LEGISLATIVE BULLETIN | June 29, 2007

S. 1547, the National Defense Authorization Act for Fiscal Year 2008

Summary 

S. 1547, the National Defense Authorization Act for Fiscal Year 2008, would authorize $648 billion in budget authority for defense programs in Fiscal Year 2008. This amount is consistent with the Fiscal Year 2008 Budget Resolution, and consistent with the President’s overall request for the national defense budget, which included a base budget request of $507 billion and a war-related funding request for $141.8 billion. The bill would, however, shift approximately $12 billion from the war-related request to the base budget to pay for programs that are ongoing, or related to increasing the size of the Army and Marine Corps, and not directly related to operations in Iraq and Afghanistan. The amount represents an increase of $40 billion, or 8.5 percent in real terms, above the amount authorized for Fiscal Year 2007. Similar growth comparisons for the cost of the entire bill are not possible because the Fiscal Year 2007 bill included funding for only one half year’s cost of operations in Iraq and Afghanistan, while the Fiscal Year 2008 bill includes an entire year’s funding. 

 

Major Provisions

Procurement

S. 1574includes $109.8 billion in base budget authority for procurement, which is $8.18 billion more than the President’s budget request. Additionally, the bill authorizes $36.7 billion in funds for war-related procurement, which is $12.2 billion below the requested amount. 

Mine Resistant Ambush Protected (MRAP) vehicles:S. 1574 would authorize an additional $4.1 billion in funds to fulfill all of the military services’ unfunded requirements for MRAP vehicles, which includes almost $1.9 billion for Marine Corps vehicles, over $1.5 billion for Army vehicles, $430 million for Air Force vehicles, $124 million for SOCOM vehicles, and $21 million for Navy vehicles. 

Army: S. 1574includes $32.2 billion in base budget authority for Army procurement, which is $8.4 billion above the President’s budget request and authorizes an additional $17.7 billion for Fiscal Year 2008 procurement of war-related items, which is 8.7 billion below the war-related funding request. The bill’s Army procurement provisions would: 

·Authorize an additional $2.7 billion in funds for items on the Army Chief of Staff’s Unfunded Requirements List, including $775.1 million for Stryker vehicle requirements, $207.4 million for aviation survivability equipment, $102.4 million for combat training centers, and funding for explosive ordnance disposal equipment, night vision devices, and machine guns.

·Grant the Secretary of the Army the authority to enter into multiyear contracts for the procurement of M1A2 Abrams Tank System Enhancement Package Upgrades and M2A3/M3A3 Bradley fighting vehicle upgrades.

·Provide$7.5 billion in procurement for weapons and tracked combat vehicles.

·Authorize $2.2 billion for ammunition procurement, $38.4 million above the requested amount.

·Provide $2.18 billion for missile procurement. 

Navy and Marine Corps: The bill would include the following base budget authority: $35.6 billion for Navy procurement; $2.7 billion for Marine Corps procurement; and $926.6 million for Navy and Marine Corps ammunition. Further, the bill would include an additional $9.3 billion for Fiscal Year 2008 procurement of war-related items for the Navy and Marine Corps, which is $2.9 billion below the President’s request.

 

Navy

The bill would: 

·Authorizethe construction of five warships and would authorize the Secretary of the Navy to enter into a multi-year contract for Fiscal Years 2009 to 2013 for the procurement of Virginia class submarines.

·Authorize an increase of $470 million in advance procurement authority to allow for the procurement of an additional submarine in Fiscal Year 2010.

·Reducefunding for the Littoral Combat Ship (LCS) program by $430.5 million, and require that future ships purchased under the program be competitively awarded with increased cost-control measures.

 

Marine Corps

The bill would: 

·Authorize $1.2 billion to purchase six Marine Corps Joint Strike Fighter (JSF) Aircraft.

·Reduce funding for the Marine Corps Expeditionary Fighting Vehicle by $100 million. 
 

Air Force: The bill would include $34.9 billion in base budget authority for Air Force procurement, which is $1.12 billion above the requested amount. Additionally, S. 1574 would provide $6.3 billion for Fiscal Year 2008 procurement for war-related items, which is $864.5 million below the requested amount. The bill would: 

·Prohibit the retirement of any C-130E/H tactical airlift aircraft during Fiscal Year 2008. It also would prohibit the retirement of KC-135E aircraft during Fiscal Year 2008, unless the Air Force provides congressional defense committees with a request in accordance with established procedures.

·Provide $87.7 million, which is $14 million over the President’s request, for the procurement of aircraft installation kits for the large aircraft infrared countermeasures (LAIRCM) system for C-130 aircraft. The LAIRCM system provides protection against man-portable air defense systems (MANPADS), which have been used by terrorists in Iraq and Afghanistan against military and civilian aircraft.

·Authorize $1.4 billion to purchase six Air Force Joint Strike Fighter (JSF) Aircraft.

·Authorize an additional $125 million for advanced procurement for a fourth Advanced Extremely High Frequency communications satellite and $10 million for Ultra High Frequency to reduce the risk of communications gaps.

·Authorize an additional $100 million for the Space-Based Infrared Satellite System (SBIRS) GEO-4 and $26.7 million for the SBIRS backup control station.

 

Defense-wide:Provide $3.39 billion in base budget authority for defense-wide procurement funding, which is $124 million above the President’s budget request. Additionally, the bill would include $3.38 billion in Fiscal Year 2008 procurement for defense-wide, war-related procurement, which is $67 million above the requested amount. 

Rapid Acquisition Fund: The bill wouldauthorize $100 million for the Rapid Acquisition Fund, equal to the President’s budget request. 
 

Research, Development, Test, and Evaluation (RDT&E) 

S. 1574 would include $74.67 billion in RDT&E base budget authority, which is $458 million less than the President’s budget request. The amount includes $11.3 billion for the Army, $16.3 billion for the Navy, $25.6 billion for the Air Force, $21.3 billion for Defense-Wide activities, and $180.2 million for Operational Test & Evaluation. Additionally, the bill would authorize $1.95 billion in war-related spending for RDT&E, which is $907 million below the requested amount.

 

General highlights. The bill would: 

• Fully fund the President’s budget request for $3.6 billion for the Army’s Future Combat Systems (FCS), and add $90 million to restore funding for Armed Robotic Vehicles and $25 million to accelerate the development of the FCS active protective system.
• Include a provision that would require the Secretary of Defense to obligate sufficient annual amounts to develop and procure a competitive propulsion system for the Joint Strike Fight (JSF) program. The bill would also authorize an additional $480 million for this program.
• Authorize an additional $300 million to provide increased space situational awareness capabilities to address concerns raised as a result of the recent Chinese kinetic anti-satellite weapons test.

 

Ballistic missile defense.The bill would authorize a total of $10.1 billion for ballistic missile defense, which is $231 million below the budget request for the Missile Defense Agency. Specifically, the bill would: 

• Authorize $315 million in increases to near-term, missile defense programs, including additions of $75 million to procure 25 additional PAC-3 missiles; $75 million for the Aegis Ballistic Missile Defense Program (BMD); $105 million for the Terminal High Altitude Area Defense (THAAD) system; $25 million for co-production of the Arrow missile; $10 million to study the suitability of the THAAD missile to serve as a follow-on to Israel’s Arrow system; and $25 million for accelerated joint development of a short-range ballistic missile defense (SRBMD) system for Israel.
• Decrease authorized funding requests for far-term, lower priority programs, including reductions of: $85 million for the proposed European missile defense deployment; $200 million for the Airborne Laser program; $150 million for BMD Special Programs; $50 million for BMD Systems Core; $55 million for the Space Tracking and Surveillance System; and $10 million for a space test bed.
• Include a provision that would limit the use of funds for construction and deployment activities for the proposed European missile defense deployment until certain conditions are met, primarily the approval of any negotiated bilateral agreements with the host nations.
• Include other legislative provisions on budgetary and reporting requirements, and other matters to improve oversight, transparency, and accountability.

 

Science and technology initiatives.S. 1547 authorizes $11.2 billion for the Defense Science and Technology programs, which is nearly $450 million over the President’s request. The bill would include increased funding over the President’s request for the development of advanced technologies to support current operational needs and develop new capabilities to defeat emerging threats, including: 

• Nearly $50 million on combat casualty care and military medical research, including efforts on treating blast injuries and brain trauma.
• Nearly $85 million for advanced manufacturing research and processes to reduce the production costs of weapons systems, and improve DoD’s ability to surge production of critical items, including body and vehicle armor.
• More than $70 million in research and technologies to enhance the force protection of deployed units.
• Nearly $75 million for advanced energy and power technologies, including programs to develop hybrid engines and biofuels for military systems.
• Nearly $65 million for defense-related research at U.S. universities.

 

 

Operation and Maintenance

S. 1547would authorize $143.5 billion for operations and maintenance, which is $607 million above the base budget request. The bill includes an additional $72 billion in war-related funding authority for Operation and Maintenance.

 

General highlights.The bill would: 

• Authorize an increase of $77 million for Navy aircraft depot maintenance unfunded requirements.
• Authorize an additional $15 million for Army training range modernization and improvements.
• Authorize an increase of $12 million to accelerate fielding of the Defense Readiness Reporting System (DRRS), the new military readiness reporting and management system.
• Authorize an additional $20 million to help create buffer zones around military installations to protect and enhance military training ranges.
• Include a provision to require the Director of Defense Research and Engineering, under the oversight of the Director of Operational Test and Evaluation, to conduct a comprehensive technical assessment of commercially available body armor systems that claim to meet military standards.

 

 

Military Personnel Authorizations

 

End strength.The bill would: 

• Authorize the following end strengths for active duty personnel by the end of Fiscal Year 2008: 525,400 for the Army, which is consistent with the President’s combined requested end strength in the base budget and Fiscal Year 2008 supplemental; 328,400 for the Navy, which is consistent with the President’s request and 12,300 less than Fiscal Year 2007 authorization; 189,000 for the Marine Corps, which is consistent with the President’s combined requested end strength in the base budget and Fiscal Year 2008 supplemental; and 328,600 for the Air Force, which is consistent with the President’s request and 5,600 less than Fiscal Year 2007 authorization.
   
• Authorize an end strength of 351,300 for the Army National Guard, which is equal to the President’s request. The bill also would authorize the following end strengths for selected reserve personnel by the end of Fiscal Year 2008, consistent with the President’s request: 205,000 Army Reserve, 67,800 Naval Reserve, 39,600 Marine Corps Reserve, 106,700 Air National Guard, 67,500 Air Force Reserve, and 10,000 Coast Guard Reserve.
   
• Authorize increases of full-time support end strengths, which is in line with the President’s request, for the National Guard and Reserve for Fiscal Year 2008 as follows: 1,793 additional Army National Guard, 454 in the Army Reserve, 645 Air National Guard, and 14 for the Air Force Reserve. All other components would maintain Fiscal Year 2007 levels, with the exception of the Navy Reserve, which would undergo a decrease of 985 personnel consistent with overall end strength reduction.
   
• Authorize total end strength levels through the regular budget, rather than through a combination of emergency supplemental appropriations and the regular budget.
   

Authorization of appropriations.S. 1547 would authorize a total of $135 billion in appropriations for the Department of Defense for military personnel, including costs of pay, allowances, bonuses, death benefits, and permanent change of station moves. Specifically, the bill would:

• Include $109 billion in base budget authority for military personnel, which is $3.95 billion above the President’s budget request. The increase includes a shift of funds from the supplemental budget to the base budget to fund the end strength requested, and an additional $302 million for a 3.5 percent across-the-board pay raise for all uniformed service personnel.
• Include $12.9 billion in war-related authority for military personnel, which is $4.1 billion below the requested amount due in part to the move of the end strength overstrength to the base budget.
• Include $50 million in supplemental educational aid to local school districts that are affected by the assignment or location of military families, including $35 million for supplemental Impact Aid; $5 million for educational services to severely disabled children; and an additional $10 million for districts experiencing rapid increases in the number of students due to rebasing, activation of new military units, or base realignment and closure. 

 

Military Personnel Policy

Regulation of armed contractors operating on the battlefield in Iraqand Afghanistan.The report accompanying the bill would require the Department of Defense to clarify which provisions of the Uniform Code of Military Justice will apply to armed contractors operating on the battlefield. 

Army company-grade officer retention.The report accompanying S. 1547 would call on the Secretary of the Army to review the programs and incentives in place, and consider additional opportunities to increase company-grade officer retention. The Secretary would be required to submit a report to congressional defense committees by March 1, 2008. 

Family Readiness Council.The report accompanying the bill would require the Secretary of Defense to establish a Family Readiness Council and develop a comprehensive policy and plans to improve the support for and the coordination of family readiness programs. 

Review of sexual assault policies.The bill would direct the Comptroller General to conduct a review of the policies in place within the military departments for preventing and responding to sexual assaults, including an assessment of the adequacy of mental health resources available to victims of sexual assault. 

Expanding access to mental health professionals in military units.The report accompanying S. 1547 would require the Secretary of Defense to provide an assessment of the potential value of embedding military health professionals in military units, with the interest of increasing access to mental health care and reducing the stigma associated with seeking mental health services in the military.
 

Addressing the changing role and missions of the National Guard and Reserves.S. 1547includes provisions that would: 

• Increase the grade of the Chief of the National Guard Bureau from Lieutenant General to General and expand the duties of and eligibility requirements for the position.
• Require the Secretary of Defense, in consultation with the Secretaries of the Army and Air Force and Chairmen of the Joint Chiefs of Staff, to prescribe the charter of the National Guard Bureau.
• Enhance the authority for National Guard and Reserve general and flag officers to serve on active duty.
• Authorize federal civilian employees who are in the National Guard or Reserves to continue their coverage under the Federal Employees Group Life Insurance for up to 24 months when mobilized.

 

 

Compensation and Other Personnel Benefits

3.5 percent military pay raise.Like the House-passed bill, S. 1547 would authorize a 3.5 percent across-the-board pay raise for military personnel (rather than the 3 percent requested by the President), effective January 1, 2008. This 3.5 percent pay raise was cited as one of the key objections to the House-passed bill by the Bush Administration in its formal Statement of Administration Policy on H.R. 1585. 

Bonuses and special pays.S. 1547 would authorize the payment of more than 25 types of bonuses and special pays, for encouraging recruitment and retention, including the Selected Reserve reenlistment bonus and affiliation or enlistment bonus, the Ready Reserve enlistment and reenlistment bonuses, the prior service enlistment bonus, the enlistment and reenlistment bonuses for active duty members, and the retention bonus for service members with critical military skills. 

Reserve retired pay. The bill would reduce the age at which a member of the Ready Reserve could draw retired pay by three months for every aggregate 90 days of active duty under certain mobilization authorities. 

Combat-related special compensation.S. 1547 would authorize payment of compensation to service members medically retired for a combat-related disability, which would be equal to the amount of retired pay forfeited because of the prohibition on concurrent receipt of military retired pay and VA disability compensation. 

Death gratuity.The bill includes a provision that would allow a service member to designate in writing any individual to receive the death gratuity benefit. 

Survivor Benefit Plan (SBP). S. 1547includes a provision that would allow guardians or caretakers of dependent children to receive SBP benefits. 

Citizenship requirements.The bill includes a provision that would amend the Immigration and Nationality Act to allow certain spouses and children of service members residing under orders in other countries to treat their time accompanying the service member as residence in the United States for the purpose of fulfilling citizenship requirements. 

Education benefits.The bill would authorize tuition assistance for off-duty training or education for members of the Ready Reserve and also would authorize the expansion of the education loan repayment program to members of the Selected Reserve. 

 

Health Care

S. 1574 would: 

• Authorize $24.6 billion for the defense health program, which includes a $1.9 billion adjustment by the Budget Resolution to fund TRICARE benefits in Fiscal Year 2008.
• Reject the Administration’s proposal to grant DoD the authority to increase TRICARE program cost sharing amounts for military retirees and their dependents. The Committee report identifies this proposal as “premature,” and states that an increase, if any, in TRICARE fees should not be considered until the Task Force on the Future of Military Health Care completes its comprehensive study, which was mandated by last year’s bill.
• Authorize the use of federal pricing limits for prescriptions filled through the TRICARE retail pharmacy network on or after October 1, 2007.
• Require the Secretary of Defense to continue to conduct surveys and provide assessments to improve the adequacy of civilian health care providers in delivering health care and mental health care services to TRICARE-eligible beneficiaries, including for members of the Selected Reserve.
• (The report accompanying the bill) would direct DoD to study and develop a plan to address the findings of the Army medical department’s fourth assessment of the mental health and well-being of soldiers and marines in Iraq (the Mental Health Advisory Team IV), including findings that multiple and lengthy deployments lead to higher levels of mental stress and marital problems. The report also requires DoD to report on the extent to which those findings were taken into consideration in the decision to extend the length of Army tours from 12 to 15 months.
• (The report accompanying the bill would) require the Comptroller General to conduct a study of the effectiveness of the post-deployment health reassessment of military personnel who served in Iraq and Afghanistan.
• Include a number of provisions that would authorize the use of new bonuses, increased special pays, and incentive programs to ensure that the military is able to attract and retain health care personnel. 

 

Acquisition Policy and Management

• Acquisition Workforce Development Fund. The bill includes a provision that would require the Secretary of Defense to establish an Acquisition Workforce Development Fund to ensure that DoD has the workforce capacity to properly perform its mission, ensure effective oversight of contractor performance and provide the best value of public resources.
   
• Whistleblower protections. S. 1574 would strengthen statutory protections available to contractor employees who disclose fraud, waste, and abuse on DoD contracts. This would, for the first time, grant a private right of action for contractor employees who are subject to reprisal for their efforts to protect taxpayers’ interests.
   
• Regulations for private security contractors. This legislation would require the Secretary of Defense to prescribe regulations on the selection, training, equipment, and conduct of personnel performing private security functions in an area of combat operations. 

 

Department of Defense Organization and Management

Space posture review. S. 1574would require the Secretary of Defense, in consultation with the Director of National Intelligence, to conduct a comprehensive review of the space posture of the United States. 

General Provisions

S. 1547 would: 

• Provide a fair process for reviewing the status of DoD detainees at Guantanamo Bay, Cuba. The provision would require that detainees receive legal representation, provide for legal rulings to be made by military judges, and prohibit the use of statements that are obtained through cruel and inhuman treatment of a detainee.
• Authorize Fiscal Year 2008 transfer authority to DoD for amounts up to $5 billion for transfer of funds to unforeseen higher priority needs in accordance with reprogramming procedures.
• Authorize the U.S. contribution to NATO common-funded budgets for Fiscal Year 2008, including the use of unexpended balances from previous years.
• Authorize DoD to provide counter-drug support to Mexico and the Dominican Republic.
• Authorize the creation of a National Foreign Language Coordination Council to ensure that the Administration’s current efforts to promote foreign language competency will develop into an organized and concerted effort to improve the nation’s foreign language capabilities.
• Direct the Comptroller General to review DoD programs to improve language and cultural awareness.
• Include a provision that would assign fixed-wing intra-theater airlift functions and missions to the Air Force and shifts Army aircraft and funding in Fiscal Year 2008 to the Air Force.
• Include a provision that would require the Secretary of Defense in the next Administration to conduct a new nuclear posture review.
• Include a provision that would require the director or head of any department, agency, or element of the intelligence community to respond to the Armed Services Committees within 15 days of receiving a request for information.
• Authorize an increase in the amount of rewards for assistance in combating terrorism.

 

Department of Defense Civilian Personnel Policy

S. 1547would: 

• Repeal the existing authority of DoD to establish a new labor relations system under the National Security Personnel System (NSPS), which would guarantee the rights of DoD employees to union representation in NSPS. The bill would allow DoD to continue its work to develop a new pay-for-performance system, if it is implemented in a manner that is consistent with existing federal labor relations law.
• The report accompanying the bill would require the Secretary of Defense, in consultation with the Director of the Office of Personnel Management, to report on all hiring authorities available to DoD for hiring civilian medical personnel.

 

 

Matters Relating to Other Nations

Global Peace Operations Initiative (GPOI).The bill would require the Government Accountability Office to assess the President’s GPOI, to determine to what extent the initiative has met its established goals and to make recommendations for enhancing the program. 

Stabilization assistance.S. 1547 would extend and enhance DoD’s authority to provide services or transfer funds to the State Department for police training and stabilization assistance. 

U.S.strategy in Iran.The bill would prohibit the Secretary of Defense from obligating more than 75 percent of funds available for Fiscal Year 2008 to the Office of the Under Secretary for Defense Policy until the report on U.S. policy for Iran, as required by last year’s defense authorization, is submitted to Congress.

Senior coordinator on U.S. policy toward North Korea.S. 1574would prohibit the Secretary of Defense from obligating or expending any funds authorized under the National Defense Authorization Act for Fiscal Year 2006 until the President appoints a senior coordinator on U.S. policy toward North Korea. The John Warner National Defense Authorization Act for Fiscal Year 2007 included a provision that required the President to make such an appointment by December 2006. 

Reports on U.S. policy and military operations in Afghanistan.The bill would require the President to submit to congressional defense committees regular reports on U.S.policy and military operations in Afghanistan. 

Eliminating terrorist safe havens in Pakistan.The bill would require the President to submit a report to congressional defense committees within 90 days of the bill’s enactment on the U.S.strategy for working with the government of Pakistanto prevent the movement of al Qaeda, the Taliban, and other extremist groups across the Afghanistan-Pakistan border and eliminate their safe havens in Pakistan. The provision would prohibit reimbursing Pakistanfor military support it provides to U.S. military operations unless the President certifies that the Pakistani government is making adequate efforts to eliminate safe havens in areas under its control. The bill would allow for a Presidential waiver of the provision on the basis of U.S. national security interests. 

Iraqi refugee crisis.The bill would require DoD, in coordination with the U.S. Department of State and the U.N. High Commissioner for Refugees, to report on initiatives with the government of Iraq and neighboring countries to: protect internally displaced people in Iraq; promote safe passage and resettlement of vulnerable refugees in the region; and to plan for refugee protection in the region once there has been a drawdown of U.S. forces in Iraq. 

MissingU.S.personnel.The bill would authorize the equipping and training of foreign personnel to assist in the recovery of and accounting for U.S. personnel missing from past conflicts. 

Limitation in assistance to the government of Thailand.The bill would restrict funding for Thailanduntil after the restoration of democracy to that nation, making it consistent with existing restrictions on Department of State funding.

 

Cooperative Threat Reduction 

S. 1574 would: 

·Authorize $448 million for the DoD’s Cooperative Threat Reduction (CTR) program, which is an increase of $100 million above the President’s request. This increased funding includes $25 million for strategic offensive arms elimination in Russia, $50 million for biological threat reduction, $14 million for weapons of mass destruction proliferation prevention, $10 million for new activities in states outside of the former Soviet Union, and $1 million in additional funds for Russian chemical weapons destructions initiatives.

·Authorize the Secretary of Defense to carry out CTR programs in states outside of the former Soviet Union.

·Include provisions that would repeal all required annual certifications under the program.

 

 

Other Authorizations

Chemical weapons stockpile.The bill includes a provision stating the sense of Congress that the United Statesshould make every effort to meet its legal obligation under the Chemical Weapons Convention to destroy its entire stockpile of chemical weapons by April 2012, or as soon as possible thereafter. It also would urge that DoD budget sufficient funds for this purpose. 

Chemical weapons demilitarization.The bill would authorize an increase of $36 million to restore funds that were removed from the chemical demilitarization program budget request, which would help avoid further delays in destroying theU.S.stockpile of weapons. 

Supplemental Appropriations for Iraq,Afghanistanand the Global War on Terrorism

S. 1547would authorize a total of $127.5 billion in supplemental appropriations for use in Fiscal Year 2008 for ongoing operations in Iraq, Afghanistan, and the global war on terrorism, in addition to amounts otherwise appropriated by the bill. As noted above, war-related authorities include: $72 billion for operations and maintenance accounts, including $45.5 billion for the Army account, $12.9 billion for military personnel expenses, $107.5 million for the Iraq Freedom Fund, $1.02 billion for the Defense Health Program, and $28.3 billion for procurement. This legislation would authorize $2 billion for the Iraq Security Forces Fund and $2.7 billion for the Afghanistan Security Forces Fund.

 

Other highlights include: 

·Joint Improvised Explosive Device Defeat Office (JIEDDO). S. 1547would fully fund the President’s overall request of $4.5 billion for the JIEDDO, and would require the Office to invest at least $50 million in blast injury research and over $150 million for the procurement of IED jammersfor the Army. The bill would transfer $500 million in requested base budget authority to war-related budget authority. 

·No permanent bases in Iraq.The bill would extend the prohibitions in effect during Fiscal Year 2007 against the use of funds to establish permanent bases in Iraqthrough Fiscal Year 2008. 

H.R. 1585, the House version of the Fiscal Year 2008 National Defense Authorization Act, also includes an authorization of emergency supplemental appropriations for use in ongoing operations in Iraq, Afghanistan, and the global war on terrorism. H.R. 1585 authorizes $141.8 billion, including $17.4 billion for military personnel, $72.2 billion for operations and maintenance, and $36.3 billion for procurement. 

 

Military Construction Authorizations

Military Construction and Family Housing 

S. 1547 would authorize $22.5 billion for military construction and family housing, which is $460.9 million above the President’s request, including the following amounts: 

• Army: $4.05 billion for military construction in base budget funding, which is $16.5 million above the President’s request; $1.16 billion for family housing, which is equal to the President’s request. Additionally, under Title XXIX, War-Related Construction, the bill would authorize $762.65 million in Army military construction, which is $13.8 million above the President’s request.
• Navy: $2.36 billion for military construction, which is $257 million more than the President’s request; $671.5 million for family housing, which is $1.8 million more than the President’s request. These amounts include funding requested by the President under Title XXIX, War-Related Construction, ($157.3 million for Navy military construction and $11.7 million for Navy housing construction) for projects to support the Marine Corps “Grow the Force” proposal that have been transferred to the base budget.
• Air Force:$1.05 billion for military construction, which is $134.2 million above the President’s request; $1.05 billion for family housing, which is equal to the President’s request.
• Defense agencies:$1.9 billion for military construction, which is $95.8 million above the President’s request and $48.8 million for family housing, which is equal to the President’s request.
• Family Housing Improvement Fund:$500,000 for the Fund.
• BRAC:Fully funds the nearly $8.4 billion requested to implement the results of the Defense Base Closure and Realignment (BRAC).
• Chemical Demilitarization Construction:The bill transfers the $86.2 billion included in the President’s request as a separate account to the Defense Agencies military construction account and adds $18 million to accelerate the program.
• NATO Security Investment Program:$201.4 million, which is equal to the requested amount.

 

National Guard and Reserve Facilities

S. 1547 would authorize a total of $895.3 million, which is $200 million above the President’s request, for acquisition and construction of facilities for use by the National Guard and Reserve, including the following: 

·$458.5 million for the Army National Guard.

·$134.7 million for the Army Reserve.

·$59.15 million for the Naval and Marine Corps Reserve.

·$216.4 million for the Air National Guard.

·$26.5 million for the Air Force Reserve.

 

 

Department of Energy (DOE) National Security Programs 

National Nuclear Security Administration.S. 1547 would authorize $9.5 billion for the National Nuclear Security Administration (NNSA), which is $102.9 million above the requested amount, including the following: 

• Nonproliferation: a total of $1.8 billion for defense nuclear nonproliferation activities, including the Fiscal Year 2008 war-related funding request, which is $87 million above the combined budget request.
• Weapons activities:$6.5 billion for weapons activities of the NNSA, which is $39.1 million below President Bush’s budget request.
• Naval reactors:$808.2 million in funds for Naval reactors, which is in line with the President’s request.
• Office of Administration:$399.7 million for the Office of Administration, which is $5 million above the President’s request.
• Defense environmental cleanup:$5.4 billion for defense environmental cleanup, which is $47 million above the budget request.
• Other defense activities:$663.1 million for other defense activities, which is $100.9 million below the budget request.
• Defense nuclear waste disposal: $242 million for defense nuclear waste disposal, which is $50 million below the requested amount.

 

Program Authorizations, Restrictions, and Limitations

• Reliable Replacement Warhead program. The bill would reduce the amount authorized for this program by $43 million, for a total of $195.1 million, and also would limit program activities in Fiscal Year 2008 to phase 2A and below. 

Defense Nuclear Facilities Safety Board. S. 1547would authorize $27.5 million to the Board, which is $5 million above the requested amount. 

 

Legislative History

On June 29, 2007, the Senate Select Committee on Intelligence favorably reported S. 1547, (Senate Report 110-125) with four recommended amendments. The Intelligence Committee recommended two amendments to Section 1032(a) that would amend the Detainee Treatment Act of 2005to establish requirements for procedures that govern Combatant Status Review Tribunals (CSRTs). Both amendments are viewed by the Intelligence Committee as fully consistent with the intentions of the Armed Services Committee. 

The Intelligence Committee recommended a third amendment to delete Section 1063 of the bill. This section established rules on responses to requests by the Armed Services Committees to elements of the Intelligence Community for documents or other intelligence information. In its report accompanying the bill, the Intelligence Committee asserted that any such change in procedures should be considered comprehensively and not by establishing separate standards for different committees. 

The fourth recommended amendment strikes section 1064 of S. 1547. This section repeals an existing statute that bars Defense Department employees from holding security clearances if that employee: 1) has at any time been incarcerated for more than a year for a criminal offense; 2) is currently an unlawful drug user or is addicted to a controlled substance; or 3) is mentally incompetent. 

The Senate Armed Services Committee reported S. 1547 on June 5, 2007, by voice vote. The House of Representatives passed H.R. 1585, the National Defense Authorization Act for Fiscal Year 2008, on May 17, 2007 by a vote of 397 to 27.

 

Previous Votes

On June 6, 2006, the Senate passed S. 2766, the John Warner National Defense Authorization Act for Fiscal Year 2007, by a vote of 96 to 0. On September 29, 2006, the conference report for the substitute bill, H.R. 5122, was agreed to in the House by a vote of 398 to 23. On September 30, 2006, the Senate agreed to the conference report by unanimous consent. 

On November 11, 2005, the Senate passed S. 1042, its version of the National Defense Authorization Act for Fiscal Year 2006, by a vote of 98 to 0. On December 19, 2005, the conference report for H.R. 1815, the substitute bill, was agreed to in the House by a vote of 374 to 41. On December 21, 2005, the Senate agreed to the conference report by voice vote. 

On June 23, 2004, the Senate passed S. 2400, its version of the National Defense Authorization Act for Fiscal Year 2005, by a vote of 97 to 0. On the same day, the Senate ordered that the House version of the bill, H.R. 4200, be replaced by the text of S. 2400, and then passed H.R. 4200 by Unanimous Consent. The Senate adopted the conference report to H.R. 4200 on October 9, 2004 by unanimous consent. 

On May 22, 2003, the Senate passed its version of the National Defense Authorization Act for Fiscal Year 2004, S. 1050, by a 98 to 2 vote. On June 4, 2003, the Senate then substituted the text of S.1050 into H.R. 1588, the National Defense Authorization Act for Fiscal Year 2004, previously passed by the House of Representatives, and passed H.R. 1588 by voice vote. The Senate adopted the conference report to H.R. 1588 on November 12, 2003 by a 95 to 3 vote. 

 

Statement of Administration Policy

On May 16, 2007, the Bush Administration issued a Statement of Administration Policy (SAP) for the House version of H.R. 1585,which outlined a number of “significant concerns” with the House-passed bill. This SAP can be accessed on the Office of Management and Budget’s website: (http://www.whitehouse.gov/omb/legislative/sap/110-1/hr1585sap-h.pdf). No SAP has been issued yet for the Senate version of the bill.

 

Possible Amendments

The DPC will circulate information about possible amendments as it becomes available.

DPC