S 1547 PCS
Calendar No. 185
110th CONGRESS
1st Session
S. 1547
[Report No. 110-77]
To authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 5, 2007
Mr. LEVIN, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar
A BILL
To authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2008'.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions- This Act is organized into three divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 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. Rapid Acquisition Fund.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement Package upgrades.
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle upgrades.
Sec. 113. Stryker Mobile Gun System.
Sec. 114. Consolidation of Joint Network Node program and Warfighter Information Network-Tactical program into single Army tactical network program.
Subtitle C--Navy Programs
Sec. 131. Multiyear procurement authority for Virginia class submarine program.
Subtitle D--Air Force Programs
Sec. 141. Limitation on retirement of C-130E/H tactical airlift aircraft.
Sec. 142. Limitation on retirement of KC-135E aerial refueling aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Advanced Sensor Applications Program.
Sec. 212. Active protection systems.
Sec. 213. Obligation and expenditure of funds for competitive procurement of propulsion system for the Joint Strike Fighter.
Subtitle C--Missile Defense Programs
Sec. 231. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.
Sec. 232. Limitation on availability of funds for deployment of missile defense interceptors in Alaska.
Sec. 233. Budget and acquisition requirements for Missile Defense Agency activities.
Sec. 234. Participation of Director, Operational Test and Evaluation, in missile defense test and evaluation activities.
Sec. 235. Extension of Comptroller General assessments of ballistic missile defense programs.
Subtitle D--Other Matters
Sec. 251. Modification of notice and wait requirement for obligation of funds for foreign comparative test program.
Sec. 252. Modification of cost sharing requirement for Technology Transition Initiative.
Sec. 253. Strategic plan for the Manufacturing Technology Program.
Sec. 254. Modification of authorities on coordination of Defense Experimental Program to Stimulate Competitive Research with similar Federal programs.
Sec. 255. Enhancement of defense nanotechnology research and development program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington.
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska.
Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in connection with Jackson Park Housing Complex, Washington.
Subtitle C--Program Requirements, Restrictions, and Limitations
Sec. 321. Availability of funds in Defense Information Systems Agency Working Capital Fund for technology upgrades to Defense Information Systems Network.
Sec. 322. Extension of temporary authority for contract performance of security guard functions.
Sec. 323. Report on incremental cost of early 2007 enhanced deployment.
Sec. 324. Individual body armor.
Subtitle D--Workplace and Depot Issues
Sec. 341. Extension of authority for Army industrial facilities to engage in cooperative activities with non-Army entities.
Sec. 342. Two-year extension of Arsenal Support Demonstration Program.
Subtitle E--Other Matters
Sec. 351. Enhancement of corrosion control and prevention functions within Department of Defense.
Sec. 352. Reimbursement for National Guard support provided to Federal agencies.
Sec. 353. Reauthorization of Aviation Insurance Program.
Sec. 354. Property accountability and disposition of unlawfully obtained property of the Armed Forces.
Sec. 355. Authority to impose reasonable conditions on the payment of full replacement value for claims related to personal property transported at Government expense.
Sec. 356. Authority for individuals to retain combat uniforms issued in connection with contingency operations.
Sec. 357. Modification of requirements on Comptroller General report on the readiness of Army and Marine Corps ground forces.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Increase in authorized strengths for Army officers on active duty in the grade of major to meet force structure requirements.
Sec. 502. Increase in authorized strengths for Navy officers on active duty in grades of lieutenant commander, commander, and captain to meet force structure requirements.
Sec. 503. Expansion of exclusion of military permanent professors from strength limitations for officers below general and flag grades.
Sec. 504. Mandatory retirement age for active-duty general and flag officers continued on active duty.
Sec. 505. Authority for reduced mandatory service obligation for initial appointments of officers in critically short health professional specialties.
Sec. 506. Increase in authorized number of permanent professors at the United States Military Academy.
Sec. 507. Expansion of authority for reenlistment of officers in their former enlisted grade.
Sec. 508. Enhanced authority for reserve general and flag officers to serve on active duty.
Sec. 509. Promotion of career military professors of the Navy.
Subtitle B--Enlisted Personnel Policy
Sec. 521. Increase in authorized daily average of number of members in pay grade E-9.
Subtitle C--Reserve Component Management
Sec. 531. Revised designation, structure, and functions of the Reserve Forces Policy Board.
Sec. 532. Charter for the National Guard Bureau.
Sec. 533. Appointment, grade, duties, and retirement of the Chief of the National Guard Bureau.
Sec. 534. Mandatory separation for years of service of Reserve officers in the grade of lieutenant general or vice admiral.
Sec. 535. Increase in period of temporary Federal recognition as officers of the National Guard from six to twelve months.
Subtitle D--Education and Training
Sec. 551. Grade and service credit of commissioned officers in uniformed medical accession programs.
Sec. 552. Expansion of number of academies supportable in any State under STARBASE program.
Sec. 553. Repeal of post-2007-2008 academic year prohibition on phased increase in cadet strength limit at the United States Military Academy.
Sec. 554. Treatment of Southold, Mattituck, and Greenport High Schools, Southold, New York, as single institution for purposes of maintaining a Junior Reserve Officers' Training Corps unit.
Subtitle E--Defense Dependents' Education Matters
Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Inclusion of dependents of non-Department of Defense employees employed on Federal property in plan relating to force structure changes, relocation of military units, or base closures and realignments.
Sec. 564. Authority for payment of private boarding school tuition for military dependents in overseas areas not served by Department of Defense dependents' schools.
Subtitle F--Military Justice and Legal Assistance Matters
Sec. 571. Authority of judges of the United States Court of Appeals for the Armed Forces to administer oaths.
Sec. 572. Military legal assistance for Department of Defense civilian employees in areas without access to non-military legal assistance.
Sec. 573. Modification of authorities on senior members of the Judge Advocate Generals' corps.
Subtitle G--Military Family Readiness
Sec. 581. Department of Defense Military Family Readiness Council.
Sec. 582. Department of Defense policy and plans for military family readiness.
Subtitle H--Other Matters
Sec. 591. Enhancement of carryover of accumulated leave for members of the Armed Forces.
Sec. 592. Uniform policy on performances by military bands.
Sec. 593. Waiver of time limitations on award of Medals of Honor to certain members of the Army.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Allowance for participation of Reserves in electronic screening.
Sec. 603. Midmonth payment of basic pay for contributions of members participating in Thrift Savings Plan.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear officers.
Sec. 614. Extension of authorities relating to payment of other bonuses and special pays.
Sec. 615. Increase in incentive special pay and multiyear retention bonus for medical officers of the Armed Forces.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Enhancement of hardship duty pay.
Sec. 618. Inclusion of service as off-cycle crewmember of multi-crewed ship in sea duty for career sea pay.
Sec. 619. Modification of reenlistment bonus for members of the Selected Reserve.
Sec. 620. Increase in years of commissioned service covered by agreements for nuclear-qualified officers extending periods of active duty.
Sec. 621. Authority to waive 25-year active duty limit for retention bonus for critical military skills with respect to certain members.
Sec. 622. Codification and improvement of authority to pay bonus to encourage members of the Army to refer other persons for enlistment in the Army.
Sec. 623. Authority to pay bonus to encourage Department of Defense personnel to refer other persons for appointment as officers to serve in health professions.
Sec. 624. Accession bonus for participants in Armed Forces Health Professions Scholarship and Financial Assistance program.
Subtitle C--Travel and Transportation Allowances
Sec. 641. Payment of expenses of travel to the United States for obstetrical purposes of dependents located in very remote locations outside the United States.
Sec. 642. Payment of moving expenses for Junior Reserve Officers' Training Corps instructors in hard-to-fill positions.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 651. Modification of scheme for payment of death gratuity payable with respect to members of the Armed Forces.
Sec. 652. Annuities for guardians or caretakers of dependent children under Survivor Benefit Plan.
Sec. 653. Expansion of combat-related special compensation eligibility for chapter 61 military retirees.
Sec. 654. Clarification of application of retired pay multiplier percentage to members of the uniformed services with over 30 years of service.
Sec. 655. Commencement of receipt of non-regular service retired pay by members of the Ready Reserve on active Federal status or active duty for significant periods.
Subtitle E--Education Benefits
Sec. 671. Tuition assistance for off-duty training or education.
Sec. 672. Expansion of Selected Reserve education loan repayment program.
Subtitle F--Other Matters
Sec. 681. Enhancement of authorities on income replacement payments for Reserves experiencing extended and frequent mobilization for active-duty service.
Sec. 682. Overseas naturalization of military family members.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Inclusion of TRICARE retail pharmacy program in Federal procurement of pharmaceuticals.
Sec. 702. Surveys on continued viability of TRICARE Standard and TRICARE Extra.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Substantial savings under multiyear contracts.
Sec. 802. Changes to Milestone B certifications.
Sec. 803. Comptroller General report on Department of Defense organization and structure for major defense acquisition programs.
Sec. 804. Investment strategy for major defense acquisition programs.
Sec. 805. Report on implementation of recommendations on total ownership cost for major weapon systems.
Subtitle B--Amendments Relating to General Contracting Authorities, Procedures, and Limitations
Sec. 821. Enhanced competition requirements for task and delivery order contracts.
Sec. 822. Clarification of rules regarding the procurement of commercial items.
Sec. 823. Clarification of rules regarding the procurement of commercial services.
Sec. 824. Modification of competition requirements for purchases from Federal Prison Industries.
Sec. 825. Five-year extension of authority to carry out certain prototype projects.
Sec. 826. Multiyear procurement authority for electricity from renewable energy sources.
Subtitle C--Acquisition Policy and Management
Sec. 841. Joint Requirements Oversight Council.
Sec. 842. Management structure for the procurement of contract services.
Sec. 843. Specification of amounts requested for procurement of contract services.
Sec. 844. Department of Defense Acquisition Workforce Development Fund.
Sec. 845. Inventories and reviews of contracts for services based on cost or time of performance.
Sec. 846. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.
Subtitle D--Department of Defense Contractor Matters
Sec. 861. Protection for contractor employees from reprisal for disclosure of certain information.
Sec. 862. Requirements for defense contractors relating to certain former Department of Defense officials.
Sec. 863. Report on contractor ethics programs of major defense contractors.
Sec. 864. Report on Department of Defense contracting with contractors or subcontractors employing members of the Selected Reserve.
Subtitle E--Other Matters
Sec. 871. Contractors performing private security functions in areas of combat operations.
Sec. 872. Enhanced authority to acquire products and services produced in Iraq and Afghanistan.
Sec. 873. Defense Science Board review of Department of Defense policies and procedures for the acquisition of information technology.
Sec. 874. Enhancement and extension of acquisition authority for the unified combatant command for joint warfighting experimentation.
Sec. 875. Repeal of requirement for identification of essential military items and military system essential item breakout list.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Repeal of limitation on major Department of Defense headquarters activities personnel.
Sec. 902. Chief management officers of the Department of Defense.
Sec. 903. Modification of background requirement of individuals appointed as Under Secretary of Defense for Acquisition, Technology, and Logistics.
Sec. 904. Department of Defense Board of Actuaries.
Sec. 905. Assistant Secretaries of the military departments for acquisition matters; principal military deputies.
Sec. 906. Flexible authority for number of Army Deputy Chiefs of Staff and Assistant Chiefs of Staff.
Sec. 907. Sense of Congress on term of office of the Director of Operational Test and Evaluation.
Subtitle B--Space Matters
Sec. 921. Space posture review.
Sec. 922. Additional report on oversight of acquisition for defense space programs.
Subtitle C--Other Matters
Sec. 931. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions.
Sec. 932. Board of Regents for the Uniformed Services University of the Health Sciences.
Sec. 933. United States Military Cancer Institute.
Sec. 934. Western Hemisphere Center for Excellence in Human Rights.
Sec. 935. Inclusion of commanders of Western Hemisphere combatant commands in Board of Visitors of Western Hemisphere Institute for Security Cooperation.
Sec. 936. Comptroller General assessment of proposed reorganization of the office of the Under Secretary of Defense for Policy.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional emergency supplemental appropriations for fiscal year 2007.
Sec. 1003. Modification of fiscal year 2007 general transfer authority.
Sec. 1004. United States contribution to NATO common-funded budgets in fiscal year 2008.
Sec. 1005. Financial management transformation initiative for the Defense Agencies.
Sec. 1006. Repeal of requirement for two-year budget cycle for the Department of Defense.
Sec. 1007. Extension of period for transfer of funds to Foreign Currency Fluctuations, Defense account.
Subtitle B--Counter-Drug Activities
Sec. 1011. Expansion of Department of Defense authority to provide support for counter-drug activities to certain additional foreign governments.
Subtitle C--Miscellaneous Authorities and Limitations
Sec. 1021. Enhancement of authority to pay rewards for assistance in combating terrorism.
Sec. 1022. Repeal of modification of authorities relating to the use of the Armed Forces in major public emergencies.
Sec. 1023. Procedures for Combatant Status Review Tribunals; modification of military commission authorities.
Sec. 1024. Gift acceptance authority.
Sec. 1025. Expansion of cooperative agreement authority for management of cultural resources.
Sec. 1026. Minimum annual purchase amounts for airlift from carriers participating in the Civil Reserve Air Fleet.
Sec. 1027. Provision of Air Force support and services to foreign military and state aircraft.
Sec. 1028. Participation in Strategic Airlift Capability Partnership.
Sec. 1029. Responsibility of the Air Force for fixed-wing support of Army intra-theater logistics.
Sec. 1030. Prohibition on sale of parts for F-14 fighter aircraft.
Subtitle D--Reports
Sec. 1041. Renewal of submittal of plans for prompt global strike capability.
Sec. 1042. Report on threats to the United States from ungoverned areas.
Sec. 1043. Study on national security interagency system.
Subtitle E--Other Matters
Sec. 1061. Revised nuclear posture review.
Sec. 1062. Termination of Commission on the Implementation of the New Strategic Posture of the United States.
Sec. 1063. Communications with the Committees on Armed Services of the Senate and the House of Representatives.
Sec. 1064. Repeal of standards for disqualification from issuance of security clearances by the Department of Defense.
Sec. 1065. Advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents.
Sec. 1066. Sense of Congress on the Western Hemisphere Institute for Security Cooperation.
Sec. 1067. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004.
Sec. 1068. Establishment of National Foreign Language Coordination Council.
Sec. 1069. Qualifications for public aircraft status of aircraft under contract with the Armed Forces.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Compensation of Federal wage system employees for certain travel hours.
Sec. 1102. Retirement service credit for service as cadet or midshipman at a military service academy.
Sec. 1103. Continuation of life insurance coverage for Federal employees called to active duty.
Sec. 1104. Department of Defense National Security Personnel System.
Sec. 1105. Authority to waive limitation on premium pay for Federal civilian employees working overseas under areas of United States Central Command.
Sec. 1106. Authority for inclusion of certain Office of Defense Research and Engineering positions in experimental personnel program for scientific and technical personnel.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to equip and train foreign personnel to assist in accounting for missing United States personnel.
Sec. 1202. Extension and enhancement of authority for security and stabilization assistance.
Sec. 1203. Commanders' Emergency Response Program.
Sec. 1204. Government Accountability Office report on Global Peace Operations Initiative.
Subtitle B--Other Authorities and Limitations
Sec. 1211. Cooperative opportunities documents under cooperative research and development agreements with NATO organizations and other allied and friendly foreign countries.
Sec. 1212. Extension and expansion of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.
Sec. 1213. Acceptance of funds from the Government of Palau for costs of military Civic Action Teams.
Sec. 1214. Extension of participation of the Department of Defense in multinational military centers of excellence.
Sec. 1215. Limitation on assistance to the Government of Thailand.
Sec. 1216. Presidential report on policy objectives and United States strategy regarding Iran.
Sec. 1217. Limitation on availability of certain funds pending implementation of requirements regarding North Korea.
Subtitle C--Reports
Sec. 1231. Reports on United States policy and military operations in Afghanistan.
Sec. 1232. Strategy for enhancing security in Afghanistan by eliminating safe havens for violent extremists in Pakistan.
Sec. 1233. One-year extension of update on report on claims relating to the bombing of the Labelle Discotheque.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Specification of Cooperative Threat Reduction programs in states outside the former Soviet Union.
Sec. 1304. Modification of authority to use Cooperative Threat Reduction funds outside the former Soviet Union.
Sec. 1305. Repeal of restrictions on assistance to states of the former Soviet Union for cooperative threat reduction.
Sec. 1306. National Academy of Sciences study of prevention of proliferation of biological weapons.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical Agents and Munitions Destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Sec. 1407. Reduction in certain authorizations due to savings from lower inflation.
Subtitle B--National Defense Stockpile
Sec. 1411. Disposal of ferromanganese.
Sec. 1412. Disposal of chrome metal.
Sec. 1413. Modification of receipt objectives for previously authorized disposals from the national defense stockpile.
Subtitle C--Civil Programs
Sec. 1421. Armed Forces Retirement Home.
Subtitle D--Chemical Demilitarization Matters
Sec. 1431. Modification of termination requirement for Chemical Demilitarization Citizens' Advisory Commissions.
Sec. 1432. Repeal of certain qualifications requirement for director of chemical demilitarization management organization.
Sec. 1433. Sense of Congress on completion of destruction of United States chemical weapons stockpile.
TITLE XV--OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Subtitle A--Authorization of Additional War-Related Appropriations
Sec. 1501. Army procurement.
Sec. 1502. Navy and Marine Corps procurement.
Sec. 1503. Air Force procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Research, development, test, and evaluation.
Sec. 1506. Operation and maintenance.
Sec. 1507. Military personnel.
Sec. 1508. Defense Health Program.
Sec. 1509. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1510. Joint Improvised Explosive Device Defeat Fund.
Sec. 1511. Iraq Security Forces Fund.
Sec. 1512. Afghanistan Security Forces Fund.
Sec. 1513. Iraq Freedom Fund.
Sec. 1514. Defense Working Capital Funds.
Sec. 1515. National Defense Sealift Fund.
Sec. 1516. Defense Inspector General.
Subtitle B--General Provisions Relating to Authorizations
Sec. 1522. Treatment as additional authorizations.
Sec. 1523. Special transfer authority.
Subtitle C--Other Matters
Sec. 1531. Limitation on availability of funds for certain purposes relating to Iraq.
Sec. 1532. Reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1533. Logistical support for coalition forces supporting operations in Iraq and Afghanistan.
Sec. 1534. Competition for procurement of small arms supplied to Iraq and Afghanistan.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army projects for which funds were not appropriated.
Sec. 2106. Modification of authority to carry out certain fiscal year 2006 project.
Sec. 2107. Extension of authorizations of certain fiscal year 2005 project.
Sec. 2108. Technical amendments to the Military Construction Authorization Act for 2007.
Sec. 2109. Ground lease, SOUTHCOM Headquarters Facility, Miami-Doral, Florida.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy projects for which funds were not appropriated.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air Force projects for which funds were not appropriated.
Sec. 2306. Modification of authority to carry out certain fiscal year 2006 project.
Sec. 2307. Extension of authorizations of certain fiscal year 2005 projects.
Sec. 2308. Extension of authorizations of certain fiscal year 2004 projects.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Termination or modification of authority to carry out certain fiscal year 2007 Defense Agencies projects.
Sec. 2405. Extension of authorizations of certain fiscal year 2005 projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, Guard and Reserve.
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard and Reserve projects for which funds were not appropriated.
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air Force Reserve construction and acquisition projects.
Sec. 2609. Extension of authorizations of certain fiscal year 2005 projects.
Sec. 2610. Extension of authorizations of certain fiscal year 2004 projects.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005.
Sec. 2704. Authorized cost and scope of work variations.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Effective Date and Expiration of Authorizations
Sec. 2801. Effective Date.
Sec. 2802. Expiration of authorizations and amounts required to be specified by law.
Subtitle B--Military Construction Program and Military Family Housing Changes
Sec. 2811. General military construction transfer authority.
Sec. 2812. Modifications of authority to lease military family housing.
Sec. 2813. Increase in thresholds for unspecified minor military construction projects.
Sec. 2814. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.
Sec. 2815. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects.
Sec. 2816. Two-year extension of temporary program to use minor military construction authority for construction of child development centers.
Sec. 2817. Extension of authority to accept equalization payments for facility exchanges.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Requirement to report transactions resulting in annual costs of more than $750,000.
Sec. 2832. Modification of authority to lease non-excess property.
Sec. 2833. Enhanced flexibility to create or expand buffer zones.
Sec. 2834. Reports on Army and Marine Corps operational ranges.
Sec. 2835. Consolidation of real property provisions without substantive change.
Subtitle D--Base Closure and Realignment
Sec. 2841. Niagara Air Reserve Base, New York, basing report.
Subtitle E--Land Conveyances
Sec. 2851. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2852. Modification to land conveyance authority, Fort Bragg, North Carolina.
Sec. 2853. Transfer of administrative jurisdiction, GSA property, Springfield, Virginia.
Subtitle F--Other Matters
Sec. 2861. Report on condition of schools under jurisdiction of Department of Defense Education Activity.
Sec. 2862. Repeal of requirement for study and report on impact to military readiness of proposed land management changes on public lands in Utah.
Sec. 2863. Additional project in Rhode Island.
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2901. Authorized war-related Army construction and land acquisition projects.
Sec. 2902. Authorization of war-related military construction appropriations, Army.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Limitation on availability of funds for Fissile Materials Disposition program.
Sec. 3113. Modification of limitations on availability of funds for Waste Treatment and Immobilization Plant.
Subtitle C--Other Matters
Sec. 3121. Nuclear test readiness.
Sec. 3122. Sense of Congress on the nuclear nonproliferation policy of the United States and the Reliable Replacement Warhead program.
Sec. 3123. Report on status of environmental management initiatives to accelerate the reduction of environmental risks and challenges posed by the legacy of the Cold War.
Sec. 3124. Comptroller General report on Department of Energy protective force management.
Sec. 3125. Technical amendments.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term `congressional defense committees' has the meaning given that term in section 101(a)(16) of title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Army as follows:
(1) For aircraft, $5,229,175,000.
(2) For missiles, $2,178,102,000.
(3) For weapons and tracked combat vehicles, $7,546,684,000.
(4) For ammunition, $2,228,976,000.
(5) For other procurement, $15,013,155,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Navy as follows:
(1) For aircraft, $13,475,107,000.
(2) For weapons, including missiles and torpedoes, $3,078,387,000.
(3) For shipbuilding and conversion, $13,605,638,000.
(4) For other procurement, $5,432,412,000.
(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Marine Corps in the amount of $2,699,057,000.
(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement of ammunition for the Navy and the Marine Corps in the amount of $926,597,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Air Force as follows:
(1) For aircraft, $12,593,813,000.
(2) For ammunition, $868,917,000.
(3) For missiles, $5,166,002,000.
(4) For other procurement, $16,312,962,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2008 for Defense-wide procurement in the amount of $3,385,970,000.
SEC. 105. RAPID ACQUISITION FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Rapid Acquisition Fund in the amount of $100,000,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS SYSTEM ENHANCEMENT PACKAGE UPGRADES.
The Secretary of the Army, in accordance with section 2306b of title 10, United States Code, may enter into a multiyear contract, beginning with the fiscal year 2008 program year, for procurement of M1A2 Abrams System Enhancement Package upgrades.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3/M3A3 BRADLEY FIGHTING VEHICLE UPGRADES.
The Secretary of the Army, in accordance with section 2306b of title 10, United States Code, may enter into a multiyear contract, beginning with the fiscal year 2008 program year, for procurement of M2A3/M3A3 Bradley fighting vehicle upgrades.
SEC. 113. STRYKER MOBILE GUN SYSTEM.
(a) Limitation on Availability of Funds- None of the amounts authorized to be appropriated by sections 101(3) and 1501(3) for procurement of weapons and tracked combat vehicles for the Army may be obligated or expended for purposes of the procurement of the Stryker Mobile Gun System until 30 days after the date on which the Secretary of the Army certifies to Congress that the Stryker Mobile Gun System is operationally effective, suitable, and survivable for its anticipated deployment missions.
(b) Waiver- The Secretary of Defense may waive the limitation in subsection (a) if the Secretary--
(1) determines that further procurement of the Stryker Mobile Gun System utilizing amounts referred to in subsection (a) is in the national security interest of the United States notwithstanding the inability of the Secretary of the Army to make the certification required by that subsection; and
(2) submits to the Congress, in writing , a notification of the waiver together with a discussion of--
(A) the reasons for the determination described in paragraph (1); and
(B) the actions that will be taken to mitigate any deficiencies that cause the Stryker Mobile Gun System not to be operationally effective, suitable, or survivable, as that case may be, as described in subsection (a).
SEC. 114. CONSOLIDATION OF JOINT NETWORK NODE PROGRAM AND WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM INTO SINGLE ARMY TACTICAL NETWORK PROGRAM.
(a) Consolidation Required- The Secretary of the Army shall consolidate the Joint Network Node program and the Warfighter Information Network-Tactical program into a single Army tactical network program.
(b) Report on Consolidation-
(1) REPORT REQUIRED- Not later than December 31, 2007, the Secretary shall, with the concurrence of the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Assistant Secretary of Defense for Networks and Information Integration, submit to the congressional defense committees a report setting forth a plan to consolidate the Joint Network Node program and the Warfighter Information Network-Tactical program into a single Army tactical network program as required by subsection (a).
(2) ELEMENTS- The report required by paragraph (1) shall include with respect to the acquisition of the single Army tactical network required by subsection (a) the following:
(A) An analysis of how the systems specified in paragraph (1) will be integrated, including--
(i) an analysis of whether there are opportunities to leverage technologies and equipment from the Warfighter Information Network-Tactical program as part of the continuing development and fielding of the Joint Network Node; and
(ii) an analysis of major technical challenges of integrating the two programs.
(B) A description of the extent to which components of the systems could be used together as elements of a single Army tactical network.
(C) A description of the strategy of the Army for completing the systems engineering necessary to ensure the end-to-end interoperability of a single Army tactical network as described in subsection (a).
(D) An assessment of the costs of acquiring the systems.
(E) An assessment of the technical compatibility of the systems.
(F) A description and assessment of the plans of the Army relating to ownership of the technical data packages for the systems, and an assessment of the capacity of the industrial base to support Army needs.
(G) A description of the plans and schedule of the Army for fielding the systems, and a description of the associated training schedule.
(H) A description of the plans of the Army for sustaining the single Army tactical network.
(I) A description of the plans of the Army for the insertion of new technology into the Joint Network Node.
(J) A description of the major technical challenges of integrating the two programs.
(K) An assessment as to whether other programs should be inserted into the single Army tactical network as required by subsection (a).
(L) An analysis of the interoperability requirements between the Army tactical network and the Joint Network Node, an assessment of the technological barriers to achievement of such interoperability requirements, and a description of formal mechanisms of coordination between the Army tactical network and the Joint Network Node program.
Subtitle C--Navy Programs
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE PROGRAM.
(a) Authority- The Secretary of the Navy may, in accordance with section 2306b of title 10, United States Code, enter into multiyear contracts, beginning with the fiscal year 2009 program year, for the procurement of Virginia-class submarines and government-furnished equipment.
(b) Limitation- The Secretary of the Navy may not enter into a contract authorized by subsection (a) until 30 days after the date on which the Secretary submits to the congressional defense committees a certification that the Secretary has made each of the findings with respect to such contract specified in subsection (a) of section 2306b of title 10, United States Code.
Subtitle D--Air Force Programs
SEC. 141. LIMITATION ON RETIREMENT OF C-130E/H TACTICAL AIRLIFT AIRCRAFT.
(a) Limitation- The Secretary of the Air Force may not retire C-130E/H tactical airlift aircraft during fiscal year 2008.
(b) Maintenance of Certain Retired Aircraft- The Secretary of the Air Force shall maintain each C-130E/H tactical airlift aircraft retired during fiscal year 2007 in a condition that will permit recall of such aircraft to future service.
SEC. 142. LIMITATION ON RETIREMENT OF KC-135E AERIAL REFUELING AIRCRAFT.
The Secretary of the Air Force shall not retire any KC-135E aerial refueling aircraft of the Air Force in fiscal year 2008 unless the Secretary provides written notification of such retirement to the congressional defense committees in accordance with established procedures.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test, and evaluation as follows:
(1) For the Army, $11,268,904,000.
(2) For the Navy, $16,296,395,000.
(3) For the Air Force, $25,581,989,000.
(4) For Defense-wide activities, $21,511,739,000, of which $180,264,000 is authorized for the Director of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2008- Of the amounts authorized to be appropriated by section 201, $11,204,784,000 shall be available for the Defense Science and Technology Program, including basic research, applied research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced Technology Development Defined- For purposes of this section, the term `basic research, applied research, and advanced technology development' means work funded in program elements for defense research and development under Department of Defense budget activity 1, 2, or 3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. ADVANCED SENSOR APPLICATIONS PROGRAM.
(a) Transfer of Funds- Of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide activities, and made available for the Foreign Material Acquisition and Exploitation Program and for activities of the Office of Special Technology, an aggregate of $20,000,000 shall be transferred to the Advanced Sensor Applications Program not later than 60 days after the date of the enactment of this Act.
(b) Reassignment of Program- Beginning not later than 30 days after the date of the enactment of this Act, the Advanced Sensor Applications Program shall be a program of the Defense Threat Reduction Agency, managed by the Director of the Defense Threat Reduction Agency, and shall be executed by the Program Executive Officer for Aviation for the Navy working for the Director of the Defense Threat Reduction Agency.
SEC. 212. ACTIVE PROTECTION SYSTEMS.
(a) Comparative Tests Required-
(1) IN GENERAL- The Secretary of Defense shall undertake comparative tests, including live-fire tests, of appropriate foreign and domestic active protection systems in order--
(A) to determine the effectiveness of such systems; and
(B) to develop information useful in the consideration of the adoption of such systems in defense acquisition programs.
(2) REPORTS- Not later than March 1 of each of 2008 and 2009, the Secretary shall submit to the congressional defense committees a report on the results of the tests undertaken under paragraph (1) as of the date of such report.
(b) Comprehensive Assessment Required-
(1) IN GENERAL- The Secretary shall undertake a comprehensive assessment of active protection systems in order to develop information useful in the development of joint active protection systems and other defense programs.
(2) ELEMENTS- The assessment under paragraph (1) shall include--
(A) an identification of the potential merits and operational costs of the use of active protection systems by United States military forces;
(B) a characterization of the threats that use of active protection systems by potential adversaries would pose to United States military forces and weapons;
(C) an identification and assessment of countermeasures to active protection systems;
(D) an analysis of collateral damage potential of active protection systems;
(E) an identification and assessment of emerging direct-fire and top-attack threats to defense systems that could potentially deploy active protection systems; and
(F) an identification and assessment of critical technology elements of active protection systems.
(3) REPORT- Not later than December 31, 2008, the Secretary shall submit to the congressional defense committees a report on the assessment under paragraph (1).
SEC. 213. OBLIGATION AND EXPENDITURE OF FUNDS FOR COMPETITIVE PROCUREMENT OF PROPULSION SYSTEM FOR THE JOINT STRIKE FIGHTER.
Within amount authorized to be appropriated for fiscal years after fiscal year 2007 for procurement, and for research, development, test, and evaluation, for the Joint Strike Fighter Program, the Secretary of Defense shall ensure the obligation and expenditure of sufficient amounts each such fiscal year for the continued development and procurement of two options for the propulsion system for the Joint Strike Fighter in order to assure the competitive development and eventual production for the propulsion system for a Joint Strike Fighter aircraft, thereby giving a choice of engine to the growing number of nations expressing interest in procuring such aircraft.
Subtitle C--Missile Defense Programs
SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN EUROPE.
(a) General Limitation- No funds authorized to be appropriated by this Act may be obligated or expended for procurement, site activation, construction, preparation of equipment for, or deployment of a long-range missile defense system in Europe until the following conditions have been met:
(1) The governments of the countries in which major components of such missile defense system (including interceptors and associated radars) are proposed to be deployed have each given final approval to any missile defense agreements negotiated between such governments and the United States Government concerning the proposed deployment of such components in their countries.
(2) 45 days have elapsed following the receipt by Congress of the report required under subsection (c)(6).
(b) Additional Limitation- In addition to the limitation in subsection (a), no funds authorized to be appropriated by this Act may be obligated or expended for the acquisition or deployment of operational missiles of a long-range missile defense system in Europe until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to Congress a report certifying that the proposed interceptor to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner.
(c) Report on Independent Assessment for Ballistic Missile Defense in Europe-
(1) INDEPENDENT ASSESSMENT- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall select a federally funded research and development center to conduct an independent assessment of options for ballistic missile defense for forward deployed forces of the United States and its allies in Europe.
(2) ISSUES TO BE ASSESSED- In carrying out the assessment described in paragraph (1), the federally funded research and development center selected under that paragraph shall consider the following in connection with options for missile defense in Europe:
(A) The threat to Europe of ballistic missiles (including short-range, medium-range, intermediate-range, and long-range ballistic missiles) from Iran and from other nations (except Russia), including the likelihood and timing of such threats.
(B) The missile defense capabilities appropriate to meet current, near-term, and mid-term ballistic missile threats facing Europe during the period from 2008 through 2015.
(C) Alternative options for defending the European territory of members of the North Atlantic Treaty Organization against the threats described in subparagraph (B).
(D) The utility and cost-effectiveness of providing ballistic missile defense of the United States with a system located in Europe, if warranted by the threat, when compared with the provision of such defense through the deployment of additional ballistic missile defense in the United States.
(E) The views of European members of the North Atlantic Treaty Organization on the desirability of ballistic missile defenses for the European territory of such nations.
(F) Potential opportunities for participation by the Government of Russia in a European missile defense system.
(3) TECHNOLOGIES TO BE CONSIDERED- In conducting the assessment described in paragraph (1), the federally funded research and development center selected under that paragraph shall consider, but not be limited to, the following missile defense technology options:
(A) The Patriot PAC-3 system.
(B) The Medium Extended Air Defense System.
(C) The Aegis Ballistic Missile Defense system, with all variants of the Standard Missile-3 interceptor.
(D) The Terminal High Altitude Area Defense (THAAD) system.
(E) The proposed deployment of Ground-based Midcourse Defense (GMD) system elements in Europe, consisting of the proposed 2-stage Orbital Boost Vehicle interceptor, and the proposed European Midcourse X-band radar.
(F) Forward-Based X-band Transportable (FBX-T) radars.
(G) Other non-United States, North Atlantic Treaty Organization missile defense systems.
(4) FACTORS TO BE CONSIDERED- In conducting the assessment described in paragraph (1), the federally funded research and development center selected under that paragraph shall consider the following factors with respect to potential ballistic missile defense options:
(A) The missile defense needs of the European members of the North Atlantic Treaty Organization, including forward deployed United States forces, with respect to current, near-term, and mid-term ballistic missile threats.
(B) Operational effectiveness.
(C) Command and control arrangements.
(D) Integration and interoperability with North Atlantic Treaty Organization missile defenses.
(E) Cost and affordability, including possible allied cost-sharing.
(G) The degree of coverage of the European territory of members of the North Atlantic Treaty Organization.
(5) COOPERATION OF OTHER AGENCIES- The Secretary of Defense, the Director of National Intelligence, and the heads of other departments and agencies of the United States Government shall provide the federally funded research and development center selected under paragraph (1) such data, analyses, briefings, and other information as the center considers necessary to carry out the assessment described in that paragraph.
(6) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center selected under paragraph (1) shall submit to the Secretary of Defense and the congressional defense committees a report on the results of the assessment described in that paragraph, including any findings and recommendations of the center as a result of the assessment.
(7) FORM- The report under paragraph (6) shall be submitted in unclassified form, but may include a classified annex.
(d) Construction- Nothing in this section shall be construed to limit continuing obligation and expenditure of funds for missile defense, including for research and development and for other activities not otherwise limited by subsection (a) or (b).
SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT OF MISSILE DEFENSE INTERCEPTORS IN ALASKA.
None of the funds authorized to be appropriated by this Act may be obligated or expended to deploy more than 40 Ground-Based Interceptors at Fort Greely, Alaska, until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to Congress a certification that the Block 2006 Ground-based Midcourse Defense element of the Ballistic Missile Defense System has demonstrated, through operationally realistic end-to-end flight testing, that it has a high probability of working in an operationally effective manner.
SEC. 233. BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE DEFENSE AGENCY ACTIVITIES.
(a) Revised Budget Structure- The budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year after fiscal year 2008 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) shall set forth separately amounts requested for the Missile Defense Agency for each of the following:
(1) Research, development, test, and evaluation.
(3) Operation and maintenance.
(4) Military construction.
(b) Objectives for Acquisition Activities-
(1) IN GENERAL- Commencing as soon as practicable, but not later than the submittal to Congress of the budget for the President for fiscal year 2009 under section 1105(a) of title 31, United States Code, the Missile Defense Agency shall take appropriate actions to achieve the following objectives in its acquisition activities:
(A) Improved transparency.
(B) Improved accountability.
(2) REQUIRED ACTIONS- In order to achieve the objectives specified in paragraph (1), the Missile Defense Agency shall, at a minimum, take actions as follows:
(A) Establish acquisition cost, schedule, and performance baselines for each Ballistic Missile Defense System element that--
(i) has entered the equivalent of the System Development and Demonstration phase of acquisition; or
(ii) is being produced and acquired for operational fielding.
(B) Provide unit cost reporting data for each Ballistic Missile Defense System element covered by subparagraph (A), and secure independent estimation and verification of such cost reporting data.
(C) Include each year in the budget justification materials described in subsection (a) a description of actions being taken in the fiscal year in which such materials are submitted, and the actions to be taken in the fiscal year covered by such materials, to achieve such objectives.
(3) SPECIFICATION OF BALLISTIC MISSILE DEFENSE SYSTEM ELEMENTS- The Ballistic Missile Defense System elements that, as of May 2007, are Ballistic Missile Defense System elements covered by paragraph (2)(A) are the following elements:
(A) Ground-based Midcourse Defense.
(B) Aegis Ballistic Missile Defense.
(C) Terminal High Altitude Area Defense.
(D) Forward-Based X-band radar-Transportable (AN/TPY-2).
(E) Command, Control, Battle Management, and Communications.
(F) Sea-Based X-band radar.
(G) Upgraded Early Warning radars.
SEC. 234. PARTICIPATION OF DIRECTOR, OPERATIONAL TEST AND EVALUATION, IN MISSILE DEFENSE TEST AND EVALUATION ACTIVITIES.
Section 139 of title 10, United States Code, is amended--
(1) by redesignating subsections (f) through (j) as subsections (g) through (k), respectively; and
(2) by inserting after subsection (e) the following new subsection (f):
`(f)(1) The Director of the Missile Defense Agency shall report promptly to the Director of Operational Test and Evaluation the results of all tests and evaluations conducted by the Missile Defense Agency and of all studies conducted by the Missile Defense Agency in connection with tests and evaluations in the Missile Defense Agency.
`(2) The Director of Operational Test and Evaluation may require that such observers as the Director designates be present during the preparation for and the conduct of any test and evaluation conducted by the Missile Defense Agency.
`(3) The Director of Operational Test and Evaluation shall have access to all records and data in the Department of Defense (including the records and data of the Missile Defense Agency) that the Director considers necessary to review in order to carry out his duties under this subsection.'.
SEC. 235. EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MISSILE DEFENSE PROGRAMS.
Section 232(g) of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended--
(1) in paragraph (1), by striking `through 2008' and inserting `through 2013'; and
(2) in paragraph (2), by striking `through 2009' and inserting `through 2014'.
Subtitle D--Other Matters
SEC. 251. MODIFICATION OF NOTICE AND WAIT REQUIREMENT FOR OBLIGATION OF FUNDS FOR FOREIGN COMPARATIVE TEST PROGRAM.
Paragraph (3) of section 2350a(g) of title 10, United States Code, is amended to read as follows:
`(3) The Director of Defense Research and Engineering shall notify the congressional defense committees of the intent to obligate funds made available to carry out this subsection not less than 7 days before such funds are obligated.'.
SEC. 252. MODIFICATION OF COST SHARING REQUIREMENT FOR TECHNOLOGY TRANSITION INITIATIVE.
Paragraph (2) of section 2359a(f) of title 10, United States Code, is amended to read as follows:
`(2) The amount of funds provided to a project under paragraph (1) by the military department or Defense Agency concerned shall be the appropriate share of the military department or Defense Agency, as the case may be, of the cost of the project, as determined by the Manager.'.
SEC. 253. STRATEGIC PLAN FOR THE MANUFACTURING TECHNOLOGY PROGRAM.
(a) In General- Section 2521 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(e) Strategic Plan- (1) The Secretary shall develop a plan for the program which includes the following:
`(A) The overall manufacturing technology goals, milestones, priorities, and investment strategy for the program during the 5-fiscal year period beginning with the first fiscal year commencing after the development of the plan.
`(B) For each of the fiscal years under the period of the plan, the objectives of, and funding for, the program for each military department and each Defense Agency that shall participate in the program during the period of the plan.
`(2) The Secretary shall include in the plan mechanisms for assessing the effectiveness of the program under the plan.
`(3) The Secretary shall update the plan on a biennial basis.
`(4) The Secretary shall include the plan, and any update of the plan under paragraph (3), in the budget justification documents submitted in support of the budget of the Department of Defense for the applicable fiscal year (as included in the budget of the President submitted to Congress under section 1105 of title 31).'.
(b) Initial Development of Plan- The Secretary of Defense shall develop the strategic plan required by subsection (e) of section 2521 of title 10, United States Code (as added by subsection (a) of this section), so that the plan goes into effect at the beginning of fiscal year 2009.
SEC. 254. MODIFICATION OF AUTHORITIES ON COORDINATION OF DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH WITH SIMILAR FEDERAL PROGRAMS.
Section 257(e)(2) of the National Defense Authorization Act for Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by striking `shall' each place it appears and inserting `may'.
SEC. 255. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) Program Purposes- Subsection (b) of section 246 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2500; 10 U.S.C. 2358 note) is amended--
(1) in paragraph (2), by striking `in nanoscale research and development' and inserting `in the National Nanotechnology Initiative and with the National Nanotechnology Coordination Office under section 3 of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7502)'; and
(2) in paragraph (3), by striking `portfolio of fundamental and applied nanoscience and engineering research initiatives' and inserting `portfolio of nanotechnology research and development initiatives'.
(b) Program Administration-
(1) ADMINISTRATION THROUGH UNDER SECRETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS- Subsection (c) of such section is amended--
(A) by striking `the Director of Defense Research and Engineering' and inserting `the Under Secretary of Defense for Acquisition, Technology, and Logistics'; and
(B) by striking `The Director' and inserting `The Under Secretary'.
(2) OTHER ADMINISTRATIVE MATTERS- Such subsection is further amended--
(A) in paragraph (2), by striking `the Department's increased investment in nanotechnology and the National Nanotechnology Initiative; and' and inserting `investments by the Department and other departments and agencies participating in the National Nanotechnology Initiative in nanotechnology research and development;';
(B) in paragraph (3), by striking the period at the end and inserting `; and'; and
(C) by adding at the end the following new paragraph:
`(4) oversee interagency coordination of the program with other departments and agencies participating in the National Nanotechnology Initiative, including providing appropriate funds to support the National Nanotechnology Coordination Office.'.
(c) Program Activities- Such section is further amended--
(1) by striking subsection (d); and
(2) by adding at the end the following new subsection (d):
`(d) Activities- Activities under the program shall include the following:
`(1) The development of a strategic plan for defense nanotechnology research and development that is integrated with the strategic plan for the National Nanotechnology Initiative.
`(2) The issuance on an annual basis of policy guidance to the military departments and the Defense Agencies that--
`(A) establishes research priorities under the program;
`(B) provides for the determination and documentation of the benefits to the Department of Defense of research under the program; and
`(C) sets forth a clear strategy for transitioning the research into products needed by the Department.
`(3) Advocating for the transition of nanotechnologies in defense acquisition programs, including the development of nanomanufacturing capabilities and a nanotechnology defense industrial base.'.
(d) Reports- Such section is further amended by adding at the end the following new subsection:
`(e) Reports- (1) Not later than March 1 of each of 2009, 2011, and 2013, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on the program.
`(2) Each report under paragraph (1) shall include the following:
`(i) the long-term challenges and specific technical goals of the program; and
`(ii) the progress made toward meeting such challenges and achieving such goals.
`(B) An assessment of current and proposed funding levels for the program, including an assessment of the adequacy of such funding levels to support program activities.
`(C) A review of the coordination of activities under the program within the Department of Defense, with other departments and agencies of the United States, and with the National Nanotechnology Initiative.
`(D) A review and analysis of the findings and recommendations relating to the Department of Defense of the most recent triennial external review of the National Nanotechnology Program under section 5 of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 1704), and a description of initiatives of the Department to implement such recommendations.
`(E) An assessment of technology transition from nanotechnology research and development to enhanced warfighting capabilities, including contributions from the Department of Defense Small Business Innovative Research and Small Business Technology Transfer Research programs, and the Department of Defense Manufacturing Technology program, and an identification of acquisition programs and deployed defense systems that are incorporating nanotechnologies.
`(F) An assessment of global nanotechnology research and development in areas of interest to the Department, including an identification of the use of nanotechnologies in any foreign defense systems.
`(G) An assessment of the defense nanotechnology manufacturing and industrial base and its capability to meet the near and far term requirements of the Department.
`(H) Such recommendations for additional activities under the program to meet emerging national security requirements as the Under Secretary considers appropriate.
`(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.'.
(e) Comptroller General Report on Program- Not later than March 31, 2010, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the assessment of the Comptroller General of the progress made by the Department of Defense in achieving the purposes of the defense nanotechnology research and development program required by section 246 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (as amended by this section).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense, for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $29,725,273,000.
(2) For the Navy, $33,307,690,000.
(3) For the Marine Corps, $4,998,493,000.
(4) For the Air Force, $32,967,215,000.
(5) For Defense-wide activities, $22,397,153,000.
(6) For the Army Reserve, $2,512,062,000.
(7) For the Navy Reserve, $1,186,883,000.
(8) For the Marine Corps Reserve, $208,637,000.
(9) For the Air Force Reserve, $2,821,817,000.
(10) For the Army National Guard, $5,861,409,000.
(11) For the Air National Guard, $5,469,368,000.
(12) For the United States Court of Appeals for the Armed Forces, $11,971,000.
(13) For Environmental Restoration, Army, $434,879,000.
(14) For Environmental Restoration, Navy, $300,591,000.
(15) For Environmental Restoration, Air Force, $458,428,000.
(16) For Environmental Restoration, Defense-wide, $12,751,000.
(17) For Environmental Restoration, Formerly Used Defense Sites, $270,249,000.
(18) For Former Soviet Union Threat Reduction programs, $448,048,000.
(19) For Overseas Humanitarian, Disaster and Civic Aid programs, $63,300,000.
(20) For Overseas Contingency Operations Transfer Fund, $5,000,000.
Subtitle B--Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse-
(1) TRANSFER AMOUNT- Using funds described in subsection (b), the Secretary of Defense may, notwithstanding section 2215 of title 10, United States Code, transfer not more than $91,588.51 to the Moses Lake Wellfield Superfund Site 10-6J Special Account.
(2) PURPOSE OF REIMBURSEMENT- The payment under paragraph (1) is to reimburse the Environmental Protection Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington.
(3) INTERAGENCY AGREEMENT- The reimbursement described in paragraph (2) is provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999.
(b) Source of Funds- Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(16) for operation and maintenance for Environmental Restoration, Defense-wide.
(c) Use of Funds- The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency at the Moses Lake Wellfield Superfund Site.
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE ARCTIC SURPLUS SUPERFUND SITE, FAIRBANKS, ALASKA.
(a) Authority To Reimburse-
(1) TRANSFER AMOUNT- Using funds described in subsection (b), the Secretary of Defense may, notwithstanding section 2215 of title 10, United States Code, transfer not more than $186,625.38 to the Hazardous Substance Superfund.
(2) PURPOSE OF REIMBURSEMENT- The payment under paragraph (1) is to reimburse the Environmental Protection Agency for costs incurred pursuant to the agreement known as `In the Matter of Arctic Surplus Superfund Site, U.S. EPA Docket Number CERCLA-10-2003-0114: Administrative Order on Consent for Remedial Design and Remedial Action,' entered into by the Department of Defense and the Environmental Protection Agency on December 11, 2003.
(b) Source of Funds- Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(16) for operation and maintenance for Environmental Restoration, Defense-wide.
(c) Use of Funds- The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency pursuant to the agreement described in paragraph (2) of such subsection.
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING COMPLEX, WASHINGTON.
(a) Authority To Transfer Funds-
(1) TRANSFER AMOUNT- Using funds described in subsection (b), the Secretary of the Navy may, notwithstanding section 2215 of title 10, United States Code, transfer not more than $40,000.00 to the Hazardous Substance Superfund.
(2) PURPOSE OF TRANSFER- The payment under paragraph (1) is to pay a stipulated penalty assessed by the Environmental Protection Agency on October 25, 2005, against the Jackson Park Housing Complex, Washington, for the failure by the Navy to timely submit a draft final Phase II Remedial Investigation Work Plan for the Jackson Park Housing Complex Operable Unit (OU-3T-JPHC) pursuant to a schedule included in an Interagency Agreement (Administrative Docket No. CERCLA-10-2005-0023).
(b) Source of Funds- Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(14) for operation and maintenance for Environmental Restoration, Navy.
(c) Use of Funds- The amount transferred under subsection (a) shall be used by the Environmental Protection Agency to pay the penalty described under paragraph (2) of such subsection.
Subtitle C--Program Requirements, Restrictions, and Limitations
SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION SYSTEMS AGENCY WORKING CAPITAL FUND FOR TECHNOLOGY UPGRADES TO DEFENSE INFORMATION SYSTEMS NETWORK.
(a) In General- Funds in the Defense Information Systems Agency Working Capital Fund may be used for expenses directly related to technology upgrades to the Defense Information Systems Network.
(b) Limitation on Certain Projects- Funds may not be used under subsection (a) for--
(1) any significant technology insertion to the Defense Information Systems Network; or
(2) any component with an estimated total cost in excess of $500,000.
(c) Limitation in Fiscal Year Pending Timely Report- If in any fiscal year the report required by paragraph (1) of subsection (d) is not submitted by the date specified in paragraph (2) of subsection (d), funds may not be used under subsection (a) in such fiscal year during the period--
(1) beginning on the date specified in paragraph (2) of subsection (d); and
(2) ending on the date of the submittal of the report under paragraph (1) of subsection (d).
(1) IN GENERAL- The Director of the Defense Information Systems Agency shall submit to the congressional defense committees each fiscal year a report on the use of the authority in subsection (a) during the preceding fiscal year.
(2) DEADLINE FOR SUBMITTAL- The report required by paragraph (1) in a fiscal year shall be submitted not later than 60 days after the date of the submittal to Congress of the budget of the President for the succeeding fiscal year pursuant to section 1105 of title 31, United States Code.
(e) Sunset- The authority in subsection (a) shall expire on October 1, 2011.
SEC. 322. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACT PERFORMANCE OF SECURITY GUARD FUNCTIONS.
(a) Extension- Subsection (c) of section 332 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314) is amended by striking `September 30, 2009' both places it appears and inserting `September 30, 2012'.
(b) Limitation for Fiscal Years 2010 Through 2012- Subsection (d) of such section is amended--
(1) in paragraph (2), by striking `and' at the end;
(2) in paragraph (3), by striking the period and inserting `; and'; and
(3) by adding at the end the following new paragraphs:
`(4) for fiscal year 2010, the number equal to 70 percent of the total number of such personnel employed under such contracts on October 1, 2006;
`(5) for fiscal year 2011, the number equal to 60 percent of the total number of such personnel employed under such contracts on October 1, 2006; and
`(6) for fiscal year 2012, the number equal to 50 percent of the total number of such personnel employed under such contracts on October 1, 2006.'.
SEC. 323. REPORT ON INCREMENTAL COST OF EARLY 2007 ENHANCED DEPLOYMENT.
Section 323(b)(2) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10 U.S.C. 229 note) is amended--
(1) in subparagraph (A), by striking `; and' and inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end and inserting `; and'; and
(3) by adding at the end the following new subparagraph:
`(C) each of the military departments for the additional incremental cost resulting from the additional deployment of forces to Iraq and Afghanistan above the levels deployed to such countries on January 1, 2007.'.
SEC. 324. INDIVIDUAL BODY ARMOR.
(a) Assessment- The Director of Operational Test and Evaluation and the Director of Defense Research and Engineering shall jointly conduct an assessment of various domestic technological approaches for body armor systems for protection against ballistic threats at or above military requirements.
(1) REPORT REQUIRED- Not later than 90 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation and the Director of Defense Research and Engineering shall jointly submit to the Secretary of Defense, and to the congressional defense committees, a report on the assessment required by subsection (a).
(2) ELEMENTS- The report required under paragraph (1) shall include--
(A) a detailed comparative analysis and assessment of the technical approaches covered by the assessment under subsection (a), including the technical capability, feasibility, military utility, and cost of each such approach; and
(B) such other matters as the Director of Operational Test and Evaluation and the Director of Defense Research and Engineering jointly consider appropriate.
(3) FORM- The report submitted under paragraph (1) to the congressional defense committees shall be submitted in both classified and unclassified form.
Subtitle D--Workplace and Depot Issues
SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.
(a) Extension of Authority- Section 4544 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following: `This authority may be used to enter into not more than eight contracts or cooperative agreements.'; and
(2) in subsection (k), by striking `2009' and inserting `2014'.
(1) ANNUAL REPORT ON USE OF AUTHORITY- The Secretary of the Army shall submit to Congress at the same time the budget of the President is submitted to Congress for fiscal years 2009 through 2016 under section 1105 of title 31, United States Code, a report on the use of the authority provided under section 4544 of title 10, United States Code.
(2) ANALYSIS OF USE OF AUTHORITY- Not later than September 30, 2012, the Secretary of the Army shall submit to the congressional defense committees a report assessing the advisability of making such authority permanent and eliminating the limitation on the number of contracts or cooperative arrangements that may be entered into pursuant to such authority.
SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT DEMONSTRATION PROGRAM.
(a) Extension- Subsection (a) of section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 10 U.S.C. 4551 note) is amended by striking `fiscal years 2001 through 2008' and inserting `fiscal years 2001 through 2010'.
(b) Extension of Reporting Requirement- The second sentence in subsection (g)(1) of such section is amended to read as follows: `No report is required after fiscal year 2010.'.
Subtitle E--Other Matters
SEC. 351. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION FUNCTIONS WITHIN DEPARTMENT OF DEFENSE.
(a) Office of Corrosion Policy and Oversight-
(1) IN GENERAL- Section 2228 of title 10, United States Code, is amended--
(A) in the section heading, by striking `Military equipment and infrastructure: prevention and mitigation of corrosion' and inserting `Office of Corrosion Policy and Oversight'; and
(B) by amending subsection (a) to read as follows:
`(a) Office and Director- (1) There is an Office of Corrosion Policy and Oversight within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics.
`(2) The Office shall be headed by a Director of Corrosion Policy and Oversight (in this section referred to as the `Director'), who shall be assigned to such position by the Under Secretary from among civilian employees of the Department of Defense with the qualifications described in paragraph (3). The Director is the senior official responsible in the Department of Defense to the Secretary of Defense (after the Under Secretary of Defense for Acquisition, Technology, and Logistics) for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense. The Director shall report directly to the Under Secretary.
`(3) In order to qualify to be assigned to the position of Director, an individual shall--
`(A) have a minimum of 10 years experience in the Defense Acquisition Corps;
`(B) have technical expertise in, and professional experience with, corrosion engineering, including an understanding of the effects of corrosion policies on infrastructure; research, development, test, and evaluation; and maintenance; and
`(C) have background in and an understanding of Department of Defense budget formulation and execution, policy formulation, and planning and program requirements.'.
(2) CONFORMING CHANGES- Subsection (b) of such section is amended--
(A) in paragraph (1), by striking `official or organization designated under subsection (a)' and inserting `Director'; and
(B) by striking `designated official or organization' each place it appears and inserting `Director'.
(b) Additional Authority for Director of Office- Such section is further amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (f), respectively; and
(2) by inserting after subsection (b) the following new subsection:
`(c) Additional Authorities for Director- The Director is authorized to--
`(1) develop, update, and coordinate corrosion training with the Defense Acquisition University;
`(2) participate in the process within the Department of Defense for the development of relevant directives and instructions; and
`(3) interact directly with the corrosion prevention industry, trade associations, other government corrosion prevention agencies, academic research institutions, and scientific organizations engaged in corrosion prevention, including the National Academy of Sciences.'.
(c) Inclusion of Cooperative Research Agreements as Part of Corrosion Reduction Strategy- Subparagraph (D) of subsection (d)(2) of such section, as redesignated by subsection (b), is amended by inserting after `operational strategies' the following: `, including through the establishment of memoranda of agreement, joint funding agreements, public-private partnerships, university research centers, and other cooperative research agreements'.
(d) Report Requirement- Such section is further amended by inserting after subsection (d), as redesignated by subsection (b), the following new subsection:
`(e) Report- (1) The Secretary of Defense shall submit with the defense budget materials for each fiscal year beginning with fiscal year 2009 a report on the following:
`(A) Funding requirements for the long-term strategy developed under subsection (d).
`(B) The return on investment that would be achieved by implementing the strategy.
`(C) The funds requested in the budget compared to the funding requirements.
`(D) An explanation of why the Department of Defense is not requesting funds for the entire requirement.
`(2) Not later than 60 days after submission of the budget for a fiscal year, the Comptroller General shall provide to the congressional defense committees--
`(A) an analysis of the budget submission for corrosion control and prevention by the Department of Defense; and
`(B) an analysis of the report required under paragraph (1).'.
(e) Definitions- Subsection (f), as redesignated by subsection (b), is amended by adding at the end the following new paragraphs:
`(4) The term `budget', with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
`(5) The term `defense budget materials', with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.'.
SEC. 352. REIMBURSEMENT FOR NATIONAL GUARD SUPPORT PROVIDED TO FEDERAL AGENCIES.
Section 377 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `To the extent' and inserting `Subject to subsection (c), to the extent';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new subsection:
`(b)(1) Subject to subsection (c), the Secretary of Defense shall require a Federal agency to which law enforcement support or support to a national special security event is provided by National Guard personnel performing duty under section 502(f) of title 32 to reimburse the Department of Defense for the costs of that support, notwithstanding any other provision of law. No other provision of this chapter shall apply to such support.
`(2) Any funds received by the Department of Defense under this subsection as reimbursement for support provided by personnel of the National Guard shall be credited, at the election of the Secretary of Defense, to the following:
`(A) The appropriation, fund, or account used to fund the support.
`(B) The appropriation, fund, or account currently available for reimbursement purposes.'; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) by inserting `or section 502(f) of title 32' after `under this chapter'; and
(B) in paragraph (2), by inserting `or personnel of the National Guard' after `Department of Defense'.
SEC. 353. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM.
Section 44310 of title 49, United States Code, is amended by striking `March 30, 2008' and inserting `December 31, 2013'.
SEC. 354. PROPERTY ACCOUNTABILITY AND DISPOSITION OF UNLAWFULLY OBTAINED PROPERTY OF THE ARMED FORCES.
(a) Statutory Establishment of Accountability for Property of Navy and Marine Corps-
(1) IN GENERAL- Chapter 661 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 7864. Property accountability; regulations
`The Secretary of the Navy may prescribe regulations for the accounting for property of the Navy and the Marine Corps and for the fixing of responsibility for such property.'.
(2) UNAUTHORIZED DISPOSITION AND RECOVERY OF PROPERTY- Such chapter is further amended by adding at the end the following new section:
`Sec. 7865. Military equipment: unauthorized disposition
`(a) Prohibition- No member of the Navy or the Marine Corps may sell, lend, pledge, barter, or give any clothing, arms, or equipment obtained by or furnished to the member by the United States to any person other than a member of the Navy or the Marine Corps authorized to receive it, an officer of the United States authorized to receive it, or any other individual authorized to receive it.
`(b) Seizure of Property- If a member of the Navy or the Marine Corps disposes of property in violation of subsection (a) and it is in the possession of a person who is not authorized to receive it as described in that subsection, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found, subject to applicable regulations. Possession of such property by a person who is not authorized to receive it as described in subsection (a) is prima facie evidence that it has been disposed of in violation of subsection (a).
`(c) Retention of Seized Property- If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver it to a person who is authorized to retain it.'.
(b) Standardizing Amendments Relating to Disposition of Unlawfully Obtained Army and Air Force Property-
(1) ARMY PROPERTY- Section 4836 of title 10, United States Code, is amended to read as follows:
`Sec. 4836. Military equipment: unauthorized disposition
`(a) Prohibition- No member of the Army may sell, lend, pledge, barter, or give any clothing, arms, or equipment obtained by or furnished to the member by the United States to any person other than a member of the Army authorized to receive it, an officer of the United States authorized to receive it, or any other individual authorized to receive it.
`(b) Seizure of Property- If a member of the Army disposes of property in violation of subsection (a) and it is in the possession of a person who is not authorized to receive it as described in that subsection, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found, subject to applicable regulations. Possession of such property by a person who is not authorized to receive it as described in subsection (a) is prima facie evidence that it has been disposed of in violation of subsection (a).
`(c) Retention of Seized Property- If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver it to a person who is authorized to retain it.'.
(2) AIR FORCE PROPERTY- Section 9836 of such title is amended is amended to read as follows:
`Sec. 9836. Military equipment: unauthorized disposition
`(a) Prohibition- No member of the Air Force may sell, lend, pledge, barter, or give any clothing, arms, or equipment obtained by or furnished to the member by the United States to any person other than a member of the Air Force authorized to receive it, an officer of the United States authorized to receive it, or any other individual authorized to receive it.
`(b) Seizure of Property- If a member of the Air Force disposes of property in violation of subsection (a) and it is in the possession of a person who is not authorized to receive it as described in that subsection, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found, subject to applicable regulations. Possession of such property by a person who is not authorized to receive it as described in subsection (a) is prima facie evidence that it has been disposed of in violation of subsection (a).
`(c) Retention of Seized Property- If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver it to a person who is authorized to retain it.'.
(1) The table of sections at the beginning of chapter 453 of such title is amended by striking the item relating to section 4836 and inserting the following new item:
`4836. Military equipment: unauthorized disposition.'.
(2) The table of sections at the beginning of chapter 661 of such title is amended by adding at the end the following new items:
`7864. Property accountability: regulations.
`7865. Military equipment: unauthorized disposition.'.
(3) The table of sections at the beginning of chapter 953 of such title is amended by striking the item relating to section 9836 and inserting the following new item:
`9836. Military equipment: unauthorized disposition.'.
SEC. 355. AUTHORITY TO IMPOSE REASONABLE CONDITIONS ON THE PAYMENT OF FULL REPLACEMENT VALUE FOR CLAIMS RELATED TO PERSONAL PROPERTY TRANSPORTED AT GOVERNMENT EXPENSE.
Section 2636a(d) of title 10, United States Code, is amended by adding at the end the following new sentence: `The regulations may require members of the armed forces or civilian employees of the Department of Defense to comply with reasonable conditions in order to receive benefits under this section.'.
SEC. 356. AUTHORITY FOR INDIVIDUALS TO RETAIN COMBAT UNIFORMS ISSUED IN CONNECTION WITH CONTINGENCY OPERATIONS.
The Secretary of a military department may authorize members of the Armed Forces under the jurisdiction of the Secretary to retain combat uniforms issued as organizational clothing and individual equipment in connection with their deployment in support of contingency operations.
SEC. 357. MODIFICATION OF REQUIREMENTS ON COMPTROLLER GENERAL REPORT ON THE READINESS OF ARMY AND MARINE CORPS GROUND FORCES.
(a) Submittal Date- Subsection (a)(1) of section 345 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2156) is amended by striking `June 1, 2007' and inserting `March 1, 2008'.
(b) Elements- Subsection (b) of such section is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and
(3) by inserting after paragraph (1) the following new paragraphs:
`(2) An assessment of the ability of the Army and Marine Corps to provide trained and ready forces to meet the requirements of increased force levels in support of Operations Iraqi Freedom and Enduring Freedom and to meet the requirements of other ongoing operations simultaneously with such increased force levels.
`(3) An assessment of the strategic depth of the Army and Marine Corps and their ability to provide trained and ready forces to meet the requirements of the high-priority contingency war plans of the regional combatant commands, including an identification and evaluation for each such plan of--
`(A) the strategic and operational risks associated with current and projected forces of current and projected readiness;
`(B) the time required to make forces available and prepare them for deployment; and
`(C) likely strategic tradeoffs necessary to meet the requirements of each such plan.'.
(c) Department of Defense Cooperation- Such section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):
`(c) Department of Defense Cooperation- The Secretary of Defense shall ensure the full cooperation of the Department of Defense with the Comptroller General for purposes of the preparation of the report required by this section.'.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2008, as follows:
(3) The Marine Corps, 189,000.
(4) The Air Force, 328,600.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2008, as follows:
(1) The Army National Guard of the United States, 351,300.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 67,800.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 67,500.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--
(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2008, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 29,204.
(2) The Army Reserve, 15,870.
(3) The Navy Reserve, 11,579.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,936.
(6) The Air Force Reserve, 2,721.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the last day of fiscal year 2008 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 8,249.
(2) For the Army National Guard of the United States, 26,502.
(3) For the Air Force Reserve, 9,909.
(4) For the Air National Guard of the United States, 22,553.
SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.
(1) NATIONAL GUARD- Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2008, may not exceed the following:
(A) For the Army National Guard of the United States, 1,600.
(B) For the Air National Guard of the United States, 350.
(2) ARMY RESERVE- The number of non-dual status technicians employed by the Army Reserve as of September 30, 2008, may not exceed 595.
(3) AIR FORCE RESERVE- The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2008, may not exceed 90.
(b) Non-Dual Status Technicians Defined- In this section, the term `non-dual status technician' has the meaning given that term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2008, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2008 for military personnel, in amounts as follows:
(1) For the Army, $34,952,762,000.
(2) For the Navy, $23,300,841,000.
(3) For the Marine Corps, $11,065,542,000.
(4) For the Air Force, $24,091,993,000.
(5) For the Army Reserve, $3,701,197,000.
(6) For the Navy Reserve, $1,766,408,000.
(7) For the Marine Corps Reserve, $593,961,000.
(8) For the Air Force Reserve, $1,356,618,000.
(9) For the Army National Guard, $5,914,979,000.
(10) For the Air National Guard, $2,607,456,000.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE DUTY IN THE GRADE OF MAJOR TO MEET FORCE STRUCTURE REQUIREMENTS.
The table in section 523(a)(1) of title 10, United States Code, is amended by striking the items under the heading `Major' in the portion of the table relating to the Army and inserting the following new items:
`
---------
---------
`7,768
8,689
9,611
10,532
11,454
12,375
13,297
14,218
15,140
16,061
16,983
17,903
18,825
19,746
20,668
21,589
22,511
24,354
26,197
28,040
35,412'.
---------
SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE DUTY IN GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN TO MEET FORCE STRUCTURE REQUIREMENTS.
(a) In General- The table in section 523(a)(2) of title 10, United States Code, is amended to read as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
`Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty: Number of officers who may be serving on active duty in the grade of:
Lieutenant Commander Commander Captain
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy:
30,000 7,698 5,269 2,222
33,000 8,189 5,501 2,334
36,000 8,680 5,733 2,447
39,000 9,172 5,965 2,559
42,000 9,663 6,197 2,671
45,000 10,155 6,429 2,784
48,000 10,646 6,660 2,896
51,000 11,136 6,889 3,007
54,000 11,628 7,121 3,120
57,000 12,118 7,352 3,232
60,000 12,609 7,583 3,344
63,000 13,100 7,813 3,457
66,000 13,591 8,044 3,568
70,000 14,245 8,352 3,718
90,000 17,517 9,890 4,467'.
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(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2007.
SEC. 503. EXPANSION OF EXCLUSION OF MILITARY PERMANENT PROFESSORS FROM STRENGTH LIMITATIONS FOR OFFICERS BELOW GENERAL AND FLAG GRADES.
(a) Inclusion of Permanent Professors of the Navy- Section 523(b)(8) of title 10, United States Code, is amended--
(1) by striking `Naval Academy' and inserting `Navy'; and
(2) by inserting `or service' before the period at the end.
(b) Expansion of Exclusion Generally- Such section is further amended by striking `50' and inserting `85'.
SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL AND FLAG OFFICERS CONTINUED ON ACTIVE DUTY.
Section 637(b)(3) of title 10, United States Code, is amended by striking `but such period may not (except as provided under section 1251(b) of this title) extend beyond the date of the officer's sixty-second birthday' and inserting `except as provided under section 1253 of this title'.
SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE OBLIGATION FOR INITIAL APPOINTMENTS OF OFFICERS IN CRITICALLY SHORT HEALTH PROFESSIONAL SPECIALTIES.
Section 651 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(c)(1) The Secretary of Defense may waive the service required by subsection (a) for initial appointments of commissioned officers in such critically short health professional specialties as the Secretary shall specify for purposes of this subsection.
`(2) The minimum period of obligated service for an officer under a waiver under this subsection shall be the greater of--
`(B) in the case of an officer who has accepted an accession bonus or executed a contract or agreement for the multiyear receipt of special pay for service in the armed forces, the period of obligated service specified in such contract or agreement.'.
SEC. 506. INCREASE IN AUTHORIZED NUMBER OF PERMANENT PROFESSORS AT THE UNITED STATES MILITARY ACADEMY.
Paragraph (4) of section 4331(b) of title 10, United States Code, is amended to read as follows:
`(4) Twenty-eight permanent professors.'.
SEC. 507. EXPANSION OF AUTHORITY FOR REENLISTMENT OF OFFICERS IN THEIR FORMER ENLISTED GRADE.
(a) Regular Army- Section 3258 of title 10, United States Code, is amended--
(A) by striking `a Reserve officer' and inserting `an officer'; and
(B) by striking `a temporary appointment' and inserting `an appointment'; and
(A) in paragraph (1), by striking `a Reserve officer' and inserting `an officer'; and
(B) in paragraph (2), by striking `the Reserve commission' and inserting `the commission'.
(b) Regular Air Force- Section 8258 of such title is amended--
(A) by striking `a reserve officer' and inserting `an officer'; and
(B) by striking `a temporary appointment' and inserting `an appointment'; and
(A) in paragraph (1), by striking `a Reserve officer' and inserting `an officer'; and
(B) in paragraph (2), by striking `the Reserve commission' and inserting `the commission'.
SEC. 508. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG OFFICERS TO SERVE ON ACTIVE DUTY.
Section 526(d) of title 10, United States Code, is amended--
(1) by inserting `(1)' before `The limitations'; and
(2) by adding at the end the following new paragraph:
`(2) The limitations of this section also do not apply to a number, as specified by the Secretary of the military department concerned, of reserve component general or flag officers authorized to serve on active duty for a period of not more than 365 days. The number so specified for an armed force may not exceed the number equal to ten percent of the authorized number of general or flag officers, as the case may be, of that armed force under section 12004 of this title. In determining such number, any fraction shall be rounded down to the next whole number, except that such number shall be at least