Bush Threatens Veto Over Troop Pay Raise, Military Widow Benefits [Archive] - Military Significant Others and Spouse Support

sgmwife1

07-23-2007, 11:59 PM

You really need to research the entire bill.
For those who have not...here you go.
There is alot more at hand than MILITARY PAY.

H.R.1585
Title: 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.
Sponsor: Rep Skelton, Ike (http://thomas.loc.gov/cgi-bin/bdquery/?&Db=d110&querybd=@FIELD(FLD003+@4((@1(Rep+Skelton++Ike))+01064))) [MO-4] (by request) (introduced 3/20/2007) Cosponsors (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR01585:@@@P) (1)
Related Bills: H.RES.403 (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HE00403:), S.1547 (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN01547:), S.1548 (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN01548:)
Latest Major Action: 7/17/2007 Senate floor actions. Status: Considered by Senate.
House Reports: 110-146 (http://thomas.loc.gov/cgi-bin/cpquery/R?cp110:FLD010:@1(hr146)), 110-146 (http://thomas.loc.gov/cgi-bin/cpquery/R?cp110:FLD010:@1(hr146)) Part 2
Note: The National Defense Authorization Act for Fiscal Year 2008, being considered on the Senate floor as H.R. 1585 (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:H.R.1585:), is the text of S. 1547 (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:S.1547:) as reported to Senate -- incorporated in S.Amdt. 2011 (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:S.AMDT.2011:), a pending substitute amendment to H.R. 1585 (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:H.R.1585:).
Jump to: Summary (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR01585:@@@L&summ2=m&#summary), Major Actions (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR01585:@@@L&summ2=m&#major actions), All Actions (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR01585:@@@L&summ2=m&#status), Titles (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR01585:@@@L&summ2=m&#titles), Cosponsors (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR01585:@@@L&summ2=m&#cosponsors), Committees (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR01585:@@@L&summ2=m&#committees), Related Bill Details (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR01585:@@@L&summ2=m&#rel-bill-detail), Amendments (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR01585:@@@L&summ2=m&#amendments)SUMMARY AS OF:
5/17/2007--Passed House amended. (There are 2 other summaries (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR01585:@@@D&summ1&))

National Defense Authorization Act for Fiscal Year 2008 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2008 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement.
(Sec. 104) Authorizes appropriations for FY2008 for: (1) defense-wide procurement; and (2) National Guard and reserve equipment.
Subtitle B: Army Programs - (Sec. 111) Authorizes the Secretary of the Army, beginning with the FY2008 program year, to enter into multiyear contracts for the procurement of: (1) M1A2 Abrams system enhancement package vehicles; (2) M2A3 Bradley fighting vehicles, M3A3 Cavalry fighting vehicles, and M2A3 Bradley fire support team vehicles; and (3) CH-47F helicopters.
(Sec. 113) Authorizes the Secretary of the Army to enter into a multiyear contract for the conversion of CH-47D helicopters to the CH-47F configuration.
(Sec. 115) Places an FY2008 limitation on the obligation or expenditure of funds for the Joint Network Node Program until the Secretary of the Army makes certain certifications concerning such Program to the congressional defense and appropriations committees.
(Sec. 116) Prohibits the use of specified Army funds to commence, continue, or complete the closure of the production line for the Army Tactical Missile System program until at least 120 days after the Secretary of the Army reports specified System information to the defense and appropriations committees.
Subtitle C: Navy Programs - (Sec. 121) Authorizes the Secretary of Defense (Secretary) to transfer funds available to the Department of Defense (DOD) for FY2008 or thereafter for costs of submarine engineered refueling overhauls and conversions or aircraft carrier refueling complex overhauls. Requires transfer notification to the defense and appropriations committees. Limits each overhaul or conversion to $20 million.
(Sec. 122) Authorizes the Secretary of the Navy to enter into a multiyear contract for the procurement of Virginia-class submarines and government-furnished equipment associated with such submarines. Requires 30 days' advance certification to the defense and appropriations committees.
(Sec. 123) Prohibits the obligation or expenditure of Navy aircraft procurement funds for the final assembly of more than five VH-71 Presidential transport helicopters. Provides an exception when final helicopter assembly is carried out in the United States.
(Sec. 124) Prohibits FY2008 DOD funds from being obligated or expended for operational deployment of a weapons system that uses Trident missiles converted to carry conventional payloads. Directs the Secretary to notify the defense and appropriations committees within 30 days of determining that such system is fully functional and its fielding is necessary to meet military requirements.
(Sec. 125) Authorizes the Secretary of the Navy to use shipbuilding and conversion funds to carry out a program to provide contractors with capital expenditure incentives to support investment in facilities and process improvements for current and future Navy vessel construction contracts. Requires each contractor to submit an analysis that such investment would lead to ship construction or life cycle savings to the federal government. Requires an annual report from the Secretary to the defense and appropriations committees on program activities.
(Sec. 126) Prohibits Navy shipbuilding and conversion funds from being used for ship construction at the facility of a contractor employing or contracting for foreign workers who are legally present in the United States under an H2B visa. Requires the Assistant Secretary of the Navy for Research, Development, and Acquisition to maintain a five-year forecast of potential labor surplus for each of the shipyards that construct ships under the Navy's annual vessel construction plan. Authorizes the Secretary of the Navy to waive the prohibition due to a shortage of U.S. workers, upon certain certifications.
(Sec. 127) Provides that, for any shipbuilding program that is a major defense acquisition program (MDAP), the start of construction of a first ship may not occur until the Secretary of the Navy certifies to the defense and appropriations committees that the ship's design is completed and approved by the relevant design certification agents to a level acceptable for commencement of construction.
Subtitle D: Air Force Programs - (Sec. 131) Prohibits the Secretary of the Air Force from proceeding with a decision to retire C-5A aircraft in any number that would reduce their total below 111 until 45 days after such Secretary submits certain certifications to the defense and appropriations committees, including a cost analysis of aircraft being retired.
(Sec. 132) Prohibits the obligation or expenditure of certain funds for the Joint Cargo Aircraft until 30 days after the Secretary has submitted specified assessments and studies, and a related certification, to the defense and appropriations committees.
(Sec. 134) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to repeal the requirement that the Secretary of the Air Force maintain retired C-130E tactical airlift aircraft for possible recall.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2008 for the Armed Forces for research, development, test, and evaluation (RDT&E). Earmarks specified amounts for the Defense Science and Technology Program.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Directs the Secretary of the Army to complete an operational test and evaluation of the Future Combat Systems (FCS) network in a realistic environment simulating operational conditions. Requires a test and evaluation report from the Director, Operational Test and Evaluation (OTE) to the defense and appropriations committees. Provides certain FCS funding limitations until submission of such report (with an authorized waiver of such limitations by the Secretary of Defense for national security purposes).
(Sec. 212) Prohibits the obligation or expenditure of funds for the Joint Light Tactical Vehicle program beyond design readiness review for the acquisition program phase of systems development and demonstration until after certification of such program is made and submitted (as required under current law) and a progress report is received by the defense and appropriations committees.
(Sec. 213) Authorizes the Secretary to obligate RDT&E funds to develop and procure a competitive propulsion system for the Joint Strike Fighter.
(Sec. 214) Prohibits funds from being used for a manufacturing science and technology project until the Director of Defense Research and Engineering makes certain project assurances.
Subtitle C: Ballistic Missile Defense - (Sec. 221) Requires the Director of the Missile Defense Agency (MDA) to report promptly to the Director of OTE on all operational test and evaluation conducted with respect to any MDAP.
(Sec. 222) States that funds appropriated for FY2009 for RDT&E for the MDA: (1) may be used for the development and fielding of ballistic missile defense (BMD) capabilities; and (2) may not be used for operations and support activities. Requires: (1) a separate budgeting account for operations and support for FY2009; (2) a plan from the MDA Director to the defense committees for transitioning the MDA from using RDT&E funds for missile fielding activities to using procurement funds for such activities where practicable; and (3) the Secretary to contract with a federally funded research and development center (FFRDC) to study the long-term structure, roles, and missions of the MDA. Requires a study results report from the FFRDC to the defense committees.
(Sec. 223) Prohibits funds from being obligated or expended to replace the unitary warhead on the SM-3 Block IIA missile with the Multiple Kill Vehicle until after the Secretary makes certain certifications to Congress.
(Sec. 224) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2002 to extend through FY2010 Comptroller General (CG) assessments of BMD programs.
(Sec. 225) Directs the Secretary to contract with an FFRDC to study the political, technical, operational, force structure, and budgetary implications of deploying a long-range missile defense system in Europe. Requires a study results report from the FFRDC to the defense and appropriations committees and the Secretary.
(Sec. 226) Expresses the sense of Congress: (1) fully supporting DOD efforts to develop, test, and field an effective layered BMD system capable of intercepting ballistic missiles in various phases of flight; and (2) that it is in the U.S. national security interest to continue such development, testing, and fielding to hedge against uncertainty in the development, testing, and fielding of ballistic missile capabilities by rogue nations.
(Sec. 227) Increases (with a corresponding offset) defense-wide RDT&E funds, to be available for a program element of the X Lab battlespace laboratory.
(Sec. 228) Directs the Secretary to expand the BMD system to better integrate with the defenses of Israel to provide robust, layered protection against ballistic missile attack. Requires a progress report from the Secretary to the appropriations, defense, and foreign relations committees. Increases (with a corresponding offset) defense-wide RDT&E funds, to be used for such defense integration purposes.
Subtitle D: Other Matters - (Sec. 231) Directs the Secretary to coordinate and manage human systems integration activities throughout the acquisition programs of DOD.
(Sec. 232) Authorizes defense laboratories and research centers, under a plan to encourage technology transfer between DOD and other federal departments and agencies, to provide facilities, services, and equipment to private industry in order to promote accelerated development of critical technologies and technology transfer initiatives that support DOD.
(Sec. 233) Reduces by $10 million Army RDT&E funds for the Army Venture Capital Fund demonstration.
(Sec. 234) Earmarks specified defense-wide RDT&E funds to carry out a test and evaluation of combat helmet pad suspension systems. Requires a results report from the Secretary to the defense and appropriations committees.
(Sec. 235) Requires a report from the Secretary to the defense committees on implementation of the technologies and processes developed under the Manufacturing Technology Program.
(Sec. 236) Requires the OTE Director to assess and report on the sufficiency of such Director's test and evaluation staff.
(Sec. 237) Amends the NDAA for Fiscal Year 2006 to repeal the requirement for reports from the Secretary to the defense and appropriations committees on each technology area review and assessment.
(Sec. 238) Finds that: (1) modeling, analysis, and simulation technology has become essential to meeting the defense challenges of the 21st century; (2) current and future military operations, as well as emergency management of natural and man-made disasters, do and will continue to involve operations in highly complex, urban environments; and (3) it is important for DOD to study and understand the effects of warfare and disasters on the resiliency of urban environments, and to develop a computer modeling and simulation decision-making tool for emergency consequence management of military operations and natural and man-made disasters in complex urban environments.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2008 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
(Sec. 302) Authorizes appropriations for FY2008 for: (1) working capital funds; (2) the Defense Health program; (3) defense chemical agents and munitions destruction; (4) defense drug interdiction and counter-drug activities; and (5) the Defense Inspector General.
Subtitle B: Environmental Provisions - (Sec. 311) Authorizes the Secretary to transfer specified funds to the Moses Lake Wellfield Superfund Site, Washington, to reimburse the Environmental Protection Agency (EPA) for costs incurred in overseeing a remedial investigation and feasibility study performed by the Army.
(Sec. 312) Authorizes the Secretary to transfer specified funds to the Hazardous Substance Superfund to reimburse the EPA for costs incurred in connection with the Arctic Surplus Superfund Site, Alaska.
(Sec. 313) Authorizes the Secretary of the Navy to transfer specified funds to the Hazardous Substance Superfund to pay an EPA penalty in connection with remedial investigation activities at the Jackson Park Housing Complex, Washington.
Subtitle C: Workplace and Depot Issues - (Sec. 321) Increases from $100,000 to $250,000 the threshold amount for DOD contracts for the procurement of capital assets in advance of the availability of working capital funds for such procurement.
(Sec. 322) Authorizes the use of working capital funds for certain product improvements for weapon systems, major end items, and related components.
(Sec. 323) Authorizes the use of working capital funds for the acquisition of weapon system modification, improvement, and life cycle extension, as long as the item has a unit cost of no more than $500,000. Allows such limit to be increased to up to $1 million if the Secretary of the military department concerned (Secretary concerned) determines that the increase is necessary to maintain required core logistics capabilities, and notifies Congress of such increase and the reasons therefor.
(Sec. 324) Modifies provisions concerning required public-private competition prior to the conversion of DOD functions to contractor performance to exclude health care and retirement costs from the cost-comparison process used in conjunction with such competitions. Requires monthly consultation with affected DOD civilian employees by DOD officers or employees responsible for determining whether to convert to contractor performance any function performed by DOD employees.
(Sec. 325) Allows DOD managers to determine whether to recompete (after five years) for work being performed by federal employees that was awarded to such employees under a public-private competition.
(Sec. 326) Directs the Under Secretary of Defense for Personnel and Readiness to devise and implement guidelines to ensure that consideration is given to regularly using DOD civilian employees to perform new functions and functions performed by contractors which could be performed by such employees. Requires special consideration to be given for certain functions, including: (1) one performed by civilian DOD employees on or after October 1, 1980; and (2) one associated with the performance of an inherently governmental function. Excludes certain functions from the public-private competition process, including: (1) those associated with the performance of an inherently governmental function; and (2) those performed by a contractor under a contract that was awarded on a noncompetitive basis. Provides limitations on competitions for new and expanded functions. Prohibits competitions until the required guidelines are implemented. Requires: (1) DOD to establish an inventory of functions currently performed by contractors; and (2) the DOD Inspector General to report to the defense and appropriations committees on the implementation of this section.
(Sec. 327) Requires including in annual reporting requirements concerning public-private competitions: (1) for any function converted to contractor performance, the effect of the conversion on the quality of performance of the function; and (2) for any function for which a public-private competition is anticipated, an assessment of whether any method of business reform or reengineering other than a public-private competition could achieve any anticipated or budgeted savings.
(Sec. 328) Prohibits the Director of the Office of Management and Budget (OMB) from directing or requiring the Secretary or the Secretary concerned to prepare for, undertake, continue, or complete a public-private competition or direct conversion of a DOD function to performance by a contractor under OMB Circular A-76, or any other successor regulation, directive, or policy. Prohibits any such Secretary from undertaking such action. Requires the Secretary, during the 90-day period following the enactment of this Act, to suspend, and determine whether to cancel or continue, any review or public-private competition being conducted.
(Sec. 329) Provides for the expedited review by the CG of protests by interested parties (federal employees or their representatives) of public-private competitions conducted under OMB Circular A-76 or otherwise. Provides a right of interested parties to intervene in civil actions concerning a competition.
(Sec. 330) Amends the Office of Federal Procurement Policy Act to make applicable to all federal civilian agencies the public-private competition requirements currently applicable to the DOD conversion to contractor performance of functions performed by ten or more DOD employees. Includes under the competition requirements a formal examination and comparison of the cost of performance of the function by agency civilian employees with the cost of performance by one or more contractors in order to demonstrate whether converting will result in savings to the government over the life of the contract. Requires: (1) monthly consultation with affected civilian employees by those responsible for determining whether to convert function performance; and (2) congressional notification of such competitions. Makes such requirements inapplicable with respect to the purchase of products and services of the blind and other severely handicapped persons.
(Sec. 331) Amends the NDAA for Fiscal Year 2004 to allow (under current law, requires) the Secretaries of the Navy and Air Force to conduct demonstration projects to evaluate the benefits of promoting workers who perform multiple trades. Requires the Government Accountability Office (GAO) to report annually to the defense and appropriations committees on projects conducted.
Subtitle D: Extension of Program Authorities - (Sec. 341) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend through FY2010 the Arsenal Support Initiative program.
(Sec. 342) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to: (1) allow members of the Armed Forces deployed in contingency operations until the end of FY2007 to purchase protective helmet pads; and (2) give such members up to one year following such purchase to submit a cost reimbursement claim to DOD.
Subtitle E: Reports - (Sec. 351) Requires the inclusion in quarterly personnel and unit readiness reports of assessments of National Guard readiness to perform National Response civil support missions. Directs the Secretary to include in the budget justification documents submitted to Congress for FY2009 a report on implementation of such additional requirement.
(Sec. 352) Requires the Secretary to report annually to the defense and appropriations committees on methods for improving the readiness of active and reserve components of U.S. ground forces. Directs the CG to review each such report and report review results to such committees.
(Sec. 353) Directs the Secretary to develop and implement a plan to optimize the use of strategic ports by the Surface Distribution and Deployment Command.
(Sec. 354) Directs the Secretary to provide for an independent assessment of the viability of the Civil Reserve Air Fleet, to be conducted by a FFRDC selected by the Secretary.
(Sec. 355) Requires the Secretary to report annually to the defense and appropriations committees on the status of the materiel in the prepositioned stocks as of the end of the prior fiscal year. Directs the CG to review each such report and report review results to such committees.
(Sec. 356) Prohibits the Secretary from commencing or continuing the relocation of the North American Aerospace Defense command center and related functions from Cheyenne Mountain to Peterson Air Force Base, Colorado, until 180 days after submitting to Congress: (1) an analysis comparing relocation costs to anticipated operational benefits; and (2) the final plans for such relocation. Directs the CG to review such report and report review results to Congress.
(Sec. 357) Requires the Secretary to report to the defense committees regarding public-private partnerships at Centers of Industrial and Technical Excellence.
Subtitle F: Other Matters - (Sec. 361) Includes within DOD authority to support certain sporting events a sporting event sanctioned by the U.S. Olympic Committee through the Paralympic Military Program and certain other national or international paralympic sporting events. Limits to $1 million the fiscal year funding for such events.
(Sec. 362) Allows DOD to require compliance with reasonable conditions for military or civilian DOD employees to receive full replacement value coverage for lost or damaged personal property.
(Sec. 363) Requires the Secretary to provide transportation on DOD aircraft, on a space-available basis, for a members or former member who: (1) is entitled to retired or retainer pay; (2) resides in a commonwealth or possession of the United States; and (3) is referred by a primary care physician to a specialty care provider for services to be provided outside that commonwealth or possession. Requires the Secretary to provide such transportation for one dependent of each member, if the dependent is needed to accompany the member.
(Sec. 364) Authorizes the Secretary concerned to prescribe regulations for the accounting of property of that department and the fixing of responsibility for that property. Prohibits any member from selling or giving any clothing, arms, or equipment furnished by the United States to any person other than another member under the same jurisdiction, or to an officer authorized to receive it. Authorizes the seizure of property improperly sold or given away.
(Sec. 365) Allows the Secretary of the Army to authorize a member of the Army who has been deployed in support of a contingency operation for at least 30 days to retain, after such deployment, the exterior articles of uniform that were issued as part of the Army combat uniform.
(Sec. 366) Authorizes the Secretary of the Navy to issue arms, tentage, and equipment appropriate for military training to any educational institution at which no unit of the Reserve Officers' Training Corps (ROTC) is maintained, but which has a course in military training attended by at least 50 physically fit students over 14 years of age. Authorizes such Secretary to issue: (1) rifles and appendages that are not existing service models to any educational institution having a uniformed corps of midshipmen of sufficient numbers for target practice; and (2) to any educational institution at which a naval officer is detailed as a professor of naval sciences, necessary supplies to establish and maintain a camp for the military instruction of students.
(Sec. 367) Directs the Secretary to ensure that no action is taken to deactivate the 36th Rescue Flight assigned to Fairchild Air Force Base, Washington, or to reassign or reorganize any of the search and rescue capabilities of that unit.
(Sec. 368) Limits the expenditure of funds appropriated for initial flight screening at Pueblo Memorial Airport, Colorado, until the Secretary of the Air Force has submitted a certification to the defense and appropriations committees with respect to meeting Air Force crash, fire, and rescue requirements to support Air Force flight operations there.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2008.
(Sec. 402) Revises the permanent active-duty end strength minimum levels for the Army, Navy, Marine Corps, and Air Force.
(Sec. 403) Authorizes the Secretary, for FY2009 and FY2010, to establish specified higher levels for Army and Marine Corps active-duty end strengths in order to support operational missions and achieve transformational reorganization objectives.
(Sec. 404) Increases the authorized end strengths for: (1) Army officers on active duty in the grade of major; and (2) Navy officers on active duty in the grades of lieutenant commander, commander, and captain.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2008 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2008 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2008 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Provides, during FY2008, the maximum number of reserve personnel authorized to be on active duty for operational support.
(Sec. 416) Directs the Secretary to conduct, and report to Congress on, a review of the long-term operational support missions performed by reserve personnel authorized to be on active duty or full-time National Guard duty to provide such support. Requires information on such support personnel to be included in the annual budget justification documents submitted to Congress for FY2009 and thereafter.
(Sec. 417) Increases from 2% to 3% the authorized variance for Selected Reserve end strengths.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2008 for: (1) military personnel; and (2) the Armed Forces Retirement Home.
(Sec. 423) Directs the Secretary to transfer $150 million from the National Defense Stockpile Transaction Fund to the Miscellaneous Receipts fund of the Treasury to offset anticipated costs due to a temporary prohibition on the increase in copayments under the DOD's pharmacy benefits program, as required under this Act.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - (Sec. 501) Allows officers serving as a lieutenant general, general, vice admiral, or admiral to continue to hold such position for up to 60 days following reassignment from such position, unless placed sooner in another designated position.
(Sec. 502) Increases from five to six years the probationary period of commissioned service for active duty and reserve officers prior to discharge for failure of promotion.
(Sec. 503) Allows permanent or career military professors to be appointed to the higher grade of captain or colonel after completing six years of service in such position.
Subtitle B: Reserve Component Matters - (Sec. 511) Requires reserve officers serving as a lieutenant general or vice admiral to be separated from active status after completing 38 years of commissioned service.
(Sec. 512) Provides that if the Secretary determines that the number of officers serving in specified health positions within DOD while serving on active status in grades below major or lieutenant commander is critically below the number needed, then the Secretary may authorize the Secretary concerned to credit such an officer with a period of constructive service that will result in the officer being appointed as a reserve officer in the grade of captain or lieutenant.
(Sec. 513) Extends from six months to one year the period that National Guard members may be granted temporary federal recognition.
(Sec. 514) Allows a military technician who loses dual (military and civilian) status as the result of a combat-related disability to be retained as a non-dual status technician as long as: (1) the disability does not prevent the person from performing the non-dual status function or position; and (2) the person is not disqualified from performing the non-dual status function or position because of performance, medical, or other reasons. Requires removal from such position no later than 30 days after becoming eligible for an unreduced annuity and attaining 60 years of age.
Authorizes the Secretary of the Army or Air Force to fill a military technician (dual status) position that is vacant due to the mobilization in support of a contingency operation of the original technician with a person who is not a dual status technician.
Authorizes the deferment of mandatory separation of a dual status technician until that person becomes eligible for an unreduced annuity, but not beyond age 62.
(Sec. 515) Directs the: (1) Secretary to establish a working group to identify and assess the reintegration needs of reserve personnel who return from overseas operational deployment; and (2) working group to report to the Secretary and Congress on its activities.
(Sec. 516) Directs the Secretary to establish a national combat veteran reintegration program (to be known as the Yellow Ribbon Reintegration Program) to provide National Guard members and their families with information, services, referral, and outreach opportunities throughout the entire deployment cycle. Requires the program to consist of informational events and activities for such members, their families, and community members through the following phases of the deployment cycle: (1) pre-deployment; (2) deployment; (3) demobilization; and (4) post-deployment-reconstitution. Requires the: (1) National Guard Bureau to establish the Office for Reintegration Programs to administer state National Guard reintegration programs; (2) Bureau Chief to establish a Center for Excellence in Reintegration; (3) Bureau Chief to appoint an advisory board to analyze and report areas of success and areas for necessary improvements; and (4) advisory board to submit an initial and annual report to the defense committees. Describes each deployment phase and authorized activities during such phase. Provides Program funding (with an equivalent offset).
(Sec. 517) Directs the Secretary to ensure that a reserve member who will be called or ordered to active duty for a period of more than 30 days in support of a contingency operation is given a minimum of 30 days' advance notice, with a goal of providing 90 days' advance notice. Authorizes the Secretary to waive such requirement, or provide a shorter notice, during a war or national emergency or to meet mission requirements.
Subtitle C: Education and Training - (Sec. 521) Authorizes the Secretary of the Army to modify requirements entered into by cadets in the ROTC who participate in the Guaranteed Reserve Forces Duty Scholarship program to allow the member to meet previously-required reserve service commitments by fulfilling active-duty service commitments as a physician upon graduation from the Uniformed Services University of the Health Sciences.
(Sec. 522) Increases from 416 to 424 the annual limit of ROTC scholarships under the Army Reserve and Army National Guard.
(Sec. 523) Revises DOD authority to pay tuition expenses for off-duty training or education to authorize the Secretaries concerned to pay tuition assistance to certain members who serve in critical occupational specialties and agree to a specified period of additional service in the Ready Reserve. Directs the Secretary to carry out, and report to the defense committees on, a study of the tuition assistance program.
(Sec. 524) Authorizes the National Defense University to award a master of arts degree in Strategic Security Studies to graduates fulfilling requirements at the School for National Security Executive Education.
(Sec. 525) Recodifies under federal veterans' benefits provisions current armed forces provisions concerning educational assistance programs for: (1) members of the Selected Reserve; and (2) reserve personnel supporting contingency operations and certain other operations. Requires the Secretaries of Defense and Veterans Affairs to enter into an agreement to transfer funds from the Department of Defense Education Benefits Fund to the Readjustment Benefits Account of the Department of Veterans Affairs to pay for benefits under the transferred programs.
(Sec. 526) Requires the Secretary to: (1) carry out an evaluation of the degree-granting authorities of certain military universities and educational institutions; and (2) report evaluation results to the defense committees.
(Sec. 527) Allows three named high schools in Suffolk County, New York, to be treated as a single institution for purposes of maintaining a Navy Junior ROTC unit.
(Sec. 528) Authorizes the Secretary of the Navy to establish and maintain a Senior ROTC program at the University of Miami, Coral Gables, Florida.
(Sec. 529) Directs the Secretary to ensure that Army National Guard and Reserve ROTC scholarships provided in this title are available to students attending historically black colleges and universities that are part B institutions as defined under the Higher Education Act of 1965, as well as minority and Hispanic-serving institutions.
(Sec. 530) Expresses the sense of Congress that the time limitations on the use of educational assistance by members of the Selected Reserve and reserve personnel serving in support of contingency operations should be extended to allow an affected individual to use such assistance during the ten-year period following separation from the Ready Reserve or Selected Reserve.
Subtitle D: General Service Authorities - (Sec. 531) Authorizes the Secretary to waive the mandatory period of initial obligated service in the case of appointment of a commissioned officer in a critically short health professional specialty, but prohibits such service period from being less than two years.
(Sec. 532) Authorizes officers in the regular Army and Air Force to reenlist in their former enlisted grade when separation as an officer is under honorable conditions and the officer is otherwise qualified for the reenlistment.
Subtitle E: Military Justice and Legal Assistance Matters - (Sec. 541) Authorizes the provision of DOD legal assistance to federal civilian employees serving or preparing to serve with an armed force in support of a contingency operation.
Subtitle F: Decorations and Awards - (Sec. 551) Authorizes and requests the President to award the Medal of Honor to: (1) Leslie H. Sabo, Jr., for acts of valor during the Vietnam War; (2) Henry Svehla for acts of valor during the Korean War; (3) Woodrow W. Keeble for acts of valor during the Korean War; (4) Private Philip G. Shadrach for acts of valor during the Civil War; and (5) Private George D. Wilson for acts of valor during the Civil War.
(Sec. 556) Directs the Secretary concerned to issue a Cold War Victory Medal to any person who served honorably on active duty for a minimum of 180 days during the period beginning on September 2, 1945, and ending on December 26, 1991.
(Sec. 557) Directs the Secretary concerned to issue a Combat Medevac Badge to each person who served in combat on or after June 25, 1950, as a pilot or crew member of a helicopter medical evacuation ambulance.
Subtitle G: Impact Aid and Defense Dependents Education System - (Sec. 561) Amends the Defense Dependents' Education Act of 1978 to authorize the payment of tuition assistance for military dependents attending private boarding schools in areas where schools operated by the Defense Dependents' Education System are not reasonably available.
(Sec. 562) Earmarks specified DOD O&M funds for assistance to local educational agencies experiencing: (1) significant numbers of military dependent students; and (2) significant enrollment changes due to base closures, force structure changes, or force relocations.
Subtitle H: Other Matters - (Sec. 571) Extends through 2010 DOD authority to accept gifts, devises, or bequests to benefit members of the Armed Forces, their dependents, and civilian DOD employees.
(Sec. 572) Revises federal provisions concerning performance policies for military bands and other military musical units to allow band members to perform music in their personal capacity, with or without compensation, while acting exclusively outside their official positions. Prohibits such members from wearing a military uniform while engaging in such private performances. Allows military bands or units to produce and distribute musical recordings to the public at a cost not to exceed production and distribution expenses.
(Sec. 573) Repeals the two-per-state limit on the number of DOD Starbase academies.
(Sec. 574) Directs the Secretary to institute a program to give veterans who have served in combat the opportunity to meet, inform, exchange ideas, and mentor current members of the Armed Forces.
(Sec. 575) Recognizes the members of the Monuments, Fine Arts, and Archives program under the Civil Affairs and Military Government Sections of the United States Armed Forces for their service in the preservation, protection, and restoration of monuments, works of art, and other artifacts in Europe and Asia during and following World War II.
(Sec. 576) Directs the Secretary to conduct a program to commemorate the 50th anniversary of the Vietnam War. Requires the program to commence within 180 days after the enactment of this Act and continue through December 31, 2025. Establishes the Department of Defense Vietnam War Commemoration Fund. Directs the Secretary, after the end of the commemorative period, to submit to Congress a final report on the accounting of all program funds. Authorizes appropriations.
(Sec. 577) Amends the Servicemembers Civil Relief Act to provide for the protection of child custody arrangements for parents who are members deployed in support of a contingency operation. States that if a motion for change of custody of a child of such a member is filed while the member is so deployed, no court may enter an order modifying or amending a previous child custody judgment, except if there is clear and convincing evidence that it is in the best interest of the child. Prohibits any court from considering a member's absence due to deployment in support of a contingency operation in determining the best interest of the child.
(Sec. 578) Provides that, in the case of a member with minor dependents who has a spouse who is also a member and that spouse is deployed in an area for which imminent danger pay is authorized, the member may request a deployment deferment from such an area until the spouse returns from such deployment.
(Sec. 579) Requires the Secretary to revise a specified DOD directive to include membership in a criminal street gang within the list of prohibited activities by members of the Armed Forces.
(Sec. 580) Directs the Secretary to study and report to Congress on the feasibility and advisability of: (1) establishing a pilot program on family-to-family support for families of members of the National Guard and reserves undergoing deployment; and (2) entering into an agreement with a private entity to enhance and develop support services for children of deployed members of the National Guard and reserves.
(Sec. 582) Prohibits the unauthorized use of the names or images of current members of the Armed Forces or any person who was a member of the Armed Forces after April 5, 1917, and, if not living, has a surviving spouse, child, parent, grandparent, or sibling, in connection with any merchandise, solicitation, or commercial activity designed to connect the individual with their military service.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY2008 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases, effective January 1, 2008, by 3.5% the rates of basic pay for military personnel.
(Sec. 602) Allows reserve members without dependents to receive basic allowance for housing when attending accession training while maintaining a primary residence.
(Sec. 603) Describes when income replacement payments are required for reserve personnel experiencing extended and frequent mobilization for active-duty service. Makes eligible for such payments members who are retained on active duty for authorized medical care, or for medical evaluation for a disability.
(Sec. 604) Requires mid-month federal contributions on behalf of military personnel who elect to participate in the Thrift Savings Plan (TSP).
(Sec. 605) Amends the NDAA for Fiscal Year 2006 to authorize payment of an Army referral bonus to a member or employee who refers an officer candidate (under current law , the bonus is paid only for enlistments) who is later appointed in a designated health profession.
(Sec. 606) Requires that pay raises for members of all military components during FY2009-FY2012 shall be one-half of one percent higher than the percentage increase in the Employment Cost Index.
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2009 specified authorities currently scheduled to expire at the end of 2007 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 615) Increases from $50,000 to $75,000 the incentive special pay and multiyear retention bonus for military medical officers.
(Sec. 616) Increases the special pay for military dental officers: (1) with less than three years of service from $4,000 to $10,000; and (2) with more than three but less than ten years of service from $6,000 to $12,000.
(Sec. 617) Makes eligible for career sea pay members assigned to a crew for a multi-crewed class of vessels.
(Sec. 618) Sets at three years the required minimum period of obligated service, and at $15,000 the maximum amount, for the Selected Reserve reenlistment bonus.
(Sec. 619) Authorizes payment of a Selected Reserve enlistment bonus to persons who had enlisted previously, but were unable to complete basic training requirements and whose service was characterized as honorable or uncharacterized.
(Sec. 620) Extends eligibility for nuclear officer continuation pay from 26 to 30 years of commissioned service.
(Sec. 621) Authorizes either the Secretary, or the Secretary of Homeland Security with respect to the Coast Guard when not operating as a service in the Navy, to waive the maximum years of service eligibility requirement for a critical skill retention bonus for members with more than 25 years of service.
(Sec. 622) Authorizes an accession bonus of up to $20,000 for participants in the Armed Forces Health Professional Scholarship and Financial Assistance Program.
(Sec. 623) Authorizes the Secretary concerned to pay assignment incentive pay to a reserve member for each month, during the period beginning on January 1, 2005, through the end of any active-duty service in a combat zone associated with Operations Enduring Freedom or Iraqi Freedom, that such member served in excess of 22 months of qualifying service. Makes such monthly incentive pay $1,000.
(Sec. 624) Increases from $750 to $1,500 the maximum monthly rate of hardship duty pay.
Subtitle C: Travel and Transportation Allowances - (Sec. 631) Authorizes the Secretary concerned to provide a $50 stipend to reserve members who participate in an electronic screening to verify contact information and determine individual readiness. Prohibits the dual receipt of inactive-duty training compensation for members receiving the stipend.
(Sec. 632) Authorizes the Secretary of the military department concerned to furnish up to $250 worth of civilian clothing and luggage to a member of the Armed Forces, or to reimburse the member up to such amount for the purchase of such civilian clothing and luggage, for use for travel in connection with a medical evacuation. (Under current law $250 is allowed, but only for furnishing civilian clothing or reimbursement for such clothing.)
(Sec. 633) Authorizes the Secretary concerned to reimburse educational institutions for moving expenses paid to Junior ROTC instructors when such Secretary determines the position as a hard-to-fill position and the instructor has agreed to serve in the position for at least two years.
(Sec. 634) Authorizes members with at least one driver-eligible family member to ship two privately owned vehicles during a permanent change of station move to non-foreign duty locations located outside the continental United States (such as Alaska, Hawaii, or U.S. territories and possessions).
(Sec. 635) Authorizes the Secretary concerned to reimburse up to $300 of the travel expenses of a Selected Reserve member who serves in a specialty designated by the Secretary when that travel for the performance of inactive duty training or unit training assembly is outside the commuting limits of the member and the training is necessary to maintain mission readiness.
Subtitle D: Retired Pay and Survivor Benefits - (Sec. 641) Allows periods of confinement prior to convening authority action to be considered in determining certain benefits for dependents who are victims of abuse by the member.
(Sec. 642) Extends permanently (under current law, ends on September 30, 2007) the authority for members to designate a person to receive up to 50% of the member's death gratuity.
(Sec. 643) Provides limitations (designed to protect a surviving or former spouse) on the recoupment of Survivor Benefit Plan (SBP) annuity amounts previously paid, but subject to offset for the payment of dependency and indemnity compensation (DIC). Requires the Secretary to notify the spouse or former spouse concerned of the net amount in question, the statutory requirements for the recoupment, an accounting of the offset calculation, and contact information.
(Sec. 644) Authorizes a special survivor indemnity allowance, determined by formula, for spouses and former spouses affected by the DIC offsets from SBP annuities. Makes such allowance effective for the period beginning on October 1, 2008, and ending on March 1, 2016.
(Sec. 645) Authorizes disabled military retirees with fewer than 20 years of service to receive payments under the combat-related special compensation program as long as they have 15 years of creditable service and their level of disability is rated at 60% or more. Makes such authority effective for the period beginning on October 1, 2008, and ending on October 1, 2015.
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits - (Sec. 651) Requires the Secretary to revise DOD regulations to provide for access to military commissary and exchange stores for surviving spouses and dependents of veterans who were posthumously determined to possess service-connected disabilities rated as 100% (total).
(Sec. 652) Authorizes members involuntarily separated from active duty or the Selected Reserve to continue to use commissary and exchange stores for two years after separation. Makes such authority effective for the period beginning on October 1, 2007, and ending on December 31, 2012.
(Sec. 653) Authorizes executive departments or agencies to utilize employee pay deductions to collect indebtedness owed to the United States.
Subtitle F: Consolidation of Special Pay, Incentive Pay, and Bonus Authorities - (Sec. 661) Consolidates into the following eight categories various current federal provisions concerning special and incentive pays: (1) bonuses for enlisted members; (2) bonuses for officers; (3) bonuses and incentive pays for nuclear officers; (4) bonuses and incentive pays for aviation officers; (5) bonuses and incentive pays for officers in health professions; (6) hazardous duty pays; (7) assignment pays and special duty pays; and (8) skill incentive pays and proficiency bonuses. Continues current separate authorities for 15-year career status bonuses, critical skill retention bonuses, and the continuation of combat zone-related pays and allowances for members hospitalized as a result of combat-related wounds, injuries, or illnesses.
(Sec. 662) Directs the Secretary to develop and submit to the defense and appropriations committees a plan to implement the consolidation of special, incentive, and bonus pays referred to in the previous section. Allows for a transition period of up to ten years after the enactment of this Act. Prohibits the consolidation from having any effect on FY2008 obligations for such special, incentive, or bonus pay.
Subtitle G: Other Matters - (Sec. 671) Expands the types of educational loans authorized to be repaid under the Selected Reserve loan repayment program. Makes eligible for such loan repayments Selected Reserve officers (under current law, only Selected Reserve enlisted members).
(Sec. 672) Amends the Immigration and Nationality Act to: (1) allow readmission into the United States of lawful U.S. permanent resident spouses and children of members stationed abroad after the spouse and children have resided with the member during their service abroad; and (2) provide overseas naturalization eligibility to such spouses and children by treating their period of residence abroad as residence within the United States.
(Sec. 674) Directs the Secretary to provide a postal benefits program for members: (1) serving in Iraq or Afghanistan; or (2) hospitalized at a military medical facility as a result of a disease or injury incurred as a result of such service. Provides such benefits in the form of a voucher which entitles the bearer or user to make qualified mailings free of postage. Allows the use of one voucher for every second month of such duty or hospitalization. Provides program funding (with a corresponding offset).
(Sec. 675) Amends the Family and Medical Leave Act of 1993 to allow the use of leave for any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of an employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. Allows an affected employer to require that a request for such leave be supported by a certification of its necessity.
Title VII: Health Care Provisions - (Sec. 701) Extends through FY2008 the prohibition on increases in certain charges and premiums for care and coverage under TRICARE (a DOD managed care program) Prime, TRICARE Standard, and TRICARE Reserve Select.
(Sec. 702) Limits, during FY2008, the copayment amounts under the retail pharmacy system of the DOD pharmacy benefits program to $3 for generic drugs, $9 for formulary drugs, and $22 for non-formulary drugs.
(Sec. 703) Authorizes the Secretary to exclude from the pharmacy benefits program drugs that are not provided to the Secretary at the same or lower price than that charged to the Department of Veterans Affairs (VA).
(Sec. 704) Prohibits the Secretary concerned from converting any military medical or dental position to a civilian medical or dental position on or after October 1, 2007. Requires a report from the Secretary to the defense and appropriations committees on conversions made during FY2007.
(Sec. 705) Directs the Secretary to establish at the Uniformed Services University of the Health Sciences a graduate education program for advanced-practice nursing for instruction leading to designation as a Nurse Practitioner.
(Sec. 706) Allows mental health counselors: (1) without prior physician referral or supervision, to be reimbursed by DOD for services provided to TRICARE beneficiaries; and (2) to enter into personal contracts with DOD for the provision of mental health services to such beneficiaries. Requires such counselors to meet appropriate licensure or certification requirements established by DOD for a "health care professional."
(Sec. 707) Amends the Reagan Act to extend through FY2010 a pilot program of cooperative health care arrangements between military installations and local and regional nonmilitary health care systems. Extends related report requirements.
(Sec. 708) Authorizes the Secretary to pay a stipend to a reserve member who is called or ordered to active duty for a period of more than 30 days so that such member may maintain civilian health care coverage for a dependent whom the Secretary determines possesses a special health care need that would be best met by remaining in the member's civilian health plan.
(Sec. 709) Directs the Secretary to establish a Joint Pathology Center, located at the National Naval Medical Center in Bethesda, Maryland, that shall function as the DOD reference center in pathology.
(Sec. 710) Requires a report from the Secretary to the defense committees on requirements outlined in the Warner Act concerning training in the preservation of remains under combat or combat-related conditions.
(Sec. 711) Directs the Secretary to establish a computer-based program that assesses the cognitive functioning of members prior to and after returning from deployments in support of the Global War on Terror, including Operations Iraqi Freedom and Enduring Freedom. Requires an implementation report from the Secretary to the defense committees.
(Sec. 712) Requires that the funds available for Walter Reed Army Medical Center for a fiscal year be the same amount as that expended by the commander of the Center in FY2006 until the Secretary certifies to Congress that the expanded facilities at the National Naval Medical Center, Bethesda, Maryland, and DeWitt Army Community Hospital, Fort Belvoir, Virginia, have sufficient staff, equipment, and capacity to provide at least the same level of care provided at Walter Reed during FY2006.
(Sec. 713) Requires: (1) a report from the Secretary to the defense committees on DOD's policies for administering and evaluating the vaccination of members of the Armed Forces; and (2) a study (with study results submitted to such committees) by the Secretary examining the safety and efficacy of administering multiple vaccinations to members within a 24-hour period.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Requires the Administrator for Federal Procurement Policy to: (1) revise the definition of "commercial services" in the Federal Acquisition Regulation (FAR) to conform it to such definition under the Office of Federal Procurement Policy Act (OFPPA); and (2) analyze and choose the best of two options for the procurement of non-commercial services similar to commercial services.
(Sec. 802) Amends the OFPPA to: (1) repeal the termination of (and thereby make permanent) the acquisition workforce training fund; and (2) require the Secretary to include a separate section on the acquisition workforce in the next and subsequent DOD strategic human capital plans required under the NDAA for Fiscal Year 2006.
(Sec. 803) Directs the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) to issue guidance on the DOD use of interagency contracting.
(Sec. 804) Prohibits the Secretary from contracting for the procurement of goods or services from any foreign person to which the government of a foreign country that is a member of the World Trade Organization (WTO) has provided a subsidy if the United States has requested consultations with that foreign country on the basis that the subsidy is a prohibited subsidy and either: (1) the issue has not been resolved; or (2) the WTO has ruled that the subsidy provided is a prohibited subsidy. Applies such prohibition also to joint ventures and subcontracts and task orders. Makes such prohibition inapplicable to any contract under an MDAP that has received Milestone B approval.
(Sec. 805) Prohibits the use of DOD funds for the procurement of goods or services from a source subject to sanctions for violations of the Iran and Syria Nonproliferation Act, or from any source that is owned or controlled by a sanctioned entity. Provides an exception for the Secretary for compelling reasons, after notification to the defense committees.
(Sec. 806) Prohibits DOD from awarding any new contracts for lead systems integrator functions in the acquisition of major systems, effective October 1, 2011. Requires the Secretary to develop a plan for establishing the appropriate size of the acquisition workforce to accomplish inherently governmental functions related to acquisition of major weapons systems. Authorizes DOD, if specified conditions are met, to award contracts for the procurement of goods or services the primary purpose of which is to perform acquisition support functions with respect to the development or production of a major system.
(Sec. 807) Extends to Native Hawaiian-serving and Alaska Native-serving institutions the federal contract goals for small disadvantaged businesses and certain institutions of higher education.
(Sec. 808) Directs the Under Secretary to issue guidance requiring that all DOD solicitations for proposals for major systems that could contain strategic materials clearly specify that an evaluation criteria for such proposals will be the extent to which each prospective strategic material supplier demonstrates a record of sustained reinvestment in processes, infrastructure, workforce training, and facilities for domestic production of such material, as well as a plan for continued reinvestment. Requires the Strategic Materials Protection Board to annually review and report to Congress on proposals submitted for major systems that could contain strategic materials.
(Sec. 809) Defines the term "required form" for purposes of restrictions on the procurement of specialty metals. Includes as a "commercial item" commercial off-the-shelf items. Requires any domestic non-determinations made between December 6, 2006, and 60 days after the enactment of this Act to comply with this section.
(Sec. 810) Requires that, if the Secretary determines that a contractor or prospective contractor has been convicted of a criminal violation of the Arms Export Control Act, the Secretary shall debar such contractor from contracting with DOD for up to five years. Provides an exception when the Secretary determines a compelling reason, after notifying the Administrator of General Services.
Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 811) Requires the submission of cost or pricing data under the Truth in Negotiations Act for sole-source contracts for commercial items if the contracting officer is otherwise unable to locate sufficient sales to determine that a price is fair and reasonable.
(Sec. 812) Requires submission of cost or pricing data on noncommercial modifications of commercial items to include the total price of the contract at the time of contract award. Raises from $500,000 to $650,000 the total contract price threshold after which submission of cost or pricing data is required.
(Sec. 813) Directs the Under Secretary to develop and implement a plan to minimize the number of government-unique contract clauses used in commercial contracts by restricting such clauses to: (1) those authorized by law or regulation; and (2) ones relevant and necessary to a specific contract.
(Sec. 814) Amends the Clinger-Cohen Act of 1996 to extend until January 1, 2010, the authority to use simplified acquisition procedures for the purchase of property or services that are commercial items valued at no more than $5 million.
(Sec. 815) Amends the NDAA for Fiscal Year: (1) 2004 to extend through FY2012 the authority to fill shortage category positions in the acquisition workforce; and (2) 1994 to extend through FY2013 the authority to carry out certain prototype projects.
(Sec. 817) Codifies the positions and duties of the acquisition executive and senior procurement executive within the U.S. Special Operations Command. Allows the Command commander to designate the same individual for both positions.
(Sec. 818) Exempts the Command from certain leasing requirements for contracts relating to vessels, aircraft, and combat vehicles.
(Sec. 819) Allows the Commander of the U.S. Joint Forces Command to provide funding for the maintenance of items procured under such Command's limited acquisition authority.
(Sec. 820) Revises requirements for market research for procurements in excess of the simplified acquisition threshold to require the use of an appropriately tailored search engine to identify capabilities available in the commercial marketplace. Directs the Under Secretary to evaluate options for preference for contractors that maximize the use of commercial marketplace capabilities.
Subtitle C: Accountability in Contracting - (Sec. 821) Requires FAR to be revised to restrict the contract period of any contract greater than $1 million entered into by an executive agency under procedures other than competitive procedures pursuant to the procedures exception provided within the Federal Property and Administrative Services Act of 1949.
(Sec. 822) Requires the heads of federal agencies making procurements of at least $1 billion in the previous fiscal year, and the Under Secretary with respect to DOD, to develop and implement a plan to maximize the use of fixed-price type contracts for the procurement of goods and services by that agency or DOD. Requires the: (1) plan to be submitted to specified congressional committees and the CG; and (2) CG to review and report to Congress on such plans.
(Sec. 823) Amends the Federal Property and Administrative Services Act of 1949 to require the head of an executive agency, including a defense agency, to make certain justification and approval documents relating to the use of noncompetitive procedures in contracting available on the website of the agency and through the Federal Procurement Data System within 14 days after contract award.
(Sec. 824) Requires the head of each federal agency, and the Under Secretary with respect to DOD, to report quarterly to the chairman and ranking member of specified congressional committees on audits of contractors completed by such agency or DOD.
(Sec. 825) Directs the Administrator for Federal Procurement Policy to study, and report to relevant congressional committees on, the composition, scope, and functions of the government-wide acquisition workforce.
(Sec. 826) Requires a report from the Director of the Office of Government Ethics to Congress on requiring government contractors that advise one or more federal agencies on procurement policy, and requiring FFRDCs, to comply with restrictions relating to personal financial interests, such as those that apply to federal employees.
Subtitle D: Contracts Relating to Iraq and Afghanistan - (Sec. 831) Directs the Secretary, the Secretary of State, and the Administrator of the U.S. Agency for International Development (USAID) to enter into a memorandum of understanding regarding matters relating to contracting for contracts in Iraq or Afghanistan. Prohibits further contracts from being awarded by their department or agency until: (1) the memorandum has been signed by all three parties; and (2) the department or agency concerned has initiated use of the common database identified in the memorandum to track contracts in Iraq or Afghanistan. Authorizes the waiver of such requirements by the President for a 45-day period (with one additional 45-day period) if the President determines and notifies specified congressional committees that, but for such waiver, there would be substantial harm to critical national security objectives. Outlines matters to be covered under the memorandum.
(Sec. 832) Directs the CG, every six months, to review contracts in Iraq or Afghanistan, and report review results to specified congressional committees.
(Sec. 834) Directs the Secretary to ensure, with respect to the procurement of pistols and other weapons supplied to the military forces of Iraq and Afghanistan, that: (1) full and open competition is obtained; (2) no responsible U.S. manufacturer is excluded from competing for such procurements; and (3) products manufactured in the United States are not excluded from the competition.
Subtitle E: Other Matters - (Sec. 841) Requires the Secretary to establish the Rapid Commercial Information Technology Identification Demonstration Pilot, a three-year project to develop, implement, and assess the effectiveness of a comprehensive approach to identifying, assessing, stimulating investment in, rapidly acquiring, and coordinating the use of commercial information technologies. Authorizes appropriations. Requires a project report from the Secretary to the defense and appropriations committees.
(Sec. 842) Provides that, in the case of any major automated information system program, if there is a delay in meeting any of three specified deadlines for a phase of the acquisition process, the Secretary shall report to the defense and appropriations committees on such delay. Requires such report 30 days after the delay occurs.
(Sec. 843) Directs the Secretary concerned to license trademarks, service marks, certification marks, and collective marks relating to military designations and likenesses of military weapons systems to any qualifying company, upon their request. Defines "qualifying companies" as any small business that is a toy or hobby manufacturer, distributor, or merchant.
(Sec. 844) Amends the Warner Act to allow the Secretary to waive the prohibition against entering into a service contract to acquire a military flight simulator if granting the waiver would be in the national interest (currently, if necessary for national security purposes).
(Sec. 845) Requires that costs related to compliance with the DOD requirement to buy certain articles from American sources (Buy American requirement) be excluded from consideration in the evaluation of bid offers provided by U.S firms and foreign sources benefiting from exceptions provided for reciprocal access agreements with foreign countries.
(Sec. 846) Allows a domestic non-availability determination (a determination that no American sources are available for an acquisition) that would apply to more than one DOD prime contract to be made only if the determination: (1) has been proposed and finalized under a formal rulemaking; (2) specifies that the determination will expire 30 days after the Secretary concerned finds it is no longer justified; and (3) requires an accounting of all end items, components, or specialty metals that do not comply with the Buy American requirement. Requires the Secretary to ensure, in the case of waivers affecting a single DOD prime contract, that: (1) information used in making the determination is made available to the public; and (2) the contracting officer receives an accounting of all end items, components, or specialty metals that do not comply with the Buy American requirement.
(Sec. 847) Requires each DOD component to annually evaluate for the preceding fiscal year: (1) the number of acquisition programs that experienced significant and critical cost threshold breaches; and (2) the number of technology development programs that, prior to a Milestone B decision, required recertification by the Joint Requirements Oversight Council. Requires each component that has identified more than two such programs to identify, and outline a plan of correction for, systemic deficiencies in its acquisition policies or practices that may have contributed to such excessive cost growth. Requires the Secretary to provide an assessment of the adequacy of such corrective actions to the defense and appropriations committees.
(Sec. 848) Provides that, when the Secretary considers it necessary to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones, the Secretary shall use competitive procedures when entering into a contract to provide such services.
(Sec. 849) Amends the Contract Disputes Act of 1978 to extend such Act's coverage to maritime contracts.
(Sec. 850) Provides that any actions arising out of a maritime contract shall be subject to the jurisdiction of the U.S. Court of Federal Claims, and shall not be heard in a U.S. district court under the Suits in Admiralty Act or the Public Vessels Act.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Allows the Secretary to annually update the definition of "major headquarters activities" as long as any changes are submitted to Congress at the same time as the submission of defense budget materials. Allows the Secretary concerned or the head of a combatant command to waive the limitation on headquarters personnel if such Secretary or commander certifies to the Secretary of Defense that the waiver is necessary to reduce costs to or to bring back into the government a position that carries out inherently governmental functions. Requires the Secretary to report annually on the use of such waiver authority.
(Sec. 902) Authorizes the Secretaries concerned to choose any number of deputy and assistant chiefs of staff, as long as the total number does not exceed eight. (Currently, such Secretaries are limited to five deputies and three assistants.)
(Sec. 903) Reduces from ten years to five the period that a regular commissioned officer must wait after being relieved from active duty in order to become eligible for appointment as the Secretary or Deputy Secretary of Defense, or the Under Secretary of Defense for Policy.
(Sec. 904) States as an additional principal function of the U.S. Special Operations Command, if directed by the President or the Secretary, to plan, synchronize, and carry out global missions against terrorists. Requires the Secretary to submit to the defense and appropriations committees: (1) a plan to meet future requirements of unconventional warfare; and (2) an annual report on the adequacy of DOD personnel management programs to meet the needs of the special operations command.
(Sec. 905) Redesignates: (1) the Department of the Navy as the Department of the Navy and Marine Corps; and (2) as appropriate the Secretary and other statutory offices within such departments.
(Sec. 906) Directs the Secretary to: (1) assign duties relating to strategic level oversight of all significant DOD management issues to a senior official of a rank not lower than an Under Secretary of Defense; (2) adopt a DOD management structure which defines roles and processes for achieving essential DOD management goals; (3) establish those DOD essential management goals; and (4) report to the defense committees on the implementation of such requirements.
(Sec. 907) Amends the Warner Act to eliminate the requirement that the acquisition programs of the U.S. Special Operations Command must support the acquisition priorities of the respective military departments. Requires the senior DOD acquisition official to encourage the heads of defense agencies to support the acquisition priorities of the respective military departments.
(Sec. 908) Establishes a Department of Defense Board of Actuaries. Requires the Board to report annually to the Secretary, and at least every four years to the President and Congress, on the actuarial status of the Department of Defense Military Retirement Fund and the Department of Defense Education Benefits Fund.
Subtitle B: Space Activities - (Sec. 911) Requires the Secretary to develop the Space Protection Strategy for the development and fielding of space capabilities necessary to ensure freedom of action in space for the United States through FY2025. Requires an initial report, and biennial updates, with respect to the Strategy.
(Sec. 912) Directs the Secretary and each department Secretary to develop metrics to identify, track, and manage space cadre personnel within DOD to ensure sufficient personnel with the expertise, training, and experience to meet current and future national security space needs. Requires a biennial report from the Secretary to the defense and appropriations committees on the management of the space cadre.
Subtitle C: Chemical Demilitarization Program - (Sec. 921) Amends the NDAA for Fiscal Year 1993 to: (1) make the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) the Army's representative to local chemical demilitarization citizens advisory commissions; and (2) allow such commissions to remain in existence until all closure activities are completed at a chemical agent destruction facility pursuant to the Solid Waste Disposal Act.
(Sec. 922) Expresses the sense of Congress that DOD should: (1) continue with its plan for on-site disposal of the Assembled Chemical Weapons Alternatives-managed stockpiles located at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky; and (2) ensure that extensive consultation and notification processes exist between representatives of DOD and relevant states and local communities.
Subtitle D: Intelligence-Related Matters (Sec. 931) Requires the: (1) Secretary concerned to report annually to the Secretary on the foreign language proficiency of personnel in that department; and (2) Secretary to report annually to the defense and appropriations committees on such reports, together with information on current and future foreign language proficiency needs in the military departments.
Subtitle E: Roles and Missions Analysis - (Sec. 941) Directs the Secretary, every four years, to: (1) conduct a comprehensive assessment of DOD roles and missions (to be known as the quadrennial roles and missions review); and (2) report to the defense committees on each review.
(Sec. 942) Requires the Secretary to identify core competencies for: (1) each military department; (2) the Office of the Secretary of Defense; (3) each defense agency; (4) each DOD Field Activity; and (5) each combatant command with acquisition authority. Requires a report from the Secretary to the defense committees on the core competencies.
(Sec. 943) Directs the Secretary to: (1) conduct a review of the capabilities that each of the above entities is performing or developing; and (2) report review results to the defense committees.
(Sec. 944) Requires the Joint Requirements Oversight Council to assist the Chairman of the Joint Chiefs of Staff (JCS) in identifying joint military requirements and core mission areas associated with each requirement. Adds the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Director of the Office of Program Analysis and Evaluation to the membership of the Council. Directs the Council to organize its activities according to DOD core mission areas.
(Sec. 945) Requires: (1) the Council, before the start of technology development for a major system, to certify that the system meets specified requirements concerning capabilities, execution, and costs; (2) notification to the Council by the appropriate entity when the projected cost of a system, prior to Milestone B approval, exceeds by at least 25% the estimated cost submitted to the Council at the time of system certification; and (3) the Council to then consider whether to recommend that the development program be continued or terminated.
(Sec. 946) Requires the DOD future-years mission budget to be organized by core mission areas.
(Sec. 947) Requires the: (1) Secretary to direct the commanders of combatant commands to prepare extended planning annexes to all operational and contingency plans; and (2) annexes to be submitted biannually to the Secretary and JCS Chairman. Outlines Council responsibilities with respect to such annexes.
Subtitle F: Other Matters - (Sec. 951) Requires all future national security strategies and the next quadrennial defense review to include guidance on the effect of climate change on DOD facilities, capabilities, and missions, including preparedness for natural disasters from extreme weather events.
(Sec. 952) Directs the Secretary to develop and submit to Congress a plan to improve and reform the interagency coordination process on national security issues.
(Sec. 953) Amends the David L. Boren National Security Education Act of 1991 to include as a service option under the National Security Education Program those who serve at least one year in an educational position related to the study supported by the Program after being unable to find other federal employment that fulfills Program requirements.
(Sec. 954) Authorizes the Secretary to enter into an agreement with an independent, nonprofit, nonpartisan organization to conduct a study on the national security interagency system. Requires a results report from the organization to Congress and the President.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $4.5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Provides for the determination of the total amount to be contributed by the Secretary in FY2008 for the common-funded budgets of NATO (rather than the maximum amount otherwise applicable under the FY1998 baseline limitation).
Subtitle B: Policy Relating to Vessels and Shipyards - (Sec. 1011) Prohibits the Secretary concerned from contracting for a lease or charter of a vessel for a term of more than 24 months if the hull or component of the hull and superstructure of that vessel is constructed in a foreign shipyard. Authorizes the President to waive such prohibition in the national security interest after 30 days' prior congressional notification.
(Sec. 1012) States that it is the policy of the United States to construct the major combatant vessels of the naval strike forces, including all new classes of such vessels, with integrated nuclear power systems. Requires the Secretary, with respect to a budget submission for construction of a new class of major combatant vessel for the naval strike force, to request a vessel with an integrated nuclear power system, unless the Secretary notifies Congress that an integrated system in such vessel is not in the national interest.
Subtitle C: Counter-Drug Activities - (Sec. 1021) Amends the NDAA for Fiscal Year: (1) 2004 to extend through FY2008 the authority for DOD joint task forces to provide support to law enforcement agencies conducting counterterrorism activities; and (2) 1998 to include the governments of Mexico and the Dominican Republic within DOD authority to provide support for counter-drug activities in foreign countries.
Subtitle D: Reports - (Sec. 1031) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to extend into 2013 required reports from the Secretary and the Director of National Intelligence (previously, the Secretary and the Director of Central Intelligence) concerning research on military capabilities to defeat hardened and deeply buried targets.
(Sec. 1032) Directs the CG to review and report to the defense and appropriations committees on the Joint Improvised Explosive Device Defeat Organization and its activities.
(Sec. 1033) Requires the Secretary to report to the defense and appropriations committees on a national joint modeling and simulation development strategy, including a plan that details DOD's modeling and simulation coordination efforts.
(Sec. 1034) Directs the Secretary to report to Congress regarding the impact of multiple overseas deployments on the families of members serving such deployments as part of Operations Iraqi Freedom and Enduring Freedom.
(Sec. 1035) Requires the Secretary to study and report to the defense committees on methods by which U.S. air carriers and aviation technology companies research, develop, and deploy commercial aviation technologies, and the applicability of such technologies to military use.
(Sec. 1036) Directs the Secretary to: (1) review the procedures by which DOD classifies defense articles and services containing military technology components as excess to the needs of DOD in order to identify the extent to which such procedures have failed to prevent the transfer of such articles and services to terrorists, state sponsors of terrorism, and other unfriendly countries or groups; and (2) report to Congress on review results and appropriate corrective measures.
Subtitle E: Other Matters - (Sec. 1041) Establishes in the Office of the Under Secretary an Office of Corrosion Policy and Oversight, headed by a Director, for the prevention and mitigation of the corrosion of DOD military equipment and infrastructure. Requires the: (1) Secretary to submit annually with defense budget materials funding requirements for the Office; and (2) CG to report to the defense and appropriations committees an analysis of such funding requirements.
(Sec. 1042) Authorizes a state governor, at the request of a federal department or agency head and when authorized by the Secretary, to employ units and members of the National Guard of that state to provide defense support of civil authorities to the requesting department or agency. Outlines authorized types of civil support, and provides support cost reimbursement requirements. Characterizes support duty provided as full-time National Guard duty, and limits duty periods to 180 days. Prohibits performance of support activities from: (1) adversely affecting quality of training or interfering with the member's ability to perform military functions of that unit; or (2) degrading the military skills of the members or the military preparedness of the United States.
(Sec. 1043) Increases the size of payments permitted under DOD's authority to provide rewards for assistance in combating terrorism. Allows such rewards to be provided to government personnel of allied forces participating in a combined operation with U.S. Armed Forces. Terminates the rewards program on September 30, 2010. Requires an implementation report from the Secretary to the defense and appropriations committees.
(Sec. 1045) Authorizes the Secretary to make available to a state, unit of local government, or private U.S. entity small quantities of a toxic chemical or precursor for the development or testing in the United States of material designed to be used for protective purposes. Requires the recipient to pay for all costs associated with providing the chemicals or precursors. Requires U.S. compliance, in providing such agents, with the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, entered into force on April 29, 1997.
(Sec. 1046) Establishes the Congressional Commission on the Strategic Posture of the United States to: (1) examine and make recommendations with respect to the U.S. long-term strategic posture; (2) conduct a strategic threat assessment and detailed review of U.S. nuclear weapons policy, strategy, and force structure; and (3) report findings, conclusions, and recommendations to the President, the Secretaries of Defense, Energy, and State, and the defense committees. Provides funding. Terminates the Commission on June 1, 2009.
(Sec. 1048) Amends the NDAA for Fiscal Year 2006 to repeal the requirement for a certification to the Federal Aviation Administration (FAA) by the Abraham Lincoln National Airport Commission, Illinois.
(Sec. 1049) Prohibits: (1) DOD from selling any F-14 fighter aircraft parts, except to a U.S. museum or similar organization involved in the preservation of such aircraft for historical purposes; and (2) the U.S. government from issuing any license for the export of such parts to a non-U.S. person or entity.
(Sec. 1050) Directs the Secretary to maintain the capability for space-based nuclear detection at a level that meets or exceeds that level as of the date of enactment of this Act.
(Sec. 1051) Amends the Stump Act to increase from 55 to 57 the total number of Weapons of Mass Destruction Civil Support Teams.
(Sec. 1052) Expresses the sense of Congress that the Army: (1) has not been timely in procuring a replacement for the M109 self-propelled howitzer; and (2) should transition to the NLOS-C as its replacement.
(Sec. 1053) Expresses the sense of Congress that: (1) the Nation is grateful to the military personnel who guard and interrogate detainees at the Naval Station, Guantanamo Bay, Cuba; (2) the international community and home countries of such detainees should work with DOD to facilitate and expedite their repatriation; (3) such detainees should be charged and expeditiously prosecuted for their crimes; and (4) operations at such Naval Station should be carried out in a way that upholds the national interest and core value of the United States.
(Sec. 1054) Revises federal provisions concerning the use of the Armed Forces in major public emergencies to discontinue the executive authority to deploy active and reserve personnel during domestic response incidents. Repeals the authority of the President to direct the Secretary to provide supplies, services, and equipment to persons affected by major public emergencies.
(Sec. 1055) Expresses the sense of Congress that an appropriate site in Arlington National Cemetery should be provided for a memorial marker to honor the memory of the 40 members of the U.S. Armed Forces who lost their lives in the air crash at Bakers Creek, Australia, on June 14, 1943.
(Sec. 1056) Prohibits any unescorted civilian seeking access to a military installation or facility, or any civilian employee of a contractor or vendor of a military installation or facility, from entry onto such installation or facility unless a background investigation on such person has been conducted by DOD. Allows for the waiver of such prohibition by the base commander of such installation or facility for persons attending base-sponsored community activities.
(Sec. 1057) Requires the Secretary to submit to the defense and appropriations committees a plan for the transfer of each individual presently detained at Naval Station, Guantanamo Bay, Cuba, under the control of the Joint Task Force, Guantanamo, who is or ever has been classified as an "enemy combatant."
(Sec. 1058) Directs the Secretary to study and report to Congress on the use of power management software by DOD civilian and military personnel and facilities to reduce the use of electricity in computer monitors and personal computers.
Title XI: Civilian Personnel Matters - (Sec. 1101) Authorizes compensation for Federal Wage System employees who are exempt from the overtime pay provisions of the Fair Labor Standards Act for time spent traveling to and from an administratively uncontrollable event (thus providing them the same treatment as is provided General Schedule employees).
(Sec. 1102) Authorizes the head of a federal agency to provide quarters, rations, and storage of a personal vehicle during an extended (more than 180 days) contingency operations deployment.
(Sec. 1103) Allows senior-level federal employees (above GS-15) to accumulate annual leave in the same manner as employees of the Senior Executive Service, the Defense Intelligence Senior Executive Service, and certain other senior government officials.
(Sec. 1104) Allows prevailing rate employees to receive compensatory time off for each hour spent on official travel which is not otherwise compensable.
(Sec. 1105) Directs the United States to pay a death gratuity of $100,000 upon the death of a civilian employee who dies of injuries in connection with service with an armed force in a contingency operation or in connection with a terrorist incident during the employee's service with an armed force. Makes this section effective for deaths occurring on or after October 7, 2001, in connection with service in Operations Enduring Freedom or Iraqi Freedom. Provides a priority for survivors for the receipt of such gratuity. Allows the employee to designate another person to receive up to 50% of such payment, with the balance to be paid according to the survivor priority.
(Sec. 1106) Provides for employees of the National Security Personnel System: (1) a pay-for-performance evaluation system to reward individual or group performance; and (2) access to an employee appeals process. Requires the decision to collectively bargain at a level above the level of exclusive recognition to be mutually agreed to by the Secretary of Labor and the labor organization representing such employees. Guarantees for such employees a veterans' preference in hiring, as well as bargaining when the agency undertakes a reduction-in-force.
(Sec. 1107) Allows annuity payments under the Federal Employees' Retirement System (FERS) to commence on either the day after retirement or the day after age and service requirements are met.
(Sec. 1108) Authorizes an employee of a DOD or Coast Guard nonappropriated fund instrumentality to voluntarily transfer, without a break in service of more than three days, to a civil service appropriated fund position at the lowest pay within the appropriate grade that equals or exceeds the employee's previous pay level.
(Sec. 1109) Allows the dependents of a civilian employee who dies while on deployment in a combat zone to be relocated to their home of record at government expense, notwithstanding that the dependents were residing within the continental United States at the time of the employee's death.
(Sec. 1110) Allows federal employees who sustain a combat-related injury while on active duty in the National Guard or reserves to accept donated leave without depleting their own accrued annual leave. Limits such authority to the period that the employee undergoes medical treatment for the injury, with a five-year limit.
(Sec. 1111) Directs the Secretary to: (1) fully implement the project first authorized under the NDAA for Fiscal Year 1995 to carry out personnel management demonstration projects at DOD laboratories that are exempt from inclusion in DOD's National Security Personnel System; (2) expand the authority to give laboratory directors enhanced ability to make program, funding, personnel, and other decisions to carry out the laboratory mission; and (3) report annually to Congress a list and description of the demonstration project notices, amendments, and changes requested by laboratories.
(Sec. 1112) Amends the federal information technology exchange program (a program allowing federal information technology employees to be transferred to a private sector organization for up to two years during the five-year period after December 17, 2002) to allow a DOD information technology employee to be transferred during the eight-year period after such date.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Allows the Secretary to assign personnel for military-to-military contact and other personnel exchange programs on a non-reciprocal basis, if the Secretary determines it is in the best interests of the United States.
(Sec. 1202) Amends the Reagan Act to extend through FY2010 the authority for the DOD support of military activities of foreign forces, groups, or individuals to combat terrorism. Extends related report requirements.
(Sec. 1203) Authorizes the Secretary to pay the medical expenses incurred by a liaison officer from a developing country who is temporarily assigned to a headquarters of a combatant command, component command, or subordinate operational command in connection with the planning for, or conduct of, a coalition operation. Authorizes the Secretary to pay such officer's temporary duty expenses when requested by the commander of one of such commands to travel in support of the United States. Extends permanently (previously expired on December 31, 2005) the Secretary's authority to provide administrative services and support to such officers.
(Sec. 1204) Amends the Warner Act to extend through FY2008 the authority of, and increase the authorization of appropriations for, DOD to enter into agreements with NATO members, major non-NATO allies, and friendly foreign countries to participate in centers of excellence to enhance interoperability, develop military doctrine, and develop and test new concepts.
(Sec. 1205) Amends the NDAA for Fiscal Year 2006 to extend through FY2009 the Commander's Emergency Response program (DOD provision of humanitarian and related relief to Iraq and Afghanistan).
(Sec. 1206) Amends the NDAA for Fiscal Year 2006 to use existing authority for specified assistance to Pakistan to provide assistance to build the capacity of Pakistan's other security forces that are critical to the success of counterterrorist operations. Requires congressional notification 30 days in advance of the use of such authority.
(Sec. 1207) Authorizes the Secretary to provide assistance to foreign nations to assist DOD in recovery and accounting activities for missing U.S. government personnel. Limits such assistance to $1 million per fiscal year.
(Sec. 1208) Allows the Secretary to authorize a department Secretary or combatant command commander to exchange or furnish automatic identification system data broadcast by merchant or private ships and collected by the United States to a foreign country or international organization pursuant to an agreement for such an exchange.
(Sec. 1209) Requires a report from the Secretary to the appropriations, defense, and foreign relations committees describing all foreign assistance-related programs, projects, and activities carried out by DOD.
Subtitle B: Matters Relating to Iraq - (Sec. 1221) Amends the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 to extend the responsibilities of the Special Inspector General for Iraq Reconstruction to include authority over all reconstruction funding provided, regardless of its source or fiscal year availability.
(Sec. 1222) Amends the Warner Act to make permanent the prohibition on the establishment of permanent military installations in Iraq or U.S. control over oil resources of Iraq.
(Sec. 1223) Requires a biannual report from the Secretary to Congress on DOD efforts to build the capacity of the government of Iraq to carry out reconstruction activities in Iraq.
(Sec. 1224) Directs the Secretary to report to the defense, appropriations, and foreign relations committees detailing the implementation status of the Multi-National Forces-Iraq/United States Embassy Baghdad Joint Campaign Plan since January 1, 2007, and efforts by the government of Iraq to achieve political reform in Iraq. Requires the Commander, Multi-National Forces-Iraq and the U.S. Ambassador to Iraq to jointly submit to the Secretaries of Defense and State an assessment of the situation in Iraq, including an assessment of the effectiveness of the Iraqi Security Forces. Requires an update of such report every 180 days until U.S. combat forces have been redeployed from Iraq.
(Sec. 1225) Requires quarterly reports from the Secretary to the defense and foreign relations committees assessing the Iraqi Security Forces.
(Sec. 1226) Expresses the sense of Congress that the Iraqi Council of Representatives should not recess for an extended period of time without first making substantial progress toward: (1) enacting a law that equitably shares oil revenue among all Iraqis; (2) adopting laws for the conduct of provincial and local elections; (3) reforming laws governing the de-Baathification process; (4) amending the Iraq Constitution to encourage national reconciliation; and (5) enacting legislation that helps to begin the process of political reconciliation and reduce support for the insurgency in Iraq.
Subtitle C: Matters Relating to Afghanistan - (Sec. 1231) Establishes the Office of the Special Inspector General for Afghanistan Reconstruction to: (1) provide independent and objective audits and investigations relating to Afghanistan reconstruction programs and operations funded with DOD funds; (2) provide leadership and coordination in the administration of such programs and operations; and (3) keep the Secretary fully informed about problems and deficiencies in the administration of such programs and operations, as well as appropriate corrective actions. Requires the Special Inspector General to appoint an Assistant Inspector General for: (1) Auditing; and (2) Investigations. Requires: (1) quarterly reports from the Special Inspector General to the Secretary and the defense and appropriations committees; (2) semiannual reports meeting requirements of the Inspector General Act of 1978; and (3) the public availability of such reports. Allows the President to waive the public availability requirement for national security purposes. Provides Office funding. Terminates the Office ten months after 80% of the funds made available to DOD for the reconstruction of Afghanistan have been expended. Requires a final report from the Special Inspector General prior to such termination.
(Sec. 1232) Directs the Secretary to report to the defense, appropriations, and foreign relations committees on progress toward security and stability in Afghanistan. Outlines matters to be included in such report, including: (1) Afghanistan National Security Forces capacity-building; (2) provincial reconstruction teams and other reconstruction and development activities; (3) regional (geographic) considerations; and (4) performance indicators and measures of progress toward sustainable long-term security and stability in Afghanistan. Requires a report update every 90 days.
(Sec. 1233) Requires: (1) a report from the Secretary to Congress on DOD counter-narcotics objectives for Afghanistan, as well as the strategy for implementing such objectives; and (2) a report update every 90 days.
(Sec. 1234) Directs the Secretary to submit to the defense, appropriations, foreign relations, and judiciary committees a plan for sustaining the Afghanistan National Army and the Afghanistan National Police of the Afghanistan National Security Forces to ensure long-term security and stability in Afghanistan. Requires a plan update every 90 days.
(Sec. 1235) Expresses the sense of Congress that the United States should help provide for necessary upgrades for the airfield located in Abeche, Chad, in order to support potential NATO operations, facilitate a possible UN deployment to Chad and the Darfur region, and support humanitarian operations. Requires a report from the Secretary to Congress on the current operational status of the airfield and recommendations for appropriate upgrades.
Subtitle D: Other Matters - (Sec. 1241) Redesignates certain terms relating to DOD cooperative research and development agreements with NATO countries and other allied and friendly foreign nations.
(Sec. 1242) Amends the NDAA for Fiscal Year 1994 to: (1) replace the Director of Central Intelligence with the Director of National Intelligence on the Counterproliferation Program Review Committee; (2) add to such Committee the Secretaries of State, Homeland Security, and Health and Human Services, as well as the EPA Administrator; (3) extend the Committee through FY2013; and (4) make related reports biennial rather than annual.
(Sec. 1243) Expresses the sense of Congress that: (1) the Western Hemisphere Institute for Security Cooperation is succeeding in providing security education and training to eligible Western Hemisphere military personnel, law enforcement officials, and civilians; and (2) therefore, the Institute should continue to be utilized.
(Sec. 1244) Expresses the sense of Congress that: (1) U.S. military warfighting capabilities are potentially threatened by the strategic military capabilities and intentions of the People's Republic of China; (2) it is in the U.S. national security interest to understand China's military capabilities and intentions; and (3) the Secretary should expand efforts to accurately assess China's strategic military modernization, particularly with regard to its sea- and space-based strategic capabilities.
Title XIII: Cooperative Threat Reduction With States of the Former Soviet Union - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 30 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Expresses the sense of Congress that the CTR program should be strengthened and expanded, in part by developing new CTR initiatives. Outlines CTR goals and objectives of such initiatives. Requires the Secretary to: (1) arrange for the National Academy of Sciences to carry out a study to analyze options for strengthening and expanding the CTR program; and (2) report to the defense, appropriations, and foreign relations committees on the new initiatives. Provides funding.
(Sec. 1304) Directs the Secretary to: (1) notify the defense and appropriations committees within 30 days after the commencement of negotiations for, and finalization of, an agreement with the Russian Federation which transfers to Russia any remaining DOD responsibilities with respect to the project for chemical weapons destruction at Shchuch'ye, Russia; and (2) report to such committees on such project.
(Sec. 1305) Amends various Acts to repeal: (1) certain presidential certification requirements relating to assistance to the Russian Federation under the CTR program; and (2) a limitation on the use of CTR funds for chemical weapons destruction in Russia.
(Sec. 1306) Amends the NDAA for Fiscal Year 2004 to: (1) authorize the Secretary (under current law, the President) to use CTR funds outside the former Soviet Union; and (2) repeal its funding limitation.
(Sec. 1307) Increases by $48,000 CTR funding provided in this title, to be used to expand staff capacity and resources for activities related to new CTR initiatives.
Title XIV: Wounded Warrior Assistance - Subtitle A: Improved Assistance for Wounded Warriors - (Sec. 1411) Requires a member of the Armed Forces in an outpatient status at a military medical treatment facility to be assigned a medical care case manager to: (1) assist in understanding the member's medical status; (2) assist the member in receiving prescribed medical care; and (3) conduct a review, at least once a week, of the member's medical status. Allows each case manager to be assigned to no more than 17 members, with a waiver by the Secretary concerned for up to 120 days due to unforeseen circumstances. Directs the Secretary to establish a standard training program and curriculum to be completed by each case manager. Requires each outpatient member to also be assigned a service member advocate. Allows each advocate to be assigned to no more than 30 members (with the same authorized waiver as above). Requires the Secretary to provide information to each member in an outpatient status (and their family members) on the availability of services provided by case managers and advocates. Directs the Secretary concerned to conduct semiannual surveys of such members, which shall include an assessment of the quality of care, adequacy of living facilities, and fairness and timeliness of the physical disability evaluation system.
(Sec. 1412) Requires the Secretary to establish a DOD-wide Ombudsman Office to provide policy guidance to, and oversight of, ombudsman offices in the militar