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P.L. 110-116, The Department of Defense Appropriations Act, 2008

  • This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

Comparing revision saved on November 7, 2007, 18:46:03 (webmaster), with revision saved on January 15, 2008, 19:14:04 (webmaster):

Making appropriations for the Department of Defense for the fiscal year ending September 30, 2008.

== Detailed Summary ==

<summary>
Department<b>Division A: </b>Department of Defense Appropriations Act, 2008 -<b> Department of Defense - <b>TitleTitle I: Military Personnel </b>- Appropriates funds for FY2008 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force, and for National Guard personnel in the Army and Air Force.

<b>Title II: Operation and Maintenance </b>- Appropriates funds for FY2008 for operation and maintenance (O&amp;M) for the Army, Navy, Marine Corps, and Air Force, the defense agencies, the reserve components, and the Army and Air National Guard. Appropriates funds for: (1) the United States Court of Appeals for the Armed Forces; (2) environmental restoration for the Army, Navy, Air Force, defense-wide,military departments, the Department of Defense (DOD), and at formerly used defense sites; (3) overseas humanitarian, disaster, and civic aid; and (4) former Soviet Union threat reduction.

<b>Title III: Procurement </b>- Appropriates funds for FY2008 for procurement by the Armed Forces of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement; (2) National Guard and reserve equipment; and (3) certain procurements under the Defense Production Act of 1950.

<b>Title IV: Research, Development, Test and Evaluation </b>- Appropriates funds for FY2008 for research, development, test and evaluation (RDT&amp;E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.

<b>Title V: Revolving and Management Funds </b>- Appropriates funds for: (1) the Defense Working Capital Funds; and (2) programs under the National Defense Sealift Fund.

<b>Title VI: Other Department of Defense Programs </b>- Appropriates funds for: (1) the Defense Health Program; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; (4) the Joint Improvised Explosive Device Defeat Fund; and (5) the Office of the Inspector General.

<b>Title VII: Related Agencies </b>- Appropriates funds for the: (1) Central Intelligence Agency Retirement and Disability System Fund; and (2) Intelligence Community Management Account.

<b>Title VIII: General Provisions </b>- Specifies authorized, restricted, and prohibited uses of authorized funds.

(Sec. 8009) Authorizes procurement funds8006) Requires a report from DOD to be usedthe defense committees to establish the baseline for a multiyear procurement contract for: (1) M1A2 Abrams system enhancement package upgrades; (2) M2A3/M3A3 Bradley upgrades;application of FY2008 reprogramming and (3) the Virginia-class submarine.transfer authorities.

(Sec. 8011) Prohibits, during FY2008,8010) Authorizes procurement funds to be used for a multiyear procurement contract for: (1) the management by end strengths of Department of Defense (DOD) civilian personnel.Army CH-47 Chinook helicopter; (2) M1A2 Abrams system enhancement package upgrades; (3) M2A3/M3A3 Bradley upgrades; and (4) the Virginia class submarine.

(Sec. 8022) Authorizes DOD to incur obligations8012) Prohibits, during FY2008, the management by end strengths of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait.civilian personnel.

(Sec. 8024) Prohibits the use8023) Authorizes DOD to incur obligations of funds from this Actup to establish a new federally funded research$350 million for DOD military compensation, construction projects, and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants. Prohibits the usesupplies and services in anticipation of FY2008 funds for new building construction, cost-sharing payments for projects funded by government grants, absorptionreceipts of cost overruns, or certain charitable contributions. Limitscontributions from the staff yearsgovernment of technical effort that may be funded for FFRDCs from FY2008 funds. Reduces, by $53.428 million, the total amount appropriated in this Act for FFRDCs.Kuwait.

(Sec. 8025) Provides Buy American requirements with respectProhibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the DOD procurementfederal compensation to be paid to FFRDC members or consultants. Prohibits the use of carbon, alloy,FY2008 funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of cost overruns, or armor steel plating.certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY2008 funds. Reduces, by $57.725 million, the total amount appropriated in this Act for FFRDCs.

(Sec. 8028) Requires the Secretary of Defense (Secretary)8026) Provides Buy American requirements with respect to report to Congress on the amountDOD procurement of DOD purchases from foreign entities in FY2008.carbon, alloy, or armor steel plating.

(Sec. 8031) Authorizes8029) Requires the Secretary of the Air ForceDefense (Secretary) to convey to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excessreport to Congress on the needsamount of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.DOD purchases from foreign entities in FY2008.

(Sec. 8036) Makes specified DOD O&amp;M funds available only for8032) Authorizes the mitigationSecretary of environmental impacts onthe Air Force to convey to Indian lands resulting from DOD activities.tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.

(Sec. 8037) Prohibits the use of funds: (1) by a8038) Makes specified DOD entity without compliance withO&amp;M funds available only for the Buy American Act; (2) to establish additional field operating agenciesmitigation of environmental impacts on Indian lands resulting from DOD elements, except for those funded within the National Foreign Intelligence Program and Army agencies established to eliminate, mitigate, or counter the effects of improvised explosive devices; (3) for assistance to the Democratic People's Republic of North Korea, unless specifically appropriated for such purpose; and (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.activities.

(Sec. 8041) Rescinds specified funds from various accounts under prior defense appropriations Acts.8039) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program and Army agencies established to eliminate, mitigate, or counter the effects of improvised explosive devices; (3) for assistance to the Democratic People's Republic of North Korea, unless specifically appropriated for such purpose; and (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.

(Sec. 8046) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of8043) Rescinds specified funds available to DOD or the Central Intelligence Agency (CIA) for drug interdiction or counter-drug activities.from various accounts under prior defense appropriations Acts.

(Sec. 8050)8048) Prohibits current fiscal year DOD funds from being obligated or expended tothe transfer to another nationany other department or international organization defense articles or services for useagency, except as specifically provided in any United Nations (UN) peacekeeping or peace enforcement operation,an appropriations law, of funds available to DOD or the Central Intelligence Agency (CIA) for any other international peacekeeping, peace enforcement,drug interdiction or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.counter-drug activities.

(Sec. 8057) Makes8052) Prohibits current fiscal year DOD funds availablefrom being obligated or expended to provide transportation of medical supplies and equipment to: (1) American Samoa; and (2) the Indian Health Servicetransfer to another nation or international organization defense articles or services for use in conjunction with a civil-military project.any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.

(Sec. 8058) Prohibits the use of this Act's8059) Makes DOD funds available to approve or license the saleprovide transportation of medical supplies and equipment to: (1) American Samoa; and (2) the F-22A advanced tactical fighter to any foreign government.Indian Health Service in conjunction with a civil-military project.

(Sec. 8059) Authorizes the Secretary, on a case-by-case basis,8060) Prohibits funds from being used to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperativeapprove or reciprocal trade agreements forlicense the procurementsale of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.F-22 advanced tactical fighter to any foreign government.

(Sec. 8060) Prohibits8061) Authorizes the use of appropriated fundsSecretary, on a case-by-case basis, to support a unit ofwaive limitations on the security forcesprocurement of defense items from a foreign country if credible information existsif: (1) the Secretary determines that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requireslimitations would invalidate cooperative or reciprocal trade agreements for the monitoringprocurement of defense items; and (2) such information. Authorizescountry does not discriminate against the Secretary to waive such prohibition under extraordinary circumstances (requiring a report tosame or similar defense items procured in the defense committees on any such waiver).United States for that country. Provides exceptions.

(Sec. 8065) Provides for8062) Prohibits the crediting during the current fiscal yearuse of certain refunds attributableappropriated funds to support a unit of the usesecurity forces of government travel or purchase cards or refunds for travel arranged by a government-contracted travel management center.foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).

(Sec. 8066) Prohibits appropriated funds from being used8067) Provides for a mission critical or mission essential financial management information technology system that is not registered with the DOD Chief Information Officer. Prohibits such a system from receiving a Milestone A or B approval, or full rate production approval, untilcrediting during the Chief Information Officer certifiescurrent fiscal year of certain refunds attributable to the defense committees that the system is being developed in accordance with the Clinger-Cohen Actuse of 1996.government travel or purchase cards or refunds for travel arranged by a government-contracted travel management center.

(Sec. 8068) Authorizes members ofProhibits appropriated funds from being used for a mission critical or mission essential financial management information technology system that is not registered with the National Guard performing full-time dutyDOD Chief Information Officer. Prohibits such a system from receiving a Milestone A or B approval, or full rate production approval, until the Chief Information Officer certifies to support ground-based elements of the National Ballistic Missile Defense System.defense committees that the system is being developed in accordance with the Clinger-Cohen Act of 1996.

(Sec. 8069) Prohibits appropriated funds from being used8070) Authorizes members of the National Guard performing full-time duty to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8070) Authorizes the Chief of the National Guard Bureau8071) Prohibits appropriated funds from being used to waive payment for the lease of non-excess DOD personal propertytransfer to certain, youth, social, or fraternal nonprofit organizations.any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.

(Sec. 8076)8072) Authorizes the SecretaryChief of the National Guard Bureau to carry out a program to distribute surpluswaive payment for the lease of non-excess DOD dental and medical equipmentpersonal property to Indian Health Service facilities and federally-qualified health centers.certain, youth, social, or fraternal nonprofit organizations.

(Sec. 8077) Earmarks specified RDT&amp;E funds for producing Arrow missile components in8079) Authorizes the United StatesSecretary to carry out a program to distribute surplus DOD dental and Arrow missile components and missiles in Israelmedical equipment to meet Israel's defense requirements.Indian Health Service facilities and federally-qualified health centers.

(Sec. 8081) Prohibits8080) Earmarks specified RDT&amp;E funds from being used to initiate a new start program without prior written notification tofor producing Arrow missile components in the SecretaryUnited States and theArrow missile components and missiles in Israel to meet Israel's defense committees.requirements.

(Sec. 8082) Appropriates8081) Makes Navy shipbuilding and conversion funds for assistanceavailable to public schools that have unusually high concentrations of special needs military dependents enrolled.fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.

(Sec. 8083) Directs: (1) DOD and8086) Appropriates funds for a grant by the Secretary of the Army to make future budgetary and programming plansfacilitate access by veterans to fully finance the Non-Line of Sight Objective Force cannon and ammunition resupply capabilityopportunities for skilled employment in order to field such system in FY2010; and (2) the Army to ensure that budgetary and programmatic plans will provide for no fewer than seven Stryker Brigade Combat Teams.construction industry.

(Sec. 8085) Requires the FY2009 budget8087) Appropriates funds for assistance to include separate budget justification documents for costspublic schools that have unusually high concentrations of U.S. Armed Forces' participation in contingency operations for thespecial needs military personnel, O&amp;M, and procurement accounts.dependents enrolled.

(Sec. 8086) Prohibits funds from being used8088) Directs: (1) DOD and the Army to make future budgetary and programming plans to fully finance the Non-Line of Sight Objective Force cannon and ammunition resupply capability in order to field such system in FY2010; and (2) the Army to ensure that budgetary and programmatic plans will provide for RDT&amp;E, procurement, or deployment of nuclear armed interceptors of a missile defense system.no fewer than seven Stryker Brigade Combat Teams.

(Sec. 8088) Prohibits the availability of8089) Appropriates funds from this Actto DOD for integration of foreign intelligence information unless such information has been lawfully collected and processed duringnine specified grants by the conduct of authorized foreign intelligence activities.Secretary.

(Sec. 8089)8091) Requires Ready Reserve members who are called or orderedthe FY2009 budget to active duty in timeinclude separate budget justification documents for costs of national emergency to be notifiedU.S. Armed Forces' participation in writing of their expected mobilization period atcontingency operations for the time they are called or ordered. Allows the Secretary to waive such requirement in order to respond to a national security emergency or meet dire operational requirements.military personnel, O&amp;M, and procurement accounts.

(Sec. 8091) Reduces the total amount appropriated in: (1) title II8092) Prohibits funds from being used for RDT&amp;E, procurement, or deployment of this Act by $39.693 million, to limit excessive growth in the travel and transportationnuclear armed interceptors of persons; and (2) titles II through V by specified amounts, to reflect savings from revised economic assumptions.a missile defense system.

(Sec. 8096) Authorizes8094) Prohibits the Secretary to present promotional materials, including a U.S. flagavailability of funds for integration of foreign intelligence information unless such information has been lawfully collected and other recognition items, to any member who participates in Operations Enduring Freedom or Iraqi Freedom, in conjunction with any week-long national observation and dayprocessed during the conduct of national celebration.authorized foreign intelligence activities.

(Sec. 8104) Authorizes the transfer8095) Requires Ready Reserve members who are called or ordered to active duty in time of specified fundsnational emergency to the Secretarybe notified of the Interior for construction expensestheir expected mobilization period at the USS ARIZONA Memorial Museum and Visitors Center.time they are called or ordered. Allows the Secretary to waive such requirement in order to respond to a national security emergency or meet dire operational requirements.

(Sec. 8105) Requires DOD to complete work on the destruction of the U.S. stockpile of lethal chemical agents and munitions, including those stored at Blue Grass Army Depot, Kentucky, and Pueblo Chemical Depot, Colorado,8097) Reduces by $506.9 million the deadline established by the Chemical Weapons Convention, andtotal amount appropriated in no circumstances later than December 30, 2017. Requires a report from the Secretary to specified congressional leaderstitles II, III, and the defense committees, at the endIV of 2007 and every 180 days afterwards until compliance, on DOD progress toward such stockpile destruction.this Act, for contractor efficiencies.

(Sec. 8106) Requires8099) Authorizes the Secretary to present promotional materials, including a report from the Secretaries of DefenseU.S. flag and Energyother recognition items, to the defense committeesany member who participates in Operations Enduring Freedom or Iraqi Freedom, in conjunction with any week-long national observation and specified subcommittees on policies and procedures governing the storage and logistic movementday of U.S. nuclear weapons and components through all phases of the nuclear weapons cycle from cradle to grave.national celebration.

(Sec. 8107)8101) Earmarks specified funds for: (1) the Army Smart Data project; (2) materials integrity management research for Air Force systems; (3) the DDG-51 class modernization-hybrid propulsion permanent magnet drive system;operations and (4) deploymentdevelopment of training and technology for the Joint Interagency Training and Education Center and affiliated Center for National Response at the associate intermodal platform pallet system.Memorial Tunnel.

(Sec. 8111) Border Security First Act of 2007 - Authorizes appropriations for FY2008 to: (1) achieve and maintain operational control over8104) Reduces by $1.353 billion the entire land and maritime bordertotal amount appropriated in titles II through V of the United States; (2) hire and train full-time border patrol agents; (3) install fencing, vehicle barriers, sensors, and other border security equipment; (4) remove and/or detain illegal aliens; and (5) reimburse states and political subdivisions for certain border security expenses, as authorized under the Immigration and Nationality Act. Designates such appropriations as an emergency requirement.this Act, to reflect savings from revised economic assumptions.

(Sec. 8112) Earmarks specified funds for: (1) military pilot programs on troops8111) Directs the Secretary to nurse teachers; (2) continuation by the Marine Corps of the advanced precision kill weapons system; (3) advanced automotive technology; (4) the Minuteman digitization demonstration program; (5) Army missile defense system integration for the high-altitude airship program; (6)create a mid-infrared advanced chemical laser and a sea light beam director at the high energy laser systems test facility; and (7) a remote-controlled sonarmajor force program category for USV and harbor surveillance applications.space for DOD's future years defense program.

(Sec. 8119) Amends8112) Appropriates funds to the Senate Rules to state that it is notTanker Replacement Transfer Fund in connection with a gift for a commercial airline to allow a Member, officer, or employee to make multiple reservations on scheduled flights consistent with Senate travel regulations.tanker acquisition program.

(Sec. 8121) Directs8113) Prohibits the Secretary touse of funds to: (1) establish and maintain onany military installation or base for the DOD Internet homepage a direct link to the websitepermanent stationing of the DOD OfficeU.S. Armed Forces in Iraq; or (2) exercise U.S. control over any oil resource of the Inspector General.Iraq.

(Sec. 8122) Earmarks specified funds for: (1)8114) Prohibits the laser perimeter awareness system; (2) the high-temperature superconductor AC synchronous propulsion motor; (3) the ground warfare acoustical combat systemuse of netted sensors; and (4)funds in contravention of specified laws or regulations promulgated to implement the integration, procurement,United Nations Convention Against Torture and retrofit of upgraded molecular sieve oxygen generation systems into F-15C/D fighter aircraft.Other Cruel, Inhuman or Degrading Treatment or Punishment.

(Sec. 8126) Amends the Illegal Immigration Reform8116) Requires any request for funds for a fiscal year after 2008 for an ongoing military operation overseas, including operations in Afghanistan and Immigrant Responsibility Act of 1996 to: (1) require the Secretary of Homeland Security (currently, the Attorney General)Iraq, to install additional physical barriers and roads along U.S. borders to deter illegal crossings; (2) revise generally provisions concerning reinforced fencing and border security priority areas; (3) require the Secretary of Homeland Security,be included in installing security fencing along border areas, to consult with the Secretariesannual budget of the Interior and Agriculture, states, local governments, Indian tribes, and property owners to minimize impacts on the environment, culture, commerce, and quality of lifePresident for local communities and residents; and (4) remove the $12 million limit on the authorization of appropriations under such Act (instead authorizing such sums as may be necessary).that fiscal year.

(Sec. 8127) Earmarks8118) Authorizes the transfer of specified funds for: (1)to the 8th Air Force Cyberspace Innovation CenterSecretary of the Interior for Cyber Combat Developmentconstruction expenses at Barksdale Air Force Base, Louisiana; and (2) the Office of Counter Intelligence of the National Geospatial-Intelligence Agency for Internet observerUSS ARIZONA Memorial Museum and inner view insider threat mitigation tools.Visitors Center.

(Sec. 8129) Outlines federal tax return8119) Requires DOD to complete work on the destruction of the U.S. stockpile of lethal chemical agents and tax law compliance requirementsmunitions, including those stored at Blue Grass Army Depot, Kentucky, and Pueblo Chemical Depot, Colorado, by the deadline established by the Chemical Weapons Convention, and in no circumstances later than December 30, 2017. Requires a report from the Secretary to specified congressional leaders and the defense committees, at the end of 2007 and every 180 days afterwards until compliance, on DOD progress toward such stockpile destruction.

(Sec. 8120) Amends the Senate Rules to state that it is not a gift
for prospective contractors entering into contracts greatera Member (or a Senate employee making a reservation for that Member) to make more than $5 million paid through funds appropriated under this Act.one reservation on scheduled flights with participating airlines when such action assists the Member in conducting official business.

(Sec. 8121) Directs the Secretary to establish and maintain on the DOD Internet homepage a direct link to the website of the DOD Office of the Inspector General.


(Sec. 8130)8122) Appropriates additional funds (with a corresponding offset) for Army National Guard O&amp;M.the Mine Resistant Ambush Protected Vehicle Fund, for use in connection with research and development, upgrades, and procurement of mine resistant ambush protected vehicles. Directs the Secretary, after five days' prior notification to the defense committees, to transfer such funds to O&amp;M, procurement, and RDT&amp;E appropriations for such purposes. Designates such funds as an emergency requirement.

(Sec. 8131) Earmarks specified funds for: (1) manufacturing research to develop all-composite hulls for ships larger than 100 feet; (2) information systems security for<b>Division B: Further Continuing Appropriations, 2008 </b>- (Sec. 101) Amends the Insider Threat program; (3) the Aegis ballistic missile defense system; and (4) the National Military Family Associationjoint resolution making continuing appropriations for the &quot;Operation Purple&quot; program. Requires a report from the SecretaryFY2008 to extend the defense committees on mechanisms (and a plan) for expanding public-private partnerships with military and family organizationsNovember 16, 2007, expiration date to increase access to family support, in particular, for the minor dependent children of deployed servicemembers.December 14, 2007.

(Sec. 8135) Earmarks102) Amends such joint resolution to add provisions which: (1) continue through the December 14, 2007, date the budget authority of the National Dairy Promotion and Research Board under the Dairy Production Stabilization Act of 1983; (2) provide amounts for the rate of operations for the Department of Commerce's periodic censuses and programs; (3) designate certain obligations as emergency requirements; (4) appropriate a specified fundsamount for Charles Davis, widower of JoAnn Davis, late a Representative from Virginia; (5) provide amounts and rates of operations for specified accounts and programs within the virtual systems integrated laboratory-armored vehicle componentsDepartment of Veterans Affairs' Veterans Health Administration; (6) continue through the December 14, 2007, date the authority of the Secretary of Transportation to provide insurance and systems simulated in cost-effective virtual designreinsurance for certain aircraft and test environment.related property placed into federal service; (7) make additional appropriations for the Department of Agriculture's Forest Service and the Department of the Interior's Bureau of Land Management for wildfire management; (8) make additional appropriations for the Department of Homeland Security's Federal Emergency Management Agency for disaster relief; and (9) make additional appropriations for the Department of Housing and Urban Development's Community Development Fund for grants to Louisiana under that state's Road Home program.
</summary>

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== Status of the Legislation ==

<status>
Latest Major Action: 11/6/2007: Conference report H. Rept. 110-434 filed.11/9/2007: Presented to President.
</status>

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== Points in Favor ==

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== Points Against ==

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