In the Senate of the United States,
October 1, 2007.
Resolved, That the bill from the House of Representa-
tives (H.R. 1585) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2008 for military activities of the Depart-
ment 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 pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 2008’’.
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SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Author-
izations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy National
Security Authorizations and Other Authorizations.
(4) Division D—Veteran Small Businesses.
(5) Division E—Maritime Administration.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Rapid Acquisition Fund.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhance-
ment Package upgrades.
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting ve-
hicle upgrades.
Sec. 113. Stryker Mobile Gun System.
Sec. 114. Consolidation of Joint Network Node program and Warfighter Informa-
tion Network–Tactical program into single Army tactical net-
work program.
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Sec. 115. General Fund Enterprise Business System.
Subtitle C—Navy Programs
Sec. 131. Multiyear procurement authority for Virginia class submarine program.
Sec. 132. Littoral Combat Ship (LCS) program.
Sec. 133. Advanced procurement 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.
Sec. 143. Sense of Congress on the procurement program for the KC–X tanker
aircraft.
Sec. 144. Transfer to Government of Iraq of three C–130E tactical airlift aircraft.
Sec. 145. Modification of limitations on retirement of B–52 bomber aircraft.
Sec. 146. Sense of Congress on the Air Force strategy for the replacement of the
aerial refueling tanker aircraft fleet.
Sec. 147. Sense of Congress on rapid fielding of Associate Intermodal Platform
system and other innovative logistics systems.
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 pro-
pulsion system for the Joint Strike Fighter.
Sec. 214. Gulf War illnesses research.
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 activi-
ties.
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 Ini-
tiative.
Sec. 253. Strategic plan for the Manufacturing Technology Program.
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Sec. 254. Modification of authorities on coordination of Defense Experimental
Program to Stimulate Competitive Research with similar Fed-
eral programs.
Sec. 255. Enhancement of defense nanotechnology research and development pro-
gram.
Sec. 256. Comptroller General assessment of the Defense Experimental Program
to Stimulate Competitive Research.
Sec. 257. Study and report on standard soldier patient tracking system.
Sec. 258. Cost-benefit analysis of proposed funding reduction for High Energy
Laser Systems Test Facility.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B—Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in
connection with Moses Lake Wellfield Superfund Site, Moses
Lake, Washington.
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in
connection with the Arctic Surplus Superfund Site, Fairbanks,
Alaska.
Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in
connection with Jackson Park Housing Complex, Washington.
Sec. 314. Report on control of the brown tree snake.
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 coop-
erative activities with non-Army entities.
Sec. 342. Two-year extension of Arsenal Support Demonstration Program.
Sec. 343. Reports on National Guard readiness for domestic emergencies.
Sec. 344. Sense of Senate on the Air Force Logistics Centers.
Subtitle E—Other Matters
Sec. 351. Enhancement of corrosion control and prevention functions within De-
partment of Defense.
Sec. 352. Reimbursement for National Guard support provided to Federal agen-
cies.
Sec. 353. Reauthorization of Aviation Insurance Program.
Sec. 354. Property accountability and disposition of unlawfully obtained prop-
erty of the Armed Forces.
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Sec. 355. Authority to impose reasonable conditions on the payment of full re-
placement value for claims related to personal property trans-
ported at Government expense.
Sec. 356. Authority for individuals to retain combat uniforms issued in connec-
tion with contingency operations.
Sec. 357. Modification of requirements on Comptroller General report on the
readiness of Army and Marine Corps ground forces.
Sec. 358. Authority for Department of Defense to provide support for certain
sporting events.
Sec. 359. Department of Defense Inspector General report on physical security of
Department of Defense installations.
Sec. 360. Continuity of depot operations to reset combat equipment and vehicles
in support of wars in Iraq and Afghanistan.
Sec. 361. Report on search and rescue capabilities of Air Force in northwestern
United States.
Sec. 362. Report on High-Altitude Aviation Training Site, Colorado.
Sec. 363. Sense of Congress on future use of synthetic fuels in military systems.
Sec. 364. Reports on safety measures and encroachment issues at Warren Grove
Gunnery Range, New Jersey.
Sec. 365. Modification to public-private competition requirements before conver-
sion to contractor performance.
Sec. 366. Bid Protests by Federal Employees in actions under Office of Manage-
ment Budget Circular A–76.
Sec. 367. Public-private competition required before conversion to contractor per-
formance.
Sec. 368. Performance of certain work by Federal Government employees.
Sec. 369. Restriction on Office of Management and Budget influence over Depart-
ment of Defense public-private competitions.
Sec. 370. Public-private competition at end of period specified in performance
agreement not required.
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.
Sec. 416. Revision of authorized variances in end strengths for Selected Reserve
personnel.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
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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 con-
tinued on active duty.
Sec. 505. Authority for reduced mandatory service obligation for initial appoint-
ments of officers in critically short health professional special-
ties.
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 en-
listed grade.
Sec. 508. Enhanced authority for reserve general and flag officers to serve on ac-
tive 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 Pol-
icy 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.
Sec. 536. Satisfaction of professional licensure and certification requirements by
members of the National Guard and Reserve on active duty.
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 main-
taining a Junior Reserve Officers’ Training Corps unit.
Sec. 555. Authority of the Air University to confer additional academic degrees.
Sec. 556. Nurse matters.
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Sec. 557. Repeal of annual limit on number of ROTC scholarships under Army
Reserve and Army National Guard financial assistance pro-
gram.
Subtitle E—Defense Dependents’ Education Matters
Sec. 561. Continuation of authority to assist local educational agencies that ben-
efit 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 em-
ployed on Federal property in plan relating to force structure
changes, relocation of military units, or base closures and re-
alignments.
Sec. 564. Authority for payment of private boarding school tuition for military
dependents in overseas areas not served by Department of De-
fense dependents’ schools.
Sec. 565. Heavily impacted local educational agencies.
Sec. 566. Emergency assistance for local educational agencies enrolling military
dependent children.
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.
Sec. 583. Family support for families of members of the Armed Forces undergoing
deployment, including National Guard and Reserve personnel.
Sec. 584. Support services for children, infants, and toddlers of members of the
Armed Forces undergoing deployment, including National
Guard and Reserve personnel.
Sec. 585. Study on improving support services for children, infants, and toddlers
of members of the Active and Reserve Components undergoing
deployment.
Sec. 586. Study on establishment of pilot program on family-to-family support
for families of deployed members of the Active and Reserve Com-
ponents.
Sec. 587. Pilot program on military family readiness and servicemember re-
integration.
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.
Sec. 594. Enhancement of rest and recuperation leave.
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Sec. 595. Demonstration projects on the provision of services to military depend-
ent children with autism.
Sec. 596. Enhancement of Certificate of Release or Discharge from Active Duty.
Sec. 597. Administrative separations of members of the Armed Forces for person-
ality disorder.
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 partici-
pating in Thrift Savings Plan.
Sec. 604. Payment of inactive duty training travel costs for certain Selected Re-
serve members.
Sec. 605. Extension and enhancement of authority for temporary lodging expenses
for members of the Armed Forces in areas subject to major dis-
aster declaration or for installations experiencing sudden in-
crease in personnel levels.
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 spe-
cial 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 nu-
clear-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 pur-
poses 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.
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Subtitle D—Retired Pay and Survivor Benefits
Sec. 651. Modification of scheme for payment of death gratuity payable with re-
spect to members of the Armed Forces.
Sec. 652. Annuities for guardians or caretakers of dependent children under Sur-
vivor 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.
Sec. 656. Additional individuals eligible for transportation for survivors of de-
ceased members to attend the member’s burial ceremonies.
Sec. 657. Transportation of remains of deceased members of the Armed Forces
and certain other persons.
Sec. 658. Repeal of requirement of reduction of Survivor Benefit Plan survivor
annuities by dependency and indemnity compensation.
Sec. 659. Effective date of paid-up coverage under Survivor Benefit Plan.
Sec. 660. Inclusion of veterans with service-connected disabilities rated as total by
reason of unemployability under termination of phase-in of con-
current receipt of retired pay and veterans’ disability compensa-
tion.
Sec. 661. Computation of years of service for purposes of retired pay for non-reg-
ular service.
Subtitle E—Education Benefits
Sec. 671. Tuition assistance for off-duty training or education.
Sec. 672. Expansion of Selected Reserve education loan repayment program.
Sec. 673. Report on utilization of tuition assistance by members of the Armed
Forces.
Sec. 674. Enhancement of education benefits for certain members of reserve com-
ponents.
Sec. 675. Extension of period of entitlement to educational assistance for certain
members of the Selected Reserve affected by force shaping initia-
tives.
Sec. 676. Modification of time limit for use of entitlement to educational assist-
ance for reserve component members supporting contingency op-
erations and other operations.
Subtitle F—Other Matters
Sec. 681. Enhancement of authorities on income replacement payments for Re-
serves experiencing extended and frequent mobilization for ac-
tive-duty service.
Sec. 682. Overseas naturalization of military family members.
Sec. 683. National Guard yellow ribbon reintegration program.
Sec. 684. Flexibility in paying annuities to certain Federal retirees who return
to work.
Sec. 685. Plan for participation of members of the National Guard and the Re-
serves in the benefits delivery at discharge program.
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Sec. 686. Modification of amount of back pay for members of Navy and Marine
Corps selected for promotion while interned as prisoners of war
during World War II to take into account changes in Consumer
Price Index.
TITLE VII—HEALTH CARE PROVISIONS
Sec. 701. Inclusion of TRICARE retail pharmacy program in Federal procure-
ment of pharmaceuticals.
Sec. 702. Surveys on continued viability of TRICARE Standard and TRICARE
Extra.
Sec. 703. Report on patient satisfaction surveys.
Sec. 704. Review of licensed mental health counselors, social workers, and mar-
riage and family therapists under the TRICARE program.
Sec. 705. Sense of Senate on collaborations between the Department of Defense
and the Department of Veterans Affairs on health care for
wounded warriors.
Sec. 706. Authority for expansion of persons eligible for continued health benefits
coverage.
Sec. 707. Continuation of eligibility for TRICARE Standard coverage for certain
members of the Selected Reserve.
Sec. 708. Authority for special reimbursement rates for mental health care serv-
ices under the TRICARE program.
Sec. 709. Implementation of recommendations of Department of Defense Mental
Health Task Force.
Sec. 710. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment,
and Rehabilitation of Military Eye Injuries.
Sec. 711. Report on establishment of a scholarship program for civilian mental
health professionals.
Sec. 712. Report on medical physical examinations of members of the Armed
Forces before their deployment.
Sec. 713. One-year extension of prohibition on increases in certain health care
costs for members of the uniformed services.
Sec. 714. Temporary prohibition on increase in copayments under retail phar-
macy system of pharmacy benefits program.
Sec. 715. Sense of Congress on fees and adjustments under the TRICARE pro-
gram.
Sec. 716. Continuation of transitional health benefits for members of the Armed
Forces pending resolution of service-related medical conditions.
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.
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Subtitle B—Amendments Relating to General Contracting Authorities,
Procedures, and Limitations
Sec. 821. Enhanced competition requirements for task and delivery order con-
tracts.
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.
Sec. 827. Procurement of fire resistant rayon fiber for the production of uniforms
from foreign sources.
Sec. 828. Prohibition on use of earmarks to award no bid contracts and non-
competitive grants.
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 De-
fense by certain non-defense agencies.
Sec. 847. Independent management reviews of contracts for services.
Sec. 848. Implementation and enforcement of requirements applicable to
undefinitized contractual actions.
Subtitle D—Department of Defense Contractor Matters
Sec. 861. Protection for contractor employees from reprisal for disclosure of cer-
tain information.
Sec. 862. Requirements for defense contractors relating to certain former Depart-
ment 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 sub-
contractors employing members of the Selected Reserve.
Sec. 865. Contingency contracting training for personnel outside the acquisition
workforce.
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.
Sec. 876. Green procurement policy.