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Sec. 5103. Chartering to state and local governmental instrumentalities.
Sec. 5104. Disposal of obsolete government vessels.
Sec. 5105. Vessel transfer authority.
Sec. 5106. Sea trials for ready reserve force.
Sec. 5107. Review of applications for loans and guarantees.
TITLE LII—TECHNICAL CORRECTIONS
Sec. 5201. Statutory construction.
Sec. 5202. Personal injury to or death of seamen.
Sec. 5203. Amendments to chapter 537 based on Public Law 109–163.
Sec. 5204. Additional amendments based on Public Law 109–163.
Sec. 5205. Amendments based on Public Law 109–171.
Sec. 5206. Amendments based on Public Law 109–241.
Sec. 5207. Amendments based on Public Law 109–364.
Sec. 5208. Miscellaneous amendments.
Sec. 5209. Application of sunset provision to codified provision.
Sec. 5210. Additional Technical corrections.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ has the meaning given that term in sec-
tion 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 fis-
cal 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.
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(5) For other procurement, $15,013,155,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2008 for procurement for the Navy
as follows:
(1) For aircraft, $13,475,107,000.
(2) For weapons, including missiles and tor-
pedoes, $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 fis-
cal 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.
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SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal 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 fis-
cal 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 PACK-
AGE 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 pro-
gram year, for procurement of M1A2 Abrams System En-
hancement Package upgrades.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR
M2A3/M3A3 BRADLEY FIGHTING VEHICLE UP-
GRADES.
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 pro-
gram year, for procurement of M2A3/M3A3 Bradley fight-
ing vehicle upgrades.
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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 Mo-
bile 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 re-
ferred to in subsection (a) is in the national security
interest of the United States notwithstanding the in-
ability of the Secretary of the Army to make the cer-
tification required by that subsection; and
(2) submits to the Congress, in writing , a notifi-
cation of the waiver together with a discussion of—
(A) the reasons for the determination de-
scribed in paragraph (1); and
(B) the actions that will be taken to miti-
gate any deficiencies that cause the Stryker Mo-
bile Gun System not to be operationally effective,
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suitable, or survivable, as that case may be, as
described in subsection (a).
SEC. 114. CONSOLIDATION OF JOINT NETWORK NODE PRO-
GRAM AND WARFIGHTER INFORMATION NET-
WORK-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 Decem-
ber 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 re-
port setting forth a plan to consolidate the Joint Net-
work 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 para-
graph (1) shall include with respect to the acquisition
of the single Army tactical network required by sub-
section (a) the following:
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(A) An analysis of how the systems specified
in paragraph (1) will be integrated, including—
(i) an analysis of whether there are op-
portunities 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 interoper-
ability of a single Army tactical network as de-
scribed in subsection (a).
(D) An assessment of the costs of acquiring
the systems.
(E) An assessment of the technical compat-
ibility 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
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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 de-
scription 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 pro-
grams should be inserted into the single Army
tactical network as required by subsection (a).
(L) An analysis of the interoperability re-
quirements 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 Net-
work Node program.
SEC. 115. GENERAL FUND ENTERPRISE BUSINESS SYSTEM.
(a) ADDITIONAL AMOUNT.—
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(1) IN GENERAL.—The amount authorized to be
appropriated by section 201(1) for research, develop-
ment, test and evaluation for the Army is hereby in-
creased by $59,041,000.
(2) AVAILABILITY.—Of the amount authorized to
be appropriated by section 201(1) for research, devel-
opment, test and evaluation for the Army, as in-
creased by paragraph (1), $59,041,000 may be avail-
able for the General Fund Enterprise Business Sys-
tem of the Army.
(3) SUPPLEMENT NOT SUPPLANT.—The amount
available under paragraph (2) for the purpose speci-
fied in that paragraph is in addition to any other
amounts available in this Act for that purpose.
(b) OFFSET.—
(1) RDTE, ARMY.—The amount authorized to be
appropriated by section 101(5) for other procurement
for the Army is hereby reduced by $29,219,000, with
the amount of the reduction to be allocated to
amounts available for the General Fund Enterprise
Business System.
(2) O&M, ARMY.—The amount authorized to be
appropriated by section 301(1) for operation and
maintenance for the Army is hereby reduced by
$29,822,000, with the amount of the reduction to be
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allocated to amounts available for the General Fund
Enterprise Business System.
Subtitle C—Navy Programs
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR-
GINIA 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 fis-
cal year 2009 program year, for the procurement of Vir-
ginia-class submarines and government-furnished equip-
ment.
(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.
SEC. 132. LITTORAL COMBAT SHIP (LCS) PROGRAM.
(a) FINDINGS.—Congress makes the following findings:
(1) The plan of the Chief of Naval Operations to
recapitalize the United States Navy to at least 313
battle force ships is essential for meeting the long-
term requirements of the National Military Strategy.
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(2) Fiscal challenges to the plan to build a 313-
ship fleet require that the Navy exercise discipline in
determining warfighter requirements and responsi-
bility in estimating, budgeting, and controlling costs.
(3) The 55-ship Littoral Combat Ship (LCS)
program is central to the shipbuilding plan of the
Navy. The inability of the Navy to control require-
ments and costs on the two lead ships of the Littoral
Combat Ship program raises serious concerns regard-
ing the capacity of the Navy to affordably build a
313-ship fleet.
(4) According to information provided to Con-
gress by the Navy, the cost growth in the Littoral
Combat Ship program was attributable to several fac-
tors, most notably that—
(A) the strategy adopted for the Littoral
Combat Ship program, a so-called ‘‘concurrent
design-build’’ strategy, was a high-risk strategy
that did not account for that risk in the cost and
schedule for the lead ships in the program;
(B) inadequate emphasis was placed on
‘‘bid realism’’ in the evaluation of contract pro-
posals under the program;
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(C) late incorporation of Naval Vessel Rules
into the program caused significant design
delays and cost growth;
(D) the Earned Value Management System
of the contractor under the program did not ade-
quately measure shipyard performance, and the
Navy program organizations did not independ-
ently assess cost performance;
(E) the Littoral Combat Ship program or-
ganization was understaffed and lacking in the
experience and qualifications required for a
major defense acquisition program;
(F) the Littoral Combat Ship program or-
ganization was aware of the increasing costs of
the Littoral Combat Ship program, but did not
communicate those cost increases directly to the
Assistant Secretary of the Navy in a time man-
ner; and
(G) the relationship between the Naval Sea
Systems Command and the program executive
offices for the program was dysfunctional.
(b) REQUIREMENT.—In order to halt further cost
growth in the Littoral Combat Ship program, costs and
government liability under future contracts under the Lit-
toral Combat Ship program shall be limited as follows:
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(1) LIMITATION OF COSTS.—The total amount
obligated or expended for the procurement costs of the
fifth and sixth vessels in the Littoral Combat Ship
(LCS) class of vessels shall not exceed $460,000,000
per vessel.
(2) PROCUREMENT
COSTS.—For purposes of
paragraph (1), procurement costs shall include all
costs for plans, basic construction, change orders, elec-
tronics, ordnance, contractor support, and other costs
associated with completion of production drawings,
ship construction, test, and delivery, including work
performed post-delivery that is required to meet origi-
nal contract requirements.
(3) CONTRACT TYPE.—The Navy shall employ a
fixed-price type contract for construction of the fifth
and following ships of the Littoral Combat Ship class
of vessels.
(4) LIMITATION OF GOVERNMENT LIABILITY.—
The Navy shall not enter into a contract, or modify
a contract, for construction of the fifth or sixth vessel
of the Littoral Combat Ship class of vessels if the lim-
itation of the Government’s cost liability, when added
to the sum of other budgeted procurement costs, would
exceed $460,000,000 per vessel.
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(5) ADJUSTMENT OF LIMITATION AMOUNT.—The
Secretary of the Navy may adjust the amount set
forth in paragraphs (1) and (4) for either vessel re-
ferred to in such paragraph by the following:
(A) The amounts of increases or decreases
in costs attributable to compliance with changes
in Federal, State, or local laws enacted after
September 30, 2007.
(B) The amounts of outfitting costs and
costs required to complete post-delivery test and
trials.
(c) REPEAL OF SUPERSEDED AUTHORITY.—Section
124 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109–163; 119 Stat. 3157) is re-
pealed.
SEC. 133. ADVANCED PROCUREMENT FOR VIRGINIA CLASS
SUBMARINE PROGRAM.
Of the amount authorized to be appropriated by sec-
tion 102(a)(3) for shipbuilding and conversion for the
Navy, $1,172,710,000 may be available for advanced pro-
curement for the Virginia class submarine program, of
which—
(1) $400,000,000 may be available for the pro-
curement of a second ship set of reactor components;
and
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(2) $70,000,000 may be available for advanced
procurement of non-nuclear long lead time material
in order to support a reduced construction span for
the boats in the next multiyear procurement program.
Subtitle D—Air Force Programs
SEC. 141. LIMITATION ON RETIREMENT OF C–130E/H TAC-
TICAL 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.
SEC. 143. SENSE OF CONGRESS ON THE PROCUREMENT
PROGRAM FOR THE KC–X TANKER AIRCRAFT.
(a) FINDINGS.—Congress makes the following findings:
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(1) Aerial refueling is a critically important
force multiplier for the Air Force.
(2) The KC–X tanker aircraft procurement pro-
gram is the number one acquisition and recapitaliza-
tion priority of the Air Force.
(3) Given the competing budgetary requirements
of the other Armed Forces and other sectors of the
Federal Government, the Air Force needs to mod-
ernize at the most cost effective price.
(4) Competition in defense procurement provides
the Armed Forces with the best products at the best
price.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that the Air Force should—
(1) hold a full and open competition to choose
the best possible joint aerial refueling capability at
the most reasonable price; and
(2) be discouraged from taking any actions that
would limit the ability of either of the teams seeking
the contract for the procurement of KC–X tanker air-
craft from competing for that contract.
SEC. 144. TRANSFER TO GOVERNMENT OF IRAQ OF THREE
C–130E TACTICAL AIRLIFT AIRCRAFT.
The Secretary of the Air Force may transfer not more
than three C–130E tactical airlift aircraft, allowed to be
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retired under the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364), to
the Government of Iraq.
SEC. 145. MODIFICATION OF LIMITATIONS ON RETIREMENT
OF B–52 BOMBER AIRCRAFT.
(a) MAINTENANCE OF PRIMARY AND BACKUP INVEN-
TORY OF AIRCRAFT.—Subsection (a)(1) of section 131 of the
John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109–364; 120 Stat. 2111) is
amended—
(1) in subparagraph (A), by striking ‘‘and’’ at
the end;
(2) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph (C):
‘‘(C) shall maintain in a common configu-
ration a primary aircraft inventory of not less
than 63 such aircraft and a backup aircraft in-
ventory of not less than 11 such aircraft.’’.
(b) NOTICE OF RETIREMENT.—Subsection (b)(1) of
such section is amended by striking ‘‘45 days’’ and insert-
ing ‘‘60 days’’.
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SEC. 146. SENSE OF CONGRESS ON THE AIR FORCE STRAT-
EGY FOR THE REPLACEMENT OF THE AERIAL
REFUELING TANKER AIRCRAFT FLEET.
(a) FINDINGS.—Congress makes the following findings:
(1) A properly executed comprehensive strategy
to replace Air Force tankers will allow the United
States military to continue to project combat capa-
bility anywhere in the world on short notice without
relying on intermediate bases for refueling.
(2) With an average age of 45 years, it is esti-
mated that it will take over 30 years to replace the
KC–135 aircraft fleet with the funding currently in
place.
(3) In addition to the KC–X program of record,
which supports the tanker replacement strategy, the
Air Force should immediately pursue that part of the
tanker replacement strategy that would support, aug-
ment, or enhance the Air Force air refueling mission,
such as Fee-for-Service support or modifications and
upgrades to maintain the viability of the KC–135
aircraft force structure as the Air Force recapitalizes
the tanker fleet.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
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(1) the timely modernization of the Air Force
aerial refueling tanker fleet is a vital national secu-
rity priority; and
(2) in furtherance of meeting this priority, the
Secretary of the Air Force has initiated, and Congress
approves of, a comprehensive strategy for replacing
the aerial refueling tanker aircraft fleet, which in-
cludes the following elements:
(A) Replacement of the aging tanker air-
craft fleet with newer and improved capabilities
under the KC–X program of record which sup-
ports the tanker replacement strategy, through
the purchase of new commercial derivative air-
craft.
(B) Sustainment and extension of the legacy
tanker aircraft fleet until replacement through
depot-type modifications and upgrades of KC–
135 aircraft and KC–10 aircraft.
(C) Augmentation of the aerial refueling ca-
pability through aerial refueling Fee-for-Service.
SEC. 147. SENSE OF CONGRESS ON RAPID FIELDING OF AS-
SOCIATE INTERMODAL PLATFORM SYSTEM
AND OTHER INNOVATIVE LOGISTICS SYS-
TEMS.
(a) FINDINGS.—Congress makes the following findings:
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(1) Use of the Associate Intermodal Platform
(AIP) pallet system, developed two years ago by the
United States Transportation Command, could save
the United States as much as $1,300,000 for every
1,000 pallets deployed.
(2) The benefits of the usage of the Associate
Intermodal Platform pallet system include the fol-
lowing:
(A) The Associate Intermodal Platform pal-
let system can be used to transport cargo alone
within current International Standard of Orga-
nization containers and thereby provide further
savings in costs of transportation of cargo.
(B) The Associate Intermodal Platform pal-
let system has successfully passed rigorous testing
by the United States Transportation Command
at various military installations in the United
States, at a Navy testing lab, and in the field in
Iraq, Kuwait, and Antarctica.
(C) By all accounts the Associate Inter-
modal Platform pallet system has performed well
beyond expectations and is ready for immediate
production and deployment.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that the Department of Defense should—