREER SEA PAY.
(a) In General.--Section 305a(e)(1)(A) of title 37, United States
Code, is amended--
(1) in clause (ii), by striking ``or'' at the end; 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''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2007, and shall apply with respect to months
beginning on or after that date.
SEC. 619. MODIFICATION OF REENLISTMENT BONUS FOR MEMBERS OF THE
SELECTED RESERVE.
(a) Minimum Period of Reenlistment.--Subsection (a)(2) of section
308b of title 37, United States Code, is amended by striking ``for a
period of three years or for a period of six years'' and inserting
``for a period of not less than three years''.
(b) Amount of Bonus.--Subsection (b)(1) of such section is amended
by striking ``may not exceed--'' and all that follows and inserting
``may not exceed $15,000.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2007, and shall apply with respect to
reenlistments or extensions of enlistment that occur on or after that
date.
SEC. 620. INCREASE IN YEARS OF COMMISSIONED SERVICE COVERED BY
AGREEMENTS FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING
PERIODS OF ACTIVE DUTY.
(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 ``26 years'' and
inserting ``30 years''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to agreements, including new agreements, entered into
under section 312 of title 37, United States Code, on or after that
date.
SEC. 621. AUTHORITY TO WAIVE 25-YEAR ACTIVE DUTY LIMIT FOR RETENTION
BONUS FOR CRITICAL MILITARY SKILLS WITH RESPECT TO
CERTAIN MEMBERS.
(a) Authority.--Section 323(e) of title 37, United States Code, is
amended by adding at the end the following new paragraph:
``(4) The limitations in paragraph (1) may be waived by the
Secretary of Defense, or by the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as a service in the
Navy, with respect to a member who is assigned duties in a critical
skill designated by such Secretary for purposes of this paragraph
during the period of active duty for which the bonus is being
offered.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2007, and shall apply with respect to written
agreements that are executed, or reenlistments or extensions of
enlistment that occur, under section 323 of title 37, United States
Code, on or after that date.
SEC. 622. CODIFICATION AND IMPROVEMENT OF AUTHORITY TO PAY BONUS TO
ENCOURAGE MEMBERS OF THE ARMY TO REFER OTHER PERSONS FOR
ENLISTMENT IN THE ARMY.
(a) Codification and Improvement of Bonus Authority.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:
``Sec. 331. Bonus to encourage Army personnel to refer other 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
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
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 title 10 to serve as an administrator
or instructor in the Junior Reserve Officers' Training Corps
program or a retired member of the Army employed as an
administrator or instructor in the program under subsection (d)
of such section may not be paid a bonus under subsection (a).
``(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 title 10.
``(g) Coordination With Receipt of Retired Pay.--A bonus paid under
this section to a member of the Army in a retired status is in addition
to any compensation to which the member is entitled under title 10, 37,
or 38, or any other provision of law.
``(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 chapter 5 of such title is amended by adding at
the end the following new item:
``331. Bonus to encourage Army personnel to refer other persons for
enlistment in the Army.''.
(b) Repeal of Superseded Authority.--Section 645 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163), as
amended, is repealed.
(c) Payment of Bonuses Under Superseded Authority.--Any bonus
payable under section 645 of the National Defense Authorization Act for
Fiscal Year 2006, as amended, as of the day before the date of the
enactment of this Act shall remain payable after that date in
accordance with the provisions of such section as in effect on such
day.
SEC. 623. AUTHORITY TO PAY BONUS TO ENCOURAGE DEPARTMENT OF DEFENSE
PERSONNEL TO REFER OTHER PERSONS FOR APPOINTMENT AS
OFFICERS TO SERVE IN HEALTH PROFESSIONS.
(a) In General.--Chapter 5 of title 37, United States Code, as
amended by section 622 of this Act, is further amended by adding at the
end the following new section:
``Sec. 331a. Bonus to encourage Department of Defense personnel to
refer other persons for appointment as officers to serve
in health professions
``(a) Authority To Pay Bonus.--
``(1) Authority.--The appropriate Secretary may pay a bonus
under this section to an individual referred to in paragraph
(2) who refers to a military recruiter a person who has not
previously served and, after such referral, takes an oath of
enlistment that leads to appointment as a commissioned officer,
or accepts an appointment as a commissioned officer, in an
armed force in a health profession designated by the
appropriate Secretary for purposes of this section.
``(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 forced.
``(B) A member of the armed forces in a reserve
component of the armed forced.
``(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 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 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 title 10 to serve as an
administrator or instructor in the Junior Reserve Officers'
Training Corps program or a retired member of the armed forces
employed as an administrator or instructor in the program under
subsection (d) of such section may not be paid a bonus under
subsection (a).
``(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 title 10.
``(g) Coordination With Receipt of Retired Pay.--A bonus paid under
this section to a member of the armed forces in a retired status is in
addition to any compensation to which the member is entitled under
title 10, 37, or 38, or any other provision of law.
``(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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title, as so amended, is further amended by adding at
the end the following new item:
``331a. Bonus to encourage Department of Defense personnel to refer
other persons for appointment as officers
to serve in health professions.''.
SEC. 624. ACCESSION BONUS FOR PARTICIPANTS IN ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
(a) Accession Bonus Authorized.--Section 2127 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(f)(1) In order to increase participation in the program, the
Secretary of Defense may pay a person who signs an agreement under
section 2122 of this title an accession bonus of not more than $20,000.
``(2) An accession bonus paid a person under this subsection is in
addition to any other amounts payable to the person under this
subchapter.
``(3) In the case of an individual who is paid an accession bonus
under this subsection, but fails to commence or complete the obligated
service required of the person under this subchapter, the repayment
provisions of section 303a(e) of title 37 shall apply to the accession
bonus paid the person under this subsection.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2007, and shall apply with respect to
agreements signed under subchapter I of chapter 105 of title 10, United
States Code, on or after that date.
Subtitle C--Travel and Transportation Allowances
SEC. 641. PAYMENT OF EXPENSES OF TRAVEL TO THE UNITED STATES FOR
OBSTETRICAL PURPOSES OF DEPENDENTS LOCATED IN VERY REMOTE
LOCATIONS OUTSIDE THE UNITED STATES.
Section 1040 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsection
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) The Secretary of Defense may pay the travel expenses and
related expenses of a dependent of a member of the uniformed services
assigned to a very remote location outside the United States, as
determined by the Secretary, for travel for obstetrical purposes to a
location in the United States.''.
SEC. 642. 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 the moving
expenses of a Junior Reserve Officers' Training Corps instructor who
executes a written agreement to serve a minimum of two years of
employment at the institution in a position that is hard-to-fill for
geographic or economic reasons and as determined by the Secretary
concerned.
``(2) Any reimbursement of an instructor under paragraph (1) is in
addition to the minimum instructor pay otherwise payable to the
instructor.
``(3) The Secretary concerned shall reimburse an institution making
a reimbursement under paragraph (1) in an amount equal to the amount of
the reimbursement paid by the institution under that paragraph. Any
reimbursement under this paragraph shall be made from funds
appropriated for that purpose.
``(4) The payment of reimbursements under paragraphs (1) and (3)
shall be subject to regulations prescribed by the Secretary of Defense
for purposes of this subsection.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 651. MODIFICATION OF SCHEME FOR PAYMENT OF DEATH GRATUITY PAYABLE
WITH RESPECT TO MEMBERS OF THE ARMED FORCES.
(a) In General.--Subsection (a) of section 1477 of title 10, United
States Code, is amended by striking all that follows ``on the following
list:'' and inserting the following:
``(1) To any individual designated by the person in
writing.
``(2) If there is no person so designated, to the surviving
spouse of the person.
``(3) If there is none of the above, to the children (as
prescribed by subsection (b)) of the person and the descendants
of any deceased children by representation.
``(4) If there is none of the above, to the parents (as
prescribed by subsection (c)) of the person or the survivor of
them.
``(5) If there is none of the above, to the duly appointed
executor or administrator of the estate of the person.
``(6) If there is none of the above, to other next of kin
of the person entitled under the laws of domicile of the person
at the time of the person's death.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), by striking ``Subsection (a)(2)'' in
the matter preceding paragraph (1) and inserting ``Subsection
(a)(3)'';
(2) by striking (c) and inserting the following new
subsection (c):
``(c) For purposes of subsection (a)(4), parents include fathers
and mothers through adoption. However, only one father and one mother
may be recognized in any case, and preference shall be given to those
who exercised a parental relationship on the date, or most nearly
before the date, on which the decedent entered a status described in
section 1475 or 1476 of this title.''; and
(3) by striking subsection (d).
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(d) Applicability.--Notwithstanding subsection (c), the provisions
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 continue to
apply to each member of the Armed Forces covered by such section until
the earlier of the following--
(1) the date on which such member makes the designation
contemplated by paragraph (1) of section 1477(a) of such title
(as amended by subsection (a) of this section); or
(2) January 1, 2008.
(e) Regulations.--
(1) In general.--Not later than December 1, 2007, 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 paragraph (1) of section 1477(a) of title 10,
United States Code (as amended by subsection (a)), and
instructions for members of the Armed Forces in the filling out
of such forms.
SEC. 652. ANNUITIES FOR GUARDIANS OR CARETAKERS OF DEPENDENT CHILDREN
UNDER SURVIVOR BENEFIT PLAN.
(a) Election.--Section 1448(b) of title 10, United States Code, is
amended--
(1) in the subsection caption, by striking ``and Former
Spouse'' and inserting ``, Former Spouse, and Guardian or
Caretaker''; and
(2) by adding at the end the following new paragraph:
``(6) Guardian or caretaker coverage.--
``(A) General rule.--A person who is not married
and has one or more dependent children upon becoming
eligible to participate in the Plan may elect to
provide an annuity under the Plan to a natural person
(other than a natural person with an insurable interest
in the person under paragraph (1) or a former spouse)
who acts as a guardian or caretaker to such child or
children. In the case of a person providing a reserve-
component annuity, such an election shall include a
designation under subsection (e).
``(B) Termination of coverage.--Subparagraphs (B)
through (E) of paragraph (1) shall apply to an election
under subparagraph (A) of this paragraph in the same
manner as such subparagraphs apply to an election under
subparagraph (A) of paragraph (1).
``(C) Election of new beneficiary upon death of
previous beneficiary.--Subparagraph (G) of paragraph
(1) shall apply to an election under subparagraph (A)
of this paragraph in the same manner as such
subparagraph (G) applies to an election under
subparagraph (A) of paragraph (1), except that any new
beneficiary elected under such subparagraph (G) by
reason of this subparagraph shall be a guardian or
caretaker of the dependent child or children of the
person making such election.''.
(b) Payment of Annuity.--Section 1450 of such title is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(5) Guardian or caretaker coverage.--The natural person
designated under section 1448(b)(6) of this title, unless the
election to provide an annuity to the natural person has been
changed as provided in subsection (f).''; and
(2) in the subsection caption of subsection (f), by
striking ``or Former Spouse'' and inserting ``, Former Spouse,
or Guardian or Caretaker''.
(c) Amount of Annuity.--Section 1451(b) of such title is amended--
(1) in the subsection caption, by inserting ``or Guardian
or Caretaker'' after ``Insurable Interest''; and
(2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)''
each place it appears in paragraphs (1) and (2).
(d) Reduction in Retired Pay.--Section 1452(c) of such title is
amended--
(1) in the subsection caption, by inserting ``or Guardian
or Caretaker'' after ``Insurable Interest''; and
(2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)''
each place it appears in paragraphs (1) and (3).
SEC. 653. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY
FOR CHAPTER 61 MILITARY RETIREES.
(a) Eligibility.--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 designating the text of that paragraph as
subparagraph (A), realigning that text so as to be indented 4
ems from the left margin, and inserting before ``In the case
of'' the following heading: ``In general.--''; 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. 654. CLARIFICATION OF APPLICATION OF RETIRED PAY MULTIPLIER
PERCENTAGE TO MEMBERS OF THE UNIFORMED SERVICES WITH OVER
30 YEARS OF SERVICE.
(a) Computation of Retired and Retainer Pay for Members of Naval
Service.--The table in 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 him 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 on January 1, 2007, and shall apply with respect to
retired pay and retainer pay payable on or after that date.
SEC. 655. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY
MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR
ACTIVE DUTY FOR SIGNIFICANT PERIODS.
(a) Reduced Eligibility Age.--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 this subsection,
the eligibility age for purposes of subsection (a)(1) shall be reduced
below 60 years of age by three months for each aggregate of 90 days on
which such person so performs in any fiscal year after such date,
subject to subparagraph (C). A day of duty may be included in only one
aggregate of 90 days for purposes of this subparagraph.
``(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.
Subtitle E--Education Benefits
SEC. 671. TUITION ASSISTANCE FOR OFF-DUTY TRAINING OR EDUCATION.
(a) Clarification of Applicability of Current Authority to
Commissioned Officers on Active Duty.--Subsection (b) of section 2007
of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``(other than a member of the
Ready Reserve)'' after ``active duty'' the first place
it appears; and
(B) by striking ``or full-time National Guard
duty'' both places it appears; and
(2) in paragraph (2)(B), by inserting ``for which ordered
to active duty'' after ``active duty service''.
(b) Authority To Pay Tuition Assistance to Members of the Ready
Reserve.--
(1) In general.--Subsection (c) of such section is amended
to read as follows:
``(c)(1) Subject to paragraphs (3)(A) and (4), the Secretary of a
military department may pay the charges of an educational institution
for the tuition or expenses described in subsection (a) of a member of
the Selected Reserve.
``(2) Subject to paragraphs (3)(B) and (4), the Secretary of a
military department may pay the charges of an educational institution
for the tuition or expenses described in subsection (a) of a member of
the Individual Ready Reserve who has a military occupational specialty
designated by the Secretary for purposes of this subsection.
``(3)(A) The Secretary of a military department may not pay charges
under paragraph (1) for tuition or expenses of an officer of the
Selected Reserve unless the officer agrees to remain a member of the
Selected Reserve for at least four years after completion of the
education or training for which the charges are paid.
``(B) The Secretary of a military department may not pay charges
under paragraph (2) for tuition or expenses of an officer of the
Individual Ready Reserve unless the officer agrees to remain in the
Selected Reserve or Individual Ready Reserve for at least four years
after completion of the education or training for which the charges are
paid.
``(4) The Secretary of a military department may require enlisted
members of the Selected Reserve or Individual Ready Reserve to agree to
serve for up to four years in the Selected Reserve or Individual Ready
Reserve, as the case may be, after completion of education or training
for which tuition or expenses are paid under paragraph (1) or (2), as
applicable.''.
(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.''.
(c) 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 and the Secretary of Homeland
Security for the Coast Guard when it is not operating as a service in
the Navy.''.
SEC. 672. EXPANSION OF SELECTED RESERVE EDUCATION LOAN REPAYMENT
PROGRAM.
(a) Additional Loans Eligible for Repayment.--Paragraph (1) of
subsection (a) of section 16301 of title 10, United States Code, is
amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end 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 such State, and approved by the
Secretary for purposes of this section.''.
(b) Eligibility of Officers.--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 officer program or military specialty''; and
(2) by striking paragraph (3).
(c) Conforming Amendment.--The heading of such section is amended
to read as follows:
``Sec. 16301. Education loan repayment program: members of the Selected
Reserve''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 1609 of such title is amended by striking the item relating to
section 16301 and inserting the following new item:
``16301. Education loan repayment program: members of the Selected
Reserve.''.
Subtitle F--Other Matters
SEC. 681. ENHANCEMENT OF AUTHORITIES ON INCOME REPLACEMENT PAYMENTS FOR
RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION
FOR ACTIVE-DUTY SERVICE.
(a) Clarification of General Authority.--Subsection (a) of section
910 of title 37, United States Code, is amended by inserting ``, when
the total monthly military compensation of the member is less than the
average monthly civilian income'' after ``by the Secretary''.
(b) Eligibility.--Subsection (b) of such section is amended to read
as follows:
``(b) Eligibility.--Subject to subsection (c), a reserve component
member is entitled to a payment under this section for any full month
of active duty of the member--
``(1) while on active duty under an involuntary
mobilization order, following the date on which the member--
``(A) completes 18 continuous months of service on
active duty under such an order;
``(B) completes 730 cumulative days of service on
active duty under such an 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 following the member's separation from a previous
period of involuntary active duty for period of 180
days or more; or
``(2) while retained on active duty under subparagraph (A)
or (B) of section 12301(h)(1) of title 10 because of an injury
or illness incurred or aggravated while deployed to an area
designated for special pay under section 310 of this title
after becoming entitled to income replacement pay under
paragraph (1).''.
(c) Termination.--Subsection (g) of such section is amended to read
as follows:
``(g) Termination of Authority.--Payment under this section shall
only be made for service performed on or before December 31, 2008.''.
SEC. 682. OVERSEAS NATURALIZATION OF MILITARY FAMILY MEMBERS.
(a) In General.--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) Any person who is lawfully admitted for permanent residence,
is the spouse or child of a member of the Armed Forces, and is
authorized to accompany such member and reside in a foreign country
with the member pursuant to the member's official orders, and who is so
accompanying and residing with the member (in marital union if a
spouse), may be naturalized upon compliance with all the requirements
of this title except that the person's residence and physical presence
in such foreign country shall be treated as residence and physical
presence in the United States or any State for the purpose of
satisfying the requirements of section 316 or 322 for naturalization
and for the purpose of satisfying the requirements of section
101(a)(13)(C)(i) or (ii).''.
(b) Overseas Naturalization Authority.--Section 1701(d) of the
National Defense Authorization Act for Fiscal Year 2004 (8 U.S.C.
1443a) is amended by inserting ``, and persons eligible to meet the
residence or physical presence requirements for naturalization pursuant
to subsection (e) of section 319 of the Immigration and Nationality Act
(8 U.S.C. 1430),'' after ``Armed Forces''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and apply to any
application of naturalization pending before the Secretary of Homeland
Security on or after the date of enactment.
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. 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 October
1, 2007, the TRICARE retail pharmacy program shall be treated as an
element of the Department of Defense for purposes of the procurement of
drugs by Federal agencies under section 8126 of title 38 to the extent
necessary to ensure that pharmaceuticals paid for by the Department of
Defense that are provided by pharmacies under the program to eligible
covered beneficiaries under this section are subject to the pricing
standards in such section 8126.''.
(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. 702. 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 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; and
(B) give a high priority to surveying health care
and mental health care providers in such areas.
(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) Supervision.--
(1) Supervising official.--The Secretary shall designate a
senior official of the Department of Defense to take the
actions necessary for achieving and maintaining participation
of health care and mental health care providers in TRICARE
Standard and TRICARE Extra throughout TRICARE in a number that
is adequate to ensure the viability of TRICARE Standard for
TRICARE beneficiaries.
(2) Duties.--The official designated under paragraph (1)
shall have the following duties:
(A) To make recommendations to the Secretary for
purposes of subsection (a)(2) on appropriate benchmarks
for measuring the adequacy of health care and mental
health care providers in TRICARE Prime service areas
and geographic areas in the United States in which
TRICARE Prime is not offered.
(B) To educate health care and mental health care
providers about TRICARE Standard and TRICARE Extra.
(C) To encourage health care and mental health care
providers to accept patients under TRICARE Standard and
TRICARE Extra.
(D) To ensure that TRICARE beneficiaries have the
information necessary to locate TRICARE Standard and
TRICARE Extra providers readily.
(E) To recommend adjustments in TRICARE Standard
provider payment rates that the official considers
necessary to ensure adequate availability of TRICARE
Standard providers for TRICARE Standard beneficiaries.
(c) 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.
(d) Effective Date.--This section shall take effect on October 1,
2007.
(e) 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.
(f) 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 are 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 ``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.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
SEC. 801. SUBSTANTIAL SAVINGS UNDER MULTIYEAR CONTRACTS.
(a) Definition in Regulations of Substantial Savings Under
Multiyear Contracts.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
modify the regulations prescribed pursuant to subsection
(b)(2)(A) of section 2306b of title 10, United States Code, to
define the term ``substantial savings'' for purposes of
subsection (a)(1) of such section. Such regulations shall
specify that--
(A) savings that exceed 10 percent of the total
anticipated costs of carrying out a program through
annual contracts shall be considered to be substantial;
(B) savings that exceed 5 percent of the total
anticipated costs of carrying out a program through
annual contracts, but do not exceed 10 percent of such
costs, shall not be considered to be substantial unless
the Secretary determines in writing that an
exceptionally strong case has been made with regard to
the findings required by paragraphs (2) through (6) of
section 2306b(a) of such title; and
(C) savings that do not exceed 5 percent of the
total anticipated costs of carrying out a program
through annual contracts shall not be considered to be
substantial.
(2) Effective date.--The modification required by paragraph
(1) shall apply with regard to any multiyear contract that is
authorized after the date that is 60 days after the date of the
enactment of this Act.
(b) Report on Basis for Determination.--Section 2306b(i)(3) of
title 10, United States Code, is amended by inserting before the period
at the end the following: ``after the head of the agency concerned
submits to the congressional defense committees a report on the
specific facts supporting the determination of the head of that agency
under subsection (a)''.
(c) Reports on Savings Achieved.--
(1) Reports required.--Not later than January 15 of 2008,
2009, and 2010, the Secretary shall submit to the congressional
defense committees a report on the savings achieved through the
use of multiyear contracts that were entered under the
authority of section 2306b of title 10, United States Code, and
the performance of which was completed in the preceding fiscal
year.
(2) Elements.--Each report under paragraph (1) shall
specify, for each multiyear contract covered by such report--
(A) the savings that the Department of Defense
estimated it would achieve through the use of the
multiyear contract at the time such contract was
awarded; and
(B) the best estimate of the Department on the
savings actually achieved under such contract.
SEC. 802. CHANGES TO MILESTONE B CERTIFICATIONS.
Section 2366a of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``, after receiving a
business case analysis,'' after ``the milestone decision
authority'' in the matter preceding paragraph (1);
(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 are--
``(A) inconsistent with such certification; or
``(B) 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 action is in the best interest of the national
security of the United States.'';
(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) Any information provided to the milestone decision authority
pursuant to subsection (b) shall be summarized in the first Selected
Acquisition Report submitted under section 2432 of this title after
such information is received by the milestone decision authority.'';
and
(5) in subsection (e), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (d)''.
SEC. 803. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
ORGANIZATION AND STRUCTURE FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report on
potential modifications of the organization and structure of the
Department of Defense for major defense acquisition programs.
(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) Establishing system commands within each military
department, each of which commands would be headed by a 4-star
general or flag officer, to whom the program managers and
program executive officers for major defense acquisition
programs would report.
(2) Revising the acquisition process for major defense
acquisition programs by establishing shorter, more frequent
acquisition program milestones.
(3) Requiring certifications of program status to the
defense acquisition executive and Congress prior to milestone
approval for major defense acquisition programs.
(4) Establishing a new office (to be known as the ``Office
of Independent Assessment'') to provide independent cost
estimates and performance estimates for major defense
acquisition programs.
(5) Establishing a milestone system for major defense
acquisition programs utilizing the following milestones (or
such other milestones as the Comptroller General considers
appropriate for purposes of the review):
(A) Milestone 0.--The time for the development and
approval of a mission need statement for a major
defense acquisition program.
(B) Milestone 1.--The time for the development and
approval of a capability need definition for a major
defense acquisition program, including development and
approval of a certification statement on the
characteristics required for the system under the
program and a determination of the priorities among
such characteristics.
(C) Milestone 2.--The time for technology
development and assessment for a major defense
acquisition program, including development and approval
of a certification statement on technology maturity of
elements under the program.
(D) Milestone 3.--The time for system development
and demonstration for a major defense acquisition
program, including development and approval of a
certification statement on design proof of concept.
(E) Milestone 4.--The time for final design,
production prototyping, and testing of a major defense
acquisition program, including development and approval
of a certification statement on cost, performance, and
schedule in advance of initiation of low-rate
production of the system under the program.
(F) Milestone 5.--The time for limited production
and field testing of the system under a major defense
acquisition program.
(G) Milestone 6.--The time for initiation of full-
rate production of the system under a major defense
acquisition program.
(6) Requiring the Milestone Decision Authority for a major
defense acquisition program to specify, at the time of
Milestone B approval, or Key Decision Point B approval, as
applicable, the period of time that will be required to deliver
an initial operational capability to the relevant combatant
commanders.
(7) Establishing a materiel solutions process for
addressing identified gaps in critical warfighting
capabilities, under which process the Under Secretary of
Defense for Acquisition, Technology, and Logistics circulates
among the military departments and appropriate Defense Agencies
a request for proposals for technologies and systems to address
such gaps.
(8) Modifying the role played by chiefs of staff of the
Armed Forces in the requirements, resource allocation, and
acquisition processes.
(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) Individuals who formerly served as senior acquisition
officials in the Department of Defense.
(3) Participants in previous reviews of the organization
and structure of the Department of Defense for the acquisition
of major weapon systems, including the President's Blue Ribbon
Commission on Defense Management in 1986.
(4) Other experts on the acquisition of major weapon
systems.
(5) Appropriate experts in the Government Accountability
Office.
SEC. 804. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the strategies of the
Department of Defense for the allocation of funds and other resources
under major defense acquisition programs.
(b) Elements.--The report required by subsection (a) shall address,
at a minimum, Department of Defense organizations, procedures, and
approaches for the following purposes:
(1) To establish priorities among needed capabilities under
major defense acquisition programs, and to assess the resources
(including funds, technologies, time, and personnel) needed to
achieve such capabilities.
(2) To balance cost, schedule, and requirements for major
defense acquisition programs to ensure the most efficient use
of Department of Defense resources.
(3) To ensure 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) Recommendations.--The report required by subsection (a) shall
include any recommendations, including recommendations for legislative
action, that the Secretary considers appropriate to improve the
organizations, procedures, and approaches described in the report.
SEC. 805. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS ON TOTAL
OWNERSHIP COST FOR MAJOR WEAPON SYSTEMS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the extent of the
implementation of the recommendations set forth in the February 2003
report of the Government Accountability Office entitled ``Setting
Requirements Differently Could Reduce Weapon Systems' Total Ownership
Costs''.
(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 B--Amendments Relating to General Contracting Authorities,
Procedures, and Limitations
SEC. 821. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND DELIVERY ORDER
CONTRACTS.
(a) Limitation on Single Award Contracts.--Section 2304a(d) of
title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) No task or delivery order contract in an amount estimated to
exceed $100,000,000 (including all options) may be awarded to a single
contractor unless the head of the agency determines in writing that--
``(A) because of the size, scope, or method of performance
of the requirement, it would not be practical to award multiple
task or delivery order contracts;
``(B) the task or delivery orders expected under the
contract are so integrally related that only a single
contractor can reasonably perform the work;
``(C) 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; or
``(D) only one contractor is qualified and capable of
performing the work at a reasonable price to the government.''.
(b) Enhanced Competition for Orders in Excess of $5,000,000.--
Section 2304c of such title is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(2) 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
(3) 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 $5,000,000.
``(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).''.
(c) Effective Dates.--
(1) Single award contracts.--The amendments made by
subsection (a) shall take effect on the date that is 60 days
after the date of the enactment of this Act, and shall apply
with respect to any contract awarded on or after such date.
(2) Orders in excess of $5,000,000.--The amendments made by
subsection (b) shall take effect on the date that is 60 days
after the date of the enactment of this Act, and shall apply
with respect to any task or delivery order awarded on or after
such date.
SEC. 822. 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) 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 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);
``(2) the Secretary of Defense determines 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 treatment of the subsystem as a
commercial item is necessary to meet national security
objectives; or
``(3) the contractor demonstrates that it has sold, leased,
or licensed the subsystem or an item that is the same as the
subsystem, but for modifications described in subparagraphs (B)
and (C) of section 4(12) of the Office of Federal Procurement
Policy Act, in significant quantities to the general public.'';
(B) by redesignating subsections (c) and (d) as
subsections (e) and (f), respectively; and
(C) by inserting after subsection (b) the following
new subsections (c) and (d):
``(c) Treatment of Components and Spare Parts as Commercial
Items.--A component or spare part for a major weapon system may be
treated as a commercial item, and purchased under procedures
established for the procurement of commercial items, only if--
``(1) the component or spare part is intended for--
``(A) a major weapon system that is being
purchased, or has been purchased, under procedures
established for the procurement of commercial items in
accordance with the requirements of subsection (a); or
``(B) a subsystem of a major weapon system that is
being purchased, or has been purchased, under
procedures established for the procurement of
commercial items in accordance with the requirements of
subsection (b); or
``(2) the contractor demonstrates that it has sold, leased,
or licensed the component or spare part, or an item that is the
same as the component or spare part, but for modifications
described in subparagraphs (B) and (C) of section 4(12) of the
Office of Federal Procurement Policy Act, in significant
quantities to the general public.
``(d) Price Information.--In the case of any major weapon system,
subsystem, component, or spare part purchased under procedures
established for the procurement of commercial items under the authority
of this section, the contractor shall provide data other than certified
cost or pricing data, including information on prices at which the same
item or similar items have previously been sold to the general public,
that is adequate for evaluating, through price analysis, the
reasonableness of the price of the contract, subcontract, or
modification of the contract or subcontract pursuant to which such
major weapon system, subsystem, component or spare part, as the case
may be, will be purchased.''.
(2) Conforming amendment to technical data provision.--
Section 2321(f)(2) of such title is amended by striking
``(whether or not under a contract for commercial items)'' and
inserting ``(other than technical data for a subsystem,
component, or spare part that is determined to be a commercial
item in accordance with the requirements of section 2379 of
this title)''.
(b) Sales of Commercial Items to Nongovernmental Entities.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall modify the regulations of the Department of
Defense on the procurement of commercial items in order to clarify that
the terms ``general public'' and ``nongovernmental entities'' in such
regulations do not include the following:
(1) The Federal Government or a State, local, or foreign
government.
(2) A contractor or subcontractor acting on behalf of the
Federal Government or a State, local, or foreign government.
(c) 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. 823. CLARIFICATION OF RULES REGARDING THE PROCUREMENT OF
COMMERCIAL SERVICES.
Notwithstanding section 8002(d) of the Federal Acquisition
Streamlining Act of 1994 (41 U.S.C. 264 note), the Secretary of Defense
shall modify the regulations of the Department of Defense on
procurements for or on behalf of the Department of Defense in order to
prohibit the use of time and materials contracts or labor-hour
contracts to purchase as commercial items any category of commercial
services other than the following:
(1) Commercial services procured for support of a
commercial item, as described in section 4(12)(E) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(12)(E)).
(2) Emergency repair services.
SEC. 824. 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. 825. FIVE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
Section 845(i) of the National Defense Authorization Act for Fiscal
Year 1994 (10 U.S.C. 2371 note) is amended by striking ``September 30,
2008'' and inserting ``September 30, 2013''.
SEC. 826. MULTIYEAR PROCUREMENT AUTHORITY FOR ELECTRICITY FROM
RENEWABLE ENERGY SOURCES.
(a) Multiyear Procurement Authorized.--Chapter 141 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2410q. Multiyear procurement authority: purchase of electricity
from renewable energy sources
``(a) Multiyear Contracts Authorized.--Subject to subsection (b),
the Secretary of Defense may enter into contracts for a period not to
exceed 10 years for the purchase of electricity from sources of
renewable energy, as that term is defined in section 203(b)(2) of the
Energy Policy Act of 2005 (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 a contract for a period in excess of five years only if the
Secretary determines, on the basis of a business case prepared by the
Department of Defense that--
``(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.''.
(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 procurement authority: purchase of electricity from
renewable energy sources.''.
Subtitle C--Acquisition Policy and Management
SEC. 841. JOINT REQUIREMENTS OVERSIGHT COUNCIL.
(a) Advisors.--Section 181 of title 10, 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) Advisors.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Under Secretary of Defense
(Comptroller) shall serve as advisors to the Council on matters within
their authority and expertise.''.
(b) Consultation.--Section 2433(e)(2) of such title is amended by
inserting ``, after consultation with the Joint Requirements Oversight
Council regarding program requirements,'' after ``Secretary of
Defense'' in the matter preceding subparagraph (A).
SEC. 842. MANAGEMENT STRUCTURE FOR THE PROCUREMENT OF CONTRACT
SERVICES.
(a) Authority To Establish Contract Support Acquisition Centers.--
Subsection (b) of section 2330 of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(4) Each senior official responsible for the management of
acquisition of contract services is authorized to establish a center
(to be known as a `Contract Support Acquisition Center') to act as
executive agent for the acquisition of contract services. Any center so
established shall be subject to the provisions of subsection (c).''.
(b) Direction, Staff, and Support.--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) Direction, Staff, and Support of Contract Support Acquisition
Centers.--(1) The Contract Support Acquisition Center established by a
senior official responsible for the management of acquisition of
contract services under subsection (b)(4) shall be subject to the
direction, supervision, and oversight of such senior official.
``(2) The Secretary of Defense or the Secretary of the military
department concerned may transfer to a Contract Support Acquisition
Center any personnel under the authority of such Secretary whose
principal duty is the acquisition of contract services.
``(3)(A) Except as provided in subparagraph (E), the Secretary of
Defense may accept from the head of a department or agency outside the
Department of Defense a transfer to any Contract Support Acquisition
Center under subsection (b)(4) of all or part of any organizational
unit of such other department or agency that is primarily engaged in
the acquisition of contract services if, during the most recent year
for which data is available before such transfer, more than 50 percent
of the contract services acquired by such organizational unit (as
determined on the basis of cost) were acquired on behalf of the
Department of Defense.
``(B) The head of a department or agency outside the Department of
Defense may transfer in accordance with this paragraph an
organizational unit that is authorized to be accepted under
subparagraph (A).
``(C) A transfer under this paragraph may be made and accepted only
pursuant to a memorandum of understanding entered into by the head of
the department or agency making the transfer and the Secretary of
Defense.
``(D) A transfer of an organizational unit under this paragraph
shall include the transfer of the personnel of such organizational
unit, the assets of such organizational unit, and the contracts of such
organizational unit, to the extent provided in the memorandum of
understanding governing the transfer of the unit.
``(E) This paragraph does not authorize a transfer of the multiple
award schedule program of the General Services Administration as
described in section 2302(2)(C) of this title.''.
SEC. 843. SPECIFICATION OF AMOUNTS REQUESTED FOR PROCUREMENT OF
CONTRACT SERVICES.
(a) Specification of Amounts Requested.--The budget justification
materials submitted to Congress in support of the budget of the
Department of Defense for any fiscal year after fiscal year 2008 shall
identify clearly and separately the amounts requested in each budget
account for the procurement of contract services.
(b) 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. 844. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND.
(a) Purpose.--The purpose of this section is to ensure that the
Department of Defense acquisition workforce has the capacity, in both
personnel and skills, needed to properly perform its mission, provide
appropriate oversight of contractor performance, and ensure that the
Department receives the best value for the expenditure of public
resources.
(b) Department of Defense Acquisition Workforce Development Fund.--
(1) Establishment.--The Secretary of Defense shall
establish a fund to be known as the ``Department of Defense
Acquisition Workforce Fund'' (in this section referred to as
the ``Fund'') to provide funds for the recruitment, training,
and retention of acquisition personnel of the Department of
Defense for the purpose of this section.
(2) Management.--The Fund shall be managed by a senior
official of the Department of Defense designated by the
Secretary for that purpose.
(c) 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 first
fiscal year quarter of fiscal year 2008, and 30 days after the
end of each fiscal year quarter thereafter, the head of each
military department and Defense Agency shall remit to the
Secretary of Defense an amount equal to the applicable
percentage for such fiscal year of the amount expended by such
military department or Defense Agency, as the case may be,
during such fiscal year quarter for services covered by
subparagraph (A). Any amount so remitted shall be credited to
the Fund under subparagraph (A).
(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) 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 this section,
including for the provision of training and retention
incentives to the acquisition workforce of the Department as of
the date of the enactment of this Act.
(2) Limitation on payments to or for contractors.--Amounts
in the Fund shall not be available for payments to contractors
or contractor employees, other than for the purpose of
providing training to Department of Defense employees.
(3) Prohibition on payment of base salary of current
employees.--Amounts in the Fund may not be used to pay the base
salary of any person who is an employee of the Department as of
the date of the enactment of this Act.
(4) Duration of availability.--Amounts credited to the Fund
under subsection (c)(2) shall remain available for expenditure
in the fiscal year for which credited and the two succeeding
fiscal years.
(e) Annual Report.--Not later than 60 days after the end of each
fiscal year beginning with fiscal year 2008, the Secretary of Defense
shall submit to the congressional defense committees a report on the
operation of the Fund during such fiscal year. Each report shall
include, for the fiscal year covered by such report, the following:
(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) A statement of the balance remaining in the Fund at the
end of such fiscal year.
(f) Defense Agency Defined.--In this section, the term ``Defense
Agency'' has the meaning given that term in section 101(a) of title 10,
United States Code.
(g) Expedited Hiring Authority.--
(1) In general.--For purposes of sections 3304, 5333, and
5753 of title 5, United States Code, the Secretary of Defense
may--
(A) designate any category of acquisition positions
within the Department of Defense as shortage category
positions; and
(B) utilize the authorities in such sections to
recruit and appoint highly qualified persons directly
to positions so designated.
(2) Sunset.--The Secretary may not appoint a person to a
position of employment under this subsection after September
30, 2012.
SEC. 845. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES BASED ON
COST OR TIME OF PERFORMANCE.
(a) Preparation of Lists of Activities Under Contracts for
Services.--
(1) Preparation of lists.--Not later than the end of the
third quarter of each fiscal year beginning with fiscal year
2008, the Secretary of each military department and the head of
each Defense Agency shall submit to the Secretary of Defense a
list of the activities performed during the preceding fiscal
year pursuant to contracts for services for or on behalf of
such military department or Defense Agency, as the case may be,
under which the contractor is paid on the basis of the cost or
time of performance, rather than specific tasks performed or
results achieved.
(2) List elements.--The entry for an activity on a list
under paragraph (1) shall include, for the fiscal year covered
by such entry, the following:
(A) The fiscal year for which the activity first
appeared on a list under this section.
(B) The number of full-time contractor employees
(or its equivalent) paid for the performance of the
activity.
(C) A determination whether the contract pursuant
to which the activity is performed is a personal
services contract.
(D) The name of the Federal official responsible
for the management of the contract pursuant to which
the activity is performed.
(E) With respect to a list for a fiscal year after
fiscal year 2008, information on plans and written
determinations made pursuant to subsection (c)(2).
(b) Public Availability of Lists.--Not later than 30 days after the
date on which lists are required to be submitted to the Secretary of
Defense under subsection (a), the Secretary shall--
(1) transmit to the congressional defense committees a copy
of the lists so submitted to the Secretary;
(2) make such lists available to the public; and
(3) publish in the Federal Register a notice that such
lists are available to the public.
(c) Review and Planning Requirements.--
(1) Review of lists.--Within a reasonable time after the
date on which a notice of the public availability of a list is
published under subsection (b)(3), the Secretary of the
military department or head of the Defense Agency concerned
shall--
(A) review the contracts and activities included on
the list;
(B) ensure that--
(i) each contract on the list that is a
personal services contract has been entered
into, and is being performed, in accordance
with applicable statutory and regulatory
requirements;
(ii) the activities on the list do not
include any inherently governmental functions;
and
(iii) to the maximum extent practicable,
the activities on the list do not include any
functions closely associated with inherently
governmental functions; and
(C) for each activity on the list, either--
(i) develop a plan to convert the activity
to performance by Federal employees, convert
the contract to a performance-based contract,
or terminate the activity; or
(ii) make a written determination that it
is not practicable for the military department
or Defense Agency, as the case may be, to take
any of the actions otherwise required under
clause (i).
(2) Elements of determination.--A written determination
pursuant to subparagraph (B)(ii) shall be accompanied by--
(A) a statement of the basis for the determination;
and
(B) a description of the resources that will be
made available to ensure adequate planning, management,
and oversight for each contract covered by the
determination.
(d) Challenges to Lists.--
(1) In general.--An interested party may submit to the
Secretary of the military department or head of the Defense
Agency concerned a challenge to the omission of a particular
activity from, or the inclusion of a particular activity on, a
list made available to the public under subsection (b).
(2) Interested party defined.--In this subsection, the term
``interested party'', with respect to an activity referred to
in subsection (a), means--
(A) the contractor performing the activity;
(B) an officer or employee of an organization
within the military department or Defense Agency
concerned that is responsible for the performance of
the activity; or
(C) the head of any labor organization referred to
in section 7103(a)(4) of title 5, United States Code,
that includes within its membership officers or
employees or an organization described in subparagraph
(B).
(3) Deadline for challenge.--A challenge to a list shall be
submitted under paragraph (1) not later than 30 days after the
date of the publication of the notice of public availability of
the list under subsection (b)(3).
(4) Resolution of challenge.--Not later than 30 days of the
receipt by the Secretary of a military department or head of a
Defense Agency of a challenge to a list under this subsection,
an official designated by the Secretary of the military
department or the head of the Defense Agency, as the case may
be, shall--
(A) determine whether or not the challenge is
valid; and
(B) submit to the interested party concerned a
written notification of the determination, together
with a discussion of the rationale for the
determination.
(5) Action following determination of valid challenge.--If
the Secretary of a military department or head of a Defense
Agency determines under paragraph (4)(A) that a challenge under
this subsection to a list under this section is valid, such
official shall--
(A) notify the Secretary of Defense of the
determination; and
(B) adjust the next list submitted by such official
under subsection (a) after the date of the
determination to reflect the resolution of the
challenge.
(e) Rules of Construction.--
(1) No authorization of performance of personal services.--
Nothing in this section shall be construed to authorize the
performance of personal services by a contractor except where
expressly authorized by a provision of statute other than this
section.
(2) No public-private competition for conversion of
performance of certain functions.--No public-private
competition may be required under this section, Office of
Management and Budget Circular A-76, or any other provision of
law or regulation before a function closely associated with
inherently governmental functions is converted to performance
by Federal employees.
(f) Definitions.--In this section:
(1) The term ``Defense Agency'' has the meaning given that
term in section 101(a) of title 10, United States Code.
(2) The term ``function closely associated with inherently
governmental functions'' has the meaning given that term in
section 2383(b)(3) of title 10, United States Code.
(3) The term ``inherently governmental functions'' has the
meaning given that term in section 2383(b)(2) of title 10,
United States Code.
(4) The term ``personal services contract'' means a
contract under which, as a result of its terms or conditions or
the manner of its administration during performance, contractor
personnel are subject to the relatively continuous supervision
and control of one or more Government officers or employees,
except that the giving of an order for a specific article or
service, with the right to reject the finished product or
result, is not the type of supervision or control that makes a
contract a personal services contract.
SEC. 846. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES.
(a) Limitation on Procurements on Behalf of Department of
Defense.--Except as provided in subsection (b), no official of the
Department of Defense may place an order, make a purchase, or otherwise
procure property or services for the Department of Defense in an amount
in excess of $100,000 through a non-defense agency in any fiscal year
if--
(1) the head of the non-defense agency has not certified
that the non-defense agency will comply with defense
procurement requirements during that fiscal year;
(2) in the case of a covered non-defense agency that has
been determined under this section to be not compliant with
defense procurement requirements, such determination has not
been terminated in accordance with subsection (c); or
(3) in the case of a covered non-defense agency for which a
memorandum of understanding is required by subsection (e)(4),
the Inspector General of the Department of Defense and the
Inspector General of the non-defense agency have not yet
entered into such a memorandum of understanding.
(b) Exception for Procurements of Necessary Property and
Services.--
(1) In general.--The limitation in subsection (a) shall not
apply to the procurement of property and services on behalf of
the Department of Defense by a non-defense agency during any
fiscal year for which there is in effect a written
determination of the Under Secretary of Defense for
Acquisition, Technology, and Logistics that it is necessary in
the interest of the Department of Defense to procure property
and services through the non-defense agency during such fiscal
year.
(2) Scope of particular exception.--A written determination
with respect to a non-defense agency under paragraph (1) shall
apply to any category of procurements through the non-defense
agency that is specified in the determination.
(c) Termination of Applicability of Certain Limitation.--In the
event the limitation under subsection (a)(2) applies to a covered non-
defense agency, the limitation shall cease to apply to the non-defense
agency on the date on which the Inspector General of the Department of
Defense and the Inspector General of the non-defense agency jointly--
(1) determine that the non-defense agency is compliant with
defense procurement requirements; and
(2) notify the Secretary of Defense of that determination.
(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) 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 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 non-defense
agency that are applicable to the procurement
of property and services on behalf of the
Department by such non-defense agency; and
(ii) the administration of such policies,
procedures, and internal controls; and
(B) determine in writing whether such 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 governmentwide
acquisition contracts, of the non-defense agency. If such
separate reviews are conducted, the Inspectors General shall
make a separate determination under paragraph (1)(B) with
respect to each such separate review.
(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.
(f) Treatment of Procurements for Fiscal Year Purposes.--For the
purposes of this section, a procurement shall be treated as being made
during a particular fiscal year to the extent that funds are obligated
by the Department of Defense for the procurement in that fiscal year.
(g) Resolution of Disagreements.--If the Inspector General of the
Department of Defense and the Inspector General of a covered non-
defense agency are unable to agree on a joint determination under
subsection (c) or (e), a determination by the Inspector General of the
Department of Defense under such subsection shall be conclusive for the
purposes of this section.
(h) Definitions.--In this section:
(1) 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.
(2) The term ``governmentwide acquisition contract'', with
respect to a covered non-defense agency, means a task or
delivery order contract that--
(A) is entered into by the 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.
Subtitle D--Department of Defense Contractor Matters
SEC. 861. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL FOR
DISCLOSURE OF CERTAIN INFORMATION.
(a) Increased Protection From Reprisal.--Subsection (a) of section
2409 of title 10, United States Code, is amended--
(1) by striking ``disclosing to a Member of Congress or an
authorized official of an agency or the Department of Justice''
and inserting ``disclosing to a Member of Congress, a
representative of a committee of Congress, an Inspector
General, the Government Accountability Office, a Department of
Defense employee responsible for contract oversight or
management, or an authorized official of an agency or the
Department of Justice, including in the case of a disclosure
made in the ordinary course of an employee's duties,''; and
(2) by striking ``information relating to a substantial
violation of law related to a contract'' and inserting
``information that the employee reasonably believes is evidence
of gross mismanagement of a Department of Defense contract, a
gross waste of Department of Defense funds, a substantial and
specific danger to public health or safety, or a violation of
law related to a Department of Defense contract''.
(b) Acceleration of Schedule for Denying Relief or Providing
Remedy.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) by inserting after ``(1)'' the following: ``Not
later than 90 days after receiving an Inspector General
report pursuant to subsection (b), the head of the
agency concerned shall determine whether the contractor
concerned has subjected the complainant to a reprisal
prohibited under subsection (a).''; and
(B) by adding at the end the following new
subparagraphs:
``(D) In the event the disclosure relates to a cost-plus
contract, prohibit the contractor from receiving one or more
award fee payments to which the contractor would otherwise be
eligible until such time as the contractor takes the actions
ordered by the head of the agency pursuant to subparagraphs (A)
through (C).
``(E) Take the reprisal into consideration in any past
performance evaluation of the contractor for the purpose of a
contract award.'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) In the case of a disclosure that relates to a contract
covered under subsection (f), not later than 90 days after receipt of a
written determination under paragraph (1), a complainant who is
aggrieved by the determination or by an action that the agency head has
taken or failed to take pursuant to such determination may bring an
action at law or equity for de novo review to seek compensatory damages
and other relief available under this section in the appropriate
district court of the United States, which shall have jurisdiction over
such an action without regard to the amount in controversy. Such an
action shall, at the request of either party to the action, be tried by
the court with a jury.
``(B) In the event that a determination by an agency head pursuant
to paragraph (1) has not been made within 15 months after a complaint
is submitted under subsection (b), and such delay is not shown to be
due to the bad faith of the complainant, the complainant shall be
deemed to have exhausted the complainant's administrative remedies with
respect to the complaint and may bring an action at law or equity
described under subparagraph (A).''.
(c) Legal Burden of Proof.--Such section is further amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Legal Burden of Proof.--The legal burdens of proof specified
in section 1221(e) of title 5 shall be controlling for the purposes of
any investigation conducted by an inspector general, decision by the
head of an agency, or hearing to determine whether discrimination
prohibited under this section has occurred.''.
(d) Requirement To Notify Employees of Rights Related to Protection
From Reprisal.--Such section, as amended by subsection (c), is further
amended by inserting after subsection (e) the following new subsection:
``(f) Notice of Rights Related to Protection From Reprisal.--
``(1) In general.--Each Department of Defense contract in
excess of $5,000,000, other than a contract for the purchase of
commercial items, shall include a clause requiring the
contractor to ensure that all employees of the contractor who
are working on Department of Defense contracts are notified
of--
``(A) their rights under this section;
``(B) the fact that the restrictions imposed by any
employee contract, employee agreement, or non-
disclosure agreement may not supersede, conflict with,
or otherwise alter the employee rights provided for
under this section; and
``(C) the telephone number for the whistleblower
hotline of the Inspector General of the Department of
Defense.
``(2) Form of notice.--The notice required by paragraph (1)
shall be made by posting the required information at a
prominent place in each workplace where employees working on
the contract regularly work.''.
SEC. 862. REQUIREMENTS FOR DEFENSE CONTRACTORS RELATING TO CERTAIN
FORMER DEPARTMENT OF DEFENSE OFFICIALS.
(a) Requirements.--
(1) In general.--Chapter 141 of title 10, United States
Code, as amended by section 826 of this Act, is further amended
by adding at the end the following new section:
``Sec. 2410r. Defense contractors: requirements concerning former
Department of Defense officials
``(a) In General.--Each contract for the procurement of goods or
services in excess of $10,000,000, other than a contract for the
procurement of commercial items, that is entered into by the Department
of Defense shall include a provision under which the contractor agrees
to submit to the Secretary of Defense, not later than April 1 of each
year such contract is in effect, a written report setting forth the
information required by subsection (b).
``(b) Report Information.--Except as provided in subsection (c), a
report by a contractor under subsection (a) shall--
``(1) list the name of each person who--
``(A) is a former officer or employee of the
Department of Defense or a former or retired member of
the armed forces who served--
``(i) in an Executive Schedule position
under subchapter II of chapter 53 of title 5;
``(ii) in a position in the Senior
Executive Service under subchapter VIII of
chapter 53 of title 5;
``(iii) in a general or flag officer
position compensated at a rate of pay for grade
0-7 or above under section 201 of title 37; or
``(iv) as a program manager, deputy program
manager, procuring contracting officer,
administrative contracting officer, source
selection authority, member of the source
selection evaluation board, or chief of a
financial or technical evaluation team for a
contract with a value in excess of $10,000,000;
and
``(B) during the preceding calendar year was
provided compensation by the contractor, if such
compensation was first provided by the contractor not
more than two years after such officer, employee, or
member left service in the Department of Defense; and
``(2) in the case of each person listed under paragraph
(1)--
``(A) identify the agency in which such person was
employed or served on active duty during the last two
years of such person's service with the Department of
Defense;
``(B) state such person's job title and identify
each major defense system, if any, on which such person
performed any work with the Department of Defense
during the last two years of such person's service with
the Department; and
``(C) state such person's current job title with
the contractor and identify each major defense system
on which such person has performed any work on behalf
of the contractor.
``(c) Duplicate Information Not Required.--An annual report
submitted by a contractor pursuant to subsection (b) need not provide
information with respect to any former officer or employee of the
Department of Defense or former or retired member of the armed forces
if such information has already been provided in a previous annual
report filed by such contractor under this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 141 of such title, as so amended, is
further amended by adding at the end the following new item:
``2410r. Defense contractors: requirements concerning former Department
of Defense officials.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to contracts entered into on or after that date.
SEC. 863. REPORT ON CONTRACTOR ETHICS PROGRAMS OF MAJOR DEFENSE
CONTRACTORS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the internal ethics programs of
major defense contractors.
(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 received more than
$500,000,000 in contract awards from the Department of Defense during
fiscal year 2006.
SEC. 864. REPORT ON DEPARTMENT OF DEFENSE CONTRACTING WITH CONTRACTORS
OR SUBCONTRACTORS EMPLOYING MEMBERS OF THE SELECTED
RESERVE.
(a) Study Required.--The Secretary of Defense shall conduct a study
on contracting with the Department of Defense by actual and potential
contractors and subcontractors of the Department who employ members of
the Selected Reserve of the reserve components of the Armed Forces.
(b) Elements.--The study required by subsection (a) shall address
the following:
(1) The extent to which actual and potential contractors
and subcontractors of the Department, including small
businesses, employ members of the Selected Reserve.
(2) The extent to which actual and potential contractors
and subcontractors of the Department have been or are likely to
be disadvantaged in the performance of contracts with the
Department, or in competition for new contracts with the
Department, when employees who are such members are mobilized
as part of a United States military operation overseas.
(3) Any actions that, in the view of the Secretary, should
be taken to address any such disadvantage, including--
(A) the extension of additional time for the
performance of contracts to contractors and
subcontractors of the Department who employ members of
the Selected Reserve who are mobilized as part of a
United States military operation overseas; and
(B) the provision of assistance in forming
contracting relationships with other entities to
ameliorate the temporary loss of qualified personnel.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the study required by this section. The report shall set forth the
findings and recommendations of the Secretary as a result of the study.
(d) Repeal of Superseded Authority.--Section 819 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3385; 10 U.S.C. 2305 note) is repealed.
Subtitle E--Other Matters
SEC. 871. 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 shall
prescribe regulations on the selection, training, equipping,
and conduct of personnel performing private security functions
under a covered contract or covered subcontract in an area of
combat operations.
(2) Elements.--The regulations prescribed under subsection
(a) shall, at a minimum, establish--
(A) a process for registering, processing, and
accounting for 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 reporting of all incidents in
which--
(i) a weapon is discharged by personnel
performing private security functions in an
area of combat operations; or
(ii) personnel performing private security
functions in an area of combat operations are
killed or injured;
(D) a process for investigating--
(i) incidents reported pursuant to
subparagraph (C); and
(ii) incidents of alleged misconduct by
personnel performing private security functions
in an area of combat operations;
(E) qualification, training, screening, and
security requirements for personnel performing private
security functions in an area of combat operations;
(F) guidance to the commanders of the combatant
commands on the issuance of--
(i) orders, directives, and instructions to
contractors and subcontractors performing
private security functions relating to force
protection, security, health, safety, or
relations and interaction with locals; and
(ii) rules of engagement for personnel
performing private security functions in an
area of combat operations; and
(G) a process by which a commander of a combatant
command may request an action described in subsection
(b)(3).
(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 and
covered subcontract of a contract clause addressing the
selection, training, equipping, and conduct of personnel
performing private security functions under such contract or
subcontract.
(2) Clause requirement.--The contract clause required by
paragraph (1) shall require, at a minimum, that the contractor
or subcontractor concerned shall--
(A) comply with Department of Defense procedures
for--
(i) registering, processing, and accounting
for 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; and
(iii) the reporting of incidents in which--
(I) a weapon is discharged by
personnel performing private security
functions in an area of combat
operations; or
(II) personnel performing private
security functions in an area of combat
operations are killed or injured;
(B) ensure that all personnel performing private
security functions under such contract or subcontract
comply with--
(i) qualification, training, screening, and
security requirements established by the
Secretary of Defense for personnel performing
private security functions in an area of combat
operations;
(ii) applicable laws and regulations of the
United States and the host country, and
applicable treaties and international
agreements, regarding the performance of the
functions of the contractor or subcontractor;
(iii) orders, directives, and instructions
issued by the applicable commander of a
combatant command relating to force protection,
security, health, safety, or relations and
interaction with locals; and
(iv) rules of engagement issued by the
applicable commander of a combatant command for
personnel performing private security functions
in an area of combat operations; and
(C) cooperate with any investigation conducted by
the Department of Defense pursuant to subsection
(a)(2)(D) by providing access to employees of the
contractor or subcontractor, as the case may be, and
relevant information in the possession of the
contractor or subcontractor, as the case may be,
regarding the incident concerned.
(3) Noncompliance of personnel with clause.--The
contracting officer for a covered contract or subcontract may
direct the contractor or subcontractor, at its own expense, to
remove or replace any personnel performing private security
functions in an area of combat operations who violate or fail
to comply with applicable requirements of the clause required
by this subsection. If the violation or failure to comply is
significant or repeated, the contract or subcontract may be
terminated for default.
(4) Applicability.--The contract clause required by this
subsection shall be included in all covered contracts and
covered subcontracts awarded on or after the date that is 180
days after the date of the enactment of this Act. Federal
agencies shall make best efforts to provide for the inclusion
of the contract clause required by this subsection in covered
contracts and covered subcontracts awarded before such date.
(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) Definitions.--In this section:
(1) The term ``covered contract'' means a contract of a
Federal agency for the performance of services in an area of
combat operations, as designated by the Secretary of Defense
under subsection (c).
(2) The term ``covered subcontract'' means a subcontract
for the performance of private security functions at any tier
under a covered contract.
(3) The term ``private security functions'' means
activities engaged in by a contractor or subcontractor under a
covered contract or subcontract 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.
SEC. 872. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED
IN IRAQ AND AFGHANISTAN.
(a) In General.--In the case of a product or service to be acquired
in support of military operations or stability operations in Iraq or
Afghanistan (including security, transition, reconstruction, and
humanitarian relief activities) for which the Secretary of Defense
makes a determination described in subsection (b), the Secretary may
conduct a procurement in which--
(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. 873. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF DEFENSE
POLICIES AND PROCEDURES FOR THE ACQUISITION OF
INFORMATION TECHNOLOGY.
(a) Review Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall direct the
Defense Science Board to carry out a review of Department of Defense
policies and procedures for the acquisition of information technology.
(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; and
(G) the information officers of 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 the Clinger-Cohen Act (division E
of Public Law 104-106) and the Paperwork Reduction Act of 1995
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 performance metrics
currently 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.
(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. 874. ENHANCEMENT AND EXTENSION OF ACQUISITION AUTHORITY FOR THE
UNIFIED COMBATANT COMMAND FOR JOINT WARFIGHTING
EXPERIMENTATION.
(a) Sustainment of Equipment.--
(1) In general.--Subsection (a) of section 167a of title
10, United States Code, is amended by striking ``and acquire''
and inserting ``, acquire, and sustain''.
(2) Conforming amendment.--Subsection (d) of such section
is amended in the matter preceding paragraph (1) by striking
``or acquisition'' and inserting ``, acquisition, or
sustainment''.
(b) Two-Year Extension.--Subsection (f) of such section is
amended--
(1) by striking ``through 2008'' and inserting ``through
2010''; and
(2) by striking ``September 30, 2008'' and inserting
``September 30, 2010''.
SEC. 875. REPEAL OF REQUIREMENT FOR IDENTIFICATION OF ESSENTIAL
MILITARY ITEMS AND MILITARY SYSTEM ESSENTIAL ITEM
BREAKOUT LIST.
Section 813 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1543) is repealed.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE
HEADQUARTERS ACTIVITIES PERSONNEL.
(a) Repeal.--Section 130a of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 3 of such title is amended by striking the item relating to
section 130a.
SEC. 902. CHIEF MANAGEMENT OFFICERS OF THE DEPARTMENT OF DEFENSE.
(a) Service of Deputy Secretary of Defense as Chief Management
Officer of Department of Defense.--Section 132 of title 10, 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)(1) The Deputy Secretary--
``(A) serves as the Chief Management Officer of the
Department of Defense; and
``(B) is the principal adviser to the Secretary of Defense
on matters relating to the management of the Department of
Defense, including the development, approval, implementation,
integration, and oversight of policies, procedures, processes,
and systems for the management of the Department of Defense
that relate to the performance of the following functions:
``(i) Planning and budgeting, including performance
measurement.
``(ii) Acquisition.
``(iii) Logistics.
``(iv) Facilities, installations, and environment.
``(v) Financial management.
``(vi) Human resources and personnel.
``(vii) Management of information resources,
including information technology, networks, and
telecommunications functions.
``(2) In carrying out the duties of Chief Management Officer of the
Department of Defense, the Deputy Secretary shall--
``(A) develop and maintain a departmentwide strategic plan
for business reform identifying key initiatives to be
undertaken by the Department of Defense and its components,
together with related resource needs;
``(B) establish performance goals and measures for
improving and evaluating the overall economy, efficiency, and
effectiveness of the business operations of the Department of
Defense;
``(C) monitor the progress of the Department of Defense and
its components in meeting performance goals and measures
established pursuant to subparagraph (B);
``(D) review and approve plans and budgets for business
reform, including any proposed changes to policies, procedures,
processes, and systems, to ensure the compatibility of such
plans and budgets with the strategic plan for business reform
established pursuant to subparagraph (A);
``(E) oversee the development of, and review and approve,
all budget requests for defense business systems, including the
information to be submitted to Congress under section 2222(h)
of this title; and
``(F) subject to the authority, direction, and control of
the Secretary of Defense, perform the responsibilities of the
Secretary under section 2222 of this title.
``(3) The Deputy Secretary exercises the authority of the Secretary
of Defense in the performance of the duties of Chief Management Officer
of the Department of Defense under this subsection subject to the
authority, direction, and control of the Secretary. The exercise of
that authority is binding on the Secretaries of the military
departments and the heads of the other elements and components of the
Department of Defense.''.
(b) Deputy Chief Management Officer.--
(1) In general.--Chapter 4 of such title is amended by
inserting after section 133b the following new section:
``Sec. 133c. Under Secretary of Defense for Management (Deputy Chief
Management Officer)
``(a) There is an Under Secretary of Defense for Management (Deputy
Chief Management Officer), appointed from civilian life by the
President, by and with the advice and consent of the Senate, from among
persons who have--
``(1) extensive executive level leadership and management
experience in the public or private sector;
``(2) strong leadership skills;
``(3) a demonstrated ability to manage large and complex
organizations; and
``(4) a record of achieving positive operational results.
``(b) The Under Secretary of Defense for Management (Deputy Chief
Management Officer) shall assist the Deputy Secretary of Defense in the
performance of his duties as Chief Management Officer. The Under
Secretary of Defense for Management (Deputy Chief Management Officer)
shall act for, and exercise the powers of, the Chief Management Officer
when the Deputy Secretary is absent or disabled or there is no Deputy
Secretary.
``(c)(1) With respect to all matters for which he has
responsibility by law or by direction of the Secretary of Defense, the
Under Secretary of Defense for Management (Deputy Chief Management
Officer) takes precedence in the Department of Defense after the
Secretary of Defense and the Deputy Secretary of Defense.
``(2) With respect to all matters other than matters for which he
has responsibility by law or by direction of the Secretary of Defense,
the Under Secretary takes precedence in the Department of Defense after
the Secretaries of the military departments and the Under Secretary of
Defense for Acquisition, Technology, and Logistics.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 133b the following new item:
``133c. Under Secretary of Defense for Management (Deputy 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:
``Under Secretary of Defense for Management (Deputy Chief
Management Officer).''.
(4) Placement in osd.--Section 131(b)(2) of title 10,
United States Code, is amended--
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) The Under Secretary of Defense for Management
(Deputy Chief Management Officer).''.
(5) Conforming amendment.--Section 134(c) of such title is
amended by striking ``the Secretary of Defense'' and all that
follows and inserting ``the Under Secretary of Defense for
Management (Deputy Chief Management Officer).''.
(c) Chief Management Officers of the Military Departments.--
(1) Department of the army.--Section 3015 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(c)(1) The Under Secretary serves as the Chief Management Officer
of the Department of the Army.
``(2) The Under Secretary is the principal adviser to the Secretary
of the Army on matters relating to the management of the Department of
the Army, including the development, approval, implementation,
integration, and oversight of policies, procedures, processes, and
systems for the management of the Department of the Army that relate to
the performance of the following functions:
``(A) Planning and budgeting, including performance
measurement.
``(B) Acquisition.
``(C) Logistics.
``(D) Facilities, installations, and environment.
``(E) Financial management.
``(F) Human resources and personnel.
``(G) Management of information resources, including
information technology, networks, and telecommunications
functions.
``(3) Subject to the direction and oversight of the Chief
Management Officer and Deputy Chief Management Officer of the
Department of Defense, the Under Secretary shall be responsible for--
``(A) developing and maintaining a strategic plan for
business reform that identifies key initiatives to be
undertaken by the Department of the Army for business reform,
together with related resource needs;
``(B) establishing performance goals and measures for
improving and evaluating the overall economy, efficiency, and
effectiveness of the business operations of the Department of
the Army;
``(C) monitoring the progress of the Department of the Army
and its components in meeting the performance goals and
measures established pursuant to subparagraph (B);
``(D) reviewing and approving the plans and budgets of the
Department of the Army for business reform, including any
proposed changes to policies, procedures, processes, and
systems, to ensure the compatibility of such plans and budgets
with the strategic plan for business reform established
pursuant to subparagraph (A); and
``(E) overseeing the development of, and reviewing and
approving, all budget requests for defense business systems by
the Department of the Army, including the information to be
submitted to Congress under section 2222(h) of this title.''.
(2) Department of the navy.--Section 5015 of such title is
amended by adding at the end the following new subsection:
``(c)(1) The Under Secretary serves as the Chief Management Officer
of the Department of the Navy.
``(2) The Under Secretary is the principal adviser to the Secretary
of the Navy on matters relating to the management of the Department of
the Navy, including the development, approval, implementation,
integration, and oversight of policies, procedures, processes, and
systems for the management of the Department of the Navy that relate to
the performance of the following functions:
``(A) Planning and budgeting, including performance
measurement.
``(B) Acquisition.
``(C) Logistics.
``(D) Facilities, installations, and environment.
``(E) Financial management.
``(F) Human resources and personnel.
``(G) Management of information resources, including
information technology, networks, and telecommunications
functions.
``(3) Subject to the direction and oversight of the Chief
Management Officer and Deputy Chief Management Officer of the
Department of Defense, the Under Secretary shall be responsible for--
``(A) developing and maintaining a strategic plan for
business reform that identifies key initiatives to be
undertaken by the Department of the Navy for business reform,
together with related resource needs;
``(B) establishing performance goals and measures for
improving and evaluating the overall economy, efficiency, and
effectiveness of the business operations of the Department of
the Navy;
``(C) monitoring the progress of the Department of the Navy
and its components in meeting the performance goals and
measures established pursuant to subparagraph (B);
``(D) reviewing and approving the plans and budgets of the
Department of the Navy for business reform, including any
proposed changes to policies, procedures, processes, and
systems, to ensure the compatibility of such plans and budgets
with the strategic plan for business reform established
pursuant to subparagraph (A); and
``(E) overseeing the development of, and reviewing and
approving, all budget requests for defense business systems by
the Department of the Navy, including the information to be
submitted to Congress under section 2222(h) of this title.''.
(3) Department of the air force.--Section 8015 of such
title is amended by adding at the end the following new
subsection:
``(c)(1) The Under Secretary serves as the Chief Management Officer
of the Department of the Air Force.
``(2) The Under Secretary is the principal adviser to the Secretary
of the Air Force on matters relating to the management of the
Department of the Air Force, including the development, approval,
implementation, integration, and oversight of policies, procedures,
processes, and systems for the management of the Department of the Air
Force that relate to the performance of the following functions:
``(A) Planning and budgeting, including performance
measurement.
``(B) Acquisition.
``(C) Logistics.
``(D) Facilities, installations, and environment.
``(E) Financial management.
``(F) Human resources and personnel.
``(G) Management of information resources, including
information technology, networks, and telecommunications
functions.
``(3) Subject to the direction and oversight of the Chief
Management Officer and Deputy Chief Management Officer of the
Department of Defense, the Under Secretary shall be responsible for--
``(A) developing and maintaining a strategic plan for
business reform that identifies key initiatives to be
undertaken by the Department of the Air Force for business
reform, together with related resource needs;
``(B) establishing performance goals and measures for
improving and evaluating the overall economy, efficiency, and
effectiveness of the business operations of the Department of
the Air Force;
``(C) monitoring the progress of the Department of the Air
Force and its components in meeting the performance goals and
measures established pursuant to subparagraph (B);
``(D) reviewing and approving the plans and budgets of the
Department of the Air Force for business reform, including any
proposed changes to policies, procedures, processes, and
systems, to ensure the compatibility of such plans and budgets
with the strategic plan for business reform established
pursuant to subparagraph (A); and
``(E) overseeing the development of, and reviewing and
approving, all budget requests for defense business systems by
the Department of the Air Force, including the information to
be submitted to Congress under section 2222(h) of this
title.''.
(d) Matters Relating to Financial Management Modernization
Executive Committee.--Section 185(a) of title 10, United States Code,
is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (E)
as subparagraphs (C) though (G), respectively; and
(B) by inserting before subparagraph (C), as
redesignated by subparagraph (A) of this paragraph, the
following new subparagraphs:
``(A) The Deputy Secretary of Defense, who shall be the
chairman of the committee.
``(B) The Under Secretary of Defense for Management (Deputy
Chief Management Officer), who shall act as the chairman of the
committee in the absence of the Deputy Secretary of Defense.'';
and
(C) in subparagraph (C), as so redesignated, by
striking ``, who shall be the chairman of the
committee''; and
(2) in paragraph (3), by inserting ``the Under Secretary of
Defense for Management (Deputy Chief Management Officer),''
after ``the Deputy Secretary of Defense,''.
(e) Matters Relating to Defense Business System Management
Committee.--Section 186 of such title is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The Under Secretary of Defense for Management (Deputy
Chief Management Officer).''; and
(2) in subsection (b), by striking the second sentence and
inserting the following new sentence: ``The Under Secretary of
Defense for Management (Deputy Chief Management Officer) shall
serve as the vice chairman of the committee, and shall act as
the chairman of the committee in the absence of the Deputy
Secretary of Defense.''.
(f) Management of Defense Business Transformation Agency.--Section
192(e)(2) of such title is amended by striking ``that the Agency'' and
all that follows and inserting ``that the Director of the Agency shall
report directly to the Under Secretary of Defense for Management
(Deputy Chief Management Officer).''.
SEC. 903. 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. 904. 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. 905. 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 Deputy, who
shall be a lieutenant general of the Army on active duty. The Principal
Deputy shall be appointed from among officers who have significant
experience in the areas of acquisition and program management.''.
(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 Deputy, who
shall be a vice admiral of the Navy or a lieutenant general of the
Marine Corps on active duty. The Principal Deputy shall be appointed
from among officers who have significant experience in the areas of
acquisition and program management.''.
(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 Deputy, who
shall be a lieutenant general of the Air Force on active duty. The
Principal Deputy shall be appointed from among officers who have
significant experience in the areas of acquisition and program
management.''.
(d) Duty of Principal Military Deputies To Inform Service Chiefs on
Major Defense Acquisition Programs.--Each Principal Deputy to a service
acquisition executive shall be responsible for keeping the Chief of
Staff of the Armed Force concerned informed of the progress of major
defense acquisition programs.
(e) Exclusion of Principal Military Deputies From Distribution and
Strength in Grade Limitations.--
(1) Distribution.--Section 525(b) of such title is amended
by adding at the end the following new paragraph:
``(9)(A) An officer while serving in a position specified in
subparagraph (B) is in addition to the number that would otherwise be
permitted for that officer's armed force for the grade of lieutenant
general or vice admiral, as applicable.
``(B) A position specified in this subparagraph is each position as
follows:
``(i) Principal Deputy to the Assistant Secretary of the
Army for Acquisition, Logistics, and Technology.
``(ii) Principal Deputy to the Assistant Secretary of the
Navy for Research, Development, and Acquisition.
``(iii) Principal Deputy to the Assistant Secretary of the
Air Force for Acquisition.''.
(2) Authorized strength.--Section 526 of such title is
amended by adding at the end the following new subsection:
``(g) Exclusion of Principal Deputies to Assistant Secretaries of
the Military Departments for Acquisition Matters.--The limitations of
this section do not apply to a general or flag officer who is covered
by the exclusion under section 525(b)(9) of this title.''.
SEC. 906. FLEXIBLE AUTHORITY FOR NUMBER OF ARMY DEPUTY CHIEFS OF STAFF
AND ASSISTANT CHIEFS OF STAFF.
Subsection (b) of section 3035 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. The aggregate
number of such positions may not exceed eight positions.''.
SEC. 907. SENSE OF CONGRESS ON TERM OF OFFICE OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
It is the sense of Congress that the term of office of the Director
of Operational Test and Evaluation of the Department of Defense should
be not less than five years.
Subtitle B--Space Matters
SEC. 921. SPACE POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify the
national security space policy and strategy of the United States for
the near term, the Secretary of Defense and the Director of National
Intelligence shall jointly conduct a comprehensive review of the space
posture of the United States over the posture review period.
(b) Elements of Review.--The review conducted under subsection (a)
shall include, for the posture review period, the following:
(1) The definition, policy, requirements, and objectives
for each of the following:
(A) Space situational awareness.
(B) Space control.
(C) Space superiority, including defensive and
offensive counterspace.
(D) Force enhancement and force application.
(E) Space-based intelligence and surveillance and
reconnaissance from space.
(F) Any other matter the Secretary considers
relevant to understanding the space posture of the
United States.
(2) A description of current and planned space acquisition
programs that are in acquisition categories 1 and 2, including
how each such program will address the policy, requirements,
and objectives described under each of subparagraphs (A)
through (F) of paragraph (1).
(3) A description of future space systems and technology
development (other than such systems and technology in
development as of the date of the enactment of this Act)
necessary to address the policy, requirements, and objectives
described under each of subparagraphs (A) through (F) of
paragraph (1).
(4) An assessment of the relationship among the following:
(A) United States military space policy.
(B) National security space policy.
(C) National security space objectives.
(D) Arms control policy.
(5) An assessment of the effect of the military and
national security space policy of the United States on the
proliferation of weapons capable of targeting objects in space
or objects on Earth from space.
(c) Report.--
(1) In general.--Not later than December 1, 2009, the
Secretary of Defense and the Director of National Intelligence
shall jointly submit to the congressional committees specified
in paragraph (3) a report on the review conducted under
subsection (a).
(2) Form of report.--The report under this subsection shall
be submitted in unclassified form, but may include a classified
annex.
(3) Committees.--The congressional committees specified in
this paragraph are--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(d) Posture Review Period Defined.--In this section, the term
``posture review period'' means the 10-year period beginning on
February 1, 2009.
SEC. 922. ADDITIONAL REPORT ON OVERSIGHT OF ACQUISITION FOR DEFENSE
SPACE PROGRAMS.
Section 911(b)(1) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2621) is
amended by inserting ``, and March 15, 2008,'' after ``March 15,
2003,''.
Subtitle C--Other Matters
SEC. 931. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF CLIMATE
CHANGE ON DEPARTMENT FACILITIES, CAPABILITIES, AND
MISSIONS.
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 this subsection 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 this subsection shall also examine the capabilities
of the armed forces to respond to the consequences of climate change,
in particular, preparedness for natural disasters from extreme weather
events and other missions the armed forces may be asked to support
inside the United States and overseas.
``(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) The Secretary shall ensure that this subsection is
implemented in a manner that does not have a negative impact on
national security.
``(5) In this subsection, the term `national security strategy'
means the annual national security strategy report of the President
under section 108 of the National Security Act of 1947 (50 U.S.C.
404a).''.
SEC. 932. BOARD OF REGENTS FOR THE UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
(a) Appointments.--
(1) In general.--Section 2113 of title 10, United States
Code, is amended--
(A) in subsection (a)(1), by striking ``by the
President, by and with the advice and consent of the
Senate'' and inserting ``by the Secretary of Defense'';
and
(B) in subsection (b)--
(i) in paragraph (1), by adding ``and'' at
the end;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as
paragraph (2).
(2) Chairman.--Subsection (c) of such section is amended by
striking ``the President'' and inserting ``the Secretary''.
(b) Statutory Redesignation of Dean as President.--
(1) Section 2113 of such title is further amended by
striking ``Dean'' each place it appears in subsections (d) and
(f)(1) and inserting ``President''.
(2) Section 2114(e) of such title is amended by striking
``Dean'' each place it appears in paragraphs (3) and (5).
(c) Compensation of Members for Performance of Duties.--Subsection
(e) of section 2113 of such title is further amended by striking ``but
not exceeding $100 per diem''.
SEC. 933. UNITED STATES MILITARY CANCER INSTITUTE.
(a) Establishment.--Chapter 104 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2117. United States Military Cancer Institute
``(a) Establishment.--The Secretary of Defense shall establish in
the University the United States Military Cancer Institute. The
Institute shall be established pursuant to regulations prescribed by
the Secretary.
``(b) Purposes.--The purposes of the Institute are as follows:
``(1) To establish and maintain a clearinghouse of data on
the incidence and prevalence of cancer among members and former
members of the armed forces.
``(2) To conduct research that contributes to the detection
or treatment of cancer among the members and former members of
the armed forces.
``(c) Head of Institute.--The Director of the United States
Military Cancer Institute is the head of the Institute. The Director
shall report to the President of the University regarding matters
relating to the Institute.
``(d) Elements.--(1) The Institute is composed of clinical and
basic scientists in the Department of Defense who have an expertise in
research, patient care, and education relating to oncology and who meet
applicable criteria for affiliation with the Institute.
``(2) The components of the Institute include military treatment
and research facilities that meet applicable criteria and are
designated as affiliates of the Institute.
``(e) Research.--(1) The Director of the United States Military
Cancer Institute shall carry out research studies on the following:
``(A) The epidemiological features of cancer, including
assessments of the carcinogenic effect of genetic and
environmental factors, and of disparities in health, inherent
or common among populations of various ethnic origins within
the members of the armed forces.
``(B) The prevention and early detection of cancer among
members and former members of the armed forces.
``(C) Basic, translational, and clinical investigation
matters relating to the matters described in subparagraphs (A)
and (B).
``(2) The research studies under paragraph (1) shall include
complementary research on oncologic nursing.
``(f) Collaborative Research.--The Director of the United States
Military Cancer Institute shall carry out the research studies under
subsection (e) in collaboration with other cancer research
organizations and entities selected by the Institute for purposes of
the research studies.
``(g) Annual Report.--(1) Not later than November 1 each year, the
Director of the United States Military Cancer Institute shall submit to
the President of the University a report on the current status of the
research studies being carried out by the Institute under subsection
(e).
``(2) Not later than 60 days after receiving a report under
paragraph (1), the President of the University shall transmit such
report to the Secretary of Defense and to Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 104 of such title is amended by adding at the end the following
new item:
``2117. United States Military Cancer Institute.''.
SEC. 934. WESTERN HEMISPHERE CENTER FOR EXCELLENCE IN HUMAN RIGHTS.
(a) Center Authorized.--The Secretary of Defense may establish and
operate a center to be known as the Western Hemisphere Center for
Excellence in Human Rights.
(b) Missions.--The missions of the Center shall be as follows:
(1) To provide and facilitate education, training,
research, strategic planning, and reform on the integration of
respect for human rights into all aspects of military
operations, doctrine, education, judicial systems, and other
internal control mechanisms, and into the relations of the
military with civil society, including the development of
programs to combat the growing phenomenon of trafficking in
persons.
(2) To sponsor conferences, symposia, seminars, academic
exchanges, and courses, as well as special projects such as
studies, reviews, design of curricula, and evaluations, on the
matters covered by paragraph (1).
(3) In carrying out its other mission, to place special
emphasis on the implementation of reforms that result in
measurable improvements in respect for human rights in the
provision of effective security.
(c) Formulation and Execution of Programs.--
(1) Concurrence of secretary of state.--The Secretary of
Defense may carry out this section only with the concurrence of
the Secretary of State.
(2) Formulation and execution of programs.--The Secretary
of Defense and the Secretary of State shall--
(A) jointly formulate any program or other
activities undertaken under this section; and
(B) shall coordinate with one another, under
procedures that they jointly establish, to ensure
appropriate implementation of such programs and
activities, including in a manner that--
(i) incorporates appropriate vetting
procedures, irrespective of the source of
funding for the activity; and
(ii) avoids duplication with existing
programs.
(d) Joint Operation With Educational Institutions and
Nongovernmental Organizations Authorized.--The Secretary of Defense may
enter into agreements with appropriate officials of institutions of
higher education and nongovernmental organizations to provide for the
joint operation of the Center by the Secretary and such entities. Any
such agreement may provide for the institution or organization
concerned to furnish necessary administrative services for the Center,
including administration and allocation of funds.
(e) Acceptance of Gifts and Donations.--
(1) Acceptance authorized.--Except as provided in paragraph
(2), the Secretary of Defense may accept, on behalf of the
Center, gifts and donations to be used to defray the costs of
the Center or to enhance the operation of the Center. Any such
gift or donation may be accepted from any State or local
government, any foreign government, any foundation or other
charitable organization (including any that is organized or
operates under the laws of a foreign country), or any other
private source in the United States or a foreign country.
(2) Limitation.--The Secretary may not accept a gift or
donation under paragraph (1) if acceptance of the gift or
donation would compromise or appear to compromise--
(A) the ability of the Department of Defense, any
employee of the Department, or members of the Armed
Forces to carry out any responsibility or duty of the
Department in a fair and objective manner; or
(B) the integrity of any program of the Department
or of any person involved in such a program.
(3) Crediting.--Amounts accepted as a gift or donation
under paragraph (1) shall be credited to the appropriation
available to the Department of Defense for the Western
Hemisphere Center for Excellence in Human Rights. Amounts so
credited shall be merged with the appropriation to which
credited, and shall be available to the Center for the same
purposes, and subject to the same conditions and limitations,
as amounts in the appropriation with which merged.
(4) Annual report.--Not later than January 31 each year,
the Secretary shall submit to the congressional defense
committees a report on the gifts or donations accepted under
paragraph (1) during the preceding year. Each report shall
include, for the year covered by such report, a description of
each gift of donation so accepted, including--
(A) the source of the gift or donation;
(B) the amount of the gift or donation; and
(C) the use of the gift or donation.
SEC. 935. 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. 936. COMPTROLLER GENERAL ASSESSMENT OF PROPOSED REORGANIZATION OF
THE OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR POLICY.
(a) Assessment Required.--Not later than March 1, 2008, the
Comptroller General of the United States shall submit to the
congressional defense committees a report containing an assessment of
the proposed reorganization of the office of the Under Secretary of
Defense for Policy, including an assessment with respect to the matters
set forth in subsection (b).
(b) Matters To Be Assessed.--The matters to be included in the
assessment required by subsection are as follows:
(1) Whether the proposed reorganization of the office will
further the stated purposes of the proposed reorganization in
the short-and long-term, namely whether the proposed
reorganization will enhance the ability of the Department of
Defense--
(A) to address current security priorities,
including the war in Iraq and the global war on
terrorism in Afghanistan and elsewhere;
(B) to manage geopolitical defense relationships;
and
(C) to anticipate future strategic shifts.
(2) Whether, and to what extent, the proposed
reorganization adheres to generally accepted principles of
effective organization such as establishing clear goals,
identifying clear lines of authority and accountability, and
developing an effective human capital strategy.
(3) The extent to which the Department has developed
detailed implementation plans for the proposed reorganization,
and the current status of the implementation of all aspects of
the reorganization.
(4) The extent to which the Department has worked to
mitigate congressional concerns and address other challenges
that have arisen since the proposed reorganization was
announced.
(5) Whether the Department plans to evaluate progress in
achieving the stated goals of the proposed reorganization and
what metrics, if any, the Department has established to assess
the results of the reorganization.
(6) The impact of the large span of responsibilities for
the Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict under the proposed reorganization on the
ability of the Assistant Secretary to carry out the principal
duties of the Assistant Secretary under law.
(7) The impact of the large span of responsibility for the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict under the proposed reorganization, including
responsibility under the proposed reorganization for each of
the following:
(A) Strategic capabilities.
(B) Forces transformation.
(C) Major budget programs.
(8) The relationship between any global war on terrorism
task force that reports directly to the Under Secretary of
Defense for Policy, the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict, and the
Principal Deputy Under Secretary of Defense for Policy in
managing policy on combating terrorism.
(9) The impact of the large span of responsibilities for
the proposed Deputy Assistant Secretary of Defense for
Counternarcotics, Counterproliferation, and Global Threats
under the proposed reorganization.
(10) The impact of the proposed reorganization on
counternarcotics program execution.
(11) The unique placement under the proposed reorganization
of both functional and regional issue responsibilities under
the single proposed Assistant Secretary of Defense for Homeland
Defense and Americas' Security Affairs.
(12) The differentiation between the responsibilities of
the proposed Deputy Assistant Secretary of Defense for Building
Partnership Capacity Strategy and the proposed Deputy Assistant
Secretary of Defense for Security Cooperation Options under the
proposed reorganization, and the relationship between such
officials.
TITLE X--GENERAL PROVISIONS
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. 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. 1003. 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. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2008.
(a) Fiscal Year 2008 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2008 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(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. 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 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) 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.
(g) Plan on Development and Implementation of Initiative.--Not
later than six months after the date of the enactment of this Act, the
Director of the Business Transformation Agency shall submit to the
congressional defense committees a plan for the development and
implementation of the Initiative. The plan shall provide for the
implementation of an initial capability under the Initiative as
follows:
(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 six 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.
SEC. 1007. EXTENSION OF PERIOD FOR TRANSFER OF FUNDS TO FOREIGN
CURRENCY FLUCTUATIONS, DEFENSE ACCOUNT.
Section 2779 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``second fiscal
year'' and inserting ``fifth fiscal year''; and
(2) in subsection (d)(2), by striking ``second fiscal
year'' and inserting ``fifth fiscal year''.
Subtitle B--Counter-Drug Activities
SEC. 1011. EXPANSION OF DEPARTMENT OF DEFENSE AUTHORITY TO PROVIDE
SUPPORT FOR COUNTER-DRUG ACTIVITIES TO CERTAIN ADDITIONAL
FOREIGN GOVERNMENTS.
Section 1033(b) of the National Defense Authorization Act for
Fiscal Year 1998 (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 the Dominican Republic.
``(18) The Government of Mexico.''.
Subtitle C--Miscellaneous Authorities and Limitations
SEC. 1021. ENHANCEMENT OF AUTHORITY TO PAY REWARDS FOR ASSISTANCE IN
COMBATING TERRORISM.
(a) Increase in Amount of Reward.--Subsection (b) of section 127b
of title 10, United States Code, is amended by inserting ``, or
$5,000,000 during fiscal year 2008'' after ``$200,000''.
(b) Delegation of Authority to Commanders of Combatant Commands.--
Subsection (c)(1)(B) of such title is amended by inserting ``, or
$1,000,000 during fiscal year 2008'' after ``$50,000''.
(c) Consultation With Secretary of State in Award.--Subsection
(d)(2) of such section is amended by inserting ``, or $2,000,000 during
fiscal year 2008'' after ``$100,000''.
SEC. 1022. REPEAL OF MODIFICATION OF AUTHORITIES RELATING TO THE USE OF
THE ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.
(a) Repeal.--
(1) In general.--Section 333 of title 10, United States
Code, as amended by section 1076 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2404), is amended to read as such section read
on October 16, 2006, which is the day before the date of the
enactment of the John Warner National Defense Authorization Act
for Fiscal Year 2007.
(2) Conforming clerical amendments.--(A) The heading of
such section 333, as so amended, is amended to read as such
heading read on October 16, 2006.
(B) The item relating to such section 333 in the table of
sections at the beginning of chapter 15 of such title, as so
amended, is amended to read as such item read on October 16,
2006.
(C) The heading of chapter 15 of such title, as so amended,
is amended to read as such heading read on October 16, 2006.
(D) The item relating to chapter 15 of such title in the
tables of chapters at the beginning of subtitle A of such
title, and at the beginning of part I of such subtitle, as so
amended, is amended to read as such item read on October 16,
2006.
(b) Other Conforming Amendments.--
(1) Conforming repeal.--(A) Section 2567 of title 10,
United States Code, is repealed.
(B) The table of sections at the beginning of chapter 152
of such title is amended by striking the item relating to
section 2567.
(2) Additional amendment.--Section 12304(c)(1) of such
title, as amended by section 1076 of the John Warner National
Defense Authorization Act for Fiscal Year 2007, is amended to
read as such section read on October 16, 2006.
SEC. 1023. PROCEDURES FOR COMBATANT STATUS REVIEW TRIBUNALS;
MODIFICATION OF MILITARY COMMISSION AUTHORITIES.
(a) Determination of Status of Certain Combatants.--Subsection (b)
of section 1005 of the Detainee Treatment Act of 2005 (title X of
Public Law 109-148; 10 U.S.C. 801 note) is amended to read as follows:
``(b) Determination of Status of Certain Combatants.--
``(1) In general.--The Secretary of Defense shall determine
the status of each detainee described in paragraph (2) through
a Combatant Status Review Tribunal (in this subsection referred
to as a `Tribunal') conducted in accordance with the
requirements of this subsection.
``(2) Covered detainees.--
``(A) In general.--A detainee described in this
paragraph is a detainee who--
``(i) is held by the Department of Defense
as an unlawful enemy combatant on or after the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 2008; and
``(ii) has been detained by the United
States for a period of more than two years.
``(B) Unlawful enemy combatant defined.--In this
subsection, the term `unlawful enemy combatant' has the
meaning given such term in section 948a(1) of title 10,
United States Code.
``(3) Standard of proof.--A Tribunal shall determine
whether or not a detainee is an unlawful enemy combatant by a
preponderance of the evidence. Weight shall be accorded to
evidence based on the credibility, reliability, and probative
value of the evidence.
``(4) Procedures.--Not later than 120 days after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2008, the Secretary shall prescribe procedures for
Tribunals under this subsection. Such procedures shall ensure,
at a minimum, that--
``(A) the President of a Tribunal is a military
judge--
``(i) who shall meet the qualification
requirements of section 948j(b) of title 10,
United States Code, and
``(ii) who shall rule on all questions of
law and exclude evidence that would not have
probative value to a reasonable person;
``(B) each detainee is represented in the same
manner as provided for the accused before a military
commission under section 949c of title 10, United
States Code;
``(C) each detainee is afforded a reasonable
opportunity to obtain witnesses and other evidence,
including a process to compel witnesses to appear and
testify and to compel the production of other evidence,
that is similar to that provided for defense counsel in
a military commission under section 949j of title 10,
United States Code;
``(D) each detainee is permitted to present
evidence in his defense, to cross-examine the witnesses
who testify against him, and to examine and respond to
evidence admitted against him, while providing for the
handling of classified information in a manner so
that--
``(i) counsel for the detainee is provided
access to the relevant classified evidence,
including both evidence admitted against the
detainee and any potentially exculpatory
evidence, consistent with the procedures for
the protection of classified information in
section 949d(f) of title 10, United States
Code; and
``(ii) the detainee is provided access--
``(I) to all unclassified evidence;
and
``(II) to a summary of the
classified evidence admitted against
the detainee that is sufficiently
specific to provide the detainee a fair
opportunity to respond, with the
assistance of counsel, to such
evidence;
``(E) in making a determination of status of any
such detainee, a Tribunal may not consider a statement
that was obtained through methods that amount to
torture; and
``(F) in making a determination of status of a
detainee, a Tribunal may not consider a statement in
which the degree of coercion is disputed unless--
``(i) the totality of the circumstances
renders the statement reliable and possessing
sufficient probative value;
``(ii) the interests of justice would best
be served by admission of the statement into
evidence; and
``(iii) the Tribunal determines that--
``(I) the alleged coercion was
incident to the lawful conduct of
military operations at the point of
apprehension;
``(II) the statement was voluntary;
or
``(III) the interrogation methods
used to obtain the statement do not
amount to cruel, inhuman, or degrading
treatment prohibited by section 1003 of
this Act.
``(5) Scheduling.--The Secretary shall ensure that a
Tribunal is scheduled for a detainee described in paragraph (2)
not later than 180 days after the date on which a Tribunal
becomes required for such detainee under paragraph (1), except
that--
``(A) the Secretary shall schedule a Tribunal for a
detainee who is eligible for such a Tribunal on the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 2008 not later than
one year after the date on which procedures are
required to be prescribed by paragraph (4); and
``(B) the Secretary shall not be required to
schedule a Tribunal for--
``(i) a detainee upon whom charges have
been served in accordance with section 948s of
title 10, United States Code, until after final
judgment has been reached on such charges; or
``(ii) a detainee who has been convicted by
a military commission under chapter 47A of such
title of an offense under subchapter VII of
that chapter.''.
(b) Modifications of Military Commission Authorities.--
(1) Enemy combatant status.--Paragraph (1) of section 948a
of title 10, United States Code, is amended to read as follows:
``(1) Unlawful enemy combatant.--The term `unlawful enemy
combatant' means a person who is not a lawful enemy combatant
who--
``(A) has engaged in hostilities against the United
States;
``(B) has purposefully and materially supported
hostilities against the United States (other than
hostilities engaged in by lawful enemy combatants); or
``(C) has been a knowing and active participant in
an organization that engaged in hostilities against the
United States.''.
(2) Repeal of dispositive nature of previous csrt
determinations.--Section 948d of such title is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c).
(3) Statements obtained through cruel, inhuman, or
degrading treatment.--Section 948r of such title is amended--
(A) by striking subsections (c) and (d); and
(B) by adding after subsection (b) the following
new subsection (c):
``(c) Statements Obtained Through Cruel, Inhuman, or Degrading
Treatment.--A statement in which the degree of coercion is disputed may
be admitted if the military judge finds that--
``(1) the totality of the circumstances renders the
statement reliable and possessing sufficient probative value;
``(2) the interests of justice would best be served by
admission of the statement into evidence; and
``(3) one of the following circumstances is met:
``(A) The alleged coercion was incident to the
lawful conduct of military operations at the point of
apprehension.
``(B) The statement was voluntary.
``(C) The interrogation methods used to obtain the
statement do not amount to cruel, inhuman, or degrading
treatment prohibited by section 1003 of the Detainee
Treatment Act of 2005 (42 U.S.C. 2000dd).''.
(4) Admittance of hearsay evidence.--Subparagraph (E) of
section 949a(b)(2) of such title is amended to read as follows:
``(E) Hearsay evidence not otherwise admissible under the
rules of evidence applicable in trial by general courts-martial
may be admitted in a trial by military commission if--
``(i) the proponent of the evidence makes known to
the adverse party, sufficiently in advance of trial or
hearing to provide the adverse party with a fair
opportunity to meet the evidence, the proponent's
intention to offer the evidence, and the particulars of
the evidence (including information on the
circumstances under which the evidence was obtained);
and
``(ii) the military judge finds that the totality
of the circumstances render the evidence more probative
on the point for which it is offered than other
evidence which the proponent can procure through
reasonable efforts, taking into consideration the
unique circumstances of the conduct of military and
intelligence operations during hostilities.''.
(5) Technical and conforming amendments.--
(A) Technical amendment.--The heading of section
950j of such title is amended by striking ``Finality
or'' and inserting ``Finality of''.
(B) Clerical amendment.--The table of sections at
the beginning of subchapter VI of chapter 47A of such
title is amended to read as follows:
``950j. Finality of proceedings, findings, and sentences.''.
SEC. 1024. 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. 1025. EXPANSION OF COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT
OF CULTURAL RESOURCES.
(a) In General.--Subsection (a) of section 2684 of title 10, United
States Code, is amended to read as follows:
``(a) Authority.--(1) The Secretary of Defense or the Secretary of
a military department may enter into a cooperative agreement with a
State or local government, tribal government, or other entity for any
purpose as follows:
``(A) For the preservation, management, maintenance, and
improvement of cultural resources.
``(B) For the conduct of research regarding cultural
resources.
``(2) To be covered under a cooperative agreement under this
subsection, cultural resources shall be located--
``(A) on a military installation; or
``(B) off a military installation, but only if the
cooperative agreement directly relieves or eliminates current
or anticipated restrictions that would or might restrict,
impede, or otherwise interfere (whether directly or indirectly)
with current or anticipated military training, testing, or
operations on the installation.
``(3) Activities under a cooperative agreement under this
subsection shall be subject to the availability of funds to carry out
the cooperative agreement.''.
(b) Inclusion of Indian Sacred Sites in Cultural Resources.--
Subsection (c) of such section is amended by adding at the end the
following new paragraph:
``(5) An Indian sacred site, as the that term is defined in
section 1(b)(iii) of Executive Order 13007.''.
SEC. 1026. MINIMUM ANNUAL PURCHASE AMOUNTS FOR AIRLIFT FROM CARRIERS
PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.
(a) In General.--Chapter 931 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9515. Airlift services: minimum annual purchase amount for
carriers participating in Civil Reserve Air Fleet
``(a) In General.--The Secretary of Defense may award to air
carriers participating in the Civil Reserve Air Fleet on a fiscal year
basis a one-year contract for airlift services with a minimum purchase
amount determined in accordance with this section.
``(b) Minimum Purchase Amount.--(1) The aggregate amount of the
minimum purchase amount for all contracts awarded under subsection (a)
for a fiscal year shall be based on forecast needs, but may not exceed
the amount equal to 80 percent of the annual average expenditure of the
Department of Defense for airlift during the five-fiscal year period
ending in the fiscal year before the fiscal year for which such
contracts are awarded.
``(2) In calculating the annual average expenditure of the
Department of Defense for airlift for purposes of paragraph (1), the
Secretary of Defense shall omit from the calculation any fiscal year
exhibiting unusually high demand for airlift if the Secretary
determines that the omission of such fiscal year from the calculation
will result in a more accurate forecast of anticipated airlift for
purposes of that paragraph.
``(3) The aggregate amount of the minimum purchase amount for all
contracts awarded under subsection (a) for a fiscal year, as determined
under paragraph (1), shall be allocated among all carriers awarded
contracts under that subsection for such fiscal year in proportion to
the commitments of such carriers to the Civil Reserve Air Fleet for
such fiscal year.
``(c) Adjustment to Minimum Purchase Amount for Periods of
Unavailability of Airlift.--In determining the minimum purchase amount
payable under a contract under subsection (a) for airlift provided by a
carrier during the fiscal year covered by such contract, the Secretary
of Defense may adjust the amount allocated to the carrier under
subsection (b)(3) to take into account periods during such fiscal year
when services of the carrier are unavailable for usage by the
Department of Defense, including during periods of refused business or
suspended operations or when the carrier is placed in nonuse status
pursuant to section 2640 of this title for safety issues.
``(d) Distribution of Amounts.--If any amount available under this
section for the minimum purchase of airlift from a carrier for a fiscal
year under a contract under subsection (a) is not utilized to purchase
airlift from the carrier in such fiscal year, such amount shall be
provided to the carrier before the first day of the following fiscal
year.
``(e) Transfer of Funds.--At the beginning of each fiscal year, the
Secretary of each military department shall transfer to the
transportation working capital fund a percentage of the total amount
anticipated to be required in such fiscal year for payment of minimum
purchase amounts under all contracts awarded under subsection (a) for
such fiscal year equivalent to the percentage of the anticipated use of
airlift by such military department during such fiscal year from all
carriers under contracts awarded under subsection (a) for such fiscal
year.
``(f) Availability of Airlift.--(1) From the total amount of
airlift available for a fiscal year under all contracts awarded under
subsection (a) for such fiscal year, a military department shall be
entitled to obtain a percentage of such airlift equivalent to the
percentage of the contribution of the military department to the
transportation working capital fund for such fiscal year under
subsection (e).
``(2) A military department may transfer any entitlement to airlift
under paragraph (1) to any other military department or to any other
agency, element, or component of the Department of Defense.
``(g) Sunset.--The authorities in this section shall expire on
December 31, 2015.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 931 of such title is amended by adding at the end the following
new item:
``9515. Airlift services: minimum annual purchase amount for carriers
participating in Civil Reserve Air
Fleet.''.
SEC. 1027. 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.
``(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 under circumstances as follows:
``(A) If such services are provided by Air Force personnel
and equipment without direct cost to the Air Force.
``(B) If such services are provided under an agreement with
the foreign country that provides for the reciprocal furnishing
by the foreign country of routine airport services to military
and other state aircraft of the United States without
reimbursement.
``(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. 1028. PARTICIPATION IN STRATEGIC AIRLIFT CAPABILITY PARTNERSHIP.
(a) Authority To Participate in Partnership.--The Secretary of
Defense may--
(1) 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; and
(2) pay from funds available to the Department of Defense
for such purpose the United States equitable share of the
recurring and non-recurring costs of the activities and
operations of the Strategic Airlift Capability Partnership,
including costs associated with procurement of aircraft
components and spare parts, maintenance, facilities, and
training, and the costs of claims.
(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 functions performed by Department of Defense personnel
with respect to the Strategic Airlift Capability Partnership as
follows:
(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) In general.--The Secretary of Defense is authorized to
transfer one strategic airlift aircraft to the Strategic
Airlift Capability Partnership in accordance with the terms and
conditions of the memorandum of understanding entered into
under subsection (a).
(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. 1029. RESPONSIBILITY OF THE AIR FORCE FOR FIXED-WING SUPPORT OF
ARMY INTRA-THEATER LOGISTICS.
The Secretary of Defense shall, acting through the Chairman of the
Joint Chiefs of Staff, prescribe directives or instructions to provide
that the Air Force shall have responsibility for the missions and
functions of fixed-wing support for Army intra-theater logistics.
SEC. 1030. PROHIBITION ON SALE OF PARTS FOR F-14 FIGHTER AIRCRAFT.
(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 parts for F-14 fighter aircraft, whether
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 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
parts for F-14 fighter aircraft to a non-United States person or entity
may be issued by the United States Government.
Subtitle D--Reports
SEC. 1041. RENEWAL OF SUBMITTAL OF PLANS FOR PROMPT GLOBAL STRIKE
CAPABILITY.
Section 1032(b)(1) of the National Defense Authorization Act for
Fiscal Year 2004 (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. 1042. REPORT ON THREATS TO THE UNITED STATES FROM UNGOVERNED
AREAS.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly, in coordination with the Director of National
Intelligence, submit to Congress a report on the threats posed to the
United States from ungoverned areas, including the threats to the
United States from terrorist groups and individuals located in such
areas who direct their activities against the United States and its
allies.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the intelligence capabilities and
skills required by the United States Government to support
United States policy aimed at managing the threats described in
subsection (a), including, specifically, the technical,
linguistic, and analytical capabilities and the skills required
by the Department of Defense and the Department of State.
(2) An assessment of the extent to which the Department of
Defense and the Department of State possess the capabilities
described in paragraph (1) as well as the necessary resources
and organization to support United States policy aimed at
managing the threats described in subsection (a).
(3) A description of the extent to which the implementation
of Department of Defense Directive 3000.05, entitled ``Military
Support for Stability, Security, Transition, and Reconstruction
Operations'', will support United States policy for managing
such threats.
(4) A description of the actions, if any, to be taken to
improve the capabilities and skills of the Department of
Defense and the Department of State described in paragraph (1),
and the schedule for implementing any actions so described.
SEC. 1043. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM.
(a) Study Required.--The Secretary of Defense shall enter into an
agreement with an independent, non-profit, non-partisan organization to
conduct a study on the national security interagency system.
(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 180 days after the date on which the
Secretary makes funds available to the organization under subsection
(e) for purposes of the study.
(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.--
(1) In general.--Of the amount authorized to be
appropriated by section 301(5) for operation and maintenance
for Defense-wide activities, not more than $3,000,000 may be
available to carry out this section.
(2) Matching funding requirement.--The amount provided by
the Secretary for the agreement entered into under subsection
(a) may not exceed the value of contributions (whether money or
in-kind contributions) obtained and provided by the
organization for the study from non-government sources.
Subtitle E--Other Matters
SEC. 1061. REVISED NUCLEAR POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify
United States nuclear deterrence policy and strategy for the near term,
the Secretary of Defense shall conduct a comprehensive review of the
nuclear posture of the United States for the next 5 to 10 years. The
Secretary shall conduct the review in consultation with the Secretary
of Energy and the Secretary of State.
(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. 1062. TERMINATION OF COMMISSION ON THE IMPLEMENTATION OF THE NEW
STRATEGIC POSTURE OF THE UNITED STATES.
Section 1051 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3431) is repealed.
SEC. 1063. 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 department, agency, or element of the
intelligence community shall, not later than 15 days after receiving a
request from the Committee on Armed Services of the Senate or the
Committee on Armed Services of the House of Representatives for any
intelligence assessment, report, estimate, legal opinion, or other
intelligence information relating to matters within the jurisdiction of
such Committee, make available to such committee such assessment,
report, estimate, legal opinion, or other information, as the case may
be.
(b) Assertion of Privilege.--In response to a request covered by
subsection (a), the Director of the National Counterterrorism Center,
the Director of a national intelligence center, or the head of any
department, agency, or element of the intelligence community shall
provide the document or information covered by such request unless the
President certifies that such document or information is not being
provided because the President is asserting a privilege pursuant to the
Constitution of the United States.
(c) Independent Testimony of Intelligence Officials.--No officer,
department, agency, or element within the Executive branch shall have
any authority to require the head of any department, agency, or element
of the intelligence community, or any designate of such a head--
(1) to receive permission to testify before the Committee
on Armed Services of the Senate or the Committee on Armed
Services of the House of Representatives; or
(2) to submit testimony, legislative recommendations, or
comments to any officer or agency of the Executive branch for
approval, comments, or review prior to the submission of such
recommendations, testimony, or comments to the Committee on
Armed Services of the Senate or the Committee on Armed Services
of the House of Representatives if such testimony, legislative
recommendations, or comments include a statement indicating
that the views expressed therein are those of the head of the
department, agency, or element of the intelligence community
that is making the submission and do not necessarily represent
the views of the Administration.
SEC. 1064. REPEAL OF STANDARDS FOR DISQUALIFICATION FROM ISSUANCE OF
SECURITY CLEARANCES BY THE DEPARTMENT OF DEFENSE.
(a) Repeal.--Section 986 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 49 of such title is amended by striking the item relating to
section 986.
SEC. 1065. ADVISORY PANEL ON DEPARTMENT OF DEFENSE CAPABILITIES FOR
SUPPORT OF CIVIL AUTHORITIES AFTER CERTAIN INCIDENTS.
(a) In General.--The Secretary of Defense shall establish an
advisory panel to carry out an assessment of the capabilities of the
Department of Defense to provide support to United States civil
authorities in the event of a chemical, biological, radiological,
nuclear, or high-yield explosive (CBRNE) incident.
(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); and
(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).
(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. 1066. 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 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 continues to foster a spirit of
partnership and interoperability among the United States
military and the militaries of participating nations.
SEC. 1067. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE,
ARISING FROM ENACTMENT OF THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) References to Head of Intelligence Community.--
(1) References.--Title 10, United States Code, is amended
by striking ``Director of Central Intelligence'' each place it
appears in the following provisions and inserting ``Director of
National Intelligence'':
(A) Section 192(c)(2).
(B) Section 193.
(C) Section 201(a).
(D) Section 201(c)(1).
(E) Section 425(a).
(F) Section 426.
(G) Section 441.
(H) Section 443(d).
(I) Section 2273(b)(1).
(J) Section 2723(a).
(2) Caption amendments.--Title 10, United States Code, is
further amended by striking ``Director of Central
Intelligence'' each place it appears in the heading of the
following provisions and inserting ``Director of National
Intelligence'':
(A) Section 441(c).
(B) Section 443(d).
(b) References to Head of Central Intelligence Agency.--Title 10,
United States Code, is further amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of the Central Intelligence
Agency'':
(1) Section 431(b)(1).
(2) Section 444.
(3) Section 1089(g)(1).
(c) Other Amendments.--Section 201 of title 10, United States Code,
is further amended--
(1) in paragraph (1) of subsection (b), by striking
``Before submitting'' and all that follows and inserting ``In
the event of a vacancy in a position referred to in paragraph
(2), the making by the Secretary of Defense of a recommendation
to the President regarding the appointment of an individual to
such position shall be governed by the provisions of section
106(b) of the National Security Act of 1947 (50 U.S.C. 403-
6(b)), relating to the concurrence of the Director of National
Intelligence in appointments to positions in the intelligence
community.''; and
(2) in subsection (c), by striking ``National Foreign
Intelligence Program'' and inserting ``National Intelligence
Program''.
SEC. 1068. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE COORDINATION
COUNCIL.
(a) Establishment.--There is established in the Executive Office of
the President a National Foreign Language Coordination Council (in this
section referred to as the ``Council'').
(b) Membership.--The Council shall consist of the following members
or their designees:
(1) The National Language Director, who shall serve as the
chairperson of the Council.
(2) The Secretary of Education.
(3) The Secretary of Defense.
(4) The Secretary of State.
(5) The Secretary of Homeland Security.
(6) The Attorney General.
(7) The Director of National Intelligence.
(8) The Secretary of Labor.
(9) The Director of the Office of Personnel Management.
(10) The Director of the Office of Management and Budget.
(11) The Secretary of Commerce.
(12) The Secretary of Health and Human Services.
(13) The Secretary of the Treasury.
(14) The Secretary of Housing and Urban Development.
(15) The Secretary of Agriculture.
(16) The Chairman and President of the Export-Import Bank
of the United States.
(17) The heads of such other Federal agencies as the
Council considers appropriate.
(c) Responsibilities.--
(1) In general.--The Council shall be charged with--
(A) overseeing, coordinating, and implementing the
National Security Language Initiative;
(B) developing a national foreign language
strategy, building upon the efforts of the National
Security Language Initiative, within 18 months after
the date of the enactment of this Act, in consultation
with--
(i) State and local government agencies;
(ii) academic sector institutions;
(iii) foreign language related interest
groups;
(iv) business associations;
(v) industry;
(vi) heritage associations; and
(vii) other relevant stakeholders;
(C) conducting a survey of the status of Federal
agency foreign language and area expertise and agency
needs for such expertise; and
(D) monitoring the implementation of such strategy
through--
(i) application of current and recently
enacted laws; and
(ii) the promulgation and enforcement of
rules and regulations.
(2) Strategy content.--The strategy developed under
paragraph (1) shall include--
(A) recommendations for amendments to title 5,
United States Code, in order to improve the ability of
the Federal Government to recruit and retain
individuals with foreign language proficiency and
provide foreign language training for Federal
employees;
(B) the long term goals, anticipated effect, and
needs of the National Security Language Initiative;
(C) identification of crucial priorities across all
sectors;
(D) identification and evaluation of Federal
foreign language programs and activities, including--
(i) any duplicative or overlapping programs
that may impede efficiency;
(ii) recommendations on coordination;
(iii) program enhancements; and
(iv) allocation of resources so as to
maximize use of resources;
(E) needed national policies and corresponding
legislative and regulatory actions in support of, and
allocation of designated resources to, promising
programs and initiatives at all levels (Federal, State,
and local), especially in the less commonly taught
languages that are seen as critical for national
security and global competitiveness during the next 20
to 50 years;
(F) effective ways to increase public awareness of
the need for foreign language skills and career paths
in all sectors that can employ those skills, with the
objective of increasing support for foreign language
study among--
(i) Federal, State, and local leaders;
(ii) students;
(iii) parents;
(iv) elementary, secondary, and
postsecondary educational institutions; and
(v) employers;
(G) recommendations for incentives for related
educational programs, including foreign language
teacher training;
(H) coordination of cross-sector efforts, including
public-private partnerships;
(I) coordination initiatives to develop a strategic
posture for language research and recommendations for
funding for applied foreign language research into
issues of national concern;
(J) recommendations for assistance for--
(i) the development of foreign language
achievement standards; and
(ii) corresponding assessments for the
elementary, secondary, and postsecondary
education levels, including the National
Assessment of Educational Progress in foreign
languages;
(K) recommendations for development of--
(i) language skill-level certification
standards;
(ii) frameworks for pre-service and
professional development study for those who
teach foreign language;
(iii) suggested graduation criteria for
foreign language studies and appropriate non-
language studies, such as--
(I) international business;
(II) national security;
(III) public administration;
(IV) health care;
(V) engineering;
(VI) law;
(VII) journalism; and
(VIII) sciences;
(L) identification of and means for replicating
best practices at all levels and in all sectors,
including best practices from the international
community; and
(M) recommendations for overcoming barriers in
foreign language proficiency.
(3) National security language initiative.--The term
``National Security Language Initiative'' means the
comprehensive national plan of the President announced on
January 5, 2006, and under the direction of the Secretaries of
State, Education, and Defense and the Director of National
Intelligence to expand foreign language education for national
security purposes in the United States.
(d) Submission of Strategy to President and Congress.--Not later
than 18 months after the date of enactment of this section, the Council
shall prepare and transmit to the President and the relevant committees
of Congress the strategy required under subsection (c).
(e) Meetings.--The Council may hold such meetings, and sit and act
at such times and places, as the Council considers appropriate, but
shall meet in formal session at least 2 times a year. State and local
government agencies and other organizations (such as academic sector
institutions, foreign language-related interest groups, business
associations, industry, and heritage community organizations) shall be
invited, as appropriate, to public meetings of the Council at least
once a year.
(f) Staff.--
(1) In general.--The Director may--
(A) appoint, without regard to the provisions of
title 5, United States Code, governing the competitive
service, such personnel as the Director considers
necessary; and
(B) compensate such personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of that title.
(2) Detail of government employees.--Upon request of the
Council, any Federal Government employee may be detailed to the
Council without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege
(3) Experts and consultants.--With the approval of the
Council, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(4) Travel expenses.--Council members and staff shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Council.
(5) Security clearance.--
(A) In general.--Subject to subparagraph (B), the
appropriate Federal agencies or departments shall
cooperate with the Council in expeditiously providing
to the Council members and staff appropriate security
clearances to the extent possible pursuant to existing
procedures and requirements.
(B) Exception.--No person shall be provided with
access to classified information under this section
without the appropriate required security clearance
access.
(6) Compensation.--The rate of pay for any employee of the
Council (including the Director) may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(g) Powers.--
(1) Delegation.--Any member or employee of the Council may,
if authorized by the Council, take any action that the Council
is authorized to take in this section.
(2) Information.--
(A) Council authority to secure.--The Council may
secure directly from any Federal agency such
information, consistent with Federal privacy laws,
including The Family Educational Rights and Privacy Act
(20 U.S.C. 1232g) and Department of Education's General
Education Provisions Act (20 U.S.C. 1232(h)), the
Council considers necessary to carry out its
responsibilities.
(B) Requirement to furnish requested information.--
Upon request of the Director, the head of such agency
shall furnish such information to the Council.
(3) Donations.--The Council may accept, use, and dispose of
gifts or donations of services or property.
(4) Mail.--The Council may use the United States mail in
the same manner and under the same conditions as other Federal
agencies.
(h) Conferences, Newsletter, and Website.--In carrying out this
section, the Council--
(1) may arrange Federal, regional, State, and local
conferences for the purpose of developing and coordinating
effective programs and activities to improve foreign language
education;
(2) may publish a newsletter concerning Federal, State, and
local programs that are effectively meeting the foreign
language needs of the nation; and
(3) shall create and maintain a website containing
information on the Council and its activities, best practices
on language education, and other relevant information.
(i) Annual Report.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the Council
shall prepare and transmit to the President and the relevant
committees of Congress a report that describes--
(A) the activities of the Council;
(B) the efforts of the Council to improve foreign
language education and training; and
(C) impediments to the use of a National Foreign
Language program, including any statutory and
regulatory restrictions.
(2) Relevant committees.--For purposes of paragraph (1),
the relevant committees of Congress include--
(A) in the House of Representatives--
(i) the Committee on Appropriations;
(ii) the Committee on Armed Services;
(iii) the Committee on Education and Labor;
(iv) the Committee on Oversight and
Government Reform;
(v) the Committee on Small Business;
(vi) the Committee on Foreign Affairs; and
(vii) the Permanent Select Committee on
Intelligence;
(B) in the Senate--
(i) the Committee on Appropriations;
(ii) the Committee on Armed Services;
(iii) the Committee on Health, Education,
Labor, and Pensions;
(iv) the Committee on Homeland Security and
Governmental Affairs;
(v) the Committee on Foreign Relations; and
(vi) the Select Committee on Intelligence.
(j) Establishment of a National Language Director.--
(1) In general.--There is established a National Language
Director who shall be appointed by the President. The National
Language Director shall be a nationally recognized individual
with credentials and abilities across the sectors to be
involved with creating and implementing long-term solutions to
achieving national foreign language and cultural competency.
(2) Responsibilities.--The National Language Director
shall--
(A) develop and monitor the implementation of a
national foreign language strategy, built upon the
efforts of the National Security Language Initiative,
across all sectors;
(B) establish formal relationships among the major
stakeholders in meeting the needs of the Nation for
improved capabilities in foreign languages and cultural
understanding, including Federal, State, and local
government agencies, academia, industry, labor, and
heritage communities; and
(C) coordinate and lead a public information
campaign that raises awareness of public and private
sector careers requiring foreign language skills and
cultural understanding, with the objective of
increasing interest in and support for the study of
foreign languages among national leaders, the business
community, local officials, parents, and individuals.
(k) Encouragement of State Involvement.--
(1) State contact persons.--The Council shall consult with
each State to provide for the designation by each State of an
individual to serve as a State contact person for the purpose
of receiving and disseminating information and communications
received from the Council.
(2) State interagency councils and lead agencies.--Each
State is encouraged to establish a State interagency council on
foreign language coordination or designate a lead agency for
the State for the purpose of assuming primary responsibility
for coordinating and interacting with the Council and State and
local government agencies as necessary.
(l) Congressional Notification.--The Council shall provide to
Congress such information as may be requested by Congress, through
reports, briefings, and other appropriate means.
SEC. 1069. 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 an operational support service''
after ``transportation''; and
(2) by adding at the end the following new sentence: ``The
term `an operational support service' means a mission performed
by an aircraft operator that uses fixed or rotary winged
aircraft to provide a service other than transportation.''.
(b) Armed Forces Operational Mission.--Section 40125(c) of such
title is amended--
(1) in paragraph (1)(C), by inserting ``or an operational
support service'' after ``transportation''; and
(2) by adding at the end the following new paragraph:
``(3) Compliance with federal aviation regulations.--If the
Secretary of Defense (or the Secretary of the department in
which the Coast Guard is operating) does not make a designation
under paragraph (1)(C) with regard to a chartered aircraft, the
transportation or operational support service provided to the
armed forces by such aircraft shall be in compliance with the
Federal Aviation Regulations under title 14, Code of Federal
Regulations.''.
(c) Technical Corrections.--
(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)'' appears and inserting
``40102(a)(41)(E)''.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. COMPENSATION OF FEDERAL WAGE SYSTEM EMPLOYEES FOR CERTAIN
TRAVEL HOURS.
Section 5544(a) of title 5, United States Code, is amended in the
third sentence in the matter following paragraph (3) by inserting ``,
including travel by the employee to such event and the return of the
employee from such event to the employee's official duty station,''
after ``event''.
SEC. 1102. 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. 1103. CONTINUATION OF LIFE INSURANCE COVERAGE FOR FEDERAL
EMPLOYEES CALLED TO ACTIVE DUTY.
Section 8706(b) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(5) In the case of an employee enrolled in life insurance under
this chapter who is a member of a reserve component of the armed forces
called or ordered to active duty, is placed on leave without pay to
perform active duty pursuant to such call or order, and serves on
active duty pursuant to such call or order for a period of more than 30
consecutive days, the life insurance of the employee under this chapter
may continue for up to 24 months after discontinuance of pay by reason
of the performance of such active duty.''.
SEC. 1104. DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM.
(a) Exclusion of Wage-Grade Employees.--Subsection (b) of section
9902 of title 5, United States Code, is amended--
(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) not apply to any prevailing rate employees, as
defined in section 5342(a)(2);''.
(b) Clarification of Requirements Regarding Labor-Management
Relations.--
(1) In general.--Such section is further amended by
striking subsection (m).
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (f)(1)(D)(i), by inserting
``subject to the requirements of chapter 71,'' before
``develop a method''; and
(B) in subsection (g)(2)--
(i) in subparagraph (B), by inserting
``and'' at the end;
(ii) in subparagraph (C), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (D).
(3) Construction of pay establishment or adjustment.--
Subsection (e) of such section is amended by adding at the end
the following new paragraph:
``(6) Any rate of pay established or adjusted in accordance with
the requirements of this section shall be a matter covered by section
7103(a)(14)(C) of this title.''.
SEC. 1105. AUTHORITY TO WAIVE LIMITATION ON PREMIUM PAY FOR FEDERAL
CIVILIAN EMPLOYEES WORKING OVERSEAS UNDER AREAS OF UNITED
STATES CENTRAL COMMAND.
(a) Waiver Authority.--
(1) In general.--Notwithstanding section 5547 of title 5,
United States Code, during 2008, the head of an Executive
agency (as that term is defined in section 105 of title 5,
United States Code) may waive limitations on total
compensation, including limitations on the aggregate of basic
pay and premium pay payable in a calendar year, to an employee
who performs work while in an overseas location that is in the
area of responsibility of the Commander of the United States
Central Command in direct support of, or directly related to--
(A) a military operation, including a contingency
operation; or
(B) an operation in response to a declared
emergency.
(2) Limitation.--The total compensation payable to an
employee pursuant to a waiver under this subsection in a
calendar year may not exceed $212,100.
(b) Additional Pay Not Considered Basic Pay.--To the extent that a
waiver under subsection (a) results in payment of additional premium
pay of a type that is normally creditable as basic pay for retirement
or any other purpose, such additional pay shall not be considered to be
basic pay for any purpose, nor shall such additional pay be used in
computing a lump-sum payment for accumulated and accrued annual leave
under section 5551 of title 5, United States Code.
(c) Regulations.--The Director of the Office of Personnel
Management may prescribe regulations to ensure appropriate consistency
among heads of Executive agencies in the exercise of the authority
granted by this section.
SEC. 1106. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE OF DEFENSE
RESEARCH AND ENGINEERING POSITIONS IN EXPERIMENTAL
PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL.
Section 1101(b)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (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 new
subparagraph (D):
``(D) not more than a total of 20 scientific and
engineering positions in the Office of the Director of
Defense Research and Engineering;''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL TO ASSIST IN
ACCOUNTING FOR MISSING UNITED STATES PERSONNEL.
(a) In General.--Chapter 20 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 408. Equipment and training of foreign personnel to assist in
Department of Defense accounting for missing United
States personnel
``(a) In General.--The Secretary of Defense may, with the
concurrence of the Secretary of State, provide assistance to any
foreign nation to assist the Department of Defense with recovery of and
accounting for missing United States personnel.
``(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) Limitation.--The amount of assistance provided under this
section in any fiscal year may not exceed $1,000,000.
``(d) Construction With Other Assistance.--The authority to provide
assistance under this section is in addition to any other authority to
provide assistance to foreign nations under law.
``(e) Annual Reports.--(1) Not later than December 31 each year,
the Secretary of Defense shall submit to the congressional defense
committees a report on the assistance provided under this section
during the fiscal year ending in such year.
``(2) Each report under paragraph (1) shall include, for the fiscal
year covered by such report, the following:
``(A) A statement 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 personnel.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2007.
SEC. 1202. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR SECURITY AND
STABILIZATION ASSISTANCE.
(a) Increase in Amount of Authorized Assistance.--Subsection (b) of
section 1207 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3458) is amended by striking
``$100,000,000'' and inserting ``$200,000,000''.
(b) Program for Assistance.--Such section is further amended--
(1) by redesignating subsections (d), (e), and (f) as
subsection (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(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).''.
(c) One-Year Extension.--Subsection (g) of such section, as
redesignated by subsection (b) of this section, is amended by striking
``September 30, 2007'' and inserting ``September 30, 2008''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2007.
SEC. 1203. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Authority for Fiscal Year 2008.--During fiscal year 2008, from
funds made available to the Department of Defense for operation and
maintenance for such fiscal year, not to exceed $977,441,000 may be
used by the Secretary of Defense in such fiscal year to provide funds--
(1) for the Commanders' Emergency Response Program in Iraq
for the purpose of enabling United States military commanders
in Iraq to respond to urgent humanitarian relief and
reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately
assist the Iraqi people; and
(2) for a similar program to assist the people of
Afghanistan.
(b) Waiver Authority.--For purposes of exercising the authority
provided by this section or any other provision of law making funds
available for the Commanders' Emergency Response Program in Iraq or any
similar program to assist the people of Afghanistan, the Secretary may
waive any provision of law not contained in this section that would
(but for the waiver) prohibit, restrict, limit, or otherwise constrain
the exercise of that authority.
(c) Quarterly Reports.--Not later than 15 days after the end of
each fiscal-year quarter of fiscal year 2008, the Secretary shall
submit to the congressional defense committees a report regarding the
source of funds and the allocation and use of funds during that quarter
that were made available pursuant to the authority provided in this
section or under any other provision of law for the purposes of the
programs referred to in subsection (a).
(d) Submittal of Modifications of Guidance.--In the event any
modification is made after the date of the enactment of this Act in the
guidance issued to the Armed Forces by the Under Secretary of Defense
(Comptroller) on February 18, 2005, concerning the allocation of funds
through the Commanders' Emergency Response Program in Iraq and any
similar program to assist the people of Afghanistan, the Secretary
shall submit to the congressional defense committees a copy of such
modification not later than 15 days after the date of such
modification.
SEC. 1204. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON GLOBAL PEACE
OPERATIONS INITIATIVE.
(a) Report Required.--Not later than March 1, 2008, the Comptroller
General of the United States shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a report
assessing the Global Peace Operations Initiative.
(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.
Subtitle B--Other Authorities and Limitations
SEC. 1211. COOPERATIVE OPPORTUNITIES DOCUMENTS UNDER COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO
ORGANIZATIONS AND OTHER ALLIED AND FRIENDLY FOREIGN
COUNTRIES.
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. 1212. EXTENSION AND EXPANSION OF TEMPORARY AUTHORITY TO USE
ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND
MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND
SURVIVABILITY.
(a) Expansion to Nations Engaged in Certain Peacekeeping
Operations.--Subsection (a) of section 1202 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (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. 1213. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF PALAU FOR COSTS
OF MILITARY CIVIC ACTION TEAMS.
Section 104(a) of Public Law 99-658 (48 U.S.C. 1933(a)) is
amended--
(1) by inserting ``(1)'' before ``In recognition''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may accept from the Government of
Palau the amount available for the use of the Government of Palau under
paragraph (1). Any amount so accepted by the Secretary under this
paragraph shall be credited to the appropriation or account available
to the Department of Defense for the Civic Action Team with respect to
which such amount is so accepted. Amounts so credited shall be merged
with the appropriation or account to which credited, and shall be
available to the Civic Action Team for the same purposes, and subject
to the same conditions and limitations, as the appropriation or account
with which merged.''.
SEC. 1214. EXTENSION OF PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN
MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.
(a) Extension of Participation.--Section 1205 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2416) is amended--
(1) in subsection (a), by striking ``fiscal year 2007'' and
inserting ``during fiscal years 2007 and 2008''; and
(2) in subsection (e)(2), by inserting ``or 2008'' after
``in fiscal year 2007''.
(b) Reporting Requirements.--Subsection (g) of such section is
amended--
(1) in paragraph (1)--
(A) by striking ``October 31, 2007,'' and inserting
``October 31 of each of 2007 and 2008,''; and
(B) by striking ``fiscal year 2007'' and inserting
``fiscal year 2007 or 2008, as applicable''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``The report'' and
inserting ``Each report''; and
(ii) by inserting ``, for the fiscal year
covered by such report,'' after ``shall
include''; and
(B) in subparagraph (A), by striking ``fiscal year
2007''.
SEC. 1215. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF THAILAND.
(a) Limitation.--Notwithstanding any other provision of law, no
funds authorized to be appropriated by this Act may be obligated or
expended to provide direct assistance to the Government of Thailand
unless the President certifies to the congressional defense committees
that a democratically-elected government has taken office in Thailand
on or after October 1, 2007.
(b) Exception.--The limitation in subsection (a) shall not apply
with respect to funds as follows:
(1) Amounts authorized to be appropriated for Overseas
Humanitarian, Disaster, and Civic Aid.
(2) Amounts otherwise authorized to be appropriated by this
Act and available for humanitarian or emergency assistance for
other nations.
(c) Waiver.--The President may waive the limitation in subsection
(a) if the President certifies to the congressional defense committees
in writing that the waiver of the limitation is in the national
security interests of the United States.
SEC. 1216. PRESIDENTIAL REPORT ON POLICY OBJECTIVES AND UNITED STATES
STRATEGY REGARDING IRAN.
Not more than 75 percent of the amount authorized to be
appropriated by this Act and available for the Office of the Under
Secretary of Defense for Policy may be obligated or expended for that
purpose until the President submits to Congress the report required by
section 1213(b) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2422).
SEC. 1217. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS PENDING
IMPLEMENTATION OF REQUIREMENTS REGARDING NORTH KOREA.
Notwithstanding any other provision of law, no funds authorized to
be appropriated for the Department of Defense by this Act or any other
Act for the provision of security and stabilization assistance as
authorized by section 1207 of the National Defense Authorization Act
for Fiscal Year 2006 (as amended by section 1202 of this Act) may be
obligated or expended for that purpose until the President certifies to
Congress that all the provisions of section 1211 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-163; 120 Stat. 2420) have been or are being carried out.
Subtitle C--Reports
SEC. 1231. REPORTS ON UNITED STATES POLICY AND MILITARY OPERATIONS IN
AFGHANISTAN.
(a) Reports Required.--Not later than 60 days after the date of the
enactment of this Act and every 180 days thereafter through the end of
fiscal year 2009, the President shall submit to the congressional
defense committees a report on United States policy and military
operations in Afghanistan.
(b) Elements.--Each report required by subsection (a) shall include
the following:
(1) A comprehensive strategy, coordinated between and among
the departments and agencies of the United States Government,
for achieving the objectives of United States policy and
military operations in Afghanistan.
(2) A description of current and proposed efforts to assist
the Government of Afghanistan in increasing the size and
capability of the Afghan Security Forces, including key
criteria for measuring the capabilities and readiness of the
Afghan National Army, the Afghan National Police, and other
Afghan security forces.
(3) A description of current and proposed efforts of the
United States Government to work with coalition partners to
strengthen the International Security Assistance Force (ISAF)
led by the North Atlantic Treaty Organization (NATO) in
Afghanistan, including efforts--
(A) to encourage North Atlantic Treaty Organization
members to make or fulfill commitments to meet North
Atlantic Treaty Organization mission requirements with
respect to the International Security Assistance Force;
and
(B) to remove national restrictions on the use of
forces of members of the North Atlantic Treaty
Organization deployed as part of the International
Security Assistance Force mission.
(4) A description of current and proposed efforts to
improve provincial governance and expand economic development
in the provinces of Afghanistan, including--
(A) a statement of the mission and objectives of
the Provincial Reconstruction Teams in Afghanistan;
(B) a description of the number, funding (including
the sources of funding), staffing requirements, and
current staffing levels of the Provincial
Reconstruction Teams, set forth by United States
Government agency;
(C) an evaluation of the effectiveness of each
Provincial Reconstruction Team, including each team
under the command of the United States and each team
under the command of the International Security
Assistance Force, in achieving its mission and
objectives; and
(D) a description of the collaboration, if any,
between the United States Agency for International
Development and Special Operations Forces in such
efforts, and an assessment of the results of such
collaboration.
(5) With respect to current counternarcotics efforts in
Afghanistan--
(A) a description of the counternarcotics plan of
the United States Government in Afghanistan, including
a statement of priorities among United States
counterdrug activities (including interdiction,
eradication, and alternative livelihood programs)
within that plan, and a description of the specific
resources allocated for each such activity;
(B) a description of the counternarcotics roles and
missions assumed by the local and provincial
governments of Afghanistan, the Government of
Afghanistan, particular departments and agencies of the
United States Government, the International Security
Assistance Force, and other governments;
(C) a description of the extent, if any, to which
counternarcotics operations in or with respect to
Afghanistan have been determined to constitute a United
States military mission, and the justification for that
determination;
(D) a description of United States efforts to
destroy drug manufacturing facilities; and
(E) a description of United States efforts to
apprehend or eliminate major drug traffickers in
Afghanistan, and a description of the extent to which
such drug traffickers are currently assisting United
States counterterrorist efforts.
(6) A description of current and proposed efforts to help
the Government of Afghanistan fight public corruption and
strengthen the rule of law.
(7) A description of current and proposed diplomatic and
other efforts to encourage and assist the Government of
Pakistan to eliminate safe havens for Taliban, Al Qaeda, and
other extremists within the territory of Pakistan which
threaten the stability of Afghanistan, and an evaluation of the
cooperation of the Government of Pakistan in eliminating such
safe havens.
(c) Form.--Each report required by subsection (a) shall be
submitted in unclassified form to the maximum extent practicable, but
may include a classified annex.
SEC. 1232. STRATEGY FOR ENHANCING SECURITY IN AFGHANISTAN BY
ELIMINATING SAFE HAVENS FOR VIOLENT EXTREMISTS IN
PAKISTAN.
(a) Findings.--Congress makes the following findings:
(1) Since September 11, 2001, the Government of Pakistan
has been an important partner in helping the United States
remove the Taliban regime from Afghanistan.
(2) In early September 2006, the Government of Pakistan
signed a peace agreement with pro-Taliban militants in
Miramshah, North Waziristan, Pakistan. Under the agreement,
local tribesmen in North Waziristan agreed to halt cross-border
movement of pro-Taliban insurgents from the North Waziristan
area to Afghanistan and to remove all foreigners who do not
respect the peace and abide by the agreement.
(3) In late September 2006, United States military
officials in Kabul, Afghanistan, reported two-fold, and in
cases three-fold, increases in the number of cross-border
attacks along the Afghanistan border with Pakistan in the weeks
following the signing of the agreement referred to in paragraph
(2).
(4) On February 13, 2007, Lieutenant General Karl W.
Eikenberry, the former commanding general of Combined Forces
Command--Afghanistan, stated in a written statement to the
Committee on Armed Services of the House of Representatives
that ``Al Qaeda and Taliban leadership presence inside Pakistan
remains a significant problem that must be satisfactorily
addressed if we are to prevail in Afghanistan and if we are to
defeat the global threat posed by international terrorism''.
(5) On February 27, 2007, John McConnell, the Director of
National Intelligence, stated in a written statement to the
Committee on Armed Services of the Senate that ``[e]liminating
the safehaven that the Taliban and other extremists have found
in Pakistan's tribal areas is not sufficient to end the
insurgency in Afghanistan but it is necessary''.
(b) Strategy Relating to Pakistan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
congressional defense committees a report describing the long-
term strategy of the United States to engage with the
Government of Pakistan--
(A) to prevent the movement of Taliban, Al Qaeda,
and other violent extremist forces across the border of
Pakistan into Afghanistan; and
(B) to eliminate safe havens for such forces on the
national territory of Pakistan.
(2) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
(c) Limitation on Availability of Department of Defense Coalition
Support Funds for Pakistan.--
(1) Limitation.--For fiscal years 2008 and 2009, the
Government of Pakistan may not be reimbursed in any fiscal year
quarter for the provision to the United States of logistical,
military, or other support utilizing funds appropriated or
otherwise made available by an Act making supplemental
appropriations for fiscal year 2007 for operations in Iraq and
Afghanistan, or any other Act, for the purpose of making
payments to reimburse key cooperating nations for the provision
to the United States of such support unless the President
certifies to the congressional defense committees for such
fiscal year quarter that the Government of Pakistan is making
substantial and sustained efforts to eliminate safe havens for
the Taliban, Al Qaeda and other violent extremists in areas
under its sovereign control, including in the cities of Quetta
and Chaman and in the Northwest Frontier Province and the
Federally Administered Tribal Areas.
(2) Content of certification.--Each certification submitted
under paragraph (1) shall include a detailed description of the
efforts made by the Government of Pakistan to eliminate safe
havens for the Taliban, Al Qaeda, and other violent extremists
in areas under its sovereign control.
(3) Form.--Each certification submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(4) Waiver.--The President may waive the limitation on
reimbursements under paragraph (1) for a fiscal year quarter if
the President determines and certifies to the congressional
defense committees that it is important to the national
security interest of the United States to do so.
SEC. 1233. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS RELATING TO
THE BOMBING OF THE LABELLE DISCOTHEQUE.
Section 1225(b)(2) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465) is amended by
striking ``Not later than one year after enactment of this Act,'' and
inserting ``Not later than each of January 6, 2007, and January 7,
2008,''.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501(b)
of the National Defense Authorization Act for Fiscal Year 1997 (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,
$102,885,000.
(2) For nuclear weapons storage security in Russia,
$22,988,000.
(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,
$51,986,000.
(5) For biological weapons proliferation prevention in the
former Soviet Union, $194,489,000.
(6) For chemical weapons destruction in Russia, $1,000,000.
(7) For threat reduction outside the former Soviet Union,
$10,000,000.
(8) For defense and military contacts, $8,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $19,000,000.
(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 safe and
secure transportation and storage, of biological, or chemical
weapons, materials, weapons components, or weapons-related
materials.
``(2) Programs to prevent the proliferation of nuclear,
chemical, or biological weapons, weapons components, and
weapons-related military technology and expertise.
``(3) Programs to facilitate detection and reporting of
highly pathogenic diseases or other diseases that are
associated with or that could be utilized as an early warning
mechanism for disease outbreaks that could impact the Armed
Forces of the United States or allies of the United States.''.
SEC. 1304. MODIFICATION OF AUTHORITY TO USE COOPERATIVE THREAT
REDUCTION FUNDS OUTSIDE THE FORMER SOVIET UNION.
Section 1308 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1662; 22 U.S.C. 5963) is
amended--
(1) in subsection (a), by striking ``the President'' the
second place it appears and inserting ``the Secretary of
Defense, with the concurrence of the Secretary of State,''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``the President''
the second place it appears and inserting ``the
Secretary of Defense, with the concurrence of the
Secretary of State,''; and
(B) in paragraph (2), by striking ``the President''
and inserting ``the Secretary of Defense and the
Secretary of State''.
SEC. 1305. 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. 1306. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF
PROLIFERATION OF BIOLOGICAL WEAPONS.
(a) Study Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into an
arrangement with the National Academy of Sciences under which the
Academy shall carry out a study to identify areas for cooperation with
states other than states of the former Soviet Union under the
Cooperative Threat Reduction program of the Department of Defense in
the prevention of proliferation of biological weapons.
(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 trends in the biological sciences and
biotechnology that will affect the capabilities of governments
of developing countries to control the containment and use of
dual-use technologies of potential interest to terrorist
organizations or individuals with hostile intentions.
(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 review of programs of the United States Government
and other governments, international organizations,
foundations, and other private sector entities used in
developing countries that are not states of the former Soviet
Union that may contribute to the prevention of the
proliferation of biological weapons.
(4) Recommendations on steps for integrating activities of
the Cooperative Threat Reduction program relating to the
prevention of the proliferation of biological weapons with
activities of other departments and agencies of the United
States addressing problems and opportunities in developing
countries that are not states of the former Soviet Union.
(c) Report.--
(1) In general.--Not later than December 31, 2008, the
Secretary shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the study carried out under
subsection (a).
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) The results of the study carried out under
subsection (a), including any report received by the
Secretary from the National Academy of Sciences on the
study.
(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.
(d) Funding.--Of the amount authorized to be appropriated by
section 301(18) for Cooperative Threat Reduction programs, not more
than $2,500,000 may be obligated or expended to carry out this section.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(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 $1,044,194,000.
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 $22,543,124,000,
of which--
(1) $22,044,381,000 is for Operation and Maintenance;
(2) $136,482,000 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 $1,491,724,000, of
which--
(1) $1,186,452,000 is for Operation and Maintenance;
(2) $274,846,000 is for Research, Development, Test, and
Evaluation; and
(3) $30,426,000 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 $959,322,000.
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.
SEC. 1407. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS FROM
LOWER INFLATION.
(a) Reduction.--The aggregate amount authorized to be appropriated
by this division is the amount equal to the sum of all the amounts
authorized to be appropriated by the provisions of this division
reduced by $1,627,000,000, to be allocated as follows:
(1) Procurement.--The aggregate amount authorized to be
appropriated by title I is hereby reduced by $601,000,000.
(2) Research, development, test, and evaluation.--The
aggregate amount authorized to be appropriated by title II is
hereby reduced by $451,000,000.
(3) Operation and maintenance.--The aggregate amount
authorized to be appropriated by title III is hereby reduced by
$554,000,000.
(4) Other authorizations.--The aggregate amount authorized
to be appropriated by title XIV is hereby reduced by
$21,000,000.
(b) Source of Savings.--Reductions required in order to comply with
subsection (a) shall be derived from savings resulting from lower-than-
expected inflation as a result of the difference between the inflation
assumptions used in the Concurrent Resolution on the Budget for Fiscal
Year 2008 when compared with the inflation assumptions used in the
budget of the President for fiscal year 2008, as submitted to Congress
pursuant to section 1005 of title 31, United States Code.
(c) Allocation of Reductions.--The Secretary of Defense shall
allocate the reductions required by this section among the amounts
authorized to be appropriated for accounts in titles I, II, III, and
XIV to reflect the extent to which net savings from lower-than-expected
inflations are allocable to amounts authorized to be appropriated to
such accounts.
Subtitle B--National Defense Stockpile
SEC. 1411. DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized.--The Secretary of Defense may dispose of
up to 50,000 tons of ferromanganese from the National Defense Stockpile
during fiscal year 2008.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense completes the
disposal of the total quantity of ferromanganese authorized for
disposal by subsection (a) before September 30, 2008, the
Secretary of Defense may dispose of up to an additional 25,000
tons of ferromanganese from the National Defense Stockpile
before that date.
(2) Additional amounts.--If the Secretary completes the
disposal of the total quantity of additional ferromanganese
authorized for disposal by paragraph (1) before September 30,
2008, the Secretary may dispose of up to an additional 25,000
tons of ferromanganese from the National Defense Stockpile
before that date.
(c) Certification.--The Secretary of Defense may dispose of
ferromanganese under the authority of paragraph (1) or (2) of
subsection (b) only if the Secretary submits written certification to
the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives, not later than 30 days
before the commencement of disposal under the applicable paragraph,
that--
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile is in the interest of national
defense;
(2) the disposal of the additional ferromanganese will not
cause disruption to the usual markets of producers and
processors of ferromanganese in the United States; and
(3) the disposal of the additional ferromanganese is
consistent with the requirements and purpose of the National
Defense Stockpile.
(d) Delegation of Responsibility.--The Secretary of Defense may
delegate the responsibility of the Secretary under subsection (c) to an
appropriate official within the Department of Defense.
(e) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
SEC. 1412. DISPOSAL OF CHROME METAL.
(a) Disposal Authorized.--The Secretary of Defense may dispose of
up to 500 short tons of chrome metal from the National Defense
Stockpile during fiscal year 2008.
(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 written certification to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives, not later than 30 days before the
commencement of disposal under the applicable paragraph, that--
(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) Delegation of Responsibility.--The Secretary of Defense may
delegate the responsibility of the Secretary under subsection (c) to an
appropriate official within the Department of Defense.
(e) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
SEC. 1413. MODIFICATION OF RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED
DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.
(a) Fiscal Year 2000 Disposal Authority.--Paragraph (5) of section
3402(b) of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 50 U.S.C. 98d note), as amended by section 3302(b)
of the National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3546), is further amended by striking
``$600,000,000 before'' and inserting ``$729,000,000 by''.
(b) Fiscal Year 1999 Disposal Authority.--Paragraph (7) of 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(a) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2513), is
further amended to read as follows:
``(7) $1,469,102,000 by the end of fiscal year 2015.''.
Subtitle C--Civil Programs
SEC. 1421. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2008
from the Armed Forces Retirement Home Trust Fund the sum of $61,624,000
for the operation of the Armed Forces Retirement Home.
Subtitle D--Chemical Demilitarization Matters
SEC. 1431. MODIFICATION OF TERMINATION REQUIREMENT FOR CHEMICAL
DEMILITARIZATION CITIZENS' ADVISORY COMMISSIONS.
(a) Modification.--Subsection (h) of section 172 of the National
Defense Authorization Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is
amended by striking ``after the stockpile located in that commission's
State has been destroyed'' and inserting ``upon the earlier of--
``(1) the completion of closure activities for the chemical
agent destruction facility in the commission's State as
required pursuant to regulations promulgated by the
Administrator of the Environmental Protection Agency pursuant
to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or
``(2) the request of the Governor of the commission's
State.''.
(b) Technical Amendments.--Subsections (b), (f), and (g) of such
section are each amended by striking ``Assistant Secretary of the Army
(Research, Development, and Acquisition)'' and inserting ``Assistant
Secretary of the Army (Acquisition, Logistics, and Technology)''.
SEC. 1432. REPEAL OF CERTAIN QUALIFICATIONS REQUIREMENT FOR DIRECTOR OF
CHEMICAL DEMILITARIZATION MANAGEMENT ORGANIZATION.
Section 1412(e)(3) of the Department of Defense Authorization Act,
1986 (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. 1433. 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) 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.
(5) The elimination of chemical weapons anywhere they exist
in the world, and the prevention of their proliferation, is of
utmost importance to the national security of the United
States.
(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.
(C) A description of the funding required to
achieve each of the options for destruction described
under subparagraph (B).
(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.
TITLE XV--OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Subtitle A--Authorization of Additional War-Related Appropriations
SEC. 1501. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008
for procurement accounts of the Army in amounts as follows:
(1) For aircraft procurement, $890,786,000.
(2) For missiles, $492,734,000.
(3) For weapons and tracked combat vehicles procurement,
$1,249,177,000.
(4) For ammunition, $303,000,000.
(5) For other procurement, $10,310,055,000.
SEC. 1502. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2008 for procurement accounts for the Navy in amounts as
follows:
(1) For aircraft procurement, $2,263,018,000.
(2) For weapons procurement, $251,281,000.
(3) For other procurement, $814,311,000.
(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 $4,236,140,000.
(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
$590,090,000.
SEC. 1503. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008
for procurement accounts for the Air Force in amounts as follows:
(1) For aircraft procurement, $2,069,009,000.
(2) For ammunition, $74,005,000.
(3) For missile procurement, $1,800,000.
(4) For other procurement, $4,163,450,000.
SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the procurement account for Defense-wide in the amount of
$593,768,000.
SEC. 1505. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $121,653,000.
(2) For the Navy, $370,798,000.
(3) For the Air Force, $922,791,000.
(4) For Defense-wide activities, $535,087,000.
SEC. 1506. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $45,519,264,000.
(2) For the Navy, $5,190,000,000.
(3) For the Marine Corps, $4,013,093,000.
(4) For the Air Force, $10,532,630,000.
(5) For Defense-wide activities, $5,976,216,000.
(6) For the Army Reserve, $158,410,000.
(7) For the Navy Reserve, $69,598,000.
(8) For the Marine Corps Reserve, $68,000,000.
(9) For the Army National Guard, $466,150,000.
(10) For the Air National Guard, $31,168,000.
SEC. 1507. MILITARY PERSONNEL.
There is hereby authorized to be appropriated for fiscal year 2008
for the Department of Defense for military personnel in amounts as
follows:
(1) For the Army, $9,140,516,000.
(2) For the Navy, $752,089,000.
(3) For the Marine Corps, $817,475,000.
(4) For the Air Force, $1,411,890,000.
(5) For the Army Reserve, $235,000,000.
(6) For the Navy Reserve, $70,000,000.
(7) For the Marine Corps Reserve, $15,420,000.
(8) For the Air Force Reserve, $3,000,000.
(9) For the Army National Guard, $476,584,000.
SEC. 1508. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the Department of Defense for expenses, not otherwise provided for,
for the Defense Health Program, in the amount of $1,022,842,000, for
operation and maintenance.
SEC. 1509. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the Department of Defense for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the
amount of $257,618,000.
SEC. 1510. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Authorization of Appropriation.--Funds are hereby authorized
for fiscal year 2008 for the Joint Improvised Explosive Device Defeat
Fund in the amount of $4,500,000,000.
(b) Use of Funds.--Funds appropriated pursuant to subsection (a)
shall be available to the Secretary of Defense for the purpose of
allowing the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop, and provide equipment, supplies,
services, training, facilities, personnel, and funds to assist United
States forces in the defeat of improvised explosive devices.
(c) Transfer Authority.--
(1) Transfers authorized.--Amounts authorized to be
appropriated by subsection (a) may be transferred from the
Joint Improvised Explosive Device Defeat Fund to any of the
following accounts and funds of the Department of Defense to
accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation
accounts.
(E) Defense working capital funds.
(2) Additional transfer authority.--The transfer authority
provided by paragraph (1) is in addition to any other transfer
authority available to the Department of Defense.
(3) Transfers back to the fund.--Upon determination that
all or part of the funds transferred from the Joint Improvised
Explosive Device Defeat Fund under paragraph (1) are not
necessary for the purpose provided, such funds may be
transferred back to the Joint Improvised Explosive Device
Defeat Fund.
(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.
(d) Notice to Congress.--Funds may not be obligated from the Joint
Improvised Explosive Device Defeat Fund, or transferred under the
authority provided in subsection (c)(1), until five days after the date
on which the Secretary of Defense notifies the congressional defense
committees in writing of the details of the proposed obligation or
transfer.
(e) Management Plan.--
(1) Plan required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a plan for the
intended management and use of the Joint Improvised Explosive
Device Defeat Fund.
(2) Matter to be included.--The plan required by paragraph
(1) shall include an update of the plan required in the
paragraph under the heading ``Joint Improvised Explosive Device
Defeat Fund'' in chapter 2 of title I of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
Stat. 424), including identification of--
(A) year-to-date transfers and obligations; and
(B) projected transfers and obligations through
September 30, 2008.
(f) Quarterly Reports.--Not later than 30 days after the end of
each fiscal-year quarter, the Secretary of Defense shall submit to the
congressional defense committees a report summarizing the detail of any
obligation or transfer of funds from the Joint Improvised Explosive
Device Defeat Fund plan required by subsection (e).
(g) Duration of Authority.--Amounts appropriated to the Joint
Improvised Explosive Device Defeat Fund are available for obligation or
transfer from the Fund until September 30, 2009.
SEC. 1511. IRAQ SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2008 for the Iraq Security Forces
Fund in the amount of $2,000,000,000.
(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 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 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. 1512. AFGHANISTAN SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2008 for the Afghanistan Security
Forces Fund in the amount of $2,700,000,000.
(b) Use of Funds.--
(1) In general.--Funds authorized to be appropriated by
subsection (a) shall be available to the Secretary of Defense
for the purpose of allowing the Commander, Office of Security
Cooperation-Afghanistan, to provide assistance to the security
forces of Afghanistan.
(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 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 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. 1513. IRAQ FREEDOM FUND.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2008 for the Iraq Freedom Fund in the amount of
$107,500,000.
(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. 1514. DEFENSE WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for the Defense Working
Capital Funds in the amount of $1,676,275,000.
SEC. 1515. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the National Defense Sealift Fund in the amount of $5,100,000.
SEC. 1516. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2008
for the Department of Defense for expenses, not otherwise provided for,
for the Office of Inspector General of the Department of Defense in the
amount of $4,394,000, for Operation and Maintenance.
Subtitle B--General Provisions Relating to Authorizations
SEC. 1521. PURPOSE.
The purpose of this title is to authorize additional appropriations
for the Department of Defense for fiscal year 2008 for the incremental
costs of Operation Iraqi Freedom and Operation Enduring Freedom.
SEC. 1522. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1523. 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.
Subtitle C--Other Matters
SEC. 1531. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for a purpose
as follows:
(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. 1532. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT
PROVIDED TO UNITED STATES MILITARY OPERATIONS.
(a) Authority.--From funds made available for the Department of
Defense by section 1506 for operation and maintenance, Defense-wide
activities, the Secretary of Defense may reimburse any key cooperating
nation for logistical and military support provided by that nation to
or in connection with United States military operations in Operation
Iraqi Freedom or Operation Enduring Freedom.
(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. 1533. LOGISTICAL SUPPORT FOR COALITION FORCES SUPPORTING
OPERATIONS IN IRAQ AND AFGHANISTAN.
(a) Availability of Funds for Logistical Support.--Subject to the
provisions of this section, amounts available to the Department of
Defense for fiscal year 2008 for operation and maintenance may be used
to provide supplies, services, transportation (including airlift and
sealift), and other logistical support to coalition forces supporting
United States military and stabilization operations in Iraq and
Afghanistan.
(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.
SEC. 1534. COMPETITION FOR PROCUREMENT OF SMALL ARMS SUPPLIED TO IRAQ
AND AFGHANISTAN.
(a) Competition Requirement.--For the procurement of pistols and
other weapons described in subsection (b), the Secretary of Defense
shall ensure, consistent with the provisions of 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.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2008''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................... Anniston Army Depot............................... $26,000,000
Redstone Arsenal.................................. $20,000,000
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................................... Eglin Air Force Base.............................. $66,000,000
Miami Doral....................................... $237,000,000
Georgia................................... Fort Benning...................................... $185,800,000
Fort Stewart/Hunter Army Air Field................ $123,500,000
Hawaii.................................... Fort Shafter...................................... $31,000,000
Schofield Barracks................................ $88,000,000
Wheeler Army Air Field............................ $51,000,000
Illinois.................................. Rock Island Arsenal............................... $3,350,000
Kansas.................................... Fort Leavenworth.................................. $90,800,000
Fort Riley........................................ $138,300,000
Kentucky.................................. Fort Campbell..................................... $105,000,000
Fort Knox......................................... $6,700,000
Louisiana................................. Fort Polk......................................... $15,900,000
Maryland.................................. Aberdeen Proving Ground........................... $12,200,000
Michigan.................................. Detroit Arsenal................................... $18,500,000
Missouri.................................. Fort Leonard Wood................................. $125,650,000
Nevada.................................... Hawthorne Army Ammunition Plant................... $11,800,000
New Mexico................................ White Sands Missile Range......................... $71,000,000
New York.................................. Fort Drum......................................... $291,000,000
North Carolina............................ Fort Bragg........................................ $275,600,000
Oklahoma.................................. Fort Sill......................................... $6,200,000
South Carolina............................ Fort Jackson...................................... $85,000,000
Texas..................................... Camp Bullis....................................... $1,600,000
Fort Bliss........................................ $111,900,000
Fort Hood......................................... $145,400,000
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.......................................... $16,700,000
Fort Myer......................................... $20,800,000
Washington................................ Fort Lewis........................................ $164,600,000
Yakima Training Center............................ $29,000,000
----------------------------------------------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Bulgaria..................... Nevo Selo FOS............ $61,000,000
Germany...................... Grafenwoehr.............. $62,000,000
Honduras..................... Soto Cano Air Base....... $2,550,000
Italy........................ Vicenza.................. $173,000,000
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
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
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
$5,218,067,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $3,254,250,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $295,150,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$23,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $333,947,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $419,400,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $742,920,000.
(6) For the construction of increment 3 of a barracks
complex at Fort Bragg, North Carolina, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3485), $47,400,000.
(7) For the construction of increment 2 of a barracks
complex at Fort Lewis, Washington, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of 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),
$102,000,000.
(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) $204,000,000 (the balance of the amount authorized
under section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (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)), for
construction of a brigade complex for Fort Lewis, Washington).
(3) $37,000,000 (the balance of the amount authorized under
section 2101(b) for construction of a brigade complex
operations support facility at Vicenza, Italy).
(4) $36,000,000 (the balance of the amount authorized under
section 2101(b) for construction of a brigade complex barracks
and community support facility at Vicenza, Italy).
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. 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. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECT.
(a) Extension and Renewal.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2005 (division
B of 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, 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. 2108. TECHNICAL AMENDMENTS TO THE MILITARY CONSTRUCTION
AUTHORIZATION ACT FOR 2007.
(a) Technical Amendment To Specify Location of Project in
Romania.--The table in section 2101(b) of the Military Construction
Authorization Act for 2007 (division B of Public Law 109-364; 120 Stat.
2446) is amended by striking ``Babadag Range'' and inserting ``Mihail
Kogalniceanu Air Base''.
(b) Technical Amendment To Correct Printing Error Relating to Army
Family Housing.--The table in section 2102(a) of the Military
Construction Authorization Act for 2007 (division B of Public Law 109-
364; 120 Stat. 2446) is amended by striking ``Fort McCoyine'' and
inserting ``Fort McCoy''.
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.
(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
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................... Outlying Field Evergreen.......................... $9,560,000
Arizona................................... Marine Corps Air Station, Yuma.................... $33,720,000
California................................ Marine Corps Base, Camp Pendleton................. $366,394,000
Marine Corps Air Station, Miramar................. $26,760,000
Naval Station, San Diego.......................... $23,630,000
Marine Corps Base, Twentynine Palms............... $147,059,000
Connecticut............................... Naval Submarine Base, New London.................. $11,900,000
Florida................................... Marine Corps Logistics Base, Blount Island........ $7,570,000
Cape Canaveral.................................... $9,900,000
Naval Surface Warfare Center, Panama City......... $13,870,000
Hawaii.................................... Marine Corps Air Station, Kaneohe................. $37,961,000
Naval Base, Pearl Harbor.......................... $99,860,000
Naval Shipyard, Pearl Harbor...................... $30,200,000
Naval Station Pearl Harbor, Wahiawa............... $65,410,000
Illinois.................................. Naval Training Center, Great Lakes................ $10,221,000
Indiana................................... Naval Support Activity, Crane..................... $12,000,000
Maryland.................................. Naval Air Warfare Center, Patuxent River.......... 38,360,000
Maine..................................... Naval Shipyard, Portsmouth........................ $9,700,000
Mississippi............................... Naval Air Station, Meridian....................... $6,770,000
Nevada.................................... Naval Air Station, Fallon......................... $11,460,000
New Jersey................................ Naval Air Station, Lakehurst...................... $4,100,000
North Carolina............................ Marine Corps Air Station, Cherry Point............ $28,610,000
Marine Corps Air Station, New River............... $54,430,000
Marine Corps Base, Camp Lejeune................... $278,070,000
Rhode Island.............................. Naval Station, Newport............................ $9,990,000
South Carolina............................ Marine Corps Air Station, Beaufort................ $6,800,000
Marine Corps Recruit Depot, Parris Island......... $55,282,000
Texas..................................... Naval Air Station, Corpus Christi................. $14,290,000
Virginia.................................. Naval Support Activity, Chesapeake................ $8,450,000
Naval Station, Norfolk............................ $79,560,000
Marine Corps Base, Quantico....................... $50,519,000
Washington................................ Naval Station, Bremerton.......................... $119,760,000
Naval Station, Everett............................ $10,940,000
Naval Air Station, Whidbey Island................. $23,910,000
----------------------------------------------------------------------------------------------------------------
(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...................... Naval Support Activity, $35,500,000
Bahrain.
Diego Garcia................. Naval Support Facility, $7,150,000
Diego Garcia.
Djibouti..................... Camp Lemonier............ $22,390,000
Guam......................... Naval Activities, Guam... $273,518,000
------------------------------------------------------------------------
(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
Host Nation $2,700,000
Infrastructure.
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(6)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installation, in the number of units, and in the
amount set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands......................... Naval Activities, Guam......... 73................... $47,167,000
----------------------------------------------------------------------------------------------------------------
(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.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the Department of
the Navy in the total amount of $3,032,790,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,717,016,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $338,558,000.
(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, $119,658,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $300,095,000.
(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, 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, Silverdale, Washington, 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.
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, as amended
by subsection (b), is further 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''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Elmendorf Air Force Base........................ $83,180,000
Arizona..................................... Davis-Monthan Air Force Base.................... $11,200,000
Arkansas.................................... Little Rock Air Force Base...................... $9,800,000
California.................................. Travis Air Force Base........................... $26,600,000
Colorado.................................... Fort Carson..................................... $13,500,000
Schriever Air Force Base........................ $24,500,000
United States Air Force Academy................. $15,000,000
District of Columbia........................ Bolling Air Force Base.......................... $2,500,000
Florida..................................... Eglin Air Force Base............................ $158,300,000
MacDill Air Force Base.......................... $57,000,000
Patrick Air Force Base.......................... $11,854,000
Tyndall Air Force Base.......................... $44,114,000
Georgia..................................... Robins Air Force Base........................... $14,700,000
Hawaii...................................... Hickam Air Force Base........................... $31,971,000
Illinois.................................... Scott Air Force Base............................ $24,900,000
Kansas...................................... Fort Riley...................................... $12,515,000
Massachusetts............................... Hanscom Air Force Base.......................... $12,800,000
Montana..................................... Malmstrom Air Force Base........................ $7,000,000
Nebraska.................................... Offutt Air Force Base........................... $16,952,000
New Mexico.................................. Cannon Air Force Base........................... $1,688,000
Kirtland Air Force Base......................... $11,400,000
Nevada...................................... Nellis Air Force Base........................... $4,950,000
North Dakota................................ Grand Forks Air Force Base...................... $13,000,000
Minot Air Force Base............................ $18,200,000
Oklahoma.................................... Altus Air Force Base............................ $2,000,000
Tinker Air Force Base.......................... $34,600,000
Vance Air Force Base............................ $7,700,000
South Carolina.............................. Charleston Air Force Base....................... $11,000,000
South Dakota................................ Ellsworth Air Force Base........................ $16,600,000
Texas....................................... Lackland Air Force Base......................... $14,000,000
Utah........................................ Hill Air Force Base............................. $25,999,000
Wyoming..................................... Francis E. Warren Air Force Base................ $14,600,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Base........ $48,209,000
Guam......................... Andersen Air Force Base.. $10,000,000
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(a)(3), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for unspecified installations or
locations in the amounts set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Classified......... Classified Project....... $1,500,000
Classified-Special $13,940,000
Evaluation Program.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installation or location, in the number of units,
and in the amount set forth in the following table:
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(a)(6)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $12,210,000.
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(a)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$294,262,000.
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 $2,097,357,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $754,123,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $140,609,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c), $15,440,000.
(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, $61,103,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $362,747,000.
(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 increment 3 of the main base
runway at Edwards Air Force Base, California, authorized by
section 2301(a) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3494), $35,000,000.
(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''.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2006 PROJECT.
(a) Modification.--The table in section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
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
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 Amendment.--Section 2304(b)(4) of the Military
Construction Authorization Act for Fiscal Year 2006 (119 Stat. 3496),
as amended by section 2305(b) of the Military Construction
Authorization Act for Fiscal Year 2007 (120 Stat. 2456), is further
amended by striking ``$23,300,000'' and inserting ``$48,300,000''.
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), authorizations set forth in
the table in subsection (b), as provided in section 2302 of that Act,
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).
MacDill Air Force Base, Housing maintenance $1,250,000
Florida. 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 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.
(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............................ $26,000,000
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, Coronado.................. $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......................................... $108,500,000
Naval Amphibious Base, Little Creek.............. $99,000,000
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 Air Base............................... $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.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the Department of
Defense (other than the military departments) in the total amount of
$1,944,529,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $969,152,000.
(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,
$10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $154,728,000.
(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.
SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2007 DEFENSE AGENCIES PROJECTS.
(a) Termination of Inside the United States Projects for Which
Funds Were Not Appropriated.--The table relating to Special Operations
Command in section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of 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 Certain Inside the United States Project.--
Section 2405(a)(15) of that Act (120 Stat. 2461) is amended by striking
``$99,157,000'' and inserting ``$89,157,000''.
(d) Conforming Amendments.--Section 2405(a) of that Act, as amended
by subsections (a) through (c), is further 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. 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), authorizations set forth in
the table in subsection (b), as provided in section 2401 of that Act,
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 Wide: 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.
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.
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
Arkansas........................................ Camp Robinson.................................... $23,923.000
Arizona......................................... Florence......................................... $10,870,000
California...................................... Sacramento Army Depot............................ $21,000,000
Camp Roberts..................................... $2,850,000
Connecticut..................................... Niantic.......................................... $13,600,000
Florida......................................... Jacksonville..................................... $12,200,000
Idaho........................................... Gowen Field...................................... $7,615,000
Orchard Training Area............................ $1,700,000
Illinois........................................ St. Clair County................................. $8,100,000
Iowa............................................ Iowa City........................................ $13,186,000
Michigan........................................ Camp Grayling.................................... $2,450,000
Lansing.......................................... $4,239,000
Minnesota....................................... Camp Ripley...................................... $4,850,000
Mississippi..................................... Camp Shelby...................................... $4,000,000
Missouri........................................ Whiteman Air Force Base.......................... $30,000,000
North Dakota.................................... Camp Grafton..................................... $33,416,000
Oregon.......................................... Ontario.......................................... $11,000,000
Pennsylvania.................................... Carlisle......................................... $7,800,000
East Fallowfield Township........................ $8,300,000
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
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...................................... $4,500,000
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...................................... Fort Hunter Liggett.............................. $7,035,000
Garden Grove..................................... $25,440,000
Montana......................................... Butte............................................ $7,629,000
New Jersey...................................... Fort Dix......................................... $17,000,000
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 Force Base.................. $10,277,000
Oregon.......................................... Portland......................................... $1,900,000
South Dakota.................................... Sioux Falls...................................... $3,730,000
Texas........................................... Austin........................................... $6,490,000
Fort Worth....................................... $22,514,000
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
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
New Hampshire.................................. Pease Air National Guard Base.................... $8,900,000
Nebraska....................................... Lincoln.......................................... $8,900,000
Nevada......................................... Reno-Tahoe International Airport................. $5,200,000
New York....................................... Gabreski Airport................................. $8,400,000
Pennsylvania................................... Fort Indiantown Gap.............................. $12,700,000
Rhode Island................................... Quonset State Airport............................ $5,000,000
South Dakota................................... Joe Foss Field................................... $7,900,000
Tennessee...................................... McGhee-Tyson Airport............................. $3,200,000
Memphis International Airport.................... $11,376,000
Vermont........................................ Burlington....................................... $6,600,000
West Virginia.................................. Eastern West Virginia Regional Airport-Shepherd $50,776,000
Field.
Yeager........................................... $17,300,000
Wisconsin...................................... Truax Field...................................... $7,300,000
----------------------------------------------------------------------------------------------------------------
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 Base......................... $14,950,000
Utah............................................ Hill Air Force Base.............................. $3,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2007, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $458,515,000; and
(B) for the Army Reserve, $134,684,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $59,150,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $216,417,000; and
(B) for the Air Force Reserve, $26,559,000.
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, 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
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, Multipurpose 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.
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 $220,689,000, as follows:
(1) For the Department of the Army, $73,716,000.
(2) For the Department of the Air Force, $143,260,000.
(3) 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 $8,174,315,000, 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, $2,241,062,000.
SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS.
For military construction projects carried out using amounts
appropriated pursuant to the authorization of appropriations in
sections 2701 and 2703 of this title and section 2405(a)(8) of the
Military Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2460), section 2853 of title 10,
United States Code, shall apply for variations to the cost and scope of
work for each military construction project requested to the
congressional defense committees as part of the budget justification
materials submitted to Congress in support of the Department of Defense
budget for fiscal year 2007 and 2008 (as submitted with the budget of
the President under section 1105(a) of title 31, United States Code).
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Effective Date and Expiration of Authorizations
SEC. 2801. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall
take effect on the later of--
(1) October 1, 2007; or
(2) the date of the enactment of this Act.
SEC. 2802. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI and title XXIX for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment Program
(and authorizations of appropriations therefor) shall expire on the
later of--
(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.
Subtitle B--Military Construction Program and Military Family Housing
Changes
SEC. 2811. GENERAL MILITARY CONSTRUCTION TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon a determination by the Secretary of a
military department, or with respect to the Defense Agencies,
the Secretary of Defense, that such action is necessary in the
national interest, the Secretary concerned may transfer amounts
of authorizations made available to that military department or
Defense Agency in this division for fiscal year 2008 between
any such authorizations for that military department or Defense
Agency for that fiscal year. Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Aggregate limit.--The aggregate amount of
authorizations that the Secretaries concerned may transfer
under the authority of this section may not exceed
$200,000,000.
(b) Limitation.--The authority provided by this section to transfer
authorizations may only be used to fund increases in the cost or scope
of military construction projects that have been authorized by law.
(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 concerned shall promptly
notify Congress of each transfer made by that Secretary under
subsection (a).
SEC. 2812. MODIFICATIONS OF AUTHORITY TO LEASE MILITARY FAMILY HOUSING.
(a) Increased Maximum Lease Amount Applicable to Certain Domestic
Army Family Housing Leases.--Subsection (b) of 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) Increased Maximum Lease Amount Applicable to Foreign Military
Family Housing Leases.--Subsection (e) of such section is amended--
(1) in paragraph (1)--
(A) by striking ``(1)'' and inserting ``(1)(A)'';
(B) by striking the second sentence; and
(C) by adding at the end the following new
subparagraph:
``(B)(i) Subject to clause (ii), the maximum lease amounts in
subparagraph (A) may be waived and increased up to a maximum of
$100,000 per unit per year.
``(ii) The Secretary concerned may not exercise the waiver
authority under clause (i) until the Secretary has notified the
congressional defense committees of such proposed waiver and the
reasons therefor and a period of 21 days has elapsed or, if over
sooner, 14 days after such notice is provided in an electronic medium
pursuant to section 480 of this title.'';
(2) in paragraph (2), by striking ``the Secretary of the
Navy may lease not more than 2,800 units of family housing in
Italy, and the Secretary of the Army may lease not more than
500 units of family housing in Italy'' and inserting ``the
Secretaries of the military departments may lease not more than
3,300 units of family housing in Italy''; and
(3) in paragraph (4), by striking ``$35,000'' and inserting
``$35,050''.
(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''.
SEC. 2813. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS.
(a) Increase.--Section 2805(a)(1) of title 10, United States Code,
is amended--
(1) by striking ``$1,500,000'' and inserting
``$2,500,000''; and
(2) by striking ``$3,000,000'' and inserting
``$4,000,000''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2007.
SEC. 2814. MODIFICATION AND EXTENSION OF TEMPORARY, LIMITED AUTHORITY
TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION
PROJECTS OUTSIDE THE UNITED STATES.
Section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of 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--
(1) in subsection (a), by striking ``2007'' and inserting
``2008''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``(1) The total''
and inserting ``The total''; and
(B) by striking paragraphs (2) and (3).
SEC. 2815. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF DEPARTMENT
OF DEFENSE LABORATORIES THROUGH UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.
(a) Laboratory Revitalization.--For the revitalization and
recapitalization of laboratories owned by the United States and under
the jurisdiction of the Secretary concerned, the Secretary concerned
may obligate and expend--
(1) from appropriations available to the Secretary
concerned for operation and maintenance, amounts necessary to
carry out an unspecified minor military construction project
costing not more than $1,000,000; or
(2) from appropriations available to the Secretary
concerned for military construction not otherwise authorized by
law, amounts necessary to carry out an unspecified minor
military construction project costing not more than $2,500,000.
(b) Fiscal Year Limitation Applicable to Individual Laboratories.--
For purposes of this section, the total amount allowed to be applied in
any one fiscal year to projects at any one laboratory shall be limited
to the larger of the amounts applicable under subsection (a).
(c) Laboratory Defined.--In this section, the term ``laboratory''
includes--
(1) a research, engineering, and development center;
(2) a test and evaluation activity; and
(3) any buildings, structures, or facilities located at and
supporting such center or activity.
(d) Sunset.--The authority to carry out a project under this
section expires on September 30, 2012.
SEC. 2816. TWO-YEAR EXTENSION OF TEMPORARY PROGRAM TO USE MINOR
MILITARY CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF CHILD
DEVELOPMENT CENTERS.
(a) Extension.--Subsection (e) of section 2810 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
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 to
read as follows:
``(d) Reports Required.--Not later than March 1, 2007, and March 1,
2009, the Secretary of Defense shall submit to the congressional
committees reports on the program authorized by this section. Each
report shall include a list and description of the construction
projects carried out under the program, including the location and cost
of each project.''.
SEC. 2817. EXTENSION OF AUTHORITY TO ACCEPT EQUALIZATION PAYMENTS FOR
FACILITY EXCHANGES.
Section 2809(c)(5) of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2127)
is amended by striking ``September 30, 2007'' and inserting ``September
30, 2010''.
Subtitle C--Real Property and Facilities Administration
SEC. 2831. REQUIREMENT TO REPORT TRANSACTIONS RESULTING IN ANNUAL COSTS
OF MORE THAN $750,000.
Section 2662(a)(1) of title 10, United States Code, is amended--
(1) by striking ``or his designee'' and inserting ``or the
Secretary's designee, or with respect to a Defense Agency, the
Secretary of Defense or the Secretary's designee''; and
(2) 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. 2832. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS PROPERTY.
(a) Increased Use of Competitive Procedures for Selection of
Certain Lessees.--Section 2667(h)(1) of title 10, United States Code,
is amended 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''.
(b) Modification of Authorities Related to Facilities Operation
Support.--
(1) Elimination of authority to accept facilities operation
support as in-kind consideration.--Section 2667(c)(1) of title
10, United States Code, is amended--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraph (E) as
subparagraph (D).
(2) Elimination of authority to use rental and certain
other proceeds for facilities operation support.--Section
2667(e)(1)(C) of title 10, United States Code, is amended by
striking clause (iv).
(c) Technical Amendments.--Section 2667(e) of title 10, United
States Code, is further 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. 2833. ENHANCED FLEXIBILITY TO CREATE OR EXPAND BUFFER ZONES.
Section 2684a(d) 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;
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Subject to the availability of appropriations for
such purpose, an agreement with an eligible entity under
subsection (a)(2) may provide for the management of natural
resources and the contribution by the United States towards
natural resource management costs on any real property in which
a military department has acquired any right title or interest
in accordance with paragraph (1)(A) where there is a
demonstrated need to preserve or restore habitat for purposes
of subsection (a)(2).''; and
(3) in paragraph (4)(C), as redesignated by paragraph (1),
by striking ``paragraph (4)'' and inserting ``paragraph (5),
unless the Secretary concerned certifies in writing to the
Committees on Armed Services of the Senate and the House of
Representatives that the military value to the United States as
a result of the acquisition of such property or interest in
property justifies the payment of costs in excess of the fair
market value of such property or interest. Such certification
shall include a detailed description of the military value to
be obtained in each such case. The Secretary concerned may not
acquire such property or interest until 14 days after the date
on which the certification is provided to the Committees or, if
earlier, 10 days after the date on which a copy of such
certification is provided in an electronic medium pursuant to
section 480 of this title''.
SEC. 2834. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL RANGES.
(a) Report on Utilization and Potential Expansion of Army
Operational Ranges.--Section 2827(c) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public Law 109-
364; 120 Stat. 2479) is amended--
(1) in paragraph (1), by striking ``February 1, 2007'' and
inserting ``December 31, 2007''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by amending clauses (iv)
and (v) to read as follows:
``(iv) the proposal contained in the budget
justification materials submitted in support of
the Department of Defense budget for fiscal
year 2008 to increase the size of the active
component of the Army to 547,400 personnel by
the end of fiscal year 2012; or
``(v) high operational tempos or surge
requirements.''; and
(B) by adding at the end the following new
subparagraphs:
``(F) An analysis of the cost of, potential
military value of, and potential legal or practical
impediments to, the expansion of the Joint Readiness
Training Center at Fort Polk, Louisiana, through the
acquisition of additional land adjacent to or in the
vicinity of the installation that is under the control
of the United States Forest Service.
``(G) An analysis of the impact of the proposal
described in subparagraph (B)(iv) on the plan developed
prior to such proposal to relocate forces from Germany
to the United States and vacate installations in
Germany as part of the Integrated Global Presence and
Basing Strategy, including a comparative analysis of--
``(i) the projected utilization of the
Army's three combat training centers if all of
the six light infantry brigades proposed to be
added to the active component of the Army would
be based in the United States; and
``(ii) the projected utilization of such
ranges if at least one of those six brigades
would be based in Germany.
``(H) If the analysis required by subparagraph (G)
indicates that the Joint Multi-National Readiness
Center in Hohenfels, Germany, or the Army's training
complex at Grafenwoehr, Germany, would not be fully
utilized under the basing scenarios analyzed, an
estimate of the cost to replicate the training
capability at that center in another location.''.
(b) Report on Potential Expansion of Marine Corps Operational
Ranges.--
(1) Report required.--Not later than December 31, 2007, the
Secretary of the Navy shall submit to the congressional defense
committees a report containing an assessment of the operational
ranges used to support training and range activities of the
Marine Corps.
(2) Content.--The report required under paragraph (1) shall
include the following information:
(A) The size, description, and mission-essential
tasks supported by each major Marine Corps operational
range during fiscal year 2003.
(B) A description of the projected changes in
Marine Corps operational range requirements, including
the size, characteristics, and attributes for mission-
essential activities at each range and the extent to
which any changes in requirements are a result of the
proposal contained in the fiscal year 2008 budget
request to increase the size of the active component of
the Marine Corps to 202,000 personnel by the end of
fiscal year 2012.
(C) The projected deficit or surplus of land at
each major Marine Corps operational range, and a
description of the Secretary's plan to address that
projected deficit or surplus of land as well as the
upgrade of range attributes at each existing Marine
Corps operational range.
(D) A description of the Secretary's prioritization
process and investment strategy to address the
potential expansion or upgrade of Marine Corps
operational ranges.
(E) An analysis of alternatives to the expansion of
Marine Corps operational ranges, including an
assessment of the joint use of operational ranges under
the jurisdiction, custody, or control of the Secretary
of another military department.
(F) An analysis of the cost of, potential military
value of, and potential legal or practical impediments
to, the expansion of Marine Corps Base, Twentynine
Palms, California, through the acquisition of
additional land adjacent to or in the vicinity of that
installation that is under the control of the Bureau of
Land Management.
(3) Definitions.--In this subsection:
(A) The term ``Marine Corps 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 Navy that are used by or available to
the United States Marine Corps.
(B) The term ``range activities'' has the meaning
given that term in section 101(e)(2) of such title.
SEC. 2835. 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) Options for Military Construction Projects.--
``(1) Authority.--The Secretary of a military department
may acquire an option on a parcel of real property before or
after its acquisition is authorized by law, if the Secretary
considers it suitable and likely to be needed for a military
project of the department.
``(2) Consideration.--As consideration for an option
acquired under paragraph (1), the Secretary may pay, from funds
available to the department for real property activities, an
amount that is not more than 12 percent of the appraised fair
market value of the property.''.
(b) Conforming Amendments.--
(1) Repeal of superseded authority.--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.
Subtitle D--Base Closure and Realignment
SEC. 2841. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.
Not later than December 1, 2007, the Secretary of the Air Force
shall submit to the congressional defense committees a report
containing a detailed plan of the current and future aviation assets
that the Secretary expects will be based at Niagara Air Reserve Base,
New York. The report shall include a description of all of the aviation
assets that will be impacted by the series of relocations to be made to
or from Niagara Air Reserve Base and the timeline for such relocations.
Subtitle E--Land Conveyances
SEC. 2851. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, LYNN HAVEN, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to Florida State University (in this section referred to as the
``University'') all right, title, and interest of the United States in
and to a parcel of real property, including improvements thereon,
consisting of approximately 40 acres located at the Lynn Haven Fuel
Depot in Lynn Haven, Florida, as a public benefit conveyance for the
purpose of permitting the University to develop the property as a new
satellite campus.
(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, 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) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to all or any portion
of the property shall revert, at the option of the Secretary, to the
United States, and the United States shall have the right of immediate
entry onto the property. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity for a
hearing.
(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 Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsections (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2852. MODIFICATION TO LAND CONVEYANCE AUTHORITY, FORT BRAGG, NORTH
CAROLINA.
(a) Requirement To Convey Tract No. 404-1 Property Without
Consideration.--Section 2836 of the Military Construction Authorization
Act for Fiscal Year 1998 (111 Stat. 2005) is amended--
(1) in subsection (a)(3), by striking ``at fair market
value'' and inserting ``without consideration'';
(2) by amending subsection (b)(2) to read as follows:
``(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) by amending subsection (c)(2) to read as follows:
``(2) If the Secretary determines at any time that the real
property conveyed under paragraph (2) or paragraph (3) of subsection
(a) is not being used in accordance with subsection (b)(2), all right,
title, and interest in and to the property conveyed under such
paragraph, including any improvements thereon, shall revert to the
United States, and the United States shall have the right of immediate
entry thereon.''.
(b) Payment of Costs of Conveyance.--Such section is further
amended by inserting 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. 2853. TRANSFER OF ADMINISTRATIVE JURISDICTION, GSA PROPERTY,
SPRINGFIELD, VIRGINIA.
(a) Transfer Authorized.--The Administrator of General Services (in
this section referred to as ``the Administrator'') may transfer to the
administrative jurisdiction of the Secretary of the Army a parcel of
real property consisting of approximately 69.5 acres and containing
warehouse facilities in Springfield, Virginia, known as the ``GSA
Property'' for the purpose of permitting the Secretary to construct
facilities on the property to support administrative functions to be
located at Fort Belvoir, Virginia.
(b) Consideration.--
(1) In general.--As consideration for the property to be
transferred by the Administrator, the Secretary of the Army
shall--
(A) pay all reasonable costs to move furnishings,
equipment, and other material related to the relocation
of functions identified by the Administrator;
(B) if deemed necessary by the Administrator,
transfer to the administrative jurisdiction of the
Administrator a parcel of property in the National
Capital Region determined to be suitable to the
Administrator;
(C) if deemed necessary by the Administrator,
design and construct storage facilities, utilities,
security measures, and access to a road infrastructure
on the parcel to meet the requirements of the
Administrator; and
(D) if deemed necessary by the Administrator, enter
into a memorandum of agreement with the Administrator
for support services and security at the new facilities
constructed pursuant to subsection (a).
(2) Fair market value limitation.--The consideration
provided by the Secretary under paragraph (1) may not exceed
the fair market value of the property transferred by the
Administrator under subsection (a).
(c) Administration of Transferred Property.--Upon completion of the
transfer under subsection (a), the transferred property shall be
administered by the Secretary as a part of Fort Belvoir, Virginia.
(d) Description of Property.--The exact acreage and legal
description of the property or properties to be conveyed under this
section shall be determined by surveys satisfactory to the
Administrator and the Secretary.
(e) Status Report.--Not later than November 30, 2007, the
Administrator and the Secretary shall jointly submit to the
congressional defense committees a report on the status and estimated
costs of the transfer under subsection (a).
Subtitle F--Other Matters
SEC. 2861. REPORT ON CONDITION OF SCHOOLS UNDER JURISDICTION OF
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) Report Required.--Not later than March 1, 2008, the Secretary
of Defense shall submit to the congressional defense committees a
report on the conditions of schools under the jurisdiction of the
Department of Defense Education Activity.
(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 dependants of members of the Armed Forces and civilian
employees of the Department of Defense.
SEC. 2862. REPEAL OF REQUIREMENT FOR STUDY AND REPORT ON IMPACT TO
MILITARY READINESS OF PROPOSED LAND MANAGEMENT CHANGES ON
PUBLIC LANDS IN UTAH.
Section 2815 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 852) is repealed.
SEC. 2863. ADDITIONAL PROJECT IN RHODE ISLAND.
In carrying out section 2866 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2499), 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 any interest of the State of 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 State, in coordination with the
Secretary.
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2901. AUTHORIZED WAR-RELATED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2902(1), the Secretary of the Army may
acquire real property and carry out military construction projects for
the installations or locations outside the United States, and in the
amounts set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................... Bagram Air Base................................. 116,800,000
Iraq.......................................... Camp Adder...................................... 80,650,000
Al Asad......................................... 86,100,000
Camp Anaconda................................... 88,200,000
Fallujah........................................ 880,000
Camp Marez...................................... 880,000
Mosul........................................... 43,000,000
Q-West.......................................... 26,000,000
Camp Ramadi..................................... 880,000
Scania.......................................... 5,000,000
Camp Speicher................................... 103,700,00
Camp Taqqadum................................... 880,000
Tikrit.......................................... 43,000,000
Camp Victory.................................... 34,400,000
Camp Warrior.................................... 880,000
Various Locations............................... 102,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2902. AUTHORIZATION OF WAR-RELATED MILITARY CONSTRUCTION
APPROPRIATIONS, ARMY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the Department of
the Army in the total amount of $752,650,000 as follows:
(1) For military construction projects outside the United
States authorized by section 2901(a), $733,250,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $19,400,000.
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.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2008 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$9,539,693,000, to be allocated as follows:
(1) For weapons activities, $6,472,172,000.
(2) For defense nuclear nonproliferation activities,
$1,809,646,000.
(3) For naval reactors, $808,219,000.
(4) For the Office of the Administrator for Nuclear
Security, $399,656,000.
(5) For the International Atomic Energy Agency Nuclear Fuel
Bank, $50,000,000.
(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 $5,410,905,000.
(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, $15,000,000.
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
$663,074,000.
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
$242,046,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.
(a) Limitation on Availability of Funds.--Of the amount authorized
to be appropriated under section 3101(a)(1) for weapons activities for
fiscal year 2008, not more than $195,069,000 may be obligated or
expended for the Reliable Replacement Warhead program under section
4204a of the Atomic Energy Defense Act (50 U.S.C. 2524a).
(b) Prohibition on Availability of Funds for Certain Activities.--
No funds referred to in subsection (a) may be obligated or expended for
activities under the Reliable Replacement Warhead program beyond phase
2A activities.
SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE MATERIALS
DISPOSITION PROGRAM.
(a) Limitation Pending Report on Use of Prior Fiscal Year Funds.--
No fiscal year 2008 Fissile Materials Disposition program funds may be
obligated or expended for the Fissile Materials Disposition program
until the Secretary of Energy, in consultation with the Administrator
for Nuclear Security, submits to the congressional defense committees a
report setting forth a plan for obligating and expending funds made
available for that program in fiscal years before fiscal year 2008 that
remain available for obligation or expenditure as of October 1, 2007.
(b) Limitation Pending Certification on Use of Current Fiscal Year
Funds.--
(1) In general.--Within fiscal year 2008 Fissile Materials
Disposition program funds, the aggregate amount that may be
obligated for the Fissile Materials Disposition program may not
exceed such amount as the Secretary, in consultation with the
Administrator, certifies to the congressional defense
committees will be obligated for that program in fiscal years
2008 and 2009.
(2) Availability of unutilized funds absent
certification.--If the Secretary does not make a certification
under paragraph (1), fiscal year 2008 Fissile Materials
Disposition program funds shall not be available for the
Fissile Materials Disposition program, but shall be available
instead for any defense nuclear nonproliferation activities
(other than the Fissile Materials Disposition program) for
which amounts are authorized to be appropriated by section
3101(a)(2).
(3) Availability of unutilized funds under certification of
partial use.--If the aggregate amount of funds certified under
paragraph (1) as to be obligated for the Fissile Materials
Disposition program in fiscal years 2008 and 2009 is less than
the amount of the fiscal year 2008 Fissile Materials
Disposition program funds, an amount within fiscal year 2008
Fissile Materials Disposition program funds that is equal to
the difference between the amount of fiscal year 2008 Fissile
Materials Disposition program funds and such aggregate amount
shall not be available for the Fissile Materials Disposition
program, but shall be available instead for any defense nuclear
nonproliferation activities (other than the Fissile Materials
Disposition program) for which amounts are authorized to be
appropriated by section 3101(a)(2).
(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. 3113. MODIFICATION OF LIMITATIONS ON AVAILABILITY OF FUNDS FOR
WASTE TREATMENT AND IMMOBILIZATION PLANT.
Paragraph (2) of section 3120(a) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (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''.
Subtitle C--Other Matters
SEC. 3121. NUCLEAR TEST READINESS.
(a) Repeal of Requirements on Readiness Posture.--Section 3113 of
the National Defense Authorization Act for Fiscal Year 2004 (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. 3122. SENSE OF CONGRESS ON THE NUCLEAR NONPROLIFERATION POLICY OF
THE UNITED STATES AND THE RELIABLE REPLACEMENT WARHEAD
PROGRAM.
It is the sense of Congress that--
(1) the United States should reaffirm its commitment to
Article VI of the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Washington, London, and Moscow July 1, 1968,
and entered into force March 5, 1970 (in this section referred
to as the ``Nuclear Non-Proliferation Treaty'');
(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 Senate should ratify the Comprehensive Nuclear-
Test-Ban Treaty, opened for signature at New York September 10,
1996;
(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, and how such programs
and plans, including plans for any new weapons or warheads,
relate to their obligations as nuclear weapons state parties
under the Treaty;
(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. 3123. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT INITIATIVES TO
ACCELERATE THE REDUCTION OF ENVIRONMENTAL RISKS AND
CHALLENGES POSED BY THE LEGACY OF THE COLD WAR.
(a) In General.--On the date described in subsection (d), the
Secretary of Energy shall submit to the congressional defense
committees and the Comptroller General of the United States a report on
the status of the environmental management initiatives described in
subsection (c) undertaken to accelerate the reduction of the
environmental risks and challenges that, as a result of the legacy of
the Cold War, are faced by the Department of Energy, contractors of the
Department, and applicable Federal and State agencies with regulatory
jurisdiction.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A discussion 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 the progress made in streamlining risk
reduction processes of the environmental management program of
the Department.
(3) An assessment of the progress made in improving the
responsiveness and effectiveness of the environmental
management program of the Department.
(4) Any proposals for legislation that the Secretary
considers necessary to carry out the environmental management
initiatives described in subsection (c) and the justification
for each such proposal.
(5) A list of the mandatory milestones and commitments set
forth in each enforceable cleanup agreement or other type of
agreement covering or applicable to environmental management
and cleanup activities at any site of the Department, the
status of the efforts of the Department to meet such milestones
and commitments, and if the Secretary determines that the
Department will be unable to achieve any such milestone or
commitment, a statement setting forth the reasons the
Department will be unable to achieve such milestone or
commitment.
(6) An estimate of the life cycle cost of the environmental
management program, including the following:
(A) A list of the environmental projects being
reviewed for potential inclusion in the environmental
management program as of October 1, 2007, and an
estimated date by which a determination will be made to
include or exclude each such project.
(B) A list of environmental projects not being
considered for potential inclusion in the environmental
management program as of October 1, 2007, but that are
likely to be included in the next five years, and an
estimated date by which a determination will be made to
include or exclude each such project.
(C) A list of projects in the environmental
management program as of October 1, 2007, for which an
audit of the cost estimate of the project has been
completed, and the estimated date by which such an
audit will be completed for each such project for which
such an audit has not been completed.
(D) The estimated schedule for production of a
revised life cycle cost estimate for the environmental
management program incorporating the information
described in subparagraphs (A), (B), and (C).
(c) Initiatives Described.--The environmental management
initiatives described in this subsection are the initiatives arising
out of the report titled ``Top-to-Bottom Review of the Environmental
Management Program'' and dated February 4, 2002, with respect to the
environmental restoration and waste management activities of the
Department in carrying out programs necessary for national security.
(d) Date of Submittal.--The date described in this subsection is
the date on which the budget justification materials in support of the
Department of Energy budget for fiscal year 2009 (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code) are submitted to Congress.
(e) Review by Comptroller General.--Not later than 180 days after
the date described in subsection (d), the Comptroller General shall
submit to the congressional defense committees a report containing a
review of the report required by subsection (a).
SEC. 3124. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF ENERGY
PROTECTIVE FORCE MANAGEMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the management of the protective forces of the Department of Energy.
(b) Contents.--The report shall include the following:
(1) A description of the management and contractual
structure for protective forces at each Department of Energy
site with Category I nuclear materials.
(2) A statement of the number and category of protective
force members at each site described in paragraph (1) and an
assessment of whether the protective force at each such site is
adequately staffed, trained, and equipped to comply with the
requirements of the Design Basis Threat issued by the
Department of Energy in November 2005.
(3) A description of the manner in which each site
described in paragraph (1) is moving to a tactical response
force as required by the policy of the Department of Energy and
an assessment of the issues or problems, if any, involved in
the moving to a tactical response force at such site.
(4) A description of the extent to which the protective
force at each site described in paragraph (1) has been assigned
or is responsible for law enforcement or law-enforcement
related activities.
(5) An analysis comparing the management, training, pay,
benefits, duties, responsibilities, and assignments of the
protective force at each site described in paragraph (1) with
the management, training, pay, benefits, duties,
responsibilities, and assignments of the Federal transportation
security force of the Department of Energy.
(6) A statement of options for managing the protective
force at sites described in paragraph (1) in a more uniform
manner, an analysis of the advantages and disadvantages of each
option, and an assessment of the approximate cost of each
option when compared with the costs associated with the
existing management of the protective force at such sites.
(c) Form.--The report shall be submitted in unclassified form, but
may include a classified annex.
SEC. 3125. 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.''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2008,
$27,499,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
Calendar No. 185
110th CONGRESS
1st Session
S. 1547
[Report No. 110-77]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2008 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
_______________________________________________________________________
June 5, 2007
Read twice and placed on the calendar