Department of Defense Appropriations Act, 2008

Division A: Department of Defense Appropriations Act, 2008 - Department of Defense - Title I: Military Personnel - 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.

Title II: Operation and Maintenance - Appropriates funds for FY2008 for operation and maintenance (O&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 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.

Title III: Procurement - 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.

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

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

Title VI: Other Department of Defense Programs - 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.

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

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

(Sec. 8006) Requires a report from DOD to the defense committees to establish the baseline for application of FY2008 reprogramming and transfer authorities.

(Sec. 8010) Authorizes procurement funds to be used for a multiyear procurement contract for: (1) the Army CH-47 Chinook helicopter; (2) M1A2 Abrams system enhancement package upgrades; (3) M2A3/M3A3 Bradley upgrades; and (4) the Virginia class submarine.

(Sec. 8012) Prohibits, during FY2008, the management by end strengths of DOD civilian personnel.

(Sec. 8023) Authorizes DOD to incur obligations 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.

(Sec. 8025) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY2008 funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of cost overruns, or 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. 8026) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.

(Sec. 8029) Requires the Secretary of Defense (Secretary) to report to Congress on the amount of DOD purchases from foreign entities in FY2008.

(Sec. 8032) Authorizes the Secretary of the Air Force 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 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. 8038) Makes specified DOD O&M funds available only for the mitigation of environmental impacts on Indian lands resulting from DOD activities.

(Sec. 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. 8043) Rescinds specified funds from various accounts under prior defense appropriations Acts.

(Sec. 8048) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency (CIA) for drug interdiction or counter-drug activities.

(Sec. 8052) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in 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. 8059) Makes DOD funds available to provide transportation of medical supplies and equipment to: (1) American Samoa; and (2) the Indian Health Service in conjunction with a civil-military project.

(Sec. 8060) Prohibits funds from being used to approve or license the sale of the F-22 advanced tactical fighter to any foreign government.

(Sec. 8061) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement 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.

(Sec. 8062) Prohibits the use of appropriated funds to support a unit of the security forces of a 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. 8067) Provides for the crediting during the current fiscal year of certain refunds attributable to the use of government travel or purchase cards or refunds for travel arranged by a government-contracted travel management center.

(Sec. 8068) Prohibits appropriated funds from being used 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, until the Chief Information Officer certifies to the defense committees that the system is being developed in accordance with the Clinger-Cohen Act of 1996.

(Sec. 8070) Authorizes members of the National Guard performing full-time duty to support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8071) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.

(Sec. 8072) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain, youth, social, or fraternal nonprofit organizations.

(Sec. 8079) Authorizes the Secretary to carry out a program to distribute surplus DOD dental and medical equipment to Indian Health Service facilities and federally-qualified health centers.

(Sec. 8080) Earmarks specified RDT&E funds for producing Arrow missile components in the United States and Arrow missile components and missiles in Israel to meet Israel's defense requirements.

(Sec. 8081) Makes Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.

(Sec. 8086) Appropriates funds for a grant by the Secretary of the Army to facilitate access by veterans to opportunities for skilled employment in the construction industry.

(Sec. 8087) Appropriates funds for assistance to public schools that have unusually high concentrations of special needs military dependents enrolled.

(Sec. 8088) 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 no fewer than seven Stryker Brigade Combat Teams.

(Sec. 8089) Appropriates funds to DOD for nine specified grants by the Secretary.

(Sec. 8091) Requires the FY2009 budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.

(Sec. 8092) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8094) Prohibits the availability of funds for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.

(Sec. 8095) Requires Ready Reserve members who are called or ordered to active duty in time of national emergency to be notified of their expected mobilization period at 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.

(Sec. 8097) Reduces by $506.9 million the total amount appropriated in titles II, III, and IV of this Act, for contractor efficiencies.

(Sec. 8099) Authorizes the Secretary to present promotional materials, including a U.S. flag 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 day of national celebration.

(Sec. 8101) Earmarks funds for the operations and development of training and technology for the Joint Interagency Training and Education Center and affiliated Center for National Response at the Memorial Tunnel.

(Sec. 8104) Reduces by $1.353 billion the total amount appropriated in titles II through V of this Act, to reflect savings from revised economic assumptions.

(Sec. 8111) Directs the Secretary to create a major force program category for space for DOD's future years defense program.

(Sec. 8112) Appropriates funds to the Tanker Replacement Transfer Fund in connection with a tanker acquisition program.

(Sec. 8113) Prohibits the use of funds to: (1) establish any military installation or base for the permanent stationing of U.S. Armed Forces in Iraq; or (2) exercise U.S. control over any oil resource of Iraq.

(Sec. 8114) Prohibits the use of funds in contravention of specified laws or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

(Sec. 8116) Requires any request for funds for a fiscal year after 2008 for an ongoing military operation overseas, including operations in Afghanistan and Iraq, to be included in the annual budget of the President for that fiscal year.

(Sec. 8118) Authorizes the transfer of specified funds to the Secretary of the Interior for construction expenses at the USS ARIZONA Memorial Museum and Visitors Center.

(Sec. 8119) 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, 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 a Member (or a Senate employee making a reservation for that Member) to make more than 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. 8122) Appropriates funds for 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&M, procurement, and RDT&E appropriations for such purposes. Designates such funds as an emergency requirement.

Division B: Further Continuing Appropriations, 2008 - (Sec. 101) Amends the joint resolution making continuing appropriations for FY2008 to extend the November 16, 2007, expiration date to December 14, 2007.

(Sec. 102) 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 amount 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 Department 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 reinsurance for certain aircraft and 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.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov