HR 1585 RH
Union Calendar No. 86
110th CONGRESS
1st Session
H. R. 1585
[Report No. 110-146]
To authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2008, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 20, 2007
Mr. SKELTON (for himself and Mr. HUNTER) (both by request) introduced the following bill; which was referred to the Committee on Armed Services
May 11, 2007
Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 20, 2007]
A BILL
To authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2008, 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. 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. 102. Navy and Marine Corps.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement Package vehicles.
Sec. 112. Multiyear procurement authority for M2A3 Bradley Fighting Vehicles, M3A3 Cavalry Fighting Vehicles, and M2A3 Bradley Fire Support Team Vehicles.
Sec. 113. Multiyear procurement authority for conversion of CH-47D helicopters to CH-47F configuration.
Sec. 114. Multiyear procurement authority for CH-47F helicopters.
Sec. 115. Limitation on use of funds for Joint Network Node program pending certification to Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System production line pending report.
Subtitle C--Navy Programs
Sec. 121. Authority to transfer funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex overhauls.
Sec. 122. Multiyear procurement authority for Virginia-class submarine program.
Sec. 123. Limitation on final assembly of VH-71 Presidential transport helicopters.
Sec. 124. Limitation on operational deployment of weapons system that uses Trident missiles converted to carry conventional payloads.
Sec. 125. Program to provide contractors with capital expenditure incentives.
Sec. 126. Limitation on use of shipbuilding and conversion, Navy, funds for employment of nonimmigrant workers.
Sec. 127. Limitation on concurrent design and construction on first ship of a shipbuilding program.
Subtitle D--Air Force Programs
Sec. 131. Limitation on retiring C-5 aircraft.
Sec. 132. Limitation on Joint Cargo Aircraft.
Sec. 133. Clarification of limitation on retirement of U-2 aircraft.
Sec. 134. Repeal of requirement to maintain retired C-130E tactical airlift aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Operational test and evaluation of Future Combat Systems network.
Sec. 212. Limitation on systems development and demonstration of Joint Light Tactical Vehicle program.
Sec. 213. Requirement to obligate funds for development and procurement of a competitive propulsion system for the Joint Strike Fighter.
Sec. 214. Limitation on use of funds for manufacturing science and technology program.
Subtitle C--Ballistic Missile Defense
Sec. 221. Oversight of Missile Defense Agency programs by Director of Operational Test and Evaluation.
Sec. 222. Fielding of ballistic missile defense capabilities and future roles and missions of Missile Defense Agency.
Sec. 223. Limitation on use of funds for replacing warhead on SM-3 Block IIA missile.
Sec. 224. Two-year extension of Comptroller General assessments of ballistic missile defense programs.
Sec. 225. Independent study on deploying missile defense system in Europe.
Sec. 226. Sense of Congress concerning full support for development and fielding of a layered ballistic missile defense.
Subtitle D--Other Matters
Sec. 231. Responsibility for human systems integration activities.
Sec. 232. Expansion of authority for encouragement of technology transfer.
Sec. 233. Army Venture Capital Fund demonstration.
Sec. 234. Independent tests for combat helmet pad suspension systems.
Sec. 235. Report on implementation of Manufacturing Technology Program.
Sec. 236. Assessment of sufficiency of test and evaluation personnel.
Sec. 237. Repeal of requirement for separate reports on technology area review and assessment summaries.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense Programs.
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 Arctic Surplus Superfund Site, Fairbanks, Alaska.
Sec. 313. Payment to Environmental Protection Agency of stipulated penalty in connection with Jackson Park Housing Complex, Washington.
Subtitle C--Workplace and Depot Issues
Sec. 321. Increase in threshold amount for contracts for procurement of capital assets in advance of availability of working-capital funds for the procurement.
Sec. 322. Authorization of availability of working-capital funds for certain product improvements.
Sec. 323. Authorization of use of working-capital funds for acquisition of certain items.
Sec. 324. Modification to public-private competition requirements before conversion to contractor performance.
Sec. 325. Public-private competition at end of period specified in performance agreement not required.
Sec. 326. Guidelines on insourcing new and contracted out functions.
Sec. 327. Additional requirements for annual report on public-private competitions.
Sec. 328. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions.
Sec. 329. Bid Protests by Federal Employees in actions under Office of Management Budget Circular A-76.
Sec. 330. Public-private competition required before conversion to contractor performance.
Subtitle D--Extension of Program Authorities
Sec. 331. Extension of Arsenal Support Program Initiative.
Sec. 332. Extension of period for reimbursement for helmet pads purchased by members of the Armed Forces deployed in contingency operations.
Subtitle E--Reports
Sec. 341. Inclusion of National Guard readiness for civil support missions in quarterly personnel and unit readiness report.
Sec. 342. Plan to improve readiness of active and reserve component ground forces.
Sec. 343. Plan for optimal use of strategic ports by commander of Surface Distribution and Deployment Command.
Sec. 344. Independent assessment of Civil Reserve Air Fleet viability.
Sec. 345. Annual report on prepositioned materiel and equipment.
Sec. 346. Conditions on relocation of North American Aerospace Defense command center and related functions from Cheyenne Mountain to Peterson Air Force Base.
Sec. 347. Report on public-private partnerships.
Subtitle F--Other Matters
Sec. 351. Increase in threshold amount for contracts for procurement of capital assets in advance of availability of working-capital funds for the procurement.
Sec. 352. Authority for Department of Defense to provide support for certain sporting events.
Sec. 353. Reasonable restrictions on payment of full replacement value for lost or damaged personal property transported at Government expense.
Sec. 354. Priority transportation on Department of Defense aircraft of retired members residing in Commonwealths and possessions of the United States for certain health care services.
Sec. 355. Recovery of missing military property.
Sec. 356. Retention of Army combat uniforms by members of Army deployed in support of contingency operations.
Sec. 357. Issue of serviceable material other than to Armed Forces.
Sec. 358. Prohibition on deactivation of 36th Rescue Flight.
Sec. 359. Limitation on expenditure of funds for initial flight screening at Pueblo Memorial Airport.
Sec. 360. Reauthorization and modification of multi-trades demonstration project.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps active duty end strengths for fiscal years 2009 and 2010.
Sec. 404. Increase in authorized strengths for Army officers on active duty in the grade of major.
Sec. 405. Increase in authorized strengths for Navy officers on active duty in the grades of lieutenant commander, commander, and captain.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.
Sec. 416. Future authorizations and accounting for certain reserve component personnel authorized to be on active duty or full-time National Guard duty to provide operational support.
Sec. 417. Revision of variances authorized for Selected Reserve end strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
Sec. 423. Offsetting transfers from National Defense Stockpile Transaction Fund.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Assignment of officers to designated positions of importance and responsibility.
Sec. 502. Increase in years of commissioned service threshold for discharge of probationary officers and for use of force shaping authority.
Sec. 503. Special promotion authority for Navy career military professors.
Subtitle B--Reserve Component Matters
Sec. 511. Mandatory separation of Reserve officers in the grade of lieutenant general or vice admiral after completion of 38 years of commissioned service.
Sec. 512. Constructive service credit upon original appointment of reserve officers in certain health care professions.
Sec. 513. Maximum period of temporary Federal recognition of person as Army National Guard officer or Air Force Reserve officer.
Sec. 514. Military technicians (dual status) in the Selected Reserve.
Sec. 515. Working group on reintegration of reserve component members returning from deployment.
Sec. 516. National Guard yellow ribbon reintegration program.
Sec. 517. Advance notice to members of reserve components of deployment in support of contingency operations.
Subtitle C--Education and Training
Sec. 521. Reduction or elimination of service obligation in an Army Reserve or Army National Guard troop program unit for certain persons selected as medical students at Uniformed Services University of the Health Sciences.
Sec. 522. Increase in annual limit on number of ROTC scholarships under Army Reserve and Army National Guard program.
Sec. 523. Revisions to authority to pay tuition for off-duty training or education.
Sec. 524. National Defense University master's degree programs.
Sec. 525. Recodification in title 38, United States Code, of certain educational assistance programs for members of the reserve components.
Sec. 526. Secretary of Defense evaluation of the adequacy of the degree-granting authorities of certain military universities and educational institutions.
Sec. 527. Navy Junior Reserve Officers' Training Corps unit for Southold, Mattituck, and Greenport high schools.
Subtitle D--General Service Authorities
Sec. 531. Authority to reduce required service obligation for initial appointment of qualified health professionals as officers in critical specialties.
Sec. 532. Reenlistment in former enlisted grade after service as an officer.
Subtitle E--Military Justice and Legal Assistance Matters
Sec. 541. Authority to designate certain civilian employees of the Federal Government as eligible for legal assistance from Department of Defense legal staff resources.
Subtitle F--Decorations and Awards
Sec. 551. Authorization and request for award of Medal of Honor to Leslie H. Sabo, Jr., for acts of valor during the Vietnam War.
Sec. 552. Authorization and request for award of Medal of Honor to Henry Svehla for acts of valor during the Korean War.
Sec. 553. Authorization and request for award of Medal of Honor to Woodrow W. Keeble for acts of valor during the Korean War.
Sec. 554. Authorization and request for award of Medal of Honor to Private Philip G. Shadrach for acts of valor during the Civil War.
Sec. 555. Authorization and request for award of Medal of Honor to Private George D. Wilson for acts of valor as one of Andrews Raiders during the Civil War.
Sec. 556. Cold War Victory Medal.
Subtitle G--Impact Aid and Defense Dependents Education System
Sec. 561. Tuition assistance for military dependents in overseas areas where schools operated by Defense Dependents' Education System are not reasonably available.
Sec. 562. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
Subtitle H--Other Matters
Sec. 571. Extension of authority to accept gifts, devises, or bequests to benefit members of the Armed Forces, dependents, and civilian employees of the Department of Defense.
Sec. 572. Uniform performance policies for military bands and other musical units.
Sec. 573. Repeal of limitation on number of academies of Department of Defense STARBASE Program in a single State.
Sec. 574. Combat veterans mentoring program for current members of the Armed Forces.
Sec. 575. Recognition of members of the Monuments, Fine Arts, and Archives program of the Civil Affairs and Military Government Sections of the Armed Forces during and following World War II.
Sec. 576. Program to commemorate 50th anniversary of the Vietnam War.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Basic allowance for housing for reserve component members without dependents who attend accession training while maintaining a primary residence.
Sec. 603. Income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.
Sec. 604. Participation of members of the uniformed services in Thrift Savings Plan.
Sec. 605. Enhancement of referral bonus to encourage service in the Army.
Sec. 606. Guaranteed pay increase for members of the Armed Forces of one-half of one percentage point higher than Employment Cost Index.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear officers.
Sec. 614. Extension of authorities relating to payment of other bonuses and special pays.
Sec. 615. Increase in incentive special pay and multiyear retention bonus for medical officers.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Definition of sea duty for career sea pay to include multi-crew ships.
Sec. 618. Reenlistment bonus for members of the Selected Reserve.
Sec. 619. Availability of Selected Reserve accession bonus for persons who previously served in the Armed Forces for a short period.
Sec. 620. Availability of nuclear officer continuation pay for officers with more than 26 years of commissioned service.
Sec. 621. Waiver of years-of-service limitation on receipt of critical skills retention bonus.
Sec. 622. Accession bonus for participants in the Armed Forces Health Professional Scholarship and Financial Assistance Program.
Sec. 623. Payment of assignment incentive pay for Reserve members serving in combat zone for more than 22 months.
Sec. 624. Increase in maximum monthly rate of hardship duty pay.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Allowance for participation in Reserve screening conducted through electronic means.
Sec. 632. Allowance for civilian clothing for members of the Armed Forces traveling in connection with medical evacuation.
Sec. 633. Moving expenses for JROTC instructors who agree to serve in hard-to-fill positions.
Sec. 634. Transportation of additional motor vehicle of members on change of permanent station to or from nonforeign areas outside the continental United States.
Sec. 635. Payment of inactive duty training travel costs for certain Selected Reserve members.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Disregarding periods of confinement of member in determining benefits for dependents who are victims of abuse by the member.
Sec. 642. Continuation of authority for members of the Armed Forces to designate a recipient for a portion of the death gratuity.
Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset for dependency and indemnity compensation.
Sec. 644. Special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation.
Sec. 645. Expansion of combat-related special compensation eligibility for chapter 61 military retirees with fewer than 20 years of creditable service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 651. Access to Defense Commissary and Exchange System by surviving spouse and dependents of certain disabled veterans.
Sec. 652. Authority to continue commissary and exchange benefits for certain involuntarily separated members of the Armed Forces.
Sec. 653. Authorization of installment deductions from pay of employees of executive branch instrumentalities to collect indebtedness to the United States.
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus Authorities
Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the uniformed services.
Sec. 662. Transitional provisions.
Subtitle G--Other Matters
Sec. 671. Expansion of education loan repayment program for members of the Selected Reserve.
Sec. 672. Ensuring entry into United States after time abroad for permanent resident alien military spouses and children.
Sec. 673. Overseas naturalization for military spouses and children.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Extension of prohibition on increases in certain health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program.
Sec. 703. Fair pricing under pharmacy benefits program.
Sec. 704. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions.
Sec. 705. Establishment of Nurse Practitioner Program.
Sec. 706. Services of mental health counselors.
Sec. 707. Extension of pilot program for health care delivery.
Sec. 708. Stipend for members of Reserve Components for health care for certain dependents.
Sec. 709. Joint Pathology Center.
Sec. 710. Report on training in preservation of remains under combat or combat-related conditions.
Sec. 711. Pre- and post-deployment assessments for the purpose of determining the cognitive functioning and brain health of deployed members of the Armed Forces.
Sec. 712. Guaranteed funding for Walter Reed Army Medical Center.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Definition of commercial services.
Sec. 802. Acquisition workforce provisions.
Sec. 803. Guidance on defense procurements made through contracts of other agencies.
Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies.
Sec. 805. Prohibition on procurement from companies in violation of the Iran and Syria Nonproliferation Act.
Sec. 806. Lead systems integrators.
Sec. 807. Procurement goal for Native Hawaiian-serving institutions and Alaska Native-serving institutions.
Sec. 808. Reinvestment in domestic sources of strategic materials.
Sec. 809. Clarification of the protection of strategic materials critical to national security.
Sec. 810. Debarment of contractors convicted of criminal violations of the Arms Export Control Act.
Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 811. Change to the Truth in Negotiations Act exception for the acquisition of a commercial item.
Sec. 812. Clarification of submission of cost or pricing data on noncommercial modifications of commercial items.
Sec. 813. Plan for restricting Government-unique contract clauses on commercial contracts.
Sec. 814. Extension of authority for use of simplified acquisition procedures for certain commercial items.
Sec. 815. Extension of authority to fill shortage category positions for certain federal acquisition positions.
Sec. 816. Extension of authority to carry out certain prototype projects.
Sec. 817. Clarification of limited acquisition authority for special operations command.
Sec. 818. Exemption of special operations command from certain requirements for contracts relating to vessels, aircraft, and combat vehicles.
Sec. 819. Provision of authority to maintain equipment to unified combatant command for joint warfighting.
Subtitle C--Accountability in Contracting
Sec. 821. Limitation on length of noncompetitive contracts.
Sec. 822. Maximizing fixed-price procurement contracts.
Sec. 823. Public disclosure of justification and approval documents for noncompetitive contracts.
Sec. 824. Disclosure of Government contractor audit findings.
Sec. 825. Study of acquisition workforce.
Sec. 826. Report to Congress.
Subtitle D--Contracts Relating to Iraq and Afghanistan
Sec. 831. Memorandum of understanding on matters relating to contracting.
Sec. 832. Comptroller General reviews and reports on contracting in Iraq and Afghanistan.
Sec. 834. Competition for equipment supplied to Iraq and Afghanistan.
Subtitle E--Other Matters
Sec. 841. Rapid Commercial Information Technology Identification Demonstration Project.
Sec. 842. Report to Congress required on delays in major phases of acquisition process for major automated information system programs.
Sec. 843. Requirement for licensing of certain military designations and likenesses of weapons systems to toy and hobby manufacturers.
Sec. 844. Change in grounds for waiver of limitation on service contract to acquire military flight simulator.
Sec. 845. Evaluation of cost of compliance with requirement to buy certain articles from American sources.
Sec. 846. Requirements relating to waivers of certain domestic source limitations.
Sec. 847. Multiple cost threshold breaches.
Sec. 849. Jurisdiction under Contract Disputes Act of 1978 over claims, disputes, and appeals arising out of maritime contracts.
Sec. 850. Clarification of jurisdiction of the United States district courts to hear bid protest disputes involving maritime contracts.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Additional requirements relating to limitation on major Department of Defense headquarters activities personnel.
Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs.
Sec. 903. Change in eligibility requirements for appointment to Department of Defense leadership positions.
Sec. 904. Revisions in functions and activities of special operations command.
Sec. 905. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.
Sec. 906. Management system of the Department of Defense.
Sec. 907. Acquisition parity for Special Operations Command.
Sec. 908. Department of Defense Board of Actuaries.
Subtitle B--Space Activities
Sec. 911. Space protection policy and strategy.
Sec. 912. Biennial report on management of space cadre within the Department of Defense.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Chemical demilitarization citizens advisory commissions.
Sec. 922. Sense of Congress on completion of destruction of United States chemical weapons stockpile.
Subtitle D--Intelligence-Related Matters
Sec. 931. Reports on foreign language proficiency.
Sec. 932. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004.
Subtitle E--Roles and Missions Analysis
Sec. 941. Analysis and organization of roles and missions of Department of Defense.
Sec. 942. Identification of core competencies of the military departments and other entities within the Department of Defense.
Sec. 943. Review of capabilities of the military departments and other entities.
Sec. 944. Joint Requirements Oversight Council additional duties relating to core mission areas.
Sec. 945. Requirement for certification of major systems prior to technology development.
Sec. 946. Presentation of future-years mission budget by core mission area.
Sec. 947. Future capability planning by Joint Requirements Oversight Council.
Subtitle F--Other Matters
Sec. 951. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions.
Sec. 952. Interagency policy coordination.
Sec. 953. Expansion of employment creditable under service agreements under National Security Education Program.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in fiscal year 2008.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Limitation on leasing of foreign-built vessels.
Sec. 1012. Policy relating to major combatant vessels of the strike forces of the United States Navy.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.
Subtitle D--Reports
Sec. 1031. Extension and modification of report relating to hardened and deeply buried targets.
Sec. 1032. Comptroller General review of the Joint Improvised Explosive Device Defeat Organization.
Sec. 1033. Report on a national joint modeling and simulation development strategy.
Subtitle E--Other Matters
Sec. 1041. Enhancement of corrosion control and prevention functions within Department of Defense.
Sec. 1042. Support by National Guard for national special security events and other critical national security activities.
Sec. 1043. Improved authority to provide rewards for assistance in combating terrorism.
Sec. 1044. Revision of proficiency flying definition.
Sec. 1045. Support for non-Federal development and testing of material for chemical agent defense.
Sec. 1046. Congressional Commission on the Strategic Posture of the United States.
Sec. 1047. Technical and clerical amendments.
Sec. 1048. Repeal of certification requirement.
Sec. 1049. Prohibition on sale by Department of Defense of parts for F-14 fighter aircraft.
Sec. 1050. Maintenance of capability for space-based nuclear detection.
Sec. 1051. Additional weapons of mass destruction civil support teams.
Sec. 1052. Sense of Congress regarding need to replace Army M109 155mm self-propelled howitzer.
Sec. 1053. Sense of Congress regarding detainees at Naval Station, Guantanamo Bay, Cuba.
Sec. 1054. Repeal of provisions in section 1076 of Public Law 109-364 relating to use of Armed Forces in major public emergencies.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Compensation for Federal wage system employees for certain travel hours.
Sec. 1102. Special benefits for civilian employees assigned on deployment temporary change of station.
Sec. 1103. Accumulation of annual leave by senior level employees.
Sec. 1104. Travel compensation for wage grade personnel.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Annuity commencing dates.
Sec. 1108. Flexibility in setting pay for employees who move from a Department of Defense or Coast Guard nonappropriated fund instrumentality position to a position in the General Schedule pay system.
Sec. 1109. Transportation of dependents, household effects, and personal property to former home following death of Federal employee where death resulted from disease or injury incurred in a combat zone.
Sec. 1110. Use of leave transfer program by wounded veterans who are Federal employees.
Sec. 1111. Requirement for full implementation of personnel demonstration project.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Military-to-military contacts and comparable activities.
Sec. 1202. Authority for support of military operations to combat terrorism.
Sec. 1203. Medical care and temporary duty travel expenses for liaison officers of certain foreign nations.
Sec. 1204. Extension and expansion of Department of Defense authority to participate in multinational military centers of excellence.
Sec. 1205. Reauthorization of Commanders' Emergency Response Program.
Sec. 1206. Expansion of program to build the capacity of foreign military forces to include Pakistan's other security forces.
Sec. 1207. Authority to provide assistance to foreign nations to assist in recovery and accounting activities for missing United States Government personnel.
Sec. 1208. Authority to provide automatic identification system data on maritime shipping to foreign countries and international organizations.
Sec. 1209. Report on foreign assistance-related programs, projects, and activities carried out by the Department of Defense.
Subtitle B--Matters Relating to Iraq
Sec. 1221. Modification of authorities relating to the Special Inspector General for Iraq Reconstruction.
Sec. 1222. Continuation of prohibition on establishment of permanent military installations in Iraq or United States control over oil resources of Iraq.
Sec. 1223. Report on Department of Defense efforts to build the capacity of the Government of Iraq to carry out reconstruction activities in Iraq.
Sec. 1224. Report on implementation of Multi-National Forces-Iraq/United States Embassy Baghdad Joint Campaign Plan and efforts to achieve political reform in Iraq.
Sec. 1225. Report on training of the Iraqi Security Forces.
Sec. 1226. Sense of Congress on responsibilities of the Iraqi Council of Representatives to enact laws to achieve political reform and diminish support for the insurgency in Iraq.
Subtitle C--Matters Relating to Afghanistan
Sec. 1231. Special Inspector General for Afghanistan Reconstruction.
Sec. 1232. Report on progress toward security and stability in Afghanistan.
Sec. 1233. Report on progress of the Department of Defense's counter-narcotics program for Afghanistan.
Sec. 1234. United States plan for sustaining the Afghanistan National Security Forces.
Subtitle D--Other Matters
Sec. 1241. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries.
Sec. 1242. Extension of Counterproliferation Program Review Committee.
Sec. 1243. Sense of Congress concerning the Western Hemisphere Institute for Security Cooperation.
Sec. 1244. Sense of Congress concerning the strategic military capabilities and intentions of the People's Republic of China.
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. New initiatives for the Cooperative Threat Reduction Program.
Sec. 1304. Requirements relating to chemical weapons destruction at Shchuch'ye, Russia.
Sec. 1305. Repeal of restrictions on Cooperative Threat Reduction Program.
Sec. 1306. Authority to use Cooperative Threat Reduction funds outside the former Soviet Union.
TITLE XIV--WOUNDED WARRIOR ASSISTANCE
Subtitle A--Improved Assistance for Wounded Warriors
Sec. 1411. Improvements to medical and dental care for members of the Armed Forces assigned to hospitals in an outpatient status.
Sec. 1412. Establishment of a Department of Defense-wide Ombudsman Office.
Sec. 1413. Establishment of toll-free hot line for reporting deficiencies in medical-related support facilities and expedited response to reports of deficiencies.
Sec. 1414. Notification to Congress of hospitalization of combat wounded service members.
Sec. 1415. Independent medical advocate for members before medical evaluation boards.
Sec. 1416. Training and workload for physical evaluation board liaison officers.
Sec. 1417. Standardized training program and curriculum for Department of Defense disability evaluation system.
Sec. 1418. Improved training for health care professionals, medical care case managers, and service member advocates on particular conditions of recovering service members.
Sec. 1419. Pilot program to establish an Army Wounded Warrior Battalion at an appropriate active duty base.
Sec. 1420. Criteria for removal of member from temporary disability retired list.
Sec. 1421. Improved transition of members of the Armed Forces to Department of Veterans Affairs upon retirement or separation.
Sec. 1422. Establishment of Medical Support Fund for support of members of the Armed Forces returning to military service or civilian life.
Sec. 1423. Oversight Board for Wounded Warriors.
Sec. 1424. Option for members of reserve components to use military medical treatment facilities closest to home for certain injuries.
Sec. 1425. Plans and research for reducing post traumatic stress disorder.
Subtitle B--Studies and Reports
Sec. 1431. Annual report on military medical facilities.
Sec. 1432. Access of recovering service members to adequate outpatient residential facilities.
Sec. 1433. Evaluation and report on Department of Defense and Department of Veterans Affairs disability evaluation systems.
Sec. 1434. Study and report on support services for families of recovering service members.
Sec. 1435. Report on traumatic brain injury classifications.
Sec. 1436. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer Program.
Sec. 1437. Study and report on standard soldier patient tracking system.
Sec. 1438. Study and report on waiting periods for appointments at Department of Veterans Affairs medical facilities.
Subtitle C--General Provisions
Sec. 1451. Moratorium on conversion to contractor performance of Department of Defense functions at military medical facilities.
Sec. 1452. Prohibition on transfer of resources from medical care.
Sec. 1453. Increase in physicians at hospitals of the Department of Veterans Affairs.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose and statement of congressional policy.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Working capital funds.
Sec. 1510. Other Department of Defense programs.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Authorized Army construction and land acquisition projects.
Sec. 1516. Authorized Navy construction and land acquisition projects.
Sec. 1517. Treatment as additional authorizations.
TITLE XVI--NATIONAL GUARD ENHANCEMENT
Subtitle A--National Guard Bureau
Sec. 1611. Enhancement of duties and position of Chief of the National Guard Bureau.
Sec. 1612. Establishment of National Guard Bureau as joint activity of Department of Defense.
Sec. 1613. Enhancement of functions of National Guard Bureau.
Sec. 1614. Requirement for Secretary of Defense to prepare annual plan for response to natural disasters and terrorist events.
Sec. 1615. Determination of Department of Defense civil support requirements.
Sec. 1616. Conforming and clerical amendments.
Subtitle B--Additional Reserve Component Enhancement
Sec. 1621. United States Northern Command.
Sec. 1622. Council of Governors.
Sec. 1623. Reserve Policy Board.
Sec. 1624. Requirements for certain high-level positions to be held by reserve component general or flag officers.
Sec. 1625. Retirement age and years of service limitations on certain reserve general and flag officers.
Sec. 1626. Additional reporting requirements relating to National Guard equipment.
TITLE XVII--DEFENSE READINESS PRODUCTION BOARD
Sec. 1702. Establishment of Defense Readiness Production Board.
Sec. 1703. Defense Production Industry Advisory Council.
Sec. 1704. Role of Chairman of Board in certain reporting processes.
Sec. 1705. Authority to use multiyear contracts.
Sec. 1706. Transfer authority.
Sec. 1707. Special authority for use of working capital funds for critical readiness requirements.
Sec. 1708. Strategic Readiness Fund.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
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. Modification of authority to carry out certain fiscal year 2006 project.
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. Repeal of authorization for construction of Navy Outlying Landing Field, Washington County, North Carolina.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year 2006 project.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.
Sec. 2404. Authorization of appropriations, Defense Agencies.
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 Guard and Reserve construction and land acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2005 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2004 projects.
Sec. 2704. Effective date.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
Sec. 2801. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects.
Sec. 2802. Increased threshold for congressional notification of leases for military family housing facilities in foreign countries.
Sec. 2803. Limitation on use of alternative authority for acquisition and improvement of military housing for privatization of temporary lodging facilities.
Sec. 2804. Expansion of authority to exchange reserve component facilities.
Sec. 2805. Extension of authority to accept cash equalization payments for reserve component facility exchanges.
Sec. 2806. Authority to use operation and maintenance funds for construction projects outside the United States.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Continued consolidation of real property provisions without substantive change.
Sec. 2812. Cooperative agreement authority for management of cultural resources on certain sites outside military installations.
Sec. 2813. Agreements to limit encroachments and other constraints on military training, testing, and operations.
Sec. 2814. Expansion to all military departments of Army pilot program for purchase of certain municipal services for military installations.
Sec. 2815. Retention of proceeds from enhanced use leases at Selfridge Air National Guard Base.
Sec. 2816. Prohibition on commercial flights into Selfridge Air National Guard Base.
Subtitle C--Base Closure and Realignment
Sec. 2821. Transfer of funds from Department of Defense Base Closure Account 2005 to Department of Defense Housing Funds.
Subtitle D--Land Conveyances
Sec. 2831. Conditions on acquisition of land for expansion of Pinon Canyon Maneuver Site, Colorado.
Sec. 2832. Grant of easement, Eglin Air Force Base, Florida.
Sec. 2833. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2834. Additional conditions on lease of property for headquarters facility for United States Southern Command, Florida.
Sec. 2835. Transfer of jurisdiction, former Nike missile site, Grosse Isle, Michigan.
Sec. 2836. Land Exchange, Fort Hood, Texas.
Sec. 2837. Exchange of jurisdiction over real property involving Fort Belvoir, Virginia.
Sec. 2838. Modification of conveyance authority, Marine Corps Base, Camp Pendleton, California.
Subtitle E--Energy Security
Sec. 2851. Repeal of congressional notification requirement regarding cancellation ceiling for Department of Defense energy savings performance contracts.
Sec. 2852. Report on opportunities for leveraging funds of the Department of Defense and States to prevent disruption in event of electric grid or pipeline failures.
Subtitle F--Other Matters
Sec. 2861. Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery.
Sec. 2862. Transfer of jurisdiction over Air Force Memorial to Department of the Air Force.
Sec. 2863. Establishment of national military working dog teams monument on suitable military installation.
Sec. 2864. Naming housing facility at Fort Carson, Colorado, in honor of the Honorable Joel Hefley, a former member of the United States House of Representatives.
Sec. 2865. Naming Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of the Honorable Lane Evans, a former member of the United States House of Representatives.
Sec. 2866. Naming of research laboratory at Air Force Rome Research Site, Rome, New York, in honor of the Honorable Sherwood L. Boehlert, a former member of the United States House of Representatives.
Sec. 2867. Naming of administration building at Joint Systems Manufacturing Center, Lima, Ohio, in honor of the Honorable Michael G. Oxley, a former member of the United States House of Representatives.
Sec. 2868. Naming of Logistics Automation Training Facility, Army Quartermaster Center and School, Fort Lee, Virginia, in honor of General Richard H. Thompson.
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. Study on using existing pits for the Reliable Replacement Warhead program.
Sec. 3112. National Nuclear Security Administration study on nuclear weapons complex protective forces.
Sec. 3113. Report on retirement and dismantlement of nuclear warheads.
Sec. 3114. Assessment of security risks posed to nuclear weapons complex.
Sec. 3115. Department of Energy report on plan to strengthen and expand International Radiological Threat Reduction program.
Sec. 3116. Department of Energy report on plan to strengthen and expand Materials Protection, Control, and Accounting program.
Sec. 3117. Authority to use International Nuclear Materials Protection and Cooperation program funds outside the former Soviet Union.
Sec. 3118. Increased authority for ombudsman under Energy Employees Occupational Illness Compensation Program.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously authorized disposals from the national defense stockpile.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2008.
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to Navy for disposal.
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. 102. Navy and Marine Corps.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement Package vehicles.
Sec. 112. Multiyear procurement authority for M2A3 Bradley Fighting Vehicles, M3A3 Cavalry Fighting Vehicles, and M2A3 Bradley Fire Support Team Vehicles.
Sec. 113. Multiyear procurement authority for conversion of CH-47D helicopters to CH-47F configuration.
Sec. 114. Multiyear procurement authority for CH-47F helicopters.
Sec. 115. Limitation on use of funds for Joint Network Node program pending certification to Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System production line pending report.
Subtitle C--Navy Programs
Sec. 121. Authority to transfer funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex overhauls.
Sec. 122. Multiyear procurement authority for Virginia-class submarine program.
Sec. 123. Limitation on final assembly of VH-71 Presidential transport helicopters.
Sec. 124. Limitation on operational deployment of weapons system that uses Trident missiles converted to carry conventional payloads.
Sec. 125. Program to provide contractors with capital expenditure incentives.
Sec. 126. Limitation on use of shipbuilding and conversion, Navy, funds for employment of nonimmigrant workers.
Sec. 127. Limitation on concurrent design and construction on first ship of a shipbuilding program.
Subtitle D--Air Force Programs
Sec. 131. Limitation on retiring C-5 aircraft.
Sec. 132. Limitation on Joint Cargo Aircraft.
Sec. 133. Clarification of limitation on retirement of U-2 aircraft.
Sec. 134. Repeal of requirement to maintain retired C-130E tactical airlift aircraft.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Army as follows:
(1) For aircraft, $3,928,139,000.
(2) For missiles, $2,114,902,000.
(3) For weapons and tracked combat vehicles, $3,311,117,000.
(4) For ammunition, $2,238,176,000.
(5) For other procurement, $11,465,456,000.
(6) For the Joint Improvised Explosive Device Defeat Fund, $500,000,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Navy as follows:
(1) For aircraft, $12,750,767,000.
(2) For weapons, including missiles and torpedoes, $3,058,387,000.
(3) For shipbuilding and conversion, $15,744,120,000.
(4) For other procurement, $5,443,612,000.
(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Marine Corps in the amount of $2,580,257,000.
(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement of ammunition for the Navy and the Marine Corps in the amount of $1,060,484,000.
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, $12,356,270,000.
(2) For ammunition, $868,917,000.
(3) For missiles, $5,138,002,000.
(4) For other procurement, $15,441,762,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2008 for Defense-wide procurement in the amount of $3,537,834,000.
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the procurement of aircraft, missiles, wheeled and tracked combat vehicles, tactical wheeled vehicles, ammunition, other weapons, and other procurement for the reserve components of the Armed Forces in the amount of $1,131,850,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS SYSTEM ENHANCEMENT PACKAGE VEHICLES.
(a) Authority- The Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2008 program year, for procurement of M1A2 Abrams System Enhancement Package vehicles.
(b) Limitation on Term of Contract- Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this section may not be for a period in excess of five program years.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3 BRADLEY FIGHTING VEHICLES, M3A3 CAVALRY FIGHTING VEHICLES, AND M2A3 BRADLEY FIRE SUPPORT TEAM VEHICLES.
(a) Authority- The Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2008 program year, for procurement of M2A3 Bradley Fighting Vehicles, M3A3 Cavalry Fighting Vehicles, and M2A3 Bradley Fire Support Team Vehicles.
(b) Limitation on Term of Contract- Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this section may not be for a period in excess of four program years.
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION OF CH-47D HELICOPTERS TO CH-47F CONFIGURATION.
(a) Authority- The Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2008 program year, for conversion of CH-47D helicopters to the CH-47F configuration.
(b) Limitation on Term of Contract- Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this section may not be for a period in excess of five program years.
SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH-47F HELICOPTERS.
(a) Authority- The Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2008 program year, for procurement of CH-47F helicopters.
(b) Limitation on Term of Contract- Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this section may not be for a period in excess of five program years.
SEC. 115. LIMITATION ON USE OF FUNDS FOR JOINT NETWORK NODE PROGRAM PENDING CERTIFICATION TO CONGRESS.
Of the amounts authorized to be appropriated for fiscal year 2008 for Other Procurement, Army, that are available for the Joint Network Node program, not more than 50 percent may be obligated or expended until the Secretary of the Army submits to the congressional defense committees the Secretary's certification, in writing, that--
(1) the Joint Network Node program is a program of record in accordance with Department of Defense Instruction 5000.2, `Operation of the Defense Acquisition System', dated May 12, 2003;
(2) the Director of Operational Test and Evaluation has approved a plan for an operational test and evaluation of the Joint Network Node system; and
(3) the Army plans to procure all future lots of equipment for the Joint Network Node program through a competitive bid process.
SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL MISSILE SYSTEM PRODUCTION LINE PENDING REPORT.
(a) Prohibition- Amounts appropriated pursuant to the authorization of appropriations in section 101(2) for missiles, Army, and in section 1502(4) for missile procurement, Army, and any other appropriated funds available to the Secretary of the Army may not be used to commence, continue, or complete the closure of the production line for the Army Tactical Missile System program until at least 120 days after the date on which the Secretary of the Army submits to the congressional defense committees a report that contains--
(1) the certification of the Secretary that the long range surface-to-surface strike and counter battery mission of the Army can be adequately performed by other elements of the Armed Forces;
(2) a plan to mitigate any shortfalls in the industrial base that would be created by the closure of the production line; and
(3) a plan to replace the Army's capability to perform long range surface-to-surface strike and counter battery missions.
(b) Submission of Report- The report referred to in subsection (a) is required not later than April 1, 2008.
Subtitle C--Navy Programs
SEC. 121. AUTHORITY TO TRANSFER FUNDS FOR SUBMARINE ENGINEERED REFUELING OVERHAULS AND CONVERSIONS AND FOR AIRCRAFT CARRIER REFUELING COMPLEX OVERHAULS.
(a) In General- Chapter 633 of title 10, United States Code, is amended by adding at the end the following:
`Sec. 7317. Transfer of funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex overhauls
`(a) Authority- From amounts made available to the Department of Defense for fiscal year 2008 or any fiscal year thereafter, the Secretary of Defense may transfer, to the account for procurement, Navy, for shipbuilding and conversion, such amounts as the Secretary determines necessary to cover the costs of submarine engineered refueling overhauls and conversions or aircraft carrier refueling complex overhauls. Amounts so transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which transferred. This transfer authority is in addition to any other transfer authority available to the Secretary.
`(b) Determination- The authority under this section may be exercised only where the Secretary determines that the transfer of funds is required because of the discovery, during the overhaul or conversion concerned, of unanticipated and emergent maintenance or repair.
`(c) Notification- A transfer may be made under this section if--
`(1) the Secretary determines that the overhaul or conversion concerned can be completed, so as to return the submarine or aircraft carrier to a full operational status, with that transfer; and
`(2) the Secretary submits to the congressional defense committees a written notification of the determination required by subsection (b) and the determination required by paragraph (1), together with explanations of the basis for each such determination.
`(d) Limitation of $20,000,000- An overhaul or conversion may receive one or more transfers under this section, but may not receive more than $20,000,000 in such transfers, regardless of fiscal year.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`7317. Transfer of funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex overhauls.'.
SEC. 122. 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 2008 program year, for the procurement of Virginia-class submarines and Government-furnished equipment associated with the Virginia-class submarine program.
(b) Limitation- The Secretary may not enter into a contract authorized by subsection (a) until--
(1) the Secretary submits to the congressional defense committees a certification that the Secretary has made, with respect to that contract, each of the findings required by subsection (a) of section 2306(b) of title 10, United States Code; and
(2) a period of 30 days has elapsed after the date of the transmission of such certification.
SEC. 123. LIMITATION ON FINAL ASSEMBLY OF VH-71 PRESIDENTIAL TRANSPORT HELICOPTERS.
(a) In General- No funds appropriated pursuant to an authorization of appropriations or otherwise made available for aircraft procurement, Navy, may be obligated or expended for the final assembly of more than five VH-71 Presidential transport helicopters.
(b) Exception- The limitation in subsection (a) does not apply to a helicopter if the final assembly of the helicopter is carried out in the United States.
SEC. 124. LIMITATION ON OPERATIONAL DEPLOYMENT OF WEAPONS SYSTEM THAT USES TRIDENT MISSILES CONVERTED TO CARRY CONVENTIONAL PAYLOADS.
(a) Limitation- No funds appropriated or otherwise available to the Department of Defense for fiscal year 2008 may be obligated or expended for operational deployment of a weapons system that uses Trident missiles converted to carry conventional payloads.
(b) Notification- Within 30 days after the date on which the Secretary of Defense determines that the weapons system referred to in subsection (a) is fully functional and that fielding the weapons system is necessary to meet military requirements, the Secretary shall submit to the congressional defense committees notification, in writing, of that determination.
SEC. 125. PROGRAM TO PROVIDE CONTRACTORS WITH CAPITAL EXPENDITURE INCENTIVES.
(a) In General- From amounts made available for procurement, Navy, for shipbuilding and conversion, for fiscal year 2008 or any fiscal year thereafter, the Secretary of the Navy may carry out a program under which the Secretary provides contractors with capital expenditure incentives to support investment in facilities and process improvements for current and future Navy vessel construction contracts.
(b) Use of Funds- Amounts provided to a contractor under the program may be used for improvements that benefit any one or more of the shipbuilding programs in the contractor's facilities.
(c) Analysis Required- Amounts may be provided to a contractor under the program only if the contractor presents a proposal containing a fully supported analysis that demonstrates that the investment would lead to ship construction or life cycle savings to the Federal Government by--
(1) improvements in design, material, technology, or manufacturing process;
(2) investing in shipyard infrastructure that would support construction process improvement;
(3) investing in specialized workforce training, including apprenticeship training programs; or
(4) investing in construction process that would reduce life cycle maintenance costs of the vessels under construction at the contractor's facilities.
(d) Approval- The Secretary shall not provide amounts to a contractor under the program unless the Secretary determines that--
(1) the analysis contained in the proposal is sound; and
(2) providing those amounts is in the best interests of the United States.
(e) Demonstration of Savings to the Federal Government- The Secretary shall not provide amounts to a contractor under the program unless the Secretary and the contractor, as part of the approval process for a proposal, agree to measures, benchmarks, and recoupment provisions in the event the investment fails to demonstrate savings to the Federal Government.
(f) Report- At the end of each fiscal year, beginning with fiscal year 2008, the Secretary shall submit to the congressional defense committees a report on the activities carried out under this section during that fiscal year. The report shall describe each incentive approved during that fiscal year and, for each such incentive, include an estimate of the costs of providing the incentive and an analysis of the potential savings to the Federal Government from the investment.
(g) Regulations- The Secretary shall prescribe regulations to carry out this section. The initial regulations shall be prescribed not later than 180 days after the date of the enactment of this Act.
SEC. 126. LIMITATION ON USE OF SHIPBUILDING AND CONVERSION, NAVY, FUNDS FOR EMPLOYMENT OF NONIMMIGRANT WORKERS.
(a) Limitation on the Use of Funds-
(1) IN GENERAL- Except as provided in subsection (c), funds appropriated or otherwise available to the Department of Defense for Shipbuilding and Conversion, Navy, for fiscal year 2008 or any fiscal year thereafter may not be used for the purpose of ship construction at the facility of a contractor who, for the purposes of United States Navy ship construction, employs or contracts for foreign workers who are legally present in the United States under a H2B visa.
(2) CONTRACTORS COVERED- Paragraph (1) applies to prime contractors and subcontracts at any tier under such contracts.
(b) Analysis of Shipyard Labor-
(1) IN GENERAL- The Assistant Secretary of the Navy for Research, Development, and Acquisition shall maintain a five-year forecast of potential labor surplus, by shipyard, for each of the shipyards that construct ships for the Navy based on the Navy's annual naval vessel construction plan required by section 231 of title 10, United States Code.
(2) INCLUSION IN PLAN- The forecast required by paragraph (1) shall be included in each plan submitted in accordance with section 231 of title 10, United States Code.
(c) Exception for Shortage of United States Workers- The Secretary of the Navy may waive the restriction in subsection (a) for a contractor for a fiscal year if the contractor certifies to the Secretary for that fiscal year that--
(1) the contractor has fully complied with all existing laws and regulations regarding labor certifications in support of an application for alien employment via the H2B visa process;
(2) a Department of Labor regional certifying officer has issued a determination approving such an application, in accordance with existing laws and regulations; and
(3) the contractor has attempted to recruit United States shipyard workers in the geographical area surrounding shipyards identified in the most recent Navy annual naval vessel construction plan as having potential labor surpluses, in a manner that is consistent with procedures which shall be prescribed by the Secretary and that--
(A) is appropriate for the occupation;
(B) offers, at a minimum, the same transportation and housing benefits to be offered to alien employees; and
(C) is most likely to bring responses.
SEC. 127. LIMITATION ON CONCURRENT DESIGN AND CONSTRUCTION ON FIRST SHIP OF A SHIPBUILDING PROGRAM.
(a) In General- For any shipbuilding program that is a major defense acquisition program under section 2430 of title 10, United States Code, the start of construction of a first ship (as defined in subsection (b)) may not occur until the Secretary of the Navy certifies to the congressional defense committees that the detailed design of the ship is completed and approved by the relevant design certification agents, to a level determined by the Secretary to be acceptable for commencement of construction, via a report described in subsection (d).
(b) First Ship- For purposes of subsection (a), a ship is a first ship if--
(1) the ship is the first ship to be constructed under that shipbuilding program;
(2) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program; or
(3) the ship is the first ship to be constructed following a major design change, characterized as a change in flight, under that shipbuilding program.
(c) Start of Construction- For purposes of subsection (a), start of construction means the beginning of fabrication of the hull and superstructure of the ship.
(d) Report- The Secretary of the Navy shall provide the certification required by subsection (a) in a report that provides an assessment of each of the following:
(1) The degree of completion of the detailed design drawings and specifications for the ship.
(2) The readiness of the shipyard facilities and workforce to begin construction.
(3) The maturity level of research and development efforts of any new technologies that will be used in the ship's command and control systems, weapons systems, sensor systems, mechanical or electrical systems, or hull.
(4) The ability to meet cost and schedule estimates within the applicable program baseline.
(1) NEW SHIPBUILDING PROGRAMS- This section applies to each shipbuilding program beginning after the date of the enactment of this Act.
(2) MAJOR DESIGN CHANGES FOR EXISTING SHIPBUILDING PROGRAMS- In addition, subsection (b)(3) applies to any major design change occurring after the date of the enactment of this Act to any shipbuilding program in existence as of the date of the enactment of this Act.
Subtitle D--Air Force Programs
SEC. 131. LIMITATION ON RETIRING C-5 AIRCRAFT.
(a) Certification and Cost Analysis Required- The Secretary of the Air Force may not proceed with a decision to retire C-5A aircraft from the inventory of the Air Force in any number that would reduce the total number of such aircraft in the inventory below 111 until 45 days after the Secretary of the Air Force submits to the congressional defense committees the following:
(1) The Secretary's certification that--
(A) the Secretary is able to comply with subsection (g) of section 8062 of title 10, United States Code; and
(B) retiring the aircraft will not significantly increase operational risk of not meeting the National Military Strategy.
(2) A cost analysis with respect to the aircraft to be retired that--
(A) evaluates which alternative is more prudent in meeting strategic airlift mobility requirements--
(i) to retire the aircraft; or
(ii) to perform the Avionics Modernization Program (AMP) and the Reliability Enhancement and Re-engining Program (RERP) on the aircraft; and
(B) evaluates the cost of C-17 aircraft to replace the capability of the aircraft to be retired.
(b) Additional Requirements for Cost Analysis- The cost analysis required by subsection (a)(2) shall be performed by a Federally Funded Research and Development Center selected by the Air Force and shall conform to the following requirements:
(1) The cost analysis shall include one analysis that uses `constant year dollars' and one analysis that uses `then year dollars'.
(2) For each such analysis, the time period covered by the analysis shall be the expected service life of the aircraft concerned.
(3) For each such analysis, the ownership costs evaluated shall include costs for--
(A) planned technology insertions or upgrades over the service life of the aircraft to meet emerging requirements;
(B) research and development;
(F) production termination;
(K) military construction;
(M) cost of replacement due to attrition; and
(4) The cost analysis shall include each of the following:
(A) An assessment of the quality of each cost analysis.
(B) A discussion of each of the following:
(i) The assumptions used.
(ii) The benefits to be realized from each alternative.
(iii) Adverse impacts to be realized from each alternative.
(iv) Cargo capacity, operational availability, departure reliability, and mission capability.
(vi) Aircrew ratios and associated training requirements.
(vii) Performing AMP and RERP on only C-5B and C5C aircraft.
(C) A summary table that compares and contrasts each alternative with respect to each of the requirements of this subsection.
(c) Conforming Repeal- Section 132 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1411) is repealed.
SEC. 132. LIMITATION ON JOINT CARGO AIRCRAFT.
No funds appropriated pursuant to an authorization of appropriations or otherwise made available for procurement, or for research, development, test, and evaluation, may be obligated or expended for the Joint Cargo Aircraft until 30 days after the Secretary of Defense submits to the congressional defense committees each of the following:
(1) The Air Force Air Mobility Command's Airlift Mobility Roadmap.
(2) The Department of Defense Intra-Theater Airlift Capabilities Study.
(3) The Department of Defense Joint Intra-Theater Distribution Assessment.
(4) The Joint Cargo Aircraft Functional Area Series Analysis.
(5) The Joint Cargo Aircraft Analysis of Alternatives.
(6) The Secretary's certification that--
(A) there is, within the Department of the Army, Department of the Air Force, Army National Guard, or Air National Guard, a capability gap or shortfall with respect to intra-theater airlift; and
(B) validated requirements exist to fill that gap or shortfall through procurement of the Joint Cargo Aircraft.
SEC. 133. CLARIFICATION OF LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.
Section 133(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2112) is amended--
(A) by striking `After fiscal year 2007' and inserting `For each fiscal year after fiscal year 2007'; and
(B) by inserting after `Secretary of Defense' the following: `, in that fiscal year,'; and
(A) by inserting after `Department of Defense' the following: `in a fiscal year'; and
(B) by inserting after `Congress' the following: `in that fiscal year'.
SEC. 134. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED C-130E TACTICAL AIRLIFT AIRCRAFT.
Section 137(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) is repealed.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Operational test and evaluation of Future Combat Systems network.
Sec. 212. Limitation on systems development and demonstration of Joint Light Tactical Vehicle program.
Sec. 213. Requirement to obligate funds for development and procurement of a competitive propulsion system for the Joint Strike Fighter.
Sec. 214. Limitation on use of funds for manufacturing science and technology program.
Subtitle C--Ballistic Missile Defense
Sec. 221. Oversight of Missile Defense Agency programs by Director of Operational Test and Evaluation.
Sec. 222. Fielding of ballistic missile defense capabilities and future roles and missions of Missile Defense Agency.
Sec. 223. Limitation on use of funds for replacing warhead on SM-3 Block IIA missile.
Sec. 224. Two-year extension of Comptroller General assessments of ballistic missile defense programs.
Sec. 225. Independent study on deploying missile defense system in Europe.
Sec. 226. Sense of Congress concerning full support for development and fielding of a layered ballistic missile defense.
Subtitle D--Other Matters
Sec. 231. Responsibility for human systems integration activities.
Sec. 232. Expansion of authority for encouragement of technology transfer.
Sec. 233. Army Venture Capital Fund demonstration.
Sec. 234. Independent tests for combat helmet pad suspension systems.
Sec. 235. Report on implementation of Manufacturing Technology Program.
Sec. 236. Assessment of sufficiency of test and evaluation personnel.
Sec. 237. Repeal of requirement for separate reports on technology area review and assessment summaries.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test, and evaluation as follows:
(1) For the Army, $10,082,498,000.
(2) For the Navy, $17,333,601,000.
(3) For the Air Force, $25,738,960,000.
(4) For Defense-wide activities, $20,141,264,000, 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, $11,504,291,000 shall be available for the Defense Science and Technology Program, including basic research, applied research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced Technology Development Defined- For purposes of this section, the term `basic research, applied research, and advanced technology development' means work funded in program elements for defense research and development under Department of Defense budget activity 1, 2, or 3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. OPERATIONAL TEST AND EVALUATION OF FUTURE COMBAT SYSTEMS NETWORK.
(a) Operational Test and Evaluation Required- The Secretary of the Army, in cooperation with the Director, Operational Test and Evaluation, shall complete an operational test and evaluation (as defined in section 139(a)(2)(A) of title 10, United States Code), of the FCS network in a realistic environment simulating operational conditions. The operational test and evaluation shall--
(1) be conducted and approved by the Director, Operational Test and Evaluation;
(2) be conducted using production representative equipment, sensors, and software for the FCS network;
(3) be conducted in a manner that simulates a full Future Combat Systems brigade;
(4) be conducted, to the maximum extent possible, using actual communications equipment instead of computer simulations;
(5) be conducted in a realistic operational electronic warfare environment, including enemy electronic warfare and network attacks; and
(6) include, to the maximum extent possible, all sensor information feeds the FCS network is designed to incorporate.
(b) FCS Network Defined- In this section, the term `FCS network' includes all sensors, information systems, computers, and communications systems necessary to support Future Combat Systems brigade operations.
(c) Report- Not later than 120 days after completing the operational test and evaluation required by subsection (a), the Director, Operational Test and Evaluation shall submit to the congressional defense committees a report on the outcome of the operational test and evaluation. The report shall include, at a minimum--
(1) an evaluation of the overall operational effectiveness of the FCS network, including--
(A) an evaluation of the FCS network's capability to transmit the volume and classes of data required by Future Combat Systems approved requirements; and
(B) an evaluation of the FCS network's performance in a degraded condition due to enemy network attack, sophisticated enemy electronic warfare, adverse weather conditions, and terrain variability;
(2) an evaluation of the FCS network's ability to improve friendly force knowledge of the location and capability of enemy forces and combat systems; and
(3) an evaluation of the overall operational suitability of the FCS network.
(d) Limitation Pending Submission of Report-
(1) IN GENERAL- No funds appropriated pursuant to an authorization of appropriations or otherwise made available to the Department of the Army for any fiscal year may be obligated for low-rate initial production or full-rate production of Future Combat Systems manned ground vehicles until 60 days after the date on which the report is submitted under subsection (c).
(2) WAIVER AUTHORITY- The Secretary of Defense may waive the limitation in paragraph (1) if the Secretary determines that such a waiver is critical for national security. Such a waiver shall not become effective until 14 days after the date on which the Secretary submits to the congressional defense committees a written notice of the waiver.
(3) INAPPLICABILITY TO THE NON LINE OF SIGHT CANNON VEHICLE- The limitation in paragraph (1) does not apply to the Non Line of Sight Cannon vehicle.
SEC. 212. LIMITATION ON SYSTEMS DEVELOPMENT AND DEMONSTRATION OF JOINT LIGHT TACTICAL VEHICLE PROGRAM.
No funds appropriated pursuant to an authorization of appropriations or otherwise made available for any fiscal year may be obligated or expended for the Joint Light Tactical Vehicle program beyond the Design Readiness Review for the acquisition program phase of systems development and demonstration until after the certification for the Joint Light Tactical Vehicle program is made and submitted as required by section 2366a of title 10, United States Code, and a progress report is received for review by the congressional defense committees.
SEC. 213. REQUIREMENT TO OBLIGATE FUNDS FOR DEVELOPMENT AND PROCUREMENT OF A COMPETITIVE PROPULSION SYSTEM FOR THE JOINT STRIKE FIGHTER.
Of the funds appropriated pursuant to an authorization of appropriations or otherwise made available, for fiscal year 2008 or any fiscal year thereafter, for research, development, test, and evaluation and procurement for the Joint Strike Fighter program, the Secretary of Defense shall obligate sufficient annual amounts to develop and procure a competitive propulsion system for the Joint Strike Fighter in order to conduct a competitive propulsion source selection.
SEC. 214. LIMITATION ON USE OF FUNDS FOR MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.
(a) In General- No funds available to the Office of the Secretary of Defense for any fiscal year may be obligated or expended for a manufacturing science and technology project unless the Director, Defense Research and Engineering, ensures that--
(1) the project is awarded using competitive procedures in accordance with section 2304 of title 10, United States Code;
(2) the project is carried out--
(A) under the Manufacturing Technology Program established by section 2521 of title 10, United States Code; and
(B) in compliance with all requirements of any directive that applies to manufacturing technology; and
(3) a technology transition agreement has been fully executed between the Director and a prospective technology user.
(b) Definitions- In this subsection:
(1) The term `technology transition agreement' means an agreement signed by officials of the Department of Defense that includes--
(A) a description of the prospective technology user's relevant technology needs in priority order;
(B) a description of the minimum increment of capability that must be developed in order for the prospective technology user to consider implementing the technology;
(C) a schedule of technology transition windows for each technology need;
(D) a description of discrete technology deliverables that specifically identifies which user need would be fulfilled by each deliverable;
(E) a schedule for technology deliverables that aligns with user defined technology transition opportunities; and
(F) a commitment by the prospective technology user to program for advanced development or procurement funding, as appropriate, upon successful delivery of the technology, in accordance with the other terms of the agreement.
(2) The term `prospective technology user' has the meaning given that term in section 2521(c)(6) of title 10, United States Code.
Subtitle C--Ballistic Missile Defense
SEC. 221. OVERSIGHT OF MISSILE DEFENSE AGENCY PROGRAMS BY DIRECTOR OF OPERATIONAL TEST AND EVALUATION.
(a) MDA to Report to OT&E- The Director of the Missile Defense Agency shall report promptly to the Director of Operational Test and Evaluation the results of--
(1) all operational test and evaluation conducted by the Missile Defense Agency with respect to any major defense acquisition program; and
(2) all studies conducted in connection with such operational test and evaluation.
(b) OT&E Observers at MDA Tests- The Director of Operational Test and Evaluation may require that such observers as the Director of Operational Test and Evaluation may designate are present during the preparation for, and the conduct of, the test part of any test and evaluation conducted by the Missile Defense Agency with respect to any major defense acquisition program.
(c) OT&E Access to Information- The Director of Operational Test and Evaluation shall have access to all information of the Department of Defense (including information of the Missile Defense Agency) that the Director considers necessary to review in order to carry out this section.
SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES AND FUTURE ROLES AND MISSIONS OF MISSILE DEFENSE AGENCY.
(a) Availability of RDT&E Funds for Fiscal 2009- Upon approval by the Secretary of Defense, funds appropriated pursuant to an authorization of appropriations or otherwise made available for fiscal year 2009 for research, development, test, and evaluation for the Missile Defense Agency--
(1) may be used for the development and fielding of ballistic missile defense capabilities; and
(2) may not be used for operations and support activities.
(b) Budgeting for Operations and Support for Fiscal 2009- For fiscal year 2009, any amount in the budget submitted to Congress under section 1105(a) of title 31, United States Code, for operations and support activities for the Missile Defense Agency shall be set forth under the account of the Department of Defense for operation and maintenance, Defense-wide, and, within that account, under the subaccount (or other budget activity level) for the Missile Defense Agency.
(c) Plan Required- Not later than March 1, 2008, the Director of the Missile Defense Agency shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a plan for transitioning the Missile Defense Agency from using research, development, test, and evaluation funds for missile defense fielding activities to using procurement funds for those activities where practicable.
(1) IN GENERAL- The Secretary of Defense shall enter into an agreement with one of the Federally Funded Research and Development Centers under which the Center will carry out a study to examine, and make recommendations with respect to, the long-term structure, roles, and missions of the Missile Defense Agency.
(A) REVIEW- The study shall include a full review of the structure, roles, and missions of the Missile Defense Agency.
(B) ASSESSMENTS- The study shall include an examination and assessment of the current and future--
(i) structure, roles, and missions of the Missile Defense Agency; and
(ii) relationship of the Missile Defense Agency with--
(I) the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics;
(II) the Office of the Under Secretary of Defense for Policy;
(III) the Director of Operational Test and Evaluation;
(IV) the Commander of the United States Strategic Command and other combatant commanders; and
(V) the military departments.
(C) RECOMMENDATIONS- The study shall include recommendations as to how the Missile Defense Agency can be made more effective to support the needs of the warfighter. The recommendations shall include specific recommendations as to whether--
(i) the Missile Defense Agency should be maintained in its current configuration;
(ii) the scope and nature of the Missile Defense Agency should be changed from an organization focused on research and development to an organization focused on combat support; and
(iii) the Missile Defense Agency should be abolished and its responsibilities transferred to the United States Strategic Command and the military departments.
(3) COOPERATION FROM GOVERNMENT- In carrying out the study, the Federally Funded Research and Development Center shall receive the full and timely cooperation of the Secretary of Defense and any other United States Government official in providing the Center with analyses, briefings, and other information necessary for the fulfillment of its responsibilities.
(4) REPORT- Not later than September 1, 2008, the Federally Funded Research and Development Center shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on its findings, conclusions, and recommendations.
(5) FUNDING- Funds for the study shall be provided from amounts appropriated for the Department of Defense.
SEC. 223. LIMITATION ON USE OF FUNDS FOR REPLACING WARHEAD ON SM-3 BLOCK IIA MISSILE.
None of the funds appropriated or otherwise made available pursuant to an authorization of appropriations in this Act may be obligated or expended to replace the unitary warhead on the SM-3 Block IIA missile with the Multiple Kill Vehicle until after the Secretary of Defense certifies to Congress that--
(1) the United States and Japan have reached an agreement to replace the unitary warhead on the SM-3 Block IIA missile; and
(2) replacing the unitary warhead on the SM-3 Block IIA missile with the Multiple Kill Vehicle will not delay the expected deployment date of 2014-2015 for that missile.
SEC. 224. TWO-YEAR 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 2010'; and
(2) in paragraph (2), by striking `through 2009' and inserting `through 2011'.
SEC. 225. INDEPENDENT STUDY ON DEPLOYING MISSILE DEFENSE SYSTEM IN EUROPE.
(a) Study Required- The Secretary of Defense shall enter into an agreement with one of the Federally Funded Research and Development Centers under which the Center will carry out a study on the political, technical, operational, force structure, and budgetary implications of deploying a long-range missile defense system in Europe.
(b) Analysis of Administration Proposal- The study shall provide a full analysis of the Administration's proposal to protect forward-deployed radars, Europe, and the United States by deploying, in Europe, interceptors and radars of the Ground-Based Midcourse Defense (GMD) system. In providing the analysis, the study shall examine each of the following:
(1) The technical capabilities of the GMD system, as so deployed, to effectively protect forward-deployed radars, Europe, and the United States.
(2) The political implications of such a deployment on the United States, the North Atlantic Treaty Organization, and other interested parties.
(3) The operational issues associated with such a deployment.
(4) The force structure implications of such a deployment.
(5) The budgetary implications of such a deployment.
(c) Analysis of Alternatives- The study shall also provide a full analysis of alternative systems that could be deployed to fulfill, in whole or in part, the protective purposes of the Administration's proposal. The alternative systems shall include a range of feasible combinations of other missile defense systems that are available or are expected to be available as of 2020. In providing the analysis, the study shall examine, for each alternative system included, the following:
(1) The technical capabilities of the alternative system, as so deployed, to effectively protect forward-deployed radars, Europe, and the United States.
(2) The political implications of such a deployment on the United States, the North Atlantic Treaty Organization, and other interested parties.
(3) The operational issues associated with such a deployment.
(4) The force structure implications of such a deployment.
(5) The budgetary implications of such a deployment.
(d) Cooperation Required- In carrying out the study, the Federally Funded Research and Development Center shall receive the cooperation of the Secretary of Defense, the Secretary of State, the Director of National Intelligence, and any other United States Government official in providing the Center with analyses, briefings, and other information necessary for the fulfillment of its responsibilities.
(e) Report- Not later than 180 days after the date of the enactment of this Act, the Federally Funded Research and Development Center shall submit to the congressional defense committees and the Secretary of Defense a report on the results of the study. The report shall be in unclassified form, but may include a classified annex.
(f) Funding- Of the amounts appropriated or otherwise made available pursuant to the authorization of appropriations in section 201(4), $1,000,000 is available to carry out the study required by this section.
SEC. 226. SENSE OF CONGRESS CONCERNING FULL SUPPORT FOR DEVELOPMENT AND FIELDING OF A LAYERED BALLISTIC MISSILE DEFENSE.
It is the sense of Congress that--
(1) the development and proliferation of ballistic missile and nuclear capabilities by rogue nations continues to grow, posing a serious threat to the national security of the United States, United States military forces deployed, and United States national security interests more broadly, as demonstrated by--
(A) the July 2006 test by North Korea of six short-range missiles and one longer-range Taepo Dong-2 missile, and the October 2006 test by North Korea of a nuclear device;
(B) the November 2006 and January 2007 test by Iran of nearly a dozen missiles and an ongoing effort by Iran to enrich uranium;
(C) the reported proliferation of BM-25 intermediate range ballistic missiles from North Korea to Iran; and
(D) the reported January 2007 test by Syria of Scud-D short-range ballistic missiles;
(2) the United States must have the capability to defend its homeland and forward-deployed military forces against the threats highlighted in paragraph (1);
(3) the United States is committed to working with its allies to obtain the capability to defend our broader national security interests against ballistic missile threats highlighted in paragraph (1);
(4) as specified in the John Warner National Defense Authorization Act for Fiscal Year 2007, `It is the policy of the United States that the Department of Defense accord priority within the missile defense program to the development, testing, fielding, and improvement of effective near-term missile defense capabilities, including the ground-based midcourse defense system, the Aegis ballistic missile defense system, the Patriot PAC-3 system, the Terminal High Altitude Area Defense system, and the sensors necessary to support such systems.';
(5) the Congress fully supports efforts by the Department of Defense to continue development, testing, and fielding of an effective, integrated, robust, layered ballistic missile defense system that is capable of intercepting ballistic missiles as described in paragraph (1) in various phases of flight;
(6) a layered defense requires fielding components on land and sea, space-based and other sensors, along with the command and control capability that ties the various components together; and
(7) it is in the national security interest of the United States to continue development, testing, and operations of the United States ballistic missile defense system to hedge against uncertainty in the development, test, and fielding of ballistic missile capabilities by rogue nations.
Subtitle D--Other Matters
SEC. 231. RESPONSIBILITY FOR HUMAN SYSTEMS INTEGRATION ACTIVITIES.
(a) In General- The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall coordinate and manage human systems integration activities throughout the acquisition programs of the Department of Defense.
(b) Administration- In carrying out subsection (a), the Secretary shall--
(1) designate a senior official to be responsible for the effort; and
(2) supervise the planning, management, and coordination of such activities.
(c) Responsibilities- In carrying out this section, the Secretary shall--
(1) develop a Department of Defense Instruction, and as necessary a Department of Defense Directive, specific to human systems integration activities; and
(2) identify and recommend, as appropriate, resource requirements for human systems integration activities.
(d) Designation- The designation required by subsection (b)(2) shall be made not later than 60 days after the date of the enactment of this Act.
SEC. 232. EXPANSION OF AUTHORITY FOR ENCOURAGEMENT OF TECHNOLOGY TRANSFER.
Section 2514(c) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
`(3)(A) Under the Program, the defense laboratories and research centers may, through leases, contracts, or other appropriate arrangements, provide facilities, services, and equipment to private industry in order to promote accelerated development of critical technologies and technology transfer initiatives that support the Department of Defense.
`(B) The facilities, services, and equipment provided under this paragraph shall be provided on a non-interference basis.
`(C) The defense laboratory or research center--
`(i) shall charge, accept, and retain fees in amounts necessary to recover the full costs of the facilities, services, and equipment provided, including capital improvement costs, utility and service costs, and equipment depreciation costs; and
`(ii) may charge, accept, and retain fees for providing the facilities, services, and equipment.
`(D) The defense laboratory or research center may accept payment in cash or in kind for fees charged under subparagraph (C).
`(E) Fees accepted under subparagraph (C) shall be credited to the account that was used to cover the costs for which the payment was provided. Amounts so credited shall be merged with amounts in that account, and shall be available for the same purposes, and subject to the same conditions and limitations, as other amounts in that account.'.
SEC. 233. ARMY VENTURE CAPITAL FUND DEMONSTRATION.
(a) In General- Of the amounts appropriated pursuant to the authorization of appropriations in section 201(1) or otherwise made available for research, development, test, and evaluation, Army, $10,000,000 is available for the Army Venture Capital Fund demonstration, to be used only for investment in renewable energy technologies.
(b) Definition- For purposes of this section, the Army Venture Capital Fund demonstration is the program for which funds were initially provided in section 8150 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107-117; 115 Stat. 2281), as extended and revised in section 8105 of Department of Defense Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1562).
SEC. 234. INDEPENDENT TESTS FOR COMBAT HELMET PAD SUSPENSION SYSTEMS.
(a) In General- From amounts made available pursuant to the authorization of appropriations in section 201(4) for research, development, test, and evaluation, Defense-wide, the Secretary of Defense shall carry out a test and evaluation of combat helmet pad suspension systems. The test and evaluation shall be carried out using verified product representative samples from the five producers of combat helmet pad suspension systems that are qualified as of the date of the enactment of this Act. The test and evaluation shall include an operational assessment of the pad suspension systems, including a field user evaluation.
(b) Independent Laboratory- The test and evaluation shall be carried out in an objective and transparent manner by a certified and qualified laboratory that is independent of the Federal Government.
(c) Report- Not later than September 30, 2008, the Secretary shall submit to the congressional defense committees a report on the results of the test and evaluation.
SEC. 235. REPORT ON IMPLEMENTATION OF MANUFACTURING TECHNOLOGY PROGRAM.
(a) Report Required- Not later than March 1, 2008, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the technologies and processes developed under the Manufacturing Technology Program required by section 2521 of title 10, United States Code.
(b) Elements- The report shall identify each technology or process implemented and, for each such technology or process, shall identify--
(1) the project of the Manufacturing Technology Program through which the technology or process was developed, the Federal and non-Federal participants in that project, and the duration of the project;
(2) the organization or program implementing the technology or process, and the type of implementation;
(3) the total Federal funding required to implement the technology or process, including--
(A) funds provided by military departments and Defense Agencies under the Manufacturing Technology Program;
(B) funds provided by the Department of Defense, or any element of the Department, to co-develop the technology or process;
(C) to the maximum extent possible, funds provided by the Department of Defense, or any element of the Department, to--
(i) mature the technology or process prior to transition to the Manufacturing Technology Program; and
(ii) fully implement the technology or process;
(4) the total value of industry cost share, if applicable; and
(5) the total value of cost avoidance or cost savings directly attributable to the implementation of the technology or process.
(c) Definition- For purposes of this section, the term `implementation' refers to--
(1) the use of a technology or process in the manufacture of defense materiel;
(2) the identification of a technology or process in the manufacturing baseline for a program of record that has not yet achieved full rate production; or
(3) the use of a technology or process for the manufacture of commercial items.
(d) Scope- The report shall include technologies or processes developed with funds appropriated or otherwise made available for Manufacturing Technology for fiscal years 2002 through 2007.
SEC. 236. ASSESSMENT OF SUFFICIENCY OF TEST AND EVALUATION PERSONNEL.
(a) Assessment Required- The Director of Operational Test and Evaluation shall assess whether the Director's professional staff meets the requirement of section 139(j) of title 10, United States Code, that the staff be sufficient to carry out the Director's duties and responsibilities.
(b) Inclusion in Report- The Director shall include the results of the assessment in the report, required by section 139(g) of title 10, United States Code, summarizing the operational test and evaluation activities during fiscal year 2007.
SEC. 237. REPEAL