II 

109TH CONGRESS 

2D SESSION S. 2507 

To authorize appropriations for fiscal year 2007 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2007, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 4, 2006 

Mr. WARNER (for himself and Mr. LEVIN) (by request) introduced the following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To authorize appropriations for fiscal year 2007 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2007, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2007’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 (a) DIVISIONS.—This Act is organized into two divi8 sions as follows: 


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1 (1) Division A—Department of Defense Au2 thorizations. 

3 (2) Division B—Military Construction Author4 izations. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Multi-Year Contract Authorizations 

Sec. 111. Multi-year procurement authority for the Army. 

Sec. 112. Multi-year procurement authority for the Navy. 

Sec. 113. Multi-year procurement authority for the Air Force. 

Subtitle C—Navy Programs 

Sec. 121. Adjustment to total cost limitation for CVN 77 procurement. 

Sec. 122. Construction of the first two next generation destroyers. 

Sec. 123. Transfer of funds for submarine engineered refueling overhauls and 

conversions or aircraft carrier refueling complex overhauls. 

Sec. 124. Deletion of requirement for 12 operational aircraft carriers. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Missile Defense Programs 

Sec. 211. Fielding of ballistic missile defense capabilities. 

Sec. 212. Certification of stability of the defense technology base. 

Subtitle C—Other Matters 

Sec. 221. Extension of DARPA’s prize authority. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 


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Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense programs. 

Subtitle B—Environmental Provisions 

Sec. 311. Environmental restoration program—funding for cooperative agreement. 

Sec. 312. Reimbursement of Environmental Protection Agency for certain costs 

in connection with Moses Lake Wellfield Superfund Site, Moses 

Lake, Washington. 

Sec. 313. Air Quality plans. 

Sec. 314. Range management. 

Sec. 315. Extending import approval authority. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Repeal of time limitation on exclusion of expenditures on contracting 

for depot-level maintenance. 

Subtitle D—Outsourcing 

Sec. 331. Temporary security-guard services for increased workloads caused by 

realignments. 

Sec. 332. Participation in security programs by charter air carriers providing 

transportation for the armed forces. 

Sec. 333. Revision and extension of temporary authority for contractor performance of security guard functions. 

Sec. 334. Exception from prohibition on contractor performance of firefighting 

functions. 

Sec. 335. Qualifications for public aircraft status of aircraft under contract 

with the Armed Forces. 

Subtitle E—Other Matters 

Sec. 341. Performance Based logistics contracts for weapons systems logistics 

support: special funding authority. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2007 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Armed Forces Retirement Home. 

TITLE V—MILITARY PERSONNEL POLICY 


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Subtitle A—Officer Personnel Policy 

Sec. 501. Discretionary separation and retirement of twice non-selected chief 

warrant officer fours. 

Subtitle B—Reserve Component Management 

Sec. 511. Authorized strengths of Navy reserve flag officers. 

Sec. 512. Expansion of Authorities for National Guard and reserve components. 

Sec. 513. Amendments to Presidential reserve call-up authority. 

Subtitle C—Education and Training 

Sec. 521. United States Military Academy and United States Air Force Academy permanent military professors to assume command positions while on periods of sabbatical. 

Sec. 522. United States Military Academy exchange program with foreign military academies. 

Sec. 523. Authority to permit members who participate in the Guaranteed Reserve Forces Duty Scholarship Program to participate in the 

Health Professions Scholarship Program and serve on active 

duty. 

Sec. 524. Junior Reserve Officers’ Training Corps instruction eligibility expansion. 

Sec. 525. Frequency of administration of service academy sexual assault survey 

and of submission of academic program year reports. 

Sec. 526. Authority to enroll dependents of foreign military and civilian members assigned to the Supreme Headquarters Allied Powers Europe. 

Subtitle D—Military Justice Matters 

Sec. 531. Air Force law enforcement. 

Subtitle E—Decorations and Awards 

Sec. 541. Authorize the purchase and presentation of medal of honor flags to 

all living medal of honor recipients and to all living primary 

next of kin for deceased medal of honor recipients. 

Subtitle F—Other Matters 

Sec. 551. Enlistment oath: who may administer. 

Sec. 552. Military status of officers serving in certain intelligence community 

positions. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Increase in general and flag officer pay cap. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. Special Pay for selected reserve health care professionals in critically 

short wartime specialties. 

Sec. 612. Increase in Special pay and bonuses for nuclear-qualified officers. 

Sec. 613. One-year extension of authorities relating to payment of other bonuses and special pays. 


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Sec. 614. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 615. One-year extension of certain bonus and special pay authorities for 

certain health care professionals. 

Sec. 616. One-year extension of certain bonus and special pays for reserve 

forces. 

Subtitle C—Retired Pay and Survivor Benefits 

Sec. 621. Extension of temporary continuation of housing allowance for dependents of members dying on active duty to spouses who are members of the uniformed services. 

Sec. 622. Prohibit court-ordered payments before retirement based on imputation of retired pay. 

Sec. 623. Reduction in Department of Defense accrual contributions into the 

Military Retirement Fund and government contributions into 

the Medicare-Eligible Retiree Health Care Fund. 

Subtitle D—Other Matters 

Sec. 631. Accrual of annual leave for members of the uniformed services performing dual employment. 

Sec. 632. Technical modification to the Department of Defense’s computer/electronic accommodations program to allow combat wounded service members. 

Sec. 633. Permanent authority to present recognition items for retention purposes. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program Improvements 

Sec. 701. TRICARE coverage for forensic examination following sexual assaults 

and domestic violence. 

Sec. 702. Increasing TRICARE program cost sharing amounts. 

Subtitle B—Other Matters 

Sec. 711. Restructuring the Dental Division of the Bureau of Medicine and 

Surgery. 

Sec. 712. Establishment of a health savings account choice pilot program for 

Department of Defense retirees and their families not eligible 

for Medicare. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Expanded use of reserve component members to perform developmental and operational testing and new equipment training. 

Sec. 802. Minimum annual purchase for civil reserve air fleet contracts. 

Sec. 803. Clarification of rapid acquisition authority to respond to combat 

emergencies. 

Sec. 804. Unified combatant command for joint warfighting experimentation: 

acquisition authority. 

Sec. 805. Quality control in procurement of ship critical safety items and related services. 


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Sec. 806. Extension of special temporary contract closeout authority. 

Sec. 807. Defense acquisition challenge program. 

Subtitle B—United States Defense Industrial Base Provisions 

Sec. 811. Repeal of the military system breakout list. 

Subtitle C—National Defense Stockpile 

Sec. 821. Revision of Limitations on required disposals of certain materials in 

National Defense Stockpile. 

Subtitle D—Other Matters 

Sec. 831. Clarification of jurisdiction of the United States district courts to 

hear bid protest disputes involving maritime contracts. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—General Department of Defense Management Matters 

Sec. 901. United States Marine Band and United States Marine Drum and 

Bugle Corps. 

Sec. 902. Elimination of duplicative voting assistance installation visits. 

Subtitle B—Space Activities 

Sec. 911. Extension of authority for pilot program for provision of space surveillance network services to non-United States government entities. 

Sec. 912. Designation of successor organizations for the disestablished Interagency Global Positioning Executive Board. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Permanent authority for defense intelligence commercial activities. 

Sec. 922. Defense Information Systems Agency. 

Sec. 923. Protection of information regarding weapons of mass destruction. 

Sec. 924. Authority for the National Security Agency to collect service charges 

for certification or validation of information assurance products. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Repeal of requirement for separate budget request for procurement 

of reserve equipment. 

Sec. 1002. Repeal of requirement for two-year budget cycle for the Department 

of Defense. 

Sec. 1003. Acceptance and retention of reimbursement from non-Federal 

sources to defray Department of Defense conference costs. 

Sec. 1004. Increased Flexibility in the use of Joint Staff exercise funds. 

Sec. 1005. Retention and use of proceeds of sales of M109 Howitzers under the 

Arms Export Control Act to procure M109-based vehicles. 

Subtitle B—Naval Vessels and Shipyards 


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Sec. 1011. Authority to request transfer to foreign nations by vessel class. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of authority to provide Department of Defense support 

for counter-drug activities of other governmental agencies. 

Sec. 1022. Use of funds for unified counterdrug and counterterrorism campaign in Colombia. 

Sec. 1023. Expansion and extension of authority to provide additional support 

for counter-drug activities. 

Sec. 1024. Department of Defense support for counter-drug activities. 

Subtitle D—Matters Related to Homeland Security 

Sec. 1031. Duties relating to defense against weapons of mass destruction. 

Sec. 1032. Repeal of certain laws pertaining to the Joint Committee for the Review of Counterproliferation Programs. 

Sec. 1033. Expansion of operations of civil support teams. 

Subtitle E—Other Matters 

Sec. 1041. Harmonizing the definition of national security system within the 

Department of Defense. 

Sec. 1042. Amendment to delegation authority for assistance in combating terrorism. 

Sec. 1043. Defense Economic Adjustment Program: research and technical assistance. 

Sec. 1044. Clarification of government standing under the Lanham Act to take 

a civil action for false designations of origin, false descriptions 

and false representations. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Permit continued application of senior executive service provisions 

for certain noncareer senior executive service members and 

chiefs of mission after appointment to non-senior executive 

service or chief of mission positions. 

Sec. 1102. Payment of full replacement value for personal property claims of 

civilians. 

Sec. 1103. Flexibility in paying annuity to Federal retirees who return to work. 

Sec. 1104. Repeal of limitation on appointment of retired members of the 

Armed Forces to position in the Department of Defense. 

Sec. 1105. Expand pool of jobs that count for credit under service agreements 

required by the National Security Education Program. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Logistic support of allied forces for combined operations. 

Sec. 1202. Change to acquisition and cross servicing agreements definition to 

allow loan of significant military equipment. 

Sec. 1203. Expansion of humanitarian and civic assistance to include developing communications and information capacity. 

Subtitle B—Reports 


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Sec. 1211. Relief of requirement to submit annual reports to Congress regarding allied contributions to the common defense. 

Subtitle C—Other Matters 

Sec. 1221. Exclusion of petroleum, oil and lubricants from the limitations on 

the amount of liabilities the United States may accrue under 

acquisition and cross-servicing agreements. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES 

OF THE FORMER SOVIET UNION 

Sec. 1301. Temporary authority to waive limitation funding for chemical weapons destruction facility in Russia. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2004 and 

2005 projects. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Family housing. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

Sec. 2405. Modification of authority to carry out certain fiscal year 2006 

project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 


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TITLE XXVI—CHEMICAL DEMILITARIZATION CONSTRUCTION 

PROGRAM 

Sec. 2601. Authorized Chemical Demilitarization construction and land acquisition projects. 

Sec. 2602. Authorization of appropriations, Chemical Demilitarization Construction. 

TITLE XXVII—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2701. Authorized Guard and Reserve construction and land acquisition 

projects. 

TITLE XXVIII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

Sec. 2801. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2802. Extension of authorizations of certain fiscal year 2004 projects. 

Sec. 2803. Extension of authorizations of certain fiscal year 2003 projects. 

TITLE XXIX—GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2901. Authority to use operation and maintenance funds for construction 

projects outside the United States. 

Sec. 2902. Pilot projects for acquisition or construction of military unaccompanied housing. 

Sec. 2903. Authorize use of operation and maintenance funds to carry out 

minor construction necessary to replace damaged or destroyed 

facilities. 

Sec. 2904. Alternative use of proceeds from the sale of military family housing 

in support of the military housing privatization initiative. 

Sec. 2905. Updating foreign currency fluctuation adjustment for military family 

housing leases in foreign countries. 

Sec. 2906. Military unaccompanied housing: local comparability of floor areas. 

Sec. 2907. Flexible financing of housing privatization initiative. 

Sec. 2908. Streamlining military construction thresholds. 

Sec. 2909. Increased lease amount for two housing units for United States Special Operations Command South. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2911. Repeal requirement to determine the availability of suitable alternative housing for acquisition in lieu of construction of new 

family housing. 

Sec. 2912. Clarification of potential recipients of planning grants. 

Sec. 2913. Consolidation of easement provisions. 

Sec. 2914. Consolidation of provisions relating to transfer of real property within the Department of Defense and to other Federal agencies. 

Sec. 2915. Extending lease terms for structures and real property relating to 

structures in foreign countries that are needed for purposes 

other than family housing. 

Sec. 2916. Preventing encroachment. 

Sec. 2917. Authority to grant restrictive easements. 


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Subtitle C—Base Closure and Realignment 

Sec. 2921. Modification of deposit requirements in connection with lease proceeds received at military installations approved for closure or 

realignment after January 1, 2005. 

Subtitle D—Other Matters 

Sec. 2931. Revitalization of Department of Defense laboratories. 

Sec. 2932. Threshold for medical facility projects. 

1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 101. ARMY. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2007 for procurement for the Army as follows: 

9 (1) For aircraft, $3,566,483,000. 

10 (2) For missiles, $1,350,898,000. 

11 (3) For weapons and tracked combat vehicles, 

12 $2,301,943,000. 

13 (4) For ammunition, $1,903,125,000. 

14 (5) For other procurement, $7,718,602,000. 

15 SEC. 102. NAVY AND MARINE CORPS. 

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 2007 for procurement for the Navy 

18 as follows: 

19 (1) For aircraft, $10,868,771,000. 

20 (2) For weapons, including missiles and tor21 pedoes, $2,555,020,000. 


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1 (3) For shipbuilding and conversion, 

2 $10,578,553,000. 

3 (4) For other procurement, $4,967,916,000. 

4 (b) MARINE CORPS.—Funds are hereby authorized to 

5 be appropriated for fiscal year 2007 for procurement for 

6 the Marine Corps in the amount of $1,273,513,000. 

7 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

8 are hereby authorized to be appropriated for fiscal year 

9 2007 for procurement of ammunition for the Navy and 

10 Marine Corps in the amount of $789,943,000. 

11 SEC. 103. AIR FORCE. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2007 for procurement for the Air Force as fol14 lows: 

15 (1) For aircraft, $11,479,810,000. 

16 (2) For ammunition, $1,072,749,000. 

17 (3) For missiles, $4,204,145,000. 

18 (4) For other procurement, $15,408,086,000. 

19 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2007 for Defense-wide procurement in the 

22 amount of $2,861,461,000. 


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1 Subtitle B—Multi-Year Contract 

2 Authorizations 

3 SEC. 111. MULTI-YEAR PROCUREMENT AUTHORITY FOR 

4 ARMY PROGRAMS. 

5 Beginning with the fiscal year 2007 program year, 

6 the Secretary of the Army may, in accordance with section 

7 2306b of title 10, United States Code, enter into multi8 year contracts for procurement of the following: 

9 (1) MH–60R Helicopters. 

10 (2) MH–60R Helicopter mission equipment. 

11 SEC. 112. MULTI-YEAR PROCUREMENT AUTHORITY FOR 

12 NAVY PROGRAM. 

13 Beginning with the fiscal year 2007 program year, 

14 the Secretary of the Navy may, in accordance with section 

15 2306b of title 10, United States Code, enter into a multi16 year contract for procurement of the V–22 Osprey. 

17 SEC. 113. MULTI-YEAR PROCUREMENT AUTHORITY FOR AIR 

18 FORCE PROGRAM. 

19 Beginning with the fiscal year 2007 program year, 

20 the Secretary of the Air Force may, in accordance with 

21 section 2306b of title 10, United States Code, enter into 

22 a multi-year contract for procurement of F–22A Fighter 

23 Aircraft. 


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1 Subtitle C—Navy Programs 

2 SEC. 121. ADJUSTMENT TO TOTAL COST LIMITATION FOR 

3 CVN 77 PROCUREMENT. 

4 Section 122(f)(1) of the National Defense Authoriza5 tion Act for Fiscal Year 1998 (Public Law 105–85; 111 

6 Stat. 1649) is amended by striking ‘‘$4,600,000,000 (such 

7 amount being the estimated cost for the procurement of 

8 the CVN–77 aircraft carrier in the March 1997 procure9 ment plan)’’ and inserting ‘‘$6,057,000,000’’. 

10 SEC. 122. CONSTRUCTION OF THE FIRST TWO NEXT GEN11 ERATION DESTROYERS. 

12 (a) FUNDING AUTHORIZED.—Of the amount author13 ized to be appropriated by section 102(a)(3) for fiscal year 

14 2007, $2,568,000,000 is available for the construction of 

15 two DD(X) Next Generation Destroyers. 

16 (b) CONTRACT AUTHORITY.—The Secretary of the 

17 Navy may enter into contracts during fiscal year 2007 to 

18 be funded in two consecutive fiscal years for the construc19 tion of two DD(X) Next Generation Destroyers, one with 

20 each of the two surface-combatant shipbuilders. 

21 (c) CONDITION FOR OUT-YEAR CONTRACT PAY22 MENTS.—A contract entered into under subsection (b) 

23 shall provide that any obligation of the United States to 

24 make a payment under the contract for any subsequent 


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1 fiscal year is subject to the availability of appropriations 

2 for that purpose for that later fiscal year. 

3 SEC. 123. TRANSFER OF FUNDS FOR SUBMARINE ENGI4 NEERED REFUELING OVERHAULS AND CON5 VERSIONS OR AIRCRAFT CARRIER REFUEL6 ING COMPLEX OVERHAULS. 

7 (a) IN GENERAL.—Chapter 633 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 7317. Obligation and expenditure of funds for sub11 marine engineered refueling overhauls 

12 and conversions or aircraft carrier re13 fueling complex overhauls 

14 ‘‘(a) AUTHORITY.—For submarine engineered refuel15 ing overhauls and conversions or aircraft carrier refueling 

16 complex overhauls financed with Shipbuilding and Conver17 sion, Navy appropriations, the Secretary of Defense may 

18 transfer such amounts as he may designate from any cur19 rently available Shipbuilding and Conversion, Navy, Other 

20 Procurement, Navy, and Operations and Maintenance, 

21 Navy appropriations to the original Shipbuilding and Con22 version, Navy account financing the project, such amounts 

23 to be merged with and to be available for the same pur24 poses and for the same time period as the appropriation 

25 to which transferred. This transfer authority is in addition 


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1 to any other transfer authority available to the Depart2 ment of Defense. 

3 ‘‘(b) LIMITATIONS.—This authority may be exercised 

4 only where the transfer of funds is required because of 

5 the discovery, during such submarine engineered refueling 

6 overhauls and conversions or aircraft carrier refueling 

7 complex overhauls, of unanticipated and emergent mainte8 nance, repair, or mission essential modernization require9 ments. Prior to the transfer of an amount of $20,000,000 

10 or more, or of any amount which, when added to all 

11 amounts previously transferred under the authority grant12 ed by this section cumulatively will exceed $20,000,000 

13 for a particular availability, the Secretary of Defense shall 

14 notify in writing the congressional defense committees of 

15 the proposed transfer and the reasons therefor. The trans16 fer then may be carried out only after the end of the 30- 

17 day period beginning on the date the notification is re18 ceived by the committees.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by adding 

21 at the end the following new item: 

‘‘7317. Obligation and expenditure of funds for submarine engineered refueling 

overhauls and conversions or aircraft carrier refueling complex 

overhauls.’’. 


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1 SEC. 124. DELETION OF REQUIREMENT FOR 12 OPER2 ATIONAL AIRCRAFT CARRIERS. 

3 Section 5062 of title 10, United States Code, is 

4 amended— 

5 (1) by striking subsection (b); and 

6 (2) by redesignating subsections (c) and (d) as 

7 subsections (b) and (c), respectively. 

8 TITLE II—RESEARCH, DEVELOP9 MENT, TEST, AND EVALUA10 TION 

11 Subtitle A—Authorization of 

12 Appropriations 

13 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2007 for the use of the Department of Defense 

16 for research, development, test, and evaluation, as follows: 

17 (1) For the Army, $10,855,559,000. 

18 (2) For the Navy, $16,912,223,000. 

19 (3) For the Air Force, $24,396,767,000. 

20 (4) For Defense-wide activities, 

21 $20,991,459,000, of which $181,520,000 is author22 ized for the Director of Operational Test and Eval23 uation. 


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1 Subtitle B—Missile Defense 

2 Programs 

3 SEC. 211. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA4 BILITIES. 

5 Upon approval by the Secretary of Defense, funds au6 thorized to be appropriated for fiscal year 2008 for re7 search, development, test, and evaluation for the Missile 

8 Defense Agency may be used for the development and 

9 fielding of ballistic missile defense capabilities. 

10 SEC. 212. CERTIFICATION OF STABILITY OF THE DEFENSE 

11 TECHNOLOGY BASE. 

12 Section 212 of the National Defense Authorization 

13 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 

14 542) is amended by striking subsection (c). 

15 Subtitle C—Other Matters 

16 SEC. 221. EXTENSION OF DARPA’S PRIZE AUTHORITY. 

17 Section 2374a(f) of title 10, United States Code, is 

18 amended by striking ‘‘September 30, 2007’’ and inserting 

19 ‘‘ September 30, 2012’’. 


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1 TITLE III—OPERATION AND 

2 MAINTENANCE 

3 Subtitle A—Authorization of 

4 Appropriations 

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2007 for the use of the Armed Forces and other 

8 activities and agencies of the Department of Defense, for 

9 expenses, not otherwise provided for, for operation and 

10 maintenance, in amounts as follows: 

11 (1) For the Army, $24,902,380,000. 

12 (2) For the Navy, $31,330,984,000. 

13 (3) For the Marine Corps, $3,878,962,000. 

14 (4) For the Air Force, $31,342,307,000. 

15 (5) For the Defense-wide activities, 

16 $20,075,656,000. 

17 (6) For the Army Reserve, $2,299,202,000. 

18 (7) For the Navy Reserve, $1,288,764,000. 

19 (8) For the Marine Corps Reserve, 

20 $211,911,000. 

21 (9) For the Air Force Reserve, $2,723,800,000. 

22 (10) For the Army National Guard, 

23 $4,838,665,000. 

24 (11) For the Air National Guard, 

25 $5,336,017,000. 


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1 (12) For the United States Court of Appeals 

2 for the Armed Forces, $11,721,000. 

3 (13) For Environmental Restoration, Army, 

4 $413,794,000. 

5 (14) For Environmental Restoration, Navy, 

6 $304,409,000. 

7 (15) For Environmental Restoration, Air Force, 

8 $423,871,000. 

9 (16) For Environmental Restoration, Defense10 wide, $18,431,000. 

11 (17) For Environmental Restoration, Formerly 

12 Used Defense Sites, $242,790,000. 

13 (18) For Overseas Humanitarian, Disaster, and 

14 Civic Aid programs, $63,204,000. 

15 (19) For Cooperative Threat Reduction pro16 grams, $372,128,000. 

17 (20) For the Overseas Contingency Operations 

18 Transfer Fund, $10,000,000. 

19 SEC. 302. WORKING CAPITAL FUNDS. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2007 for the use of the Armed Forces and other 

22 activities and agencies of the Department of Defense for 

23 providing capital for working capital and revolving funds 

24 in amounts as follows: 


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1 (1) For the Defense Working Capital Funds, 

2 $1,345,998,000. 

3 (2) For the National Defense Sealift Fund, 

4 $1,071,932,000. 

5 (3) For the Pentagon Reservation Maintenance 

6 Revolving Funds, $18,500,000. 

7 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

8 (a) DEFENSE HEALTH PROGRAM.—Funds are here9 by authorized to be appropriated for the Department of 

10 Defense for fiscal year 2007 for expenses, not otherwise 

11 provided for, for the Defense Health Program, in the 

12 amount of $21,025,121,000, of which— 

13 (1) $20,498,163,000 is for Operation and 

14 Maintenance; 

15 (2) $130,603,000 is for Research, Development, 

16 Test, and Evaluation; and 

17 (3) $396,355,000 is for Procurement. 

18 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC19 TION, DEFENSE.— 

20 (1) AUTHORIZATION OF APPROPRIATIONS.— 

21 Funds are hereby authorized to be appropriated for 

22 the Department of Defense for fiscal year 2007 for 

23 expenses, not otherwise provided for, for Chemical 

24 Agents and Munitions Destruction, in the amount of 

25 $1,277,304,000, of which— 


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1 (A) $1,046,290,000 is for Operation and 

2 Maintenance; and 

3 (B) $231,014,000 is for Research, Devel4 opment, Test, and Evaluation. 

5 (2) USE.—Amounts authorized to be appro6 priated under paragraph (1) are authorized for— 

7 (A) the destruction of lethal chemical 

8 agents and munitions in accordance with sec9 tion 1412 of the Department of Defense Au10 thorization Act, 1986 (50 U.S.C. 1521); and 

11 (B) the destruction of chemical warfare 

12 materiel of the United States that is not cov13 ered by section 1412 of such Act. 

14 (c) DRUG INTERDICTION AND COUNTER-DRUG AC15 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

16 to be appropriated for the Department of Defense for fis17 cal year 2007 for expenses, not otherwise provided for, for 

18 Drug Interdiction and Counter-Drug Activities, Defense19 wide, in the amount of $926,890,000. 

20 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

21 hereby authorized to be appropriated for the Department 

22 of Defense for fiscal year 2007 for expenses, not otherwise 

23 provided for, for the Office of the Inspector General of 

24 the Department of Defense, in the amount of 

25 $216,297,000, of which— 


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1 (1) $214,897,000 is for Operation and Mainte2 nance; and 

3 (2) $1,400,000 is for Procurement. 

4 Subtitle B—Environmental 

5 Provisions 

6 SEC. 311. ENVIRONMENTAL RESTORATION PROGRAM—

7 FUNDING FOR COOPERATIVE AGREEMENT. 

8 Section 2701(d)(2) of title 10, United States Code, 

9 is amended by adding at the end the following new sen10 tence: ‘‘This two-year limitation shall not apply to agree11 ments funded from the accounts established under sec12 tions 2906 or 2906A of the Defense Base Closure and Re13 alignment Act of 1990 (part A of title XXIX of Public 

14 Law 101–510; 10 U.S.C. 2687 note).’’. 

15 SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTEC16 TION AGENCY FOR CERTAIN COSTS IN CON17 NECTION WITH MOSES LAKE WELLFIELD 

18 SUPERFUND SITE, MOSES LAKE, WASH19 INGTON. 

20 (a) AUTHORITY TO REIMBURSE.—(1) Using funds 

21 described in subsection (b), the Secretary of Defense may 

22 transfer not more than $111,114.03 to the Moses Lake 

23 Wellfield Superfund Site 10–6J Special Account. 

24 (2) The payment under paragraph (1) is to reimburse 

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1 curred in overseeing a remedial investigation/feasibility 

2 study performed by the Department of the Army under 

3 the Defense Environmental Restoration Program at the 

4 former Larson Air Force Base, Moses Lake Superfund 

5 Site, Moses Lake, Washington. 

6 (3) The reimbursement described in paragraph (2) is 

7 provided for in the interagency agreement entered into by 

8 the Department of the Army and the Environmental Pro9 tection Agency for the Moses Lake Wellfield Superfund 

10 Site in March 1999. 

11 (b) SOURCE OF FUNDS.—Any payment under sub12 section (a) shall be made using funds authorized to be ap13 propriated by section 301(17) for operation and mainte14 nance for Environmental Restoration, Formerly Used De15 fense Sites. 

16 (c) USE OF FUNDS.—The Environmental Protection 

17 Agency shall use the amount transferred under subsection 

18 (a) to pay costs incurred by the Agency at the Moses Lake 

19 Wellfield Superfund Site. 

20 SEC. 313. AIR QUALITY PLANS. 

21 (a) CONFORMITY WITH CLEAN AIR ACT.—In any 

22 case in which the requirements of section 176(c) of the 

23 Clean Air Act would have applied to proposed military 

24 readiness activities, the Department of Defense shall not 

25 be prohibited from engaging in such activities and it shall 


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1 have up to three years, from the date such activities begin, 

2 to satisfy the requirements of that section, provided— 

3 (1) the Department of Defense has provided the 

4 State in which the proposed military readiness ac5 tivities would occur an estimate of the annual emis6 sions caused by the proposed military readiness ac7 tivities for all criteria pollutants for which the area 

8 is designated ‘‘non-attainment’’ or ‘‘maintenance’’; 

9 and 

10 (2) the State provides written concurrence with 

11 the extension of up to three years. 

12 (b) ENVIRONMENTAL PROTECTION AGENCY AP13 PROVAL.—Notwithstanding any other provisions of law, 

14 an implementation plan or plan revision required under 

15 the Clean Air Act shall be approved by the Administrator 

16 of the Environmental Protection Agency if— 

17 (1) such plan or revision meets all the require18 ments applicable to it under the Clean Air Act other 

19 than a requirement that such plan or revision dem20 onstrate attainment and maintenance of the relevant 

21 national ambient air quality standards by the attain22 ment date specified under the applicable provision of 

23 the Act, or in a regulation promulgated under such 

24 provision; and 


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1 (2) the submitting State established to the sat2 isfaction of the Administrator that the implementa3 tion plan of such State would be adequate to attain 

4 and maintain the relevant national ambient air qual5 ity standards by the attainment date specified under 

6 the applicable provision of the Act, or in a regulation 

7 promulgated under such provision, but for emissions 

8 emanating from military readiness activities not oth9 erwise meeting section 176(c) of the Act pursuant to 

10 subsection (a) of this section. 

11 (c) EFFECT ON STATE COMPLIANCE WITH OZONE

12 STANDARDS.—Notwithstanding any other provisions of 

13 law, any State that establishes to the satisfaction of the 

14 Administrator that, with respect to an ozone non-attain15 ment area in such State, such State would have attained 

16 the national ambient air quality standard for ozone by the 

17 applicable attainment date, but for emissions emanating 

18 from military readiness activities not otherwise meeting 

19 section 176(c) of the Clean Air Act pursuant to subsection 

20 (a) of this section, shall not be subject to the provisions 

21 of section 181(b)(2) and (4) or section 185 of the Act. 

22 (d) EFFECT ON STATE COMPLIANCE WITH CARBON

23 MONOXIDE STANDARDS.—Notwithstanding any other pro24 vision of law, any State that establishes to the satisfaction 

25 of the Administrator, with respect to a carbon monoxide 


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1 non-attainment area in such State, that such State has 

2 attained the national ambient air quality standard for car3 bon monoxide by the applicable attainment date, but for 

4 emissions emanating from military readiness activities not 

5 otherwise meeting section 176(c) of the Clean Air Act pur6 suant to subsection (a) of this section, shall not be subject 

7 to the provisions of section 186(b)(2) or 187(g) of the Act. 

8 (e) EFFECT ON STATE COMPLIANCE WITH PM–10 

9 STANDARDS.—Notwithstanding any other provisions of 

10 law, any State that establishes to the satisfaction of the 

11 Administrator that, with respect to a PM–10 non-attain12 ment area in such State, such State would have attained 

13 the national ambient air quality standard for PM–10 by 

14 the applicable attainment date, but for emission ema15 nating from military readiness activities not otherwise 

16 meeting section 176(c) of the Clean Air Act pursuant to 

17 subsection (a) of this section, shall not be subject to the 

18 provisions of section 188(b)(2) of the Act. 

19 (f) MILITARY READINESS ACTIVITIES.—The term 

20 ‘‘military readiness activities’’— 

21 (1) includes— 

22 (A) all training and operations of the 

23 Armed Forces that relate to combat; and 

24 (B) the adequate and realistic testing of 

25 military equipment, vehicles, weapons, and senVerDate Aug 31 2005 22:23 Apr 18, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2507.IS S2507

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1 sors for proper operation and suitability for 

2 combat use; but 

3 (2) does not include— 

4 (A) the routine operation of installation 

5 operating support functions, including but not 

6 limited to heat and electric production, adminis7 trative offices, military exchanges, com8 missaries, water treatment facilities, storage fa9 cilities, schools, housing, motor pools, laundries, 

10 morale, welfare, and recreation activities, shops, 

11 and mess halls; 

12 (B) the operation of industrial activities; or 

13 (C) the construction or demolition of facili14 ties used for a purpose described in paragraph 

15 (1). 

16 SEC. 314. RANGE MANAGEMENT. 

17 (a) DEFINITION OF SOLID WASTE.—(1) The term 

18 ‘‘solid waste’’ as used in the Solid Waste Disposal Act, 

19 as amended (42 U.S.C. 6901 et seq.), does not include— 

20 (A) military munitions, including unexploded 

21 ordnance; or 

22 (B) the constituents thereof, 

23 that are or have come to be located, incident to their nor24 mal and expected use, on an operational range, and re25 main thereon. 


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1 (2) Paragraph (1) shall not apply to— 

2 (A) military munitions, including unexploded 

3 ordnance; or 

4 (B) the constituents thereof, that— 

5 (i) are recovered, collected, and then dis6 posed of by burial or landfilling; 

7 (ii) have migrated off an operational range; 

8 (iii) come to be located off of an oper9 ational range; or 

10 (iv) remain on the range once the range 

11 ceases to be an operational range. 

12 (3) Nothing in this section affects the authority of 

13 Federal, State, interstate, or local regulatory authorities 

14 to determine when— 

15 (A) military munitions, including unexploded 

16 ordnance; or 

17 (B) the constituents thereof, 

18 become hazardous waste for purposes of the Solid Waste 

19 Disposal Act, as amended, including, but not limited to, 

20 sections 7002 and 7003 (42 U.S.C. 6972 and 6973), ex21 cept for military munitions, including unexploded ord22 nance, or the constituents thereof, that are excluded from 

23 the definition of solid waste by this subsection. 

24 (b) DEFINITION OF RELEASE.—(1) The term ‘‘re25 lease’’ as used in the Comprehensive Environmental ReVerDate Aug 31 2005 22:23 Apr 18, 2006 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2507.IS S2507

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1 sponse, Compensation, and Liability Act of 1980, as 

2 amended (42 U.S.C. 9601 et seq.), does not include the 

3 deposit or presence of any— 

4 (A) military munitions, including unexploded 

5 ordnance; or 

6 (B) the constituents thereof, 

7 that are or have come to be located, incident to their nor8 mal and expected use, on an operational range, and re9 main thereon. 

10 (2) Paragraph (1) shall not apply to— 

11 (A) military munitions, including unexploded 

12 ordnance; or 

13 (B) the constituents thereof, that— 

14 (i) migrate off an operational range; 

15 (ii) come to be located off of an operational 

16 range; or 

17 (iii) remain on the range once the range 

18 ceases to be an operational range. 

19 (3) Notwithstanding the provisions of paragraph (1), 

20 the authority of the President under section 106(a) of the 

21 Comprehensive Environmental Response, Compensation, 

22 and Liability Act of 1980, as amended (42 U.S.C. 

23 9606(a)), to take action because there may be an immi24 nent and substantial endangerment to the public health 

25 or welfare or the environment because of an actual or 


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1 threatened release of a hazardous substance includes the 

2 authority to take action because of the deposit or presence 

3 of any— 

4 (A) military munitions, including unexploded 

5 ordnance, or 

6 (B) the constituents thereof, 

7 that are or have come to be located, incident to their nor8 mal and expected use, on an operational range, and re9 main thereon. 

10 (c) DEFINITIONS.—(1) For purposes of this section, 

11 the term ‘‘constituents’’ means any materials originating 

12 from military munitions, including— 

13 (A) unexploded ordnance; 

14 (B) explosive and non-explosive materials; and 

15 (C) emission, degradation, or breakdown prod16 ucts of such munitions. 

17 (2) For purposes of this section, the terms ‘‘military 

18 munitions’’, ‘‘operational range’’, and ‘‘unexploded ord19 nance’’ have the meanings given such terms in section 

20 101(e) of title 10, United States Code. 

21 (d) CHANGE IN RANGE STATUS.—Nothing in this 

22 section affects the legal requirements applicable to— 

23 (1) military munitions, including unexploded 

24 ordnance, or 

25 (2) the constituents thereof, 


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1 that have come to be located on an operational range, once 

2 the range ceases to be an operational range. 

3 (e) CONTINUATION OF AUTHORITY.—Nothing in this 

4 section affects the authority of the Department of Defense 

5 to protect the environment, safety, and health on oper6 ational ranges. 

7 SEC. 315. EXTENDING IMPORT APPROVAL AUTHORITY. 

8 Section 6(e)(3)(B) of the Toxic Control Act (15 

9 U.S.C. 2605(e)(3)(B)) is amended by striking ‘‘one year’’ 

10 and inserting ‘‘three years’’. 

11 Subtitle C—Workplace and Depot 

12 Issues 

13 SEC. 321. REPEAL OF TIME LIMITATION ON EXCLUSION OF 

14 EXPENDITURES ON CONTRACTING FOR 

15 DEPOT-LEVEL MAINTENANCE. 

16 Section 2474(f)(1) of title 10, United States Code, 

17 is amended by striking ‘‘entered into during fiscal years 

18 2003 through 2009’’. 

19 Subtitle D—Outsourcing 

20 SEC. 331. TEMPORARY SECURITY-GUARD SERVICES FOR IN21 CREASED WORKLOADS CAUSED BY REALIGN22 MENTS. 

23 (a) IN GENERAL.—Notwithstanding section 2465 of 

24 title 10, United States Code, the Secretary of a military 

25 department may, for a period not to exceed one year at 


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1 any single installation, contract for security-guard services 

2 at installations selected for realignment under a base clo3 sure law when additional security guard personnel are re4 quired for the safe and secure relocation of— 

5 (1) military munitions and munitions related 

6 equipment; or 

7 (2) high value items in temporary storage 

8 areas. 

9 (b) DEFINITIONS.—As used in this section— 

10 (1) the term ‘‘base closure law’’ has the same 

11 meaning as provided in section 101(a)(17) of title 

12 10, United States Code; and 

13 (2) the term ‘‘military munitions’’ has the same 

14 meaning as provided in section 101(e)(4) of title 10, 

15 United States Code. 

16 (c) EXPIRATION.—The authority granted by this sec17 tion shall expire on September 15, 2011. 

18 SEC. 332. PARTICIPATION IN SECURITY PROGRAMS BY 

19 CHARTER AIR CARRIERS PROVIDING TRANS20 PORTATION FOR THE ARMED FORCES. 

21 (a) COMMERCIAL AIRCRAFT.—Section 231 of the Im22 migration and Nationality Act (8 U.S.C. 1221) is amend23 ed— 

24 (1) by redesignating subsections (i) and (j) as 

25 subsection (j) and (k), respectively; and 


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1 (2) by inserting after subsection (h) the fol2 lowing new subsection (i): 

3 ‘‘(i) EXEMPTION FOR CERTAIN AIRCRAFT.—This 

4 section does not apply to aircraft operated or owned by 

5 the armed forces, or to other aircraft when employed to 

6 provide charter transportation to the armed forces.’’. 

7 (b) CARGO.—Section 343(a)(3) of the Trade Act of 

8 2002 (Public Law 107–210; 116 Stat. 983), is amended 

9 by adding at the end the following new subparagraph: 

10 ‘‘(M) The regulations required by this sec11 tion shall exempt aircraft operated or owned by 

12 the armed forces, as well as other aircraft when 

13 employed to provide charter transportation to 

14 the armed forces.’’. 

15 (c) AIR CHARTER PROGRAM.—Section 44903(l)(2) of 

16 title 49, United States Code, is amended— 

17 (1) in subparagraph (A), by striking ‘‘members 

18 of’’; 

19 (2) by redesignating subparagraph (C) as sub20 paragraph (D); and 

21 (3) by inserting after subparagraph (B) the fol22 lowing new subparagraph (C): 

23 ‘‘(C) SECURITY OPTIONS.—The Secretary 

24 of Defense, or designee, may authorize partici25 pation in any of the programs and apply any of 


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1 the requirements of this chapter to charter op2 erations for the transportation of property or 

3 personnel for the armed forces to facilitate the 

4 security and safety of such charters. The Sec5 retary of Defense will, consistent with oper6 ational requirements and to the extent feasible, 

7 structure programs and systems to facilitate 

8 participation in programs administered by the 

9 Secretary of Homeland Security and the Sec10 retary of Transportation. The Secretary of De11 fense will participate in information sharing 

12 programs but only if he determines that partici13 pation does not diminish the ability of the Gov14 ernment to effectively carry out its duties and 

15 powers related to national defense.’’. 

16 SEC. 333. REVISION AND EXTENSION OF TEMPORARY AU17 THORITY FOR CONTRACTOR PERFORMANCE 

18 OF SECURITY-GUARD FUNCTIONS. 

19 (a) Section 332(b) of the Bob Stump National De20 fense Authorization Act for Fiscal Year 2003 (Public Law 

21 107–314; 116 Stat. 2513) is amended— 

22 (1) by striking ‘‘and’’ at the end of paragraph 

23 (1); 

24 (2) by striking the period at the end of para25 graph (2) and inserting ‘‘; or’’; and 


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1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) in the case of an installation or facility 

4 where security-guard personnel deploy in support of 

5 a contingency operation and thereby create a short6 fall of dedicated installation security-guard personnel 

7 at that installation or facility or at a supporting in8 stallation or facility, the entire scope or extent of the 

9 performance of security-guard functions by the secu10 rity-guard personnel who deploy, from no more than 

11 120 days before the deployment to no more than 

12 120 days after the completion of the deployment.’’. 

13 (b) Section 332(c) of the Bob Stump National De14 fense Authorization Act for Fiscal Year 2003 (Public Law 

15 107–314; 116 Stat. 2513–14), as amended by section 

16 324(a) of the Ronald W. Reagan National Defense Au17 thorization Act for Fiscal Year 2005 (Public Law 108– 

18 375; 118 Stat. 1846) and section 344 of the National De19 fense Authorization Act for Fiscal Year 2006 (Public Law 

20 109–163; 119 Stat. 3201), is further amended by striking 

21 ‘‘2007’’ each place it appears and inserting ‘‘2008’’. 


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1 SEC. 334. EXCEPTION FROM PROHIBITION ON CON2 TRACTOR PERFORMANCE OF FIREFIGHTING 

3 FUNCTIONS. 

4 Section 2465(b) of title 10, United States Code, is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(5) A contract for the performance of fire8 fighting functions to— 

9 ‘‘(A) fight wildland fires such as range or 

10 forest fires; and 

11 ‘‘(B) perform wildland fire management 

12 such as conducting hazardous fuels treatments 

13 to reduce wildland fire risks including pre14 scribed fire and mechanical treatments.’’. 

15 SEC. 335. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS 

16 OF AIRCRAFT UNDER CONTRACT WITH THE 

17 ARMED FORCES. 

18 (a) AMENDMENT TO DEFINITION.—Section 

19 40102(a)(41)(E) of title 49, United States Code, is 

20 amended— 

21 (1) by inserting ‘‘or an operational support 

22 service’’ after ‘‘transportation’’; and 

23 (2) by adding at the end the following new sen24 tence: ‘‘For purposes of this paragraph, ‘an oper25 ational support service’ means a mission performed 

26 by an air operator that uses fixed or rotary winged 


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1 aircraft to provide a service other than transpor2 tation.’’. 

3 (b) ARMED FORCES OPERATIONAL MISSION.—Sec4 tion 40125(c) of such title is amended— 

5 (1) in paragraph (1)(C), by inserting ‘‘or an 

6 operational support service’’ after ‘‘transportation’’; 

7 and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) COMPLIANCE OF CIVIL AIRCRAFT OPER11 ATIONS.—If the Secretary of Defense (or the Sec12 retary of the department in which the Coast Guard 

13 is operating) does not make a designation under 

14 paragraph (1)(C) with regard to a chartered air15 craft, the transportation or operational support serv16 ice provided to the armed forces by such aircraft 

17 must be in compliance with the Federal Aviation 

18 Regulations under title 14, Code of Federal Regula19 tions.’’. 

20 (c) TECHNICAL CORRECTIONS.— 

21 (1) Section 40125(b) of such title is amended 

22 by striking ‘‘40102(a)(37)’’ each place it appears 

23 and inserting ‘‘40102(a)(41)’’. 


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1 (2) Section 40125(c) of such title is amended 

2 by striking ‘‘40102(a)(37)(E)’’ each place it appears 

3 and inserting ‘‘40102(a)(41)(E)’’. 

4 Subtitle E—Other Matters 

5 SEC. 341. PERFORMANCE BASED LOGISTICS CONTRACTS 

6 FOR WEAPONS SYSTEMS LOGISTICS SUP7 PORT: SPECIAL FUNDING AUTHORITY. 

8 (a) SPECIFIC FUNDING AUTHORITY.—The Secretary 

9 of Defense may use funds made available for operation 

10 and maintenance on Performance Based Logistics con11 tracts to finance both expense and investment costs associ12 ated with the implementation of engineering changes that 

13 result in a reduction of operation and maintenance costs. 

14 (b) NOTIFICATION TO CONGRESS.—The Secretary of 

15 a military department shall notify Congress 30 days before 

16 entering into a Performance Based Logistics contract 

17 under this section that may result in using operation and 

18 maintenance funds for engineering changes. The notice 

19 shall state that— 

20 (1) the Department has performed a business 

21 case analysis; and 

22 (2) based on that analysis, there is a reasonable 

23 expectation that the proposed Performance Based 

24 Logistics contract will result in an overall reduction 

25 of operation and maintenance costs. 


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1 (c) DEFINITION.—In this section, the term ‘‘Per2 formance Based Logistics contract’’ means the acquisition 

3 of support as an integrated, affordable, performance pack4 age designed to optimize system readiness and meet per5 formance goals for a weapon system through long-term 

6 support arrangements with clear lines of authority and re7 sponsibility. Application of Performance Based Logistics 

8 may be at the system, subsystem, or major assembly level 

9 depending on program unique circumstances and appro10 priate business case analysis. 

11 TITLE IV—MILITARY 

12 PERSONNEL AUTHORIZATIONS 

13 Subtitle A—Active Forces 

14 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

15 The Armed Forces are authorized strengths for active 

16 duty personnel as of September 30, 2007, as follows: 

17 (1) The Army, 482,400. 

18 (2) The Navy, 340,700. 

19 (3) The Marine Corps, 175,000. 

20 (4) The Air Force, 334,200. 

21 Subtitle B—Reserve Forces 

22 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

23 (a) IN GENERAL.—The Armed Forces are authorized 

24 strengths for Selected Reserve personnel of the reserve 

25 components as of September 30, 2007, as follows: 


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1 (1) The Army National Guard of the United 

2 States, 350,000. 

3 (2) The Army Reserve, 200,000. 

4 (3) The Navy Reserve, 71,300. 

5 (4) The Marine Corps Reserve, 39,600. 

6 (5) The Air National Guard of the United 

7 States, 107,000. 

8 (6) The Air Force Reserve, 74,900. 

9 (7) The Coast Guard Reserve, 10,000. 

10 (b) ADJUSTMENTS.—The end strengths prescribed by 

11 subsection (a) for the Selected Reserve of any reserve com12 ponent shall be proportionately reduced by— 

13 (1) the total authorized strength of units orga14 nized to serve as units of the Selected Reserve of 

15 such component which are on active duty (other 

16 than for training) at the end of the fiscal year; and 

17 (2) the total number of individual members not 

18 in units organized to serve as units of the Selected 

19 Reserve of such component who are on active duty 

20 (other than for training or for unsatisfactory partici21 pation in training) without their consent at the end 

22 of the fiscal year. 

23 Whenever such units or such individual members are re24 leased from active duty during any fiscal year, the end 

25 strength prescribed for such fiscal year for the Selected 


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1 Reserve of such reserve component shall be increased pro2 portionately by the total authorized strengths of such 

3 units and by the total number of such individual members. 

4 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

5 DUTY IN SUPPORT OF THE RESERVES. 

6 Within the end strengths prescribed in section 

7 411(a), the reserve components of the Armed Forces are 

8 authorized, as of September 30, 2007, the following num9 ber of Reserves to be serving on full-time active duty or 

10 full-time duty, in the case of members of the National 

11 Guard, for the purpose of organizing, administering, re12 cruiting, instructing, or training the reserve components: 

13 (1) The Army National Guard of the United 

14 States, 27,441. 

15 (2) The Army Reserve, 15,416. 

16 (3) The Navy Reserve, 12,564. 

17 (4) The Marine Corps Reserve, 2,261. 

18 (5) The Air National Guard of the United 

19 States, 13,206. 

20 (6) The Air Force Reserve, 2,707. 

21 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

22 (DUAL STATUS). 

23 The minimum number of military technicians (dual 

24 status) as of the last day of fiscal year 2007 for the re25 serve components of the Army and the Air Force (notwithVerDate Aug 31 2005 22:23 Apr 18, 2006 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2507.IS S2507

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1 standing section 129 of title 10, United States Code) shall 

2 be the following: 

3 (1) For the Army Reserve, 7,912. 

4 (2) For the Army National Guard of the United 

5 States, 26,050. 

6 (3) For the Air Force Reserve, 10,124. 

7 (4) For the Air National Guard of the United 

8 States, 23,255. 

9 SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF 

10 NON-DUAL STATUS TECHNICIANS. 

11 (a) LIMITATIONS.— 

12 (1) NATIONAL GUARD.—Within the limitation 

13 provided in section 10217(c)(2) of title 10, United 

14 States Code, the number of non-dual status techni15 cians employed by the National Guard as of Sep16 tember 30, 2007, may not exceed the following: 

17 (A) For the Army National Guard of the 

18 United States, 1,600. 

19 (B) For the Air National Guard of the 

20 United States, 350. 

21 (2) ARMY RESERVE.—The number of non-dual 

22 status technicians employed by the Army Reserve as 

23 of September 30, 2007, may not exceed 595. 

24 (3) AIR FORCE RESERVE.—The number of non25 dual status technicians employed by the Air Force 


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1 Reserve as of September 30, 2007, may not exceed 

2 90. 

3 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

4 this section, the term ‘‘non-dual status technician’’ has the 

5 meaning given that term in section 10217(a) of title 10, 

6 United States Code. 

7 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU8 THORIZED TO BE ON ACTIVE DUTY FOR 

9 OPERATIONAL SUPPORT. 

10 During fiscal year 2007, the maximum number of 

11 members of the reserve components of the Armed Forces 

12 who may be serving at any time on full-time operational 

13 support duty under section 115(b) of title 10, United 

14 States Code, is the following: 

15 (1) The Army National Guard of the United 

16 States, 17,000. 

17 (2) The Army Reserve, 13,000. 

18 (3) The Navy Reserve, 6,200. 

19 (4) The Marine Corps Reserve, 3,000. 

20 (5) The Air National Guard of the United 

21 States, 16,000. 

22 (6) The Air Force Reserve, 14,000. 


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1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. ARMED FORCES RETIREMENT HOME. 

4 There is hereby authorized to be appropriated for fis5 cal year 2007 from the Armed Forces Retirement Home 

6 Trust Fund the sum of $54,846,000 for the operation of 

7 the Armed Forces Retirement Home, including the United 

8 States Soldiers’ and Airmen’s Home and the Naval Home. 

9 TITLE V—MILITARY PERSONNEL 

10 POLICY 

11 Subtitle A—Officer Personnel 

12 Policy 

13 SEC. 501. DISCRETIONARY SEPARATION AND RETIREMENT 

14 OF TWICE NON-SELECTED CHIEF WARRANT 

15 OFFICER FOURS. 

16 Section 580(a)(1) of title 10, United Stated Code, is 

17 amended— 

18 (1) by inserting ‘‘(except for a chief warrant of19 ficer in the grade of CW4)’’ after ‘‘chief warrant of20 ficer’’; and 

21 (2) by adding at the end the following new sen22 tence: ‘‘Chief warrant officers in the grade of CW4 

23 shall be retired at the discretion of the Secretary 

24 concerned.’’. 


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1 Subtitle B—Reserve Component 

2 Management 

3 SEC. 511. AUTHORIZED STRENGTHS OF NAVY RESERVE 

4 FLAG OFFICERS. 

5 Section 12004 of title 10, United States Code, is 

6 amended— 

7 (1) by amending section (c) to read as follows: 

8 ‘‘(c) The authorized strength of the Navy and Marine 

9 Corps under subsection (a) is exclusive of officers counted 

10 under section 526 of this title.’’; 

11 (2) by striking subsection (d); and 

12 (3) by redesignating subsection (e) as sub13 section (d). 

14 SEC. 512. EXPANSION OF AUTHORITIES FOR NATIONAL 

15 GUARD AND RESERVE COMPONENTS. 

16 (a) DEFINITION OF ACTIVE GUARD AND RESERVE.— 

17 Section 101(b) of title 10, United States Code, is amended 

18 by adding at the end the following new paragraph (16): 

19 ‘‘(16) The term ‘Active Guard and Reserve’ 

20 means a member of a reserve component of the 

21 armed forces on active duty pursuant to section 

22 12301(d) of this title, or a member of the Army Na23 tional Guard or Air National Guard on full-time Na24 tional Guard duty pursuant to section 502(f) of title 

25 32, performing Active Guard and Reserve duty.’’. 


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1 (b) AUTHORITY FOR ACTIVE GUARD AND RESERVE

2 DUTIES TO INCLUDE SUPPORT OF OPERATIONAL MIS3 SIONS ASSIGNED TO THE RESERVE COMPONENT AND THE

4 INSTRUCTION AND TRAINING OF ACTIVE DUTY PER5 SONNEL.—Section 12310 of such title is amended— 

6 (1) by striking subsections (a) and (b); and 

7 (2) by inserting the following new subsections 

8 (a) and (b): 

9 ‘‘(a) AUTHORITY.—The Secretary concerned may 

10 order a member of the reserve components to active duty 

11 pursuant to section 12301(d) of this title to perform Ac12 tive Guard and Reserve duty. 

13 ‘‘(b) GRADE WHEN ORDERED TO ACTIVE DUTY.— 

14 A Reserve ordered to active duty under subsection (a) 

15 shall be ordered in his reserve grade. While so serving, 

16 he continues to be eligible for promotion as a Reserve, if 

17 he is otherwise qualified.’’; 

18 (3) by redesignating subsections (c) and (d) as 

19 subsections (d) and (e), respectively; and 

20 (4) by inserting after subsection (b) the fol21 lowing new subsection (c): 

22 ‘‘(c) DUTIES.—A Reserve on active duty under sub23 section (a) may perform the following duties in addition 

24 to, and not in lieu of, his primary Active Guard and Re25 serve duties: 


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1 ‘‘(1) Supporting operations or missions as2 signed in whole or in part to the reserve compo3 nents. 

4 ‘‘(2) Supporting operations or missions per5 formed or to be performed by— 

6 ‘‘(A) a unit composed of elements from 

7 more than one component of the same armed 

8 force; or 

9 ‘‘(B) a joint forces unit that includes— 

10 ‘‘(i) one or more reserve component 

11 units; or 

12 ‘‘(ii) a member of a reserve compo13 nent whose reserve component assignment 

14 is in a position in an element of the joint 

15 forces unit. 

16 ‘‘(3) Advising the Secretary of Defense, the 

17 Secretaries of the military departments, the Joint 

18 Chiefs of Staff, and the commanders of the unified 

19 combatant command regarding reserve component 

20 matters. 

21 ‘‘(4) Instructing or training active duty mili22 tary, foreign military (under the same authorities 

23 and restrictions applicable to active duty troops), 

24 Department of Defense contractor personnel or De25 partment of Defense civilian employees.’’. 


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1 (c) DUTIES OF MILITARY TECHNICIANS.—Section 

2 10216(a) of such title is amended— 

3 (1) in paragraph (1)(C), by striking ‘‘adminis4 tration and’’ and inserting ‘‘organizing, admin5 istering, instructing, or’’; and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(3) A military technician (dual status) who is 

9 employed under section 3101 of title 5 may perform 

10 the following duties in addition to, and not in lieu 

11 of, those primary duties described in paragraph (1): 

12 ‘‘(A) Supporting operations or missions as13 signed in whole or in part to the technician’s 

14 unit; 

15 ‘‘(B) Supporting operations or missions 

16 performed or to be performed by— 

17 ‘‘(i) a unit composed of elements from 

18 more than one component of the techni19 cian’s armed force; or 

20 ‘‘(ii) a joint forces unit that in21 cludes— 

22 ‘‘(I) one or more units of the 

23 technician’s component; or 

24 ‘‘(II) a member of the techni25 cian’s component whose reserve comVerDate Aug 31 2005 22:23 Apr 18, 2006 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S2507.IS S2507

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1 ponent assignment is in a position in 

2 an element of the joint forces unit. 

3 ‘‘(C) Instructing or training active duty 

4 military, foreign military (under the same au5 thorities and restrictions applicable to active 

6 duty troops), Department of Defense contractor 

7 personnel or Department of Defense civilian 

8 employees.’’. 

9 (d) DEFINITION OF ‘‘ACTIVE GUARD AND RESERVE’’ 

10 AND ‘‘ACTIVE GUARD AND RESERVE DUTY’’.—Section 

11 101 of title 32, United States Code, is amended by adding 

12 at the end the following new paragraphs: 

13 ‘‘(20) The term ‘Active Guard and Reserve’ 

14 means a member of the Army National Guard or Air 

15 National Guard on full-time National guard duty 

16 pursuant to section 502(f) of this title, performing 

17 Active Guard and Reserve duty. 

18 ‘‘(21)(A) The term ‘Active Guard and Reserve 

19 duty’ means active duty or full-time National Guard 

20 duty performed by a member of a reserve component 

21 of the Army, Navy, Air Force, or Marine Corps, or 

22 full-time National Guard duty performed by a mem23 ber of the National Guard, pursuant to an order to 

24 active duty or full-time National Guard duty for a 

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1 pose of organizing, administering, recruiting, in2 structing, or training the reserve components. 

3 ‘‘(B) Such term does not include the following: 

4 ‘‘(i) Duty performed as a member of the 

5 Reserve Forces Policy Board provided for under 

6 section 10301 of title 10. 

7 ‘‘(ii) Duty performed as a property and fis8 cal officer under section 708 of this title. 

9 ‘‘(iii) Duty performed for the purpose of 

10 interdiction and counter-drug activities for 

11 which funds have been provided under section 

12 112 of this title. 

13 ‘‘(iv) Duty performed as a general or flag 

14 officer. 

15 ‘‘(v) Service as a State director of the Se16 lective Service System under section 10(b)(2) of 

17 the Military Selective Service Act (50 App. 

18 U.S.C. 460(b)(2)).’’. 

19 (e) AUTHORITY TO ORDER MEMBERS TO ACTIVE

20 GUARD AND RESERVE DUTY.—(1) Chapter 3 of such title 

21 is amended by adding at the end the following new section: 

22 ‘‘§ 328. Active guard and reserve duty 

23 ‘‘(a) AUTHORITY.—The Governor of his State or Ter24 ritory or Puerto Rico, or the commanding general of the 

25 District of Columbia National Guard, as the case may be, 


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1 with the consent of the Secretary concerned, may order 

2 a member of the National Guard to perform Active Guard 

3 and Reserve duty pursuant to section 502(f) of this title. 

4 ‘‘(b) DUTIES.—A member of the National Guard per5 forming duty under subsection (a) may perform the fol6 lowing duties in addition to, and not in lieu of, his primary 

7 Active Guard and Reserve duties: 

8 ‘‘(1) Support of operations or missions under9 taken by the member’s unit at the request of the 

10 President or the Secretary of Defense. 

11 ‘‘(2) Support of Federal training operations or 

12 Federal training missions assigned in whole or in 

13 part to the member’s unit. 

14 ‘‘(3) Instructing or training active duty mili15 tary, foreign military (under the same authorities 

16 and restrictions applicable to active duty troops), 

17 Department of Defense contractor personnel or De18 partment of Defense civilian employees.’’; and 

19 (2) The table of sections at the beginning of such 

20 chapter is amended by adding at the end the following 

21 new item: 

‘‘328. Active guard and reserve duty.’’. 

22 (f) AUTHORITY FOR NATIONAL GUARD DUTIES TO

23 INCLUDE SUPPORT OF CERTAIN OPERATIONS AND MIS24 SIONS.—Section 502(f) of such title is amended by strikVerDate Aug 31 2005 22:23 Apr 18, 2006 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S2507.IS S2507

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1 ing ‘‘subsection (a).’’ and inserting ‘‘subsection (a), which 

2 may include— 

3 ‘‘(A) support of operations or missions un4 dertaken by the members’ unit at the request of 

5 the President or Secretary of Defense; and 

6 ‘‘(B) support of Federal training oper7 ations or Federal training missions assigned in 

8 whole or in part to the National Guard.’’. 

9 (g) EXPANSION OF DUTIES OF TECHNICIANS.—Sec10 tion 709(a) of such title is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘administration and’’ and 

13 inserting ‘‘organizing, administering, instruct14 ing, or’’; and 

15 (B) by striking ‘‘and’’ at the end of such 

16 paragraph; 

17 (2) by striking the period at the end of para18 graph (2) and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) the performance of the following duties in 

22 addition to, and not in lieu of, those duties described 

23 by paragraphs (1) and (2): 


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1 ‘‘(A) Support of operations or missions un2 dertaken by the technician’s unit at the request 

3 of the President or the Secretary of Defense. 

4 ‘‘(B) Support of Federal training oper5 ations or Federal training missions assigned in 

6 whole or in part to the technician’s unit. 

7 ‘‘(C) Instructing or training active duty 

8 military, foreign military (under the same au9 thorities and restrictions applicable to active 

10 duty troops), Department of Defense contractor 

11 personnel or Department of Defense civilian 

12 employees.’’. 

13 (h) NATIONAL GUARD OFFICERS AUTHORITY TO

14 COMMAND.—Section 325 of such title is amended— 

15 (1) in subsection (a)(2), by striking ‘‘in com16 mand of a National Guard unit’’; 

17 (2) by redesignating subsection (b) as sub18 section (c); and 

19 (3) by inserting after subsection (a) the fol20 lowing new subsection (b): 

21 ‘‘(b) ADVANCE AUTHORIZATION AND CONSENT.— 

22 The President and Governor of the State or Territory or 

23 Puerto Rico, or the commanding general of the District 

24 of Columbia National Guard, as the case may be, respec25 tively, may give the authorization and consent required by 


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1 subsection (a)(2), in advance, for the purpose of estab2 lishing the succession of command of a unit.’’; and 

3 (4) by adding at the end the following new sub4 section: 

5 ‘‘(d) NATIONAL GUARD DUTIES.—An officer who is 

6 not relieved from duty in the National Guard while serving 

7 on active duty pursuant to subsection (a)(2) may perform 

8 any duty authorized to be performed by the laws of his 

9 State or Territory, Puerto Rico, or the District of Colum10 bia, as the case may be, to be performed by the National 

11 Guard without regard to the limitations imposed by sec12 tion 1385 of title 18.’’. 

13 SEC. 513. AMENDMENTS TO PRESIDENTIAL RESERVE CALL14 UP AUTHORITY. 

15 Section 12304 of title 10, United States Code, is 

16 amended— 

17 (1) in subsection (a), by striking ‘‘270’’ and in18 serting ‘‘365’’; 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘or’’ at the end of para21 graph (1); 

22 (B) by striking the period at the end of 

23 paragraph (2) and inserting ‘‘; or’’; and 

24 (C) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(3) a serious natural or manmade disaster, ac2 cident, or catastrophe.’’; 

3 (3) in subsection (c)(1)— 

4 (A) by striking ‘‘or,’’ and inserting a 

5 comma; and 

6 (B) by striking ‘‘, to’’ and all that follows 

7 through the end and inserting a period; 

8 (4) by redesignating subsection (i) as subsection 

9 (j); and 

10 (5) by inserting after subsection (h) the fol11 lowing new subsection (i): 

12 ‘‘(i) FAIR TREATMENT.—(1) In determining which 

13 members in the Selected Reserve and Individual Ready 

14 Reserve will be recalled to duty without their consent, ap15 propriate consideration shall be given to— 

16 ‘‘(A) the length and nature of previous service, 

17 to assure such sharing of exposure to hazards as the 

18 national security and military requirements will rea19 sonably allow; 

20 ‘‘(B) family responsibilities; and 

21 ‘‘(C) employment necessary to maintain the na22 tional health, safety, or interest. 

23 ‘‘(2) The Secretary of Defense shall prescribe such 

24 policies and procedures as he considers necessary to carry 

25 out this subsection.’’. 


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1 Subtitle C—Education and 

2 Training 

3 SEC. 521. UNITED STATES MILITARY ACADEMY AND UNITED 

4 STATES AIR FORCE ACADEMY PERMANENT 

5 MILITARY PROFESSORS TO ASSUME COM6 MAND POSITIONS WHILE ON PERIODS OF 

7 SABBATICAL. 

8 (a) UNITED STATES MILITARY ACADEMY.—Section 

9 4334(d) of title 10, United States Code, is amended— 

10 (1) by striking ‘‘permanent professors and the’’; 

11 (2) by striking ‘‘exercise’’ and inserting ‘‘exer12 cises’’; and 

13 (3) by adding at the end the following new sen14 tence: ‘‘At the discretion of the Secretary of the 

15 Army, the permanent professors may exercise com16 mand in the academic department of the Academy 

17 or within Army units assigned.’’. 

18 (b) UNITED STATES AIR FORCE ACADEMY.—Section 

19 9334(b) of such title is amended— 

20 (1) by striking ‘‘permanent professors and the’’; 

21 (2) by striking ‘‘exercise’’ and inserting ‘‘exer22 cises’’; and 

23 (3) by adding at the end the following new sen24 tence: ‘‘At the discretion of the Secretary of the Air 

25 Force, the permanent professors may exercise comVerDate Aug 31 2005 22:23 Apr 18, 2006 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S2507.IS S2507

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1 mand in the academic department of the Academy 

2 or within Air Force units assigned.’’. 

3 SEC. 522. UNITED STATES MILITARY ACADEMY EXCHANGE 

4 PROGRAM WITH FOREIGN MILITARY ACAD5 EMIES. 

6 Section 4345 of title 10, United States Code, is 

7 amended— 

8 (1) in subsection (b), by striking ‘‘24’’ and in9 serting ‘‘100’’; and 

10 (2) in subsection (c)(3), by striking ‘‘for the 

11 Academy’’ and all that follows through the period at 

12 the end of the second sentence and inserting ‘‘for 

13 the Academy and additional funds provided to the 

14 Academy by the Department of Defense to support 

15 cultural immersion, regional awareness, or foreign 

16 language training initiatives. Expenditures from 

17 funds appropriated for the Academy in support of 

18 the exchange program may not exceed $1,000,000 

19 during any fiscal year.’’. 


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1 SEC. 523. AUTHORITY TO PERMIT MEMBERS WHO PARTICI2 PATE IN THE GUARANTEED RESERVE 

3 FORCES DUTY SCHOLARSHIP PROGRAM TO 

4 PARTICIPATE IN THE HEALTH PROFESSIONS 

5 SCHOLARSHIP PROGRAM AND SERVE ON AC6 TIVE DUTY. 

7 Paragraph (3) of section 2107a(b) of title 10, United 

8 States Code, is amended— 

9 (1) by striking ‘‘the Secretary may’’ and insert10 ing ‘‘or a cadet or former cadet under this section 

11 who signs an agreement under section 2122 of this 

12 title, the Secretary may’’; 

13 (2) by striking ‘‘consent of the cadet con14 cerned’’ and inserting ‘‘consent of the cadet, or 

15 former cadet, concerned’’; and 

16 (3) by striking ‘‘submitted by the cadet’’ and 

17 inserting ‘‘submitted by the cadet, or former cadet,’’. 

18 SEC. 524. JUNIOR RESERVE OFFICERS’ TRAINING CORPS 

19 INSTRUCTION ELIGIBILITY EXPANSION. 

20 Section 2031 of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (d)(1), by inserting ‘‘who are 

23 drawing retired or retainer pay,’’ after ‘‘Fleet Ma24 rine Corps Reserve,’’; and 

25 (2) by adding at the end the following new sub26 section (e): 


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1 ‘‘(e) Instead of, or in addition to, the detailing of ac2 tive duty officers and non-commissioned officers under 

3 subsection (c)(1), and the employment of retired officers 

4 and non-commissioned officers and members of the Fleet 

5 Reserve or Fleet Marine Corps Reserve under subsection 

6 (d), the Secretary of the military department concerned 

7 may authorize qualified institutions to employ as adminis8 trators and instructors in the program, retired officers and 

9 non-commissioned officers who qualify for retired pay for 

10 non-regular service under the provisions of section 12731 

11 (except those who qualify for age as defined in section 

12 12731(a)(1)), whose qualifications are approved by the 

13 Secretary and the institution concerned and who request 

14 such employment, subject to the following: 

15 ‘‘(1) The compensation package for officers and 

16 non-commissioned officers employed under this sub17 section shall not be coupled with either active duty 

18 pay or retired pay, but instead shall be at a rate 

19 contracted individually and determined by the Sec20 retary of the military department concerned. The 

21 Secretary may pay the institution an amount the 

22 Secretary determined to be appropriate, but the 

23 amount may not be more than the amount that 

24 would be paid on behalf of an equivalent retiree or 

25 member of the Fleet Reserve or Fleet Marine Corps 


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1 Reserve under the provisions of subsection (d)(1). 

2 The Secretary may continue to pay individuals em3 ployed under this subsection pre-determined com4 pensation packages, even after they reach the age of 

5 60. Payments by the Secretary concerned under this 

6 paragraph shall be made from funds appropriated 

7 for that purpose. 

8 ‘‘(2) Notwithstanding any other provision of 

9 law, such a retired member is not, while so em10 ployed, considered to be on active duty or inactive 

11 duty training for any purpose.’’. 

12 SEC. 525. FREQUENCY OF ADMINISTRATION OF SERVICE 

13 ACADEMY SEXUAL ASSAULT SURVEY AND OF 

14 SUBMISSION OF ACADEMIC PROGRAM YEAR 

15 REPORTS. 

16 (a) IN GENERAL.—(1) Subsection (b) of section 527 

17 of the National Defense Authorization Act for Fiscal Year 

18 2004 (Public Law 108–136; 117 Stat. 1469) is amend19 ed— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘an assessment during each 

22 academy program year’’ and inserting ‘‘a De23 partment of Defense-administered assessment 

24 during each academy program year designated 

25 in this subsection’’; and 


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1 (ii) by striking ‘‘conduct’’ and inserting 

2 ‘‘host’’; and 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘2007, and 2008’’ and in5 serting ‘‘2008 and 2010’’; and 

6 (ii) by striking ‘‘conduct’’ and inserting 

7 ‘‘host’’. 

8 (2) Subsection (c) of such section is amended— 

9 (A) by striking ‘‘annual’’ each place it appears; 

10 (B) in paragraph (1), by striking ‘‘2007, and 

11 2008’’ and inserting ‘‘2008 and 2010’’; and 

12 (C) in paragraph (2)(D), by inserting ‘‘des13 ignated’’ after ‘‘subsequent’’. 

14 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

15 (1) Such section is further amended— 

16 (A) by striking ‘‘sexual harassment and vio17 lence’’ each place it appears and inserting ‘‘sexual 

18 harassment and sexual violence’’; 

19 (B) by striking ‘‘academy personnel’’ each place 

20 it appears and inserting ‘‘cadets and/or mid21 shipmen’’; 

22 (C) by inserting ‘‘SEXUAL’’ after ‘‘HAR23 ASSMENT’’ in the heading for such section; 

24 (D) by inserting ‘‘SEXUAL’’ after ‘‘HARASS25 MENT’’ in the heading for subsection (a); 


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1 (E) by striking ‘‘ANNUAL’’ and inserting 

2 ‘‘ACADEMY PROGRAM YEAR’’ in the heading for sub3 section (b); and 

4 (F) by striking ‘‘ANNUAL’’ and inserting 

5 ‘‘ACADEMY PROGRAM YEAR’’ in the heading for sub6 section (c). 

7 (2) The item relating to such section in the table of 

8 contents in section 2(b) of such Act is amended to read 

9 as follows: 

‘‘Sec. 527. Actions to address sexual harassment and sexual violence at the 

service academies.’’. 

10 SEC. 526. AUTHORITY TO ENROLL DEPENDENTS OF FOR11 EIGN MILITARY AND CIVILIAN MEMBERS AS12 SIGNED TO THE SUPREME HEADQUARTERS 

13 ALLIED POWERS EUROPE. 

14 Section 1407 of the Defense Dependents’ Education 

15 Act of 1978 (20 U.S.C. 926), is amended by adding at 

16 the end the following new subsection: 

17 ‘‘(e) AUTHORITY TO ENROLL DEPENDENTS OF FOR18 EIGN MILITARY MEMBERS ASSIGNED TO THE SUPREME

19 HEADQUARTERS ALLIED POWERS EUROPE.—(1) The 

20 Secretary of Defense may enroll a dependent of a foreign 

21 military member assigned to the Supreme Headquarters 

22 Allied Powers Europe (SHAPE) in the Department of De23 fense dependents’ education system in Mons, Belgium, on 

24 a space-required, tuition-free basis. 


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1 ‘‘(2) The Secretary of Defense shall prescribe by reg2 ulation a methodology based on the estimated total enroll3 ment of Department of Defense dependents in the Depart4 ment of Defense dependents’ education system in Mons, 

5 Belgium to determine the number of dependents of foreign 

6 military members the Secretary may enroll under sub7 section (a). 

8 ‘‘(3) Notwithstanding section 1404 of this Act, if the 

9 number of dependents of foreign military members as10 signed to SHAPE who seek enrollment in the Department 

11 of Defense dependents’ education system in Mons, Bel12 gium exceeds the number of dependents determined by the 

13 Secretary of Defense under subsection (b) to be eligible 

14 for enrollment on a space-required, tuition-free basis, then 

15 the Secretary may enroll such students on a space-avail16 able, tuition-free basis.’’. 

17 Subtitle D—Military Justice 

18 Matters 

19 SEC. 531. AIR FORCE LAW ENFORCEMENT. 

20 (a) AIR FORCE LAW ENFORCEMENT.—Part I of sub21 title D of title 10, United States Code, is amended by add22 ing at the end the following new chapter: 

23 ‘‘CHAPTER 820—LAW ENFORCEMENT 

‘‘Sec. 

‘‘8150. Air Force Office of Special Investigations. 

‘‘8151. Credentials and badges. 

‘‘8152. Air Force law enforcement officers. 


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‘‘8153. Enforcement authority. 

‘‘8154. Integration with other authorities. 

1 ‘‘§ 8150. Air Force Office of Special Investigations 

2 ‘‘(a) ESTABLISHMENT.—Subject to section 8011 of 

3 this title, there shall be an Air Force Office of Special 

4 Investigations within the Department of the Air Force, or5 ganized in such manner as the Secretary of the Air Force 

6 shall direct. 

7 ‘‘(b) INVESTIGATIVE AUTHORITY.—The Air Force 

8 Office of Special Investigations shall, under regulations 

9 prescribed by the Secretary of the Air Force, initiate and 

10 conduct criminal investigations into matters involving the 

11 Department of the Air Force. The Air Force Office of Spe12 cial Investigations, subject to the provisions of this title 

13 and as otherwise allowed by law, may perform such other 

14 functions of, or assigned to, the Department of the Air 

15 Force as the Secretary directs. 

16 ‘‘§ 8151. Credentials and badges 

17 ‘‘The Commander of the Air Force Office of Special 

18 Investigations shall provide for the issuance and revoca19 tion, including retrieval, of such credentials and badges 

20 to its personnel as are necessary to provide for effective 

21 identification of its personnel. 


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1 ‘‘§ 8152. Air Force law enforcement officers 

2 ‘‘(a) DESIGNATION OF SPECIAL AGENTS.—Special 

3 agents of the Air Force Office of Special Investigations 

4 are law enforcement officers for purposes of this chapter. 

5 ‘‘(b) DESIGNATION OF ADDITIONAL PERSONNEL.— 

6 The Secretary of the Air Force may designate such addi7 tional personnel of the Air Force, whether military or civil8 ian, as law enforcement officers for purposes of this chap9 ter, when such personnel are primarily engaged in law en10 forcement functions. Except as provided in section 8154 

11 of this title, the powers granted by paragraphs (2) and 

12 (3) of section 8153(a) of this title shall only be exercised 

13 by such additional designated personnel when the Sec14 retary of Defense and the Attorney General approve the 

15 application to them of the guidelines provided for in sec16 tion 8153(c)(2) of this title. 

17 ‘‘§ 8153. Enforcement authority 

18 ‘‘(a) OFFICER AUTHORITY.—Any person who is a law 

19 enforcement officer in accordance with section 8152 of 

20 this title, without regard to whether the officer is a civilian 

21 or a military member, may— 

22 ‘‘(1) carry firearms; 

23 ‘‘(2) execute and serve any warrant or other 

24 processes issued under the authority of the United 

25 States; and 

26 ‘‘(3) make arrests without warrant for— 


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1 ‘‘(A) any offense against the United States 

2 committed in the presence of such officer; or 

3 ‘‘(B) any felony offense against the United 

4 States if such officer has probable cause to be5 lieve that the person to be arrested has com6 mitted or is committing that felony offense. 

7 ‘‘(b) DISPOSITION OF PERSONS ARRESTED.—Any 

8 person not subject to chapter 47 of this title (the Uniform 

9 Code of Military Justice) who is arrested pursuant to au10 thority exercised under subsection (a) shall, as soon as is 

11 reasonably practicable, be turned over to the appropriate 

12 civilian Federal, State, or local authorities for custody and 

13 prosecution. 

14 ‘‘(c) LIMITATIONS.—The powers granted by para15 graphs (2) and (3) of subsection (a) shall be exercised 

16 only— 

17 ‘‘(1) on, or when in hot pursuit from, a military 

18 installation or facility under the jurisdiction, cus19 tody, or control of the Secretary or an installation 

20 or facility provided Air Force law enforcement sup21 port pursuant to direction of the Secretary of De22 fense; and 

23 ‘‘(2) in accordance with guidelines prescribed by 

24 the Secretary of the Air Force and approved by the 

25 Secretary of Defense and the Attorney General. 


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1 ‘‘§ 8154. Integration with other authorities 

2 ‘‘Nothing in this chapter may be construed to limit 

3 or expand authority contained in chapter 212 of title 18.’’. 

4 (b) CONFORMING AMENDMENT.—Section 1223 of the 

5 Department of Defense Authorization, 1986 (Public Law 

6 99–145; 99 Stat. 728), is amended by striking the second 

7 sentence. 

8 (c) CLERICAL AMENDMENT.—The table of chapters 

9 for part I of title 10, United States Code, is amended by 

10 adding at the end the following new item: 

‘‘820. Law Enforcement .......................................................................... 8150.’’. 

11 Subtitle E—Decorations and 

12 Awards 

13 SEC. 541. AUTHORIZE THE PURCHASE AND PRESENTATION 

14 OF MEDAL OF HONOR FLAGS TO ALL LIVING 

15 MEDAL OF HONOR RECIPIENTS AND TO ALL 

16 LIVING PRIMARY NEXT OF KIN FOR DE17 CEASED MEDAL OF HONOR RECIPIENTS. 

18 (a) ARMY.—Section 3755 of title 10, United States 

19 Code, is amended by striking ‘‘after October 23, 2002’’ 

20 and all that follows and inserting ‘‘or, if deceased, to the 

21 surviving primary next of kin. Such presentation shall be 

22 made as expeditiously as possible after the date of the des23 ignation of the Medal of Honor Flag by the Secretary of 

24 Defense under section 903 of title 36. For purposes of 

25 this section, the term ‘primary next of kin’ means, in deVerDate Aug 31 2005 22:23 Apr 18, 2006 Jkt 049200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S2507.IS S2507

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1 scending order, the surviving spouse, son or daughter, par2 ents (mother, father, stepmother, stepfather, mother 

3 through adoption, father through adoption, and foster par4 ents who stood in loco parentis), brother, sister, half 

5 brother and half sister of the deceased veteran as deter6 mined by applicable State law.’’. 

7 (b) NAVY.—Section 6257 of such title is amended by 

8 striking ‘‘after October 23, 2002’’ and all that follows and 

9 inserting ‘‘or, if deceased, to the surviving primary next 

10 of kin. Such presentation shall be made as expeditiously 

11 as possible after the date of the designation of the Medal 

12 of Honor Flag by the Secretary of Defense under section 

13 903 of title 36. For purposes of this section, the term ‘pri14 mary next of kin’ means, in descending order, the sur15 viving spouse, son or daughter, parents (mother, father, 

16 stepmother, stepfather, mother through adoption, father 

17 through adoption, and foster parents who stood in loco 

18 parentis), brother, sister, half brother and half sister of 

19 the deceased veteran as determined by applicable State 

20 law.’’. 

21 (c) AIR FORCE.—Section 8755 of such title is amend22 ed by striking ‘‘after October 23, 2002’’ and all that fol23 lows and inserting ‘‘or, if deceased, to the surviving pri24 mary next of kin. Such presentation shall be made as expe25 ditiously as possible after the date of the designation of 


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1 the Medal of Honor Flag by the Secretary of Defense 

2 under section 903 of title 36. For purposes of this section, 

3 the term ‘primary next of kin’ means, in descending order, 

4 the surviving spouse, son or daughter, parents (mother, 

5 father, stepmother, stepfather, mother through adoption, 

6 father through adoption, and foster parents who stood in 

7 loco parentis), brother, sister, half brother and half sister 

8 of the deceased veteran as determined by applicable State 

9 law.’’. 

10 (d) COAST GUARD.—Section 505 of title 14, United 

11 States Code, is amended by striking ‘‘after October 23, 

12 2002’’ and all that follows and inserting ‘‘or, if deceased, 

13 to the surviving primary next of kin. Such presentation 

14 shall be made as expeditiously as possible after the date 

15 of the designation of the Medal of Honor Flag by the Sec16 retary of Defense under section 903 of title 36. For pur17 poses of this section, the term ‘primary next of kin’ means, 

18 in descending order, the surviving spouse, son or daughter, 

19 parents (mother, father, stepmother, stepfather, mother 

20 through adoption, father through adoption, and foster par21 ents who stood in loco parentis), brother, sister, half 

22 brother and half sister of the deceased veteran as deter23 mined by applicable State law.’’. 


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1 Subtitle F—Other Matters 

2 SEC. 551. ENLISTMENT OATH: WHO MAY ADMINISTER. 

3 (a) ENLISTMENT OATH: WHO MAY ADMINISTER.— 

4 Section 502 of title 10, United States Code, is amended 

5 by striking ‘‘This oath may be taken before any commis6 sioned officer of any armed force.’’ and inserting ‘‘This 

7 oath may be taken before the President of the United 

8 States of America, Vice-President, Secretary of Defense, 

9 any commissioned officer or other person designated under 

10 regulations prescribed by the Secretary of Defense.’’. 

11 (b) ADMINISTRATION OF OATH.—Section 1031 of 

12 such title is amended by striking ‘‘Any commissioned offi13 cer of any component of an armed force, whether or not 

14 on active duty, may administer any oath’’ and inserting 

15 ‘‘The President of the United States of America, Vice16 President, Secretary of Defense, any commissioned officer, 

17 or other person designated under regulations prescribed 

18 by the Secretary of Defense, may administer any oath’’. 

19 SEC. 552. MILITARY STATUS OF OFFICERS SERVING IN CER20 TAIN INTELLIGENCE COMMUNITY POSITIONS. 

21 Section 528 of title 10, United States Code, is 

22 amended by adding at the end the following new sub23 sections: 

24 ‘‘(e) MILITARY STATUS.—Officers of the armed 

25 forces, while serving in positions covered by this section— 


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1 ‘‘(1) shall not be subject to supervision or con2 trol by the Secretary of Defense or by any officer or 

3 employee of the Department of Defense, except as 

4 directed by the Secretary of Defense or his designee 

5 concerning reassignment from such position; and 

6 ‘‘(2) shall not exercise, by reason of the officer’s 

7 status as an officer, any supervision or control with 

8 respect to any of the military or civilian personnel 

9 of the Department of Defense except as otherwise 

10 authorized by law. 

11 ‘‘(f) EFFECT OF APPOINTMENT.—Except as provided 

12 in subsection (e), the appointment of an officer of the 

13 armed forces to a position covered by this section shall 

14 not affect the status, position, rank, or grade of such offi15 cer in the armed forces, or any emolument, perquisite, 

16 right, privilege, or benefit incident to or arising out of such 

17 status, position, rank, or grade. 

18 ‘‘(g) MILITARY PAY AND ALLOWANCES.—An officer 

19 of the armed forces on active duty who is appointed to 

20 a position covered by this section shall, while serving in 

21 such position and while remaining on active duty, continue 

22 to receive military pay and allowances and shall not receive 

23 the pay prescribed for such position. Funds from which 

24 such pay and allowances are paid shall be reimbursed from 

25 funds available to the Director of the Central Intelligence 


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1 Agency (for positions within the Central Intelligence 

2 Agency), or from funds available to the Director of Na3 tional Intelligence (for positions within the Office of the 

4 Director of National Intelligence).’’. 

5 TITLE VI—COMPENSATION AND 

6 OTHER PERSONNEL BENEFITS 

7 Subtitle A—Pay and Allowances 

8 SEC. 601. INCREASE IN GENERAL AND FLAG OFFICER PAY 

9 CAP. 

10 Section 203(a)(2) of title 37, United States Code, is 

11 amended by striking ‘‘level III’’ and inserting ‘‘level II’’. 

12 Subtitle B—Bonuses and Special 

13 and Incentive Pays 

14 SEC. 611. SPECIAL PAY FOR SELECTED RESERVE HEALTH 

15 CARE PROFESSIONALS IN CRITICALLY SHORT 

16 WARTIME SPECIALTIES. 

17 Subsection (a) of section 302g of title 37, United 

18 States Code, is amended by striking ‘‘$10,000’’ and in19 serting ‘‘$25,000’’. 

20 SEC. 612. INCREASE IN SPECIAL PAY AND BONUSES FOR 

21 NUCLEAR-QUALIFIED OFFICERS. 

22 Section 312b(a)(1) of title 37, United States Code, 

23 is amended by striking ‘‘$20,000’’ and inserting 

24 ‘‘$30,000’’. 


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1 SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES RELAT2 ING TO PAYMENT OF OTHER BONUSES AND 

3 SPECIAL PAYS. 

4 (a) AVIATION OFFICER RETENTION BONUS.—Sec5 tion 301b(a) of title 37, United States Code, is amended 

6 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem7 ber 31, 2007’’. 

8 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) 

9 of such title is amended by striking ‘‘December 31, 2007’’ 

10 and inserting ‘‘December 31, 2008’’. 

11 (c) REENLISTMENT BONUS FOR ACTIVE MEM12 BERS.—Section 308(g) of such title is amended by strik13 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

14 2007’’. 

15 (d) ENLISTMENT BONUS.—Section 309(e) of such 

16 title is amended by striking ‘‘December 31, 2006’’ and in17 serting ‘‘December 31, 2007’’. 

18 (e) RETENTION BONUS FOR MEMBERS QUALIFIED

19 IN A CRITICAL MILITARY SKILL.—Section 323(i) of such 

20 title is amended by striking ‘‘December 31, 2006’’ and in21 serting ‘‘December 31, 2007’’. 

22 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT23 ICAL SKILLS.—Section 324(g) of such title is amended by 

24 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

25 31, 2007’’. 


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1 (g) CONVERSION TO MILITARY OCCUPATIONAL SPE2 CIALTY TO EASE PERSONNEL SHORTAGE.—Section 

3 326(g) of such title is amended by striking ‘‘December 31, 

4 2006’’ and inserting ‘‘December 31, 2007’’. 

5 SEC. 614. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

6 BONUS AUTHORITIES FOR NUCLEAR OFFI7 CERS. 

8 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI9 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

10 312(e) of title 37, United States Code, is amended by 

11 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

12 31, 2007’’. 

13 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

14 312b(c) of such title is amended by striking ‘‘December 

15 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

16 (c) NUCLEAR CAREER ANNUAL INCENTIVE

17 BONUS.—Section 312c(d) of such title is amended by 

18 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

19 31, 2007’’. 

20 SEC. 615. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

21 SPECIAL PAY AUTHORITIES FOR CERTAIN 

22 HEALTH CARE PROFESSIONALS. 

23 (a) NURSE OFFICER CANDIDATE ACCESSION PRO24 GRAM.—Section 2130a(a)(1) of title 10, United States 


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1 Code, is amended by striking ‘‘December 31, 2006’’ and 

2 inserting ‘‘December 31, 2007’’. 

3 (b) ACCESSION BONUS FOR REGISTERED NURSES.— 

4 Section 302d(a)(1) of title 37, United States Code, is 

5 amended by striking ‘‘December 31, 2006’’ and inserting 

6 ‘‘December 31, 2007’’. 

7 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES8 THETISTS.—Section 302e(a)(1) of such title is amended 

9 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem10 ber 31, 2007’’. 

11 (d) ACCESSION BONUS FOR DENTAL OFFICERS.— 

12 Section 302h(a)(1) of such title is amended by striking 

13 ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

14 2007’’. 

15 (e) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

16 Section 302j(a) of such title is amended by striking ‘‘De17 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

18 SEC. 616. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

19 SPECIAL PAYS FOR RESERVE FORCES. 

20 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

21 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

22 302g(e) of title 37, United States Code, is amended by 

23 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

24 31, 2007’’. 


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1 (b) SELECTED RESERVE REENLISTMENT BONUS.— 

2 Section 308b(g) of such title is amended by striking ‘‘De3 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

4 (c) SELECTED RESERVE AFFILIATION OR ENLIST5 MENT BONUS.—Section 308c(i) of such title is amended 

6 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem7 ber 31, 2007’’. 

8 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS9 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

10 308d(c) of such title is amended by striking ‘‘December 

11 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

12 (e) READY RESERVE NON-PRIOR SERVICE ENLIST13 MENT BONUS.—Section 308g(f) of such title is amended 

14 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem15 ber 31, 2007’’. 

16 (f) READY RESERVE ENLISTMENT AND REENLIST17 MENT BONUS.—Section 308h(e) of such title is amended 

18 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem19 ber 31, 2007’’. 

20 (g) PRIOR SERVICE REENLISTMENT BONUS.—Sec21 tion 308i(f) of such title is amended by striking ‘‘Decem22 ber 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

23 (h) REPAYMENT OF EDUCATION LOANS FOR CER24 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE25 LECTED RESERVE.—Section 16302(d) of title 10, United 


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1 States Code, is amended by striking ‘‘January 1, 2007’’ 

2 and inserting ‘‘January 1, 2008’’. 

3 Subtitle C—Retired Pay and 

4 Survivor Benefits 

5 SEC. 621. EXTENSION OF TEMPORARY CONTINUATION OF 

6 HOUSING ALLOWANCE FOR DEPENDENTS OF 

7 MEMBERS DYING ON ACTIVE DUTY TO 

8 SPOUSES WHO ARE MEMBERS OF THE UNI9 FORMED SERVICES. 

10 (a) IN GENERAL.—Section 403(l) of title 37, United 

11 States Code, is amended by adding at the end the fol12 lowing new paragraph: 

13 ‘‘(4) Notwithstanding any other provision of 

14 law, this subsection shall apply to a member of a 

15 uniformed service who is the spouse of the deceased 

16 member. An allowance paid under this subsection is 

17 in addition to any other pay and allowances to which 

18 the member is entitled.’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on October 1, 2006. 

21 SEC. 622. PROHIBIT COURT-ORDERED PAYMENTS BEFORE 

22 RETIREMENT BASED ON IMPUTATION OF RE23 TIRED PAY. 

24 (a) AUTHORITY.—Section 1408(c)(3) of title 10, 

25 United States Code, is amended— 


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1 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

2 (2) by adding at the end the following new sub3 paragraph: 

4 ‘‘(B) A court may not order a member to make 

5 payments based upon an imputation of a property 

6 interest in future retired pay of any kind to a spouse 

7 or former spouse before the date of the member’s ac8 tual retirement.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall apply to final court orders or court 

11 orders seeking enforcement of prior final decrees issued 

12 on or after the date of the enactment of this Act. 

13 SEC. 623. REDUCTION IN DEPARTMENT OF DEFENSE AC14 CRUAL CONTRIBUTIONS INTO THE MILITARY 

15 RETIREMENT FUND AND GOVERNMENT CON16 TRIBUTIONS INTO THE MEDICARE-ELIGIBLE 

17 RETIREE HEALTH CARE FUND. 

18 (a) RETIREMENT FUND.—(1) Section 1465 of title 

19 10, United States Code, is amended— 

20 (A) in subsection (b)(1)— 

21 (i) by amending subparagraph (A)(ii) to 

22 read as follows: 

23 ‘‘(ii) the total amount of basic pay ex24 pected to be paid during that fiscal year for ac25 tive duty in the armed forces (other than the 


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1 Coast Guard) and for full-time National Guard 

2 duty (other than full-time National Guard duty 

3 for training only), but excluding any duty that 

4 would be excluded for active-duty end strength 

5 purposes by section 115(i) of this title.’’; and 

6 (ii) in subparagraph (B)(ii)— 

7 (I) by striking ‘‘Ready’’ and inserting 

8 ‘‘Selected’’; and 

9 (II) by striking ‘‘and other than mem10 bers on full-time National Guard duty 

11 other than for training) who are’’ and in12 serting ‘‘) for service’’; and 

13 (B) in subsection (c)(1)— 

14 (i) by amending subparagraph (A) to read 

15 as follows: 

16 ‘‘(A) a determination (using the aggregate 

17 entry-age normal cost method) of a single level per18 centage of basic pay for active duty in the armed 

19 forces (other than the Coast Guard) and for full20 time National Guard duty (other than full-time Na21 tional Guard duty for training only), but excluding 

22 any duty that would be excluded for active-duty end 

23 strength purposes by subsection 115(i) of this title, 

24 to be determined without regard to section 1413a or 

25 1414 of this title; and’’; and 


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1 (ii) in subparagraph (B)— 

2 (I) by striking ‘‘Ready’’ and inserting 

3 ‘‘Selected’’; and 

4 (II) by striking ‘‘and other than mem5 bers on full-time National Guard duty 

6 other than for training) who are’’ and in7 serting ‘‘) for service’’. 

8 (2) Section 1466(a) of such title is amended— 

9 (A) by amending paragraph (1)(B) to read as 

10 follows: 

11 ‘‘(B) the total amount of basic pay accrued 

12 for that month for active duty in the armed 

13 forces (other than the Coast Guard) and for 

14 full-time National Guard duty (other than full15 time National Guard duty for training only), 

16 but excluding any duty that would be excluded 

17 for active-duty end strength purposes by section 

18 115(i) of this title.’’; and 

19 (B) in paragraph (2)(B)— 

20 (i) by striking ‘‘Ready’’ and inserting ‘‘Se21 lected’’; and 

22 (ii) by striking ‘‘and other than members 

23 on full-time National Guard duty other than for 

24 training) who are’’ and inserting ‘‘) for serv25 ice’’. 


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1 (b) MEDICARE ELIGIBLE RETIREE HEALTH CARE

2 FUND.—(1) Section 1111(b) of such title is amended by 

3 adding at the end the following new paragraph: 

4 ‘‘(5) The term ‘members of the uniformed serv5 ices on active duty’ does not include a cadet at the 

6 United States Military Academy, the United States 

7 Air Force Academy, or the Coast Guard Academy; 

8 or a midshipman at the United States Naval Acad9 emy.’’. 

10 (2) Section 1115 of such title is amended— 

11 (A) in subsection (b)— 

12 (i) in paragraph (1)(B), by inserting before 

13 the period at the end the following: ‘‘, but ex14 cluding any members who would be excluded for 

15 active-duty end strength purposes by section 

16 115(i) of this title’’; and 

17 (ii) in paragraph (2)(B)— 

18 (I) by striking ‘‘Ready’’ and inserting 

19 ‘‘Selected’’; and 

20 (II) by striking ‘‘other than members 

21 on full-time National Guard duty other 

22 than for training)’’; and 

23 (B) in subsection (c)(1)— 

24 (i) in subparagraph (A), by inserting be25 fore the semicolon the following: ‘‘, but excludVerDate Aug 31 2005 22:23 Apr 18, 2006 Jkt 049200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S2507.IS S2507

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1 ing any members who would be excluded for ac2 tive-duty end strength purposes by section 

3 115(i) of this title’’; and 

4 (ii) in subparagraph (B)— 

5 (I) by striking ‘‘Ready’’ and inserting 

6 ‘‘Selected’’; and 

7 (II) by striking ‘‘(other than members 

8 on full-time National Guard duty other 

9 than for training)’’. 

10 Subtitle D—Other Matters 

11 SEC. 631. ACCRUAL OF ANNUAL LEAVE FOR MEMBERS OF 

12 THE UNIFORMED SERVICES PERFORMING 

13 DUAL EMPLOYMENT. 

14 Section 5534a of title 5, United States Code, is 

15 amended by adding at the end the following new sentence: 

16 ‘‘Such a member also is entitled to accrue annual leave 

17 with pay in the manner specified in section 6303(a) of this 

18 title for a retired member of the uniformed service.’’. 

19 SEC. 632. TECHNICAL MODIFICATION TO THE DEPARTMENT 

20 OF DEFENSE’S COMPUTER/ELECTRONIC AC21 COMMODATIONS PROGRAM TO ALLOW COM22 BAT WOUNDED SERVICE MEMBERS. 

23 Section 1582(a)(1) of title 10, United States Code, 

24 is amended by adding at the end of the following new sen25 tence: ‘‘The Secretary of Defense may allow members of 


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1 the armed forces who have sustained severe or debilitating 

2 illnesses or injuries while serving in support of a contin3 gency operation to retain any assistive technology, devices, 

4 or services provided to the member prior to their separa5 tion of military service upon their separation.’’. 

6 SEC. 633. PERMANENT AUTHORITY FOR PRESENTATION OF 

7 RECOGNITION ITEMS FOR RECRUITMENT 

8 AND RETENTION PURPOSES. 

9 Section 2261 of title 10, United States Code, is 

10 amended by striking subsection (d). 

11 TITLE VII—HEALTH CARE 

12 PROVISIONS 

13 Subtitle A—TRICARE Program 

14 Improvements 

15 SEC. 701. TRICARE COVERAGE FOR FORENSIC EXAMINA16 TION FOLLOWING SEXUAL ASSAULTS AND 

17 DOMESTIC VIOLENCE. 

18 Section 1079(a) of title 10, United States Code, is 

19 amended by adding at the end the following new para20 graph: 

21 ‘‘(18) Forensic examinations following a sexual 

22 assault and domestic violence may be provided.’’. 


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1 SEC. 702. INCREASING TRICARE PROGRAM COST SHARING 

2 AMOUNTS. 

3 (a) AUTHORITY.—Section 1086(b) of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new paragraph: 

6 ‘‘(5)(A) Notwithstanding paragraphs (1) 

7 through (4), and subject to subparagraph (B), the 

8 Secretary of Defense shall prescribe regulations to 

9 revise the requirements for payments by bene10 ficiaries under this subsection, other than Medicare11 eligible beneficiaries, in order to reflect increases in 

12 health care costs. Such requirements, which may in13 clude a revised deductible amount and an enrollment 

14 fee, need not be uniform for all such beneficiaries. 

15 Any such enrollment fee may be a condition of eligi16 bility for health care benefits under chapter 55 of 

17 this title. 

18 ‘‘(B) The revisions required by subparagraph 

19 (A) may not result in average annual per person 

20 out-of-pocket costs in excess of the average annual 

21 per person out-of-pocket costs applicable in fiscal 

22 year 1996, indexed to fiscal year 2007 and future 

23 fiscal years based on the annual rate of change (in24 crease or decrease) in the average premiums under 

25 the Federal Employee Health Benefits Program 

26 under chapter 89 of title 5. 


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1 ‘‘(C) In this paragraph: 

2 ‘‘(i) The term ‘Medicare-eligible bene3 ficiary’ means a person described in subsection 

4 (d). 

5 ‘‘(ii) The term ‘out-of-pocket costs’ means 

6 the portion of the total health care costs (in7 cluding deductible amounts, enrollment fees, 

8 and other cost sharing) of a beneficiary reliant 

9 on the civilian sector component of the 

10 TRICARE Program that are not covered by 

11 such program.’’. 

12 (b) TIME FOR PROMULGATION OF REGULATIONS.— 

13 The Secretary shall prescribe the regulations required 

14 under paragraph (5) of section 1086(b) of title 10, United 

15 States Code (as added by subsection (a)), not later than 

16 90 days after the date of enactment of this Act. 

17 (c) LIMITATION.—Notwithstanding any other provi18 sion of this Act, no authority to make payments or collect 

19 any new deductible or enrollment fee under this Act shall 

20 be effective except to such extent and in such amounts 

21 as are provided in advance in appropriation Acts. 


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1 Subtitle B—Other Matters 

2 SEC. 711. RESTRUCTURING THE DENTAL DIVISION OF THE 

3 BUREAU OF MEDICINE AND SURGERY. 

4 (a) IN GENERAL.—Section 5138 of title 10, United 

5 States Code, is amended— 

6 (1) in subsection (a)— 

7 (A) by striking the first sentence; and 

8 (B) by striking ‘‘Division’’ and inserting 

9 ‘‘Corps’’ in the second sentence; 

10 (2) in subsection (b), by striking ‘‘Division’’ 

11 and inserting ‘‘Corps’’; 

12 (3) in subsection (c), by striking ‘‘, that all 

13 such’’ and all that follows and inserting a period; 

14 and 

15 (4) by amending subsection (d) to read as fol16 lows: 

17 ‘‘(d) The Chief of the Dental Corps shall serve as 

18 the advisor to the Surgeon General/Chief, Bureau of Medi19 cine and Surgery, on all matters relating directly to den20 tistry, including professional standards and policies for 

21 dental practice.’’. 

22 (b) CLERICAL AMENDMENTS.—(1) The heading of 

23 such section is amended to read as follows: 


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1 ‘‘§ 5138. Bureau of Medicine and Surgery: Dental 

2 Corps; Chief’’. 

3 (2) The table of sections at the beginning of chapter 

4 513 of such title is amended by striking the item relating 

5 to section 5138 and inserting the following: 

‘‘5138. Bureau of Medicine and Surgery: Dental Corps; Chief.’’. 

6 SEC. 712. ESTABLISHMENT OF A HEALTH SAVINGS AC7 COUNT CHOICE PILOT PROGRAM FOR DE8 PARTMENT OF DEFENSE RETIREES AND 

9 THEIR FAMILIES NOT ELIGIBLE FOR MEDI10 CARE. 

11 (a) IN GENERAL.—The Secretary of Defense may es12 tablish a pilot program to offer a certain number of non13 Medicare eligible military retirees and family members an 

14 option to enroll in a High Deductible Health Plan 

15 (HDHP) in order to establish a Health Savings Account 

16 (HSA) under section 223 of the Internal Revenue Code 

17 of 1986 (section 223 of title 26, United States Code) in 

18 lieu of TRICARE coverage or care through the Military 

19 Health System. Notwithstanding any other requirements 

20 outlined by the Department of Defense for determining 

21 eligibility in the pilot program, a retiree must have ‘‘medi22 cally used’’ the system between October 1, 2003 and Sep23 tember 30, 2005 to be eligible. All HSA covered members, 

24 retirees and covered family members must not participate 


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1 in any other health care plan to participate in the pilot 

2 program. 

3 (b) PLAN ELECTIONS.—Notwithstanding section 

4 8914 of title 5, United States Code, the plan participants 

5 defined pursuant to subsection (a) shall be eligible to elect 

6 any of the High Deductible Health Plan options offered 

7 to civilian employees under the Federal Employees Health 

8 Benefits (FEHB) Program under the same cost share and 

9 plan stipulations as those applicable to civilian employees. 

10 (c) CONTRIBUTIONS.—(1) The Secretary of Defense 

11 shall be required to pay into the Federal Employees 

12 Health Benefits Fund, under arrangements satisfactory to 

13 the Office of Personnel Management (‘‘Office’’), an 

14 amount equal to the sum of— 

15 (A) the agency contributions which would be re16 quired in the case of an employee enrolled in the 

17 same High Deductible Health Plan and level of ben18 efits; and 

19 (B) an amount, determined under regulations, 

20 necessary for administrative expenses. 

21 (2) Plan participants as defined pursuant to sub22 section (a) shall be required to pay into the Federal Em23 ployees Health Benefits Fund, under arrangements satis24 factory to the Office, an amount equal to the employee 

25 contributions which would be required in the case of an 


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1 employee enrolled in the same health benefits plan and 

2 levels of benefits. 

3 (3) The Department of Defense shall reimburse the 

4 Office of Personnel Management for costs incurred in the 

5 administration of this pilot program. 

6 (d) REGULATIONS.—The Secretary of Defense and 

7 the Director of Office of Personnel Management shall 

8 jointly prescribe regulations to implement this section. 

9 Such regulation shall clarify and establish terms and con10 ditions for the pilot, including— 

11 (1) enrollee participation in the pilot program; 

12 (2) how the pilot program shall be monitored 

13 and reported upon termination; 

14 (3) the process to ensure that other Defense 

15 medical coverage is suspended during the enrollee’s 

16 participation in the pilot program; 

17 (4) procedures for premium contributions and 

18 administrative expenses to the Federal Employees 

19 Health Benefit Fund; and 

20 (5) the amount necessary for administrative ex21 penses. 

22 (e) PILOT PROGRAM PERIOD.—Eligible pilot pro23 gram participants may begin to enroll for this option dur24 ing the first normal FEHB open season that begins no 

25 earlier than 6 months after the date of enactment of this 


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1 section. After three full FEHB calendar years, the option 

2 will not be offered to any new participants, but current 

3 participants may remain in the program until the pilot 

4 program is subsequently reauthorized, folded into a broad5 er program, or terminated. If the pilot program is not re6 authorized, the pilot program will automatically terminate 

7 after five full calendar years from enactment of this sec8 tion. 

9 (f) PARTICIPANTS LEAVING THE PILOT PROGRAM.— 

10 All terms and conditions as provided in chapter 89 of title 

11 5, United States Code, involving a change in health cov12 erage for other FEHB participants will apply to members 

13 of this pilot program, including when a member may drop 

14 coverage. A participant who terminates participation in 

15 this plan voluntarily or non-voluntarily may request rein16 statement of the current Defense military health benefits 

17 the participant would be eligible for at that time, but at 

18 no time will that participant be eligible to return to this 

19 HSA pilot program under the FEHB Program. 

20 (g) PROHIBITION AGAINST THE USE OF MILITARY

21 TREATMENT FACILITIES AND ENROLLMENT UNDER

22 TRICARE.—Covered participants under this chapter who 

23 are provided coverage under the pilot program shall not 

24 be eligible to receive care at a military treatment facility 

25 or to enroll in a health care plan under the TRICARE 


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1 program or utilize Department of Defense pharmacy bene2 fits during their participation in the pilot program. 

3 (h) DEFINITIONS.—In this section: 

4 (1) The terms ‘‘high deductible health plan’’ 

5 and ‘‘health savings account’’ have the same mean6 ing established under section 223 of the Internal 

7 Revenue Code of 1986 (section 223 of title 26, 

8 United States Code). 

9 (2) The term ‘‘Federal Employee Health Bene10 fits Program’’ has the same meaning established 

11 under chapter 89 of title 5, United States Code. 

12 (3) The term ‘‘medically used’’ means use, by 

13 a person eligible for the health care benefit estab14 lished under chapter 55 of title 10, United States 

15 Code, of at least two outpatient visits for physician 

16 services (not including prescription drugs) or one in17 patient admission. 


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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 Subtitle A—Acquisition Policy and 

6 Management 

7 SEC. 801. EXPANDED USE OF RESERVE COMPONENT MEM8 BERS TO PERFORM DEVELOPMENTAL AND 

9 OPERATIONAL TESTING AND NEW EQUIP10 MENT TRAINING. 

11 (a) REIMBURSEMENT.—The Secretary of the Army 

12 may transfer from funds available to support an acquisi13 tion program in the amount necessary to reimburse the 

14 appropriate reserve component military personnel account 

15 for costs charged to that account for military pay and al16 lowances in connection with the demonstration program 

17 described in subsection (b). 

18 (b) DEMONSTRATION PROGRAM.—(1) A demonstra19 tion program under this section shall evaluate— 

20 (A) cost savings and other benefits that may re21 sult from the use of members of the reserve compo22 nents to perform test, evaluation, and related activi23 ties for an acquisition program, rather than the use 

24 of contractor personnel for such purposes; and 


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1 (B) the use of appropriations available for 

2 multi-year research, development, testing and eval3 uation and procurement to reimburse reserve compo4 nents for the pay, allowances, and expenses incurred 

5 when such members perform duties to conduct ac6 quisition, logistics, and new equipment training ac7 tivities in connection with the demonstration pro8 gram. 

9 (2) Nothing in this section authorizes a deviation 

10 from established Reserve and National Guard personnel 

11 and training procedures. 

12 (c) LIMITATION ON AMOUNT.—Not more than 

13 $10,000,000 may be transferred under this section during 

14 each year of the demonstration program. 

15 (d) MERGER OF TRANSFERRED FUNDS.—Funds 

16 transferred to an account under this section shall be 

17 merged with other sums in the account and shall be avail18 able for the same period and purposes as the sums with 

19 which merged. 

20 (e) RELATIONSHIP TO OTHER TRANSFER AUTHOR21 ITY.—The transfer authority under this section is in addi22 tion to any other transfer authority. 

23 (f) TERMINATION.—The demonstration program 

24 under this section shall terminate on September 30, 2010. 


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1 SEC. 802. MINIMUM ANNUAL PURCHASE FOR CIVIL RE2 SERVE AIR FLEET CONTRACTS. 

3 (a) IN GENERAL.—Chapter 931 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 9515. Minimum annual purchase for Civil Reserve 

7 Air Fleet contracts 

8 ‘‘(a) IN GENERAL.—The Secretary of Defense is au9 thorized to award to air carriers participating in the Civil 

10 Reserve Air Fleet (CRAF) program annual airlift con11 tracts with a minimum purchase amount determined in 

12 accordance with this section. 

13 ‘‘(b) MINIMUM ANNUAL CONTRACT AWARDS.—Such 

14 contract minimum purchase amount shall be based on 

15 forecast needs but may not be for more than eighty per16 cent of the annual average expenditures of airlift for the 

17 prior 5-year period. Unusually high demand years, such 

18 as during a conflict, will normally be omitted to obtain 

19 a more accurate forecast. Award amounts shall be divided 

20 among the carriers or carrier teaming arrangements pro21 portional to the commitments to the CRAF program. 

22 ‘‘(c) SUBSIDY.—Should any of the amounts set aside 

23 for the annual minimum airlift purchase not be utilized 

24 to purchase actual transportation from the carriers to 

25 whom awarded, such remainder will be transferred to the 

26 carrier prior to the first day of the following fiscal year. 


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1 Proportional adjustment shall be made for periods when 

2 services from the air carrier are unavailable for usage by 

3 the Department of Defense, such as refused business, sus4 pended operations, or when the air carrier is placed in 

5 non-use status pursuant to section 2640 of this title for 

6 safety issues. If purchases of transportation services ex7 ceed minimum contract amounts for that carrier or 

8 teaming arrangement, no subsidy will be provided. 

9 ‘‘(d) MERGER OF FUNDS.—Amounts available to the 

10 Services for transportation equal to the proportional share 

11 of usage by each Service shall be transferred to the trans12 portation working capital fund to fund contract award. 

13 Each Service shall be entitled to obtain transportation of 

14 equal value or transfer that entitlement to other Services 

15 or DOD units. Such transferred value shall be merged 

16 with the appropriations of the receiving unit.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of such chapter is amended by adding 

19 at the following new item: 

‘‘9515. Minimum annual purchase for Civil Reserve Air Fleet contracts.’’. 

20 SEC. 803. CLARIFICATION OF RAPID ACQUISITION AUTHOR21 ITY TO RESPOND TO COMBAT EMERGENCIES. 

22 Section 806 of the Bob Stump National Defense Au23 thorization Act for Fiscal Year 2003 (Public Law 107– 

24 314; 116 Stat. 2607; 10 U.S.C. 2302 note), as amended 

25 by section 811 of the Ronald W. Reagan National Defense 


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1 Authorization Act for Fiscal Year 2005 (Public Law 108– 

2 375), is further amended— 

3 (1) in subsection (a), by inserting ‘‘or utiliza4 tion of services’’ after ‘‘items’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (1)(B), by inserting ‘‘or 

7 services’’ after ‘‘items’’; 

8 (B) in paragraph (2)— 

9 (i) by inserting ‘‘or utilizing services’’ 

10 after ‘‘items’’; 

11 (ii) in subparagraph (A), by inserting 

12 ‘‘or service’’ after ‘‘item’’; 

13 (iii) in subparagraph (B), by inserting 

14 ‘‘or the utilization of a service’’ after 

15 ‘‘item’’; and 

16 (iv) in subparagraph (C), by inserting 

17 ‘‘or utilization’’ after ‘‘deployment’’; 

18 (3) in subsection (c)— 

19 (A) by inserting ‘‘or service’’ after ‘‘equip20 ment’’ each place it appears; 

21 (B) by striking ‘‘combat capability’’ each 

22 place it appears; 

23 (C) by striking ‘‘casualties’’ and inserting 

24 ‘‘fatalities’’ each place it appears; 


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1 (D) in paragraph (1), by inserting ‘‘below 

2 the Under Secretary of Defense (Acquisition, 

3 Technology and Logistics)’’ after ‘‘delegation’’; 

4 and 

5 (E) by amending paragraph (4) to read as 

6 follows: 

7 ‘‘(4) The Secretary of Defense shall notify the 

8 congressional defense committees within 15 days 

9 after the end of each quarter of the fiscal year with 

10 regard to each determination made under paragraph 

11 (1) during that quarter. For each determination, 

12 such notice shall identify— 

13 ‘‘(A) the equipment and services being ac14 quired; 

15 ‘‘(B) the amount being expended for each 

16 acquisition; and 

17 ‘‘(C) the source of funds for each acquisi18 tion.’’; and 

19 (4) in subsection (d)— 

20 (A) in paragraph (1)— 

21 (i) by inserting ‘‘or service’’ after 

22 ‘‘equipment’’ each place it appears; 

23 (ii) in subparagraph (B), by striking 

24 ‘‘or’’; and 


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1 (iii) in subparagraph (C), by striking 

2 the period and inserting ‘‘; or’’; and 

3 (B) by adding at the end the following new 

4 subparagraph: 

5 ‘‘(D) domestic source or content restric6 tions that would inhibit or impede the rapid ac7 quisition of the equipment or service.’’. 

8 SEC. 804. UNIFIED COMBATANT COMMAND FOR JOINT 

9 WARFIGHTING EXPERIMENTATION: ACQUISI10 TION AUTHORITY. 

11 Section 167a of title 10, United States Code, is 

12 amended— 

13 (1) in subsection (a), by striking ‘‘and acquire’’ 

14 and inserting ‘‘, acquire and sustain’’; and 

15 (2) by striking subsection (f). 

16 SEC. 805. QUALITY CONTROL IN PROCUREMENT OF SHIP 

17 CRITICAL SAFETY ITEMS AND RELATED 

18 SERVICES. 

19 (a) QUALITY CONTROL POLICY.—The Secretary of 

20 Defense shall prescribe in regulations a quality control 

21 policy for the procurement of ship critical safety items and 

22 the procurement of modifications, repair, and overhaul of 

23 such items. 


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1 (b) CONTENT OF REGULATIONS.—The policy set 

2 forth in the regulations shall include the following require3 ments: 

4 (1) That the head of the design control activity 

5 for ship critical safety items establish processes to 

6 identify and manage the procurement, modification, 

7 repair, and overhaul of ship critical safety items. 

8 (2) That the head of the contracting activity for 

9 a ship critical safety item enter into a contract for 

10 the procurement, modification, repair, or overhaul of 

11 such item only with a source on a Qualified Manu12 facturers List or a source approved by the design 

13 control activity in accordance with section 2319 of 

14 title 10, United States Code. 

15 (3) That the ship critical safety items delivered, 

16 and the services performed with respect to ship crit17 ical safety items, meet all technical and quality re18 quirements specified by the design control activity. 

19 (c) DEFINITIONS.—In this section, the terms ‘‘ship 

20 critical safety item’’ and ‘‘design control activity’’ have the 

21 meanings given such terms in section 2319(g) of title 10, 

22 United States Code, as amended by subsection (d). 

23 (d) CONFORMING AMENDMENTS.—Section 2319 of 

24 title 10, United States Code, is amended— 


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1 (1) in subsection (c)(3), by inserting ‘‘or ship’’ 

2 after ‘‘aviation’’; and 

3 (2) in subsection (g)— 

4 (A) by redesignating paragraph (2) as 

5 paragraph (3); 

6 (B) by inserting after paragraph (1) the 

7 following new paragraph (2): 

8 ‘‘(2) The term ‘ship critical safety item’ means 

9 any ship part, assembly, or support equipment con10 taining a critical characteristic whose failure, mal11 function, or absence may cause a catastrophic or 

12 critical failure resulting in loss or serious damage to 

13 the ship, or unacceptable risk of personal injury or 

14 loss of life.’’; and 

15 (C) in paragraph (3) (as redesignated)— 

16 (i) by inserting ‘‘or ship’’ after ‘‘avia17 tion’’ the first place it appears; and 

18 (ii) by inserting ‘‘or the seaworthiness 

19 of a ship system or equipment’’ after 

20 ‘‘equipment’’. 

21 SEC. 806. EXTENSION OF SPECIAL TEMPORARY CONTRACT 

22 CLOSEOUT AUTHORITY. 

23 Section 804 of the National Defense Authorization 

24 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

25 1541), as amended by section 852 of the Ronald W. 


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1 Reagan National Defense Authorization Act for Fiscal 

2 Year 2005 (Public Law 108–375; 118 Stat. 2021), is fur3 ther amended in subsection (d) by striking ‘‘September 

4 30, 2006’’ and inserting ‘‘September 30, 2007’’. 

5 SEC. 807. DEFENSE ACQUISITION CHALLENGE PROGRAM. 

6 Section 2359b of title 10, United States Code, is 

7 amended by striking subsection (j). 

8 Subtitle B—United States Defense 

9 Industrial Base Provisions 

10 SEC. 811. REPEAL OF THE MILITARY SYSTEM BREAKOUT 

11 LIST. 

12 Section 813 of the National Defense Authorization 

13 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

14 1543) is repealed. 

15 Subtitle C—National Defense 

16 Stockpile 

17 SEC. 821. REVISION OF LIMITATIONS ON REQUIRED DIS18 POSALS OF CERTAIN MATERIALS IN NA19 TIONAL DEFENSE STOCKPILE. 

20 (a) NATIONAL DEFENSE AUTHORIZATION ACT FOR

21 FISCAL YEAR 1997.—Section 3303 of the National De22 fense Authorization Act for Fiscal Year 1997 (Public Law 

23 104–201; 110 Stat. 2855; 50 U.S.C. 98d note), as amend24 ed by section 3402(f) of the National Defense Authoriza25 tion Act for Fiscal Year 2000 (Public Law 106–65; 113 


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1 Stat. 973), and section 3304(c) of the National Defense 

2 Authorization Act for Fiscal Year 2002 (Public Law 107– 

3 107; 115 Stat. 1390), is further amended— 

4 (1) in subsection (a), by striking paragraph (2) 

5 and inserting the following new paragraph: 

6 ‘‘(2) $720,000,000 during the twelve-fiscal year 

7 period ending September 30, 2008.’’; and 

8 (2) in subsection (b)(2), by striking ‘‘10-fiscal 

9 year period’’ and inserting ‘‘12-fiscal year period’’. 

10 (b) NATIONAL DEFENSE AUTHORIZATION ACT FOR

11 FISCAL YEAR 1998.—Section 3305(a)(5) of the National 

12 Defense Authorization Act for Fiscal Year 1998 (Public 

13 Law 105–85; 111 Stat. 2057; 50 U.S.C. 98d note), as 

14 amended by section 3305 of the National Defense Author15 ization Act for Fiscal Year 2002 (Public Law 107–107; 

16 115 Stat. 1390), is further amended by striking ‘‘2006’’ 

17 and inserting ‘‘2008’’. 

18 (c) NATIONAL DEFENSE AUTHORIZATION ACT FOR

19 FISCAL YEAR 1999.—Section 3303(a) of the Strom Thur20 mond National Defense Authorization Act for Fiscal Year 

21 1999 (Public Law 105–261; 112 Stat. 2263; 50 U.S.C. 

22 98d note), as amended by section 3302 of the Ronald W. 

23 Reagan National Defense Authorization Act for Year 

24 2005 (Public Law 108–375; 118 Stat. 2193), and section 

25 3302(a) of the National Defense Authorization Act for 


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1 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3545), 

2 is further amended— 

3 (1) by striking ‘‘and’’ at the end of paragraph 

4 (5); and 

5 (2) by striking paragraph (6) and inserting the 

6 following new paragraphs: 

7 ‘‘(6) $1,000,000,000 by the end of fiscal year 

8 2013; and 

9 ‘‘(7) $1,365,000,000 by the end of fiscal year 

10 2014.’’. 

11 Subtitle D—Other Matters 

12 SEC. 831. CLARIFICATION OF JURISDICTION OF THE 

13 UNITED STATES DISTRICT COURTS TO HEAR 

14 BID PROTEST DISPUTES INVOLVING MARI15 TIME CONTRACTS. 

16 Section 1491 of title 28, United States Code, is 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(d) Jurisdiction over any actions described under 

20 subsection (b)(1) arising out of a maritime contract or a 

21 proposed maritime contract shall be governed by this sec22 tion, and shall not be subject to the jurisdiction of the 

23 District Courts of the United States under the Act of 

24 March 9, 1920, as amended (41 Stat. 525, as amended, 

25 46 U.S.C. 741–752) or the Act of March 3, 1925, as 


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1 amended (43 Stat. 1112, as amended, 46 U.S.C. 781– 

2 790).’’. 

3 TITLE IX—DEPARTMENT OF DE4 FENSE ORGANIZATION AND 

5 MANAGEMENT 

6 Subtitle A—General Department of 

7 Defense Management Matters 

8 SEC. 901. UNITED STATES MARINE BAND AND UNITED 

9 STATES MARINE DRUM AND BUGLE CORPS. 

10 (a) IN GENERAL.—Section 6222 of title 10, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 6222. United States Marine Band and United 

13 States Marine Drum and Bugle Corps: 

14 composition; appointment and promotion 

15 ‘‘(a) The band of the Marine Corps shall be composed 

16 of one director, two assistant directors, and other per17 sonnel in such numbers and grades as the Secretary of 

18 the Navy determines to be necessary. 

19 ‘‘(b) The Drum and Bugle Corps of the Marine Corps 

20 shall be composed of one commanding officer and other 

21 personnel in such numbers and grades as the Secretary 

22 of the Navy determines to be necessary. 

23 ‘‘(c) The Secretary shall prescribe regulations for the 

24 appointment and promotion of members of the Marine 

25 Band and members of the Marine Drum and Bugle Corps 


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1 and the President may from time to time appoint them 

2 to grades not above the grade of captain. The President’s 

3 authority to appoint members to grades not above captain 

4 under this section may be delegated only to the Secretary 

5 of Defense without further re-delegation. The President, 

6 by and with the advice and consent of the Senate, may 

7 from time to time appoint members to grades above the 

8 grade of captain. 

9 ‘‘(d) Unless otherwise entitled to higher retired grade 

10 and retired pay, a member who holds, or has held, an ap11 pointment under this section is entitled, when retired, to 

12 be retired in, and with retired pay based on, the highest 

13 grade held under this section in which the Secretary deter14 mines that he served satisfactorily. 

15 ‘‘(e) The Secretary may revoke any appointment of 

16 a member of the Marine Band or Marine Drum and Bugle 

17 Corps. When a member’s appointment to a commissioned 

18 grade under this section terminates, the member is enti19 tled, at his option— 

20 ‘‘(1) to be discharged from the Marine Corps; 

21 or 

22 ‘‘(2) to revert to the grade and status he held 

23 at the time of his designation.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 for chapter 565 of such title is amended by striking the 


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1 item relating to section 6222 and inserting the following 

2 new item: 

‘‘6222. United States Marine Band and United States Marine Drum and Bugle 

Corps: composition; appointment and promotion.’’. 

3 SEC. 902. ELIMINATION OF DUPLICATIVE VOTING ASSIST4 ANCE INSTALLATION VISITS. 

5 Section 1566 of title 10, United States Code, is 

6 amended— 

7 (1) by striking subsection (d); and 

8 (2) by redesignating subsections (e), (f), (g), 

9 (h) and (i) as subsections (d), (e), (f), (g), and (h), 

10 respectively. 

11 Subtitle B—Space Activities 

12 SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM 

13 FOR PROVISION OF SPACE SURVEILLANCE 

14 NETWORK SERVICES TO NON-UNITED STATES 

15 GOVERNMENT ENTITIES. 

16 Section 2274(i) of title 10, United States Code, is 

17 amended by striking ‘‘shall be conducted during the three18 year period beginning on a date specified by the Secretary 

19 of Defense, which date shall be not later than 180 days 

20 after the date of the enactment of this section’’ and insert21 ing ‘‘may be conducted through September 30, 2009’’. 


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1 SEC. 912. DESIGNATION OF SUCCESSOR ORGANIZATIONS 

2 FOR THE DISESTABLISHED INTERAGENCY 

3 GLOBAL POSITIONING EXECUTIVE BOARD. 

4 Section 8 of the Commercial Space Transportation 

5 Competitiveness Act of 2000 (Public Law 106–405; 114 

6 Stat. 1753) is amended by striking ‘‘the Interagency Glob7 al Positioning System Executive Board, including an Ex8 ecutive Secretariat to be housed at the Department of 

9 Commerce’’ and inserting ‘‘the National Space-Based Po10 sitioning, Navigation, and Timing Executive Committee, 

11 the National Space-Based Positioning, Navigation, and 

12 Timing Coordination Office, and the National Space13 Based Positioning, Navigation, and Timing Advisory 

14 Board, or successor organizations’’. 

15 Subtitle C—Intelligence-Related 

16 Matters 

17 SEC. 921. PERMANENT AUTHORITY FOR DEFENSE INTEL18 LIGENCE COMMERCIAL ACTIVITIES. 

19 Section 431(a) of title 10, United States Code, is 

20 amended by striking the last sentence. 

21 SEC. 922. DEFENSE INFORMATION SYSTEMS AGENCY. 

22 Section 193(f)(1) of title 10, United States Code, is 

23 amended to read as follows: 

24 ‘‘(1) The Defense Information Systems Agen25 cy.’’. 


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1 SEC. 923. PROTECTION OF INFORMATION REGARDING 

2 WEAPONS OF MASS DESTRUCTION. 

3 (a) PROHIBITION FROM DISCLOSURE UNDER FREE4 DOM OF INFORMATION ACT.—Information in the posses5 sion of the Department of Defense concerning weapons of 

6 mass destruction, as defined in subsection (d) of this sec7 tion, shall not be disclosed under section 552 of title 5, 

8 United States Code (commonly referred to as the Freedom 

9 of Information Act (FOIA)) for the period of time the sen10 sitivity of the information can be reasonably confirmed. 

11 Any information controlled under the Atomic Energy Act 

12 of 1954, as amended, is exempt from the provisions of this 

13 Act. This exemption shall be implemented in a manner 

14 so as to not unduly restrict the public’s current level of 

15 access to environmental impact statements, records con16 cerning healthcare activities, or other information essen17 tial to inform official decision-making concerning the 

18 health and safety of the public. 

19 (b) REQUIREMENT FOR SAFEGUARDING.—The De20 partment of Defense shall safeguard information con21 cerning weapons of mass destruction commensurate with 

22 the sensitivity of the information concerned and shall take 

23 all reasonable actions to ensure parties outside the Federal 

24 government with whom the Department shares such infor25 mation safeguard it in the same manner. 


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1 (c) APPLICATION OF STATE OR LOCAL DISCLOSURE

2 LAWS.—Information subject to this section that the De3 partment has provided to State and local authorities shall 

4 not be made available pursuant to any State or local law 

5 requiring disclosure of information or records. 

6 (d) DEFINITIONS.—In this section: 

7 (1) The term ‘‘weapon of mass destruction’’ has 

8 the same meaning as given in the Defense Against 

9 Weapons of Mass Destruction Act of 1996 (50 

10 U.S.C. 2302). 

11 (2) The term ‘‘information concerning weapons 

12 of mass destruction’’ means information that— 

13 (A) would assist in developing, producing, 

14 or using weapons of mass destruction or in 

15 evading the detection or the monitoring of the 

16 development, production, use, or presence of 

17 weapons of mass destruction; or 

18 (B) would disclose a vulnerability to the ef19 fects of a weapon of mass destruction. 

20 Examples of such information could include informa21 tion that remains current and sensitive, such as but 

22 not limited to, formulas and design descriptions of 

23 lethal and incapacitating materials; maps, designs, 

24 security/emergency response plans, and vulnerability 

25 assessments for facilities containing weapons of 


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1 mass destruction materials; studies of the effects 

2 and possible methods of weaponization of weapons of 

3 mass destruction materials; design details, capabili4 ties, and application of detection, surveillance, coun5 termeasures, and measurement equipment or plans; 

6 United States Government evaluations of response 

7 plans of State and local governments; and evaluation 

8 of weapons of mass destruction dispersal systems or 

9 methods. 

10 (e) REPORTING.—Ninety days following the one-year 

11 anniversary of the effective date of this section, the De12 partment of Defense will provide to the Department of 

13 Justice and the Office of Management and Budget a re14 port detailing the number of FOIA requests received for 

15 information covered under this section, a description of 

16 the information requested, and specific actions taken as 

17 a result of the request. 

18 SEC. 924. AUTHORITY FOR THE NATIONAL SECURITY AGEN19 CY TO COLLECT SERVICE CHARGES FOR CER20 TIFICATION OR VALIDATION OF INFORMA21 TION ASSURANCE PRODUCTS. 

22 The National Security Agency Act of 1959 (50 

23 U.S.C. 402 note) is amended by adding at the end the 

24 following new section: 


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1 ‘‘SEC. 20. The Director may collect charges for evalu2 ating, certifying, or validating information assurance 

3 products under the National Information Assurance Pro4 gram or successor program. Such charges may be based 

5 upon fixed prices or costs. The appropriation or fund bear6 ing the cost of the service may be reimbursed, or the Di7 rector may require advance payment subject to such ad8 justment on completion of the work as may be agreed 

9 upon. Amounts collected are hereby made available for the 

10 National Information Assurance Program.’’. 

11 TITLE X—GENERAL PROVISIONS 

12 Subtitle A—Financial Matters 

13 SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE 

14 BUDGET REQUEST FOR PROCUREMENT OF 

15 RESERVE EQUIPMENT. 

16 Section 114(e) of title 10, United States Code, is re17 pealed. 

18 SEC. 1002. REPEAL OF REQUIREMENT FOR TWO-YEAR 

19 BUDGET CYCLE FOR THE DEPARTMENT OF 

20 DEFENSE. 

21 Section 1405 of the Department of Defense Author22 ization Act, 1986 (31 U.S.C. 1105 note) is repealed. 


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1 SEC. 1003. ACCEPTANCE AND RETENTION OF REIMBURSE2 MENT FROM NON-FEDERAL SOURCES TO DE3 FRAY DEPARTMENT OF DEFENSE CON4 FERENCE COSTS. 

5 (a) IN GENERAL.—Chapter 101 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 2016. Conference funding 

9 ‘‘(a) IN GENERAL.—The Secretary of Defense may, 

10 directly or by contract, collect fees from individual or com11 mercial participants in a conference, seminar, exhibition, 

12 symposium or similar meeting (hereinafter referred to col13 lectively as a ‘conference’) conducted by and in the inter14 ests of the Department of Defense. Fees for a conference 

15 shall be established at rates no greater than necessary to 

16 defray the estimated costs of the conference. 

17 ‘‘(b) CREDITING OF RECEIPTS.—(1) Amounts re18 ceived by the Department under this section shall be cred19 ited to the appropriation from which the conference costs 

20 were paid. Amounts received in excess of actual costs in21 curred shall be deposited into the Treasury as miscella22 neous receipts. 

23 ‘‘(2) Amounts received by a contractor under this sec24 tion may be used to pay for the expenses of a conference, 

25 to reimburse the Department for conference costs, or to 


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1 defray other authorized costs under a conference con2 tract.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item: 

‘‘2016. Conference funding.’’. 

6 SEC. 1004. INCREASED FLEXIBILITY IN THE USE OF JOINT 

7 STAFF EXERCISE FUNDS. 

8 Section 166 of title 10, United States Code, is 

9 amended— 

10 (1) in subsection (b)(1), by inserting ‘‘, includ11 ing some service expenses’’ after ‘‘Joint exercises’’; 

12 and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(d) FUNDING OF EXERCISES.—The funding author16 ized in this section may include the following: 

17 ‘‘(1) exercise-related expenses of the Armed 

18 Forces, to include self-deploying watercraft owned by 

19 the military departments; 

20 ‘‘(2) port support activity costs, to include 

21 transportation and port handling; and 

22 ‘‘(3) the breakout and operation of 

23 prepositioned watercraft and lighterage for joint lo24 gistics over the shore exercises. 


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1 Any amounts provided by the Chairman of the Joint 

2 Chiefs of Staff during any fiscal year out of such funds 

3 shall be in addition to amounts otherwise available for that 

4 activity for that fiscal year.’’. 

5 SEC. 1005. RETENTION AND USE OF PROCEEDS OF SALES 

6 OF M109 HOWITZERS UNDER THE ARMS EX7 PORT CONTROL ACT TO PROCURE M109- 

8 BASED VEHICLES. 

9 Section 114(c)(2) of title 10, United States Code, is 

10 amended— 

11 (1) by striking ‘‘and’’ at the end of subpara12 graph (A); 

13 (2) by striking the period at the end of sub14 paragraph (B) and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following new sub16 paragraph: 

17 ‘‘(C) from the sale of M109 howitzers from 

18 stock of the Department of Defense that have 

19 been identified by the Secretary of the Army 

20 and that are neither excess defense articles nor 

21 defense articles intended to be replaced— 

22 ‘‘(i) shall be deposited into the Pro23 curement of Weapons and Tracked Combat 

24 Vehicles, Army appropriations account and 

25 shall be available— 


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1 ‘‘(I) to purchase a defense article 

2 that has a function similar to the 

3 M109 howitzer sold; or 

4 ‘‘(II) to procure or upgrade 

5 M109-based vehicles, including resup6 ply and command and control vehi7 cles. 

8 ‘‘(ii) Such amounts shall be available 

9 for obligation in the fiscal year following 

10 the fiscal year in which they are received, 

11 and for three years thereafter. 

12 ‘‘(iii) The authority of this subpara13 graph shall expire on September 30, 

14 2012.’’. 

15 Subtitle B—Naval Vessels and 

16 Shipyards 

17 SEC. 1011. AUTHORITY TO REQUEST TRANSFER TO FOR18 EIGN NATIONS BY VESSEL CLASS. 

19 Section 7307(a) of title 10, United States Code, is 

20 amended by inserting ‘‘or vessel of that class’’ after ‘‘that 

21 vessel’’. 


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1 Subtitle C—Counter-Drug 

2 Activities 

3 SEC. 1021. EXTENSION OF AUTHORITY TO PROVIDE DE4 PARTMENT OF DEFENSE SUPPORT FOR 

5 COUNTER-DRUG ACTIVITIES OF OTHER GOV6 ERNMENTAL AGENCIES. 

7 Section 1004(a) of the National Defense Authoriza8 tion Act for Fiscal Year 1991 (Public Law 101–510; 10 

9 U.S.C. 374 note), as amended by section 1021 of the Na10 tional Defense Authorization Act for Fiscal Year 2002 

11 (Public Law 107–107; 115 Stat. 1212), is further amend12 ed by striking ‘‘2002 through 2006’’ and inserting ‘‘2006 

13 through 2011’’. 

14 SEC. 1022. USE OF FUNDS FOR UNIFIED COUNTERDRUG 

15 AND COUNTERTERRORISM CAMPAIGN IN CO16 LOMBIA. 

17 Section 1021 of the Ronald W. Reagan National De18 fense Authorization Act for Fiscal Year 2005 (Public Law 

19 108–375; 118 Stat. 2042) is amended— 

20 (1) in subsection (a)(1), by striking ‘‘2005 and 

21 2006’’ and inserting ‘‘2007 and 2008’’; and 

22 (2) in subsection (c), by striking ‘‘2005 and 

23 2006’’ and inserting ‘‘2007 and 2008’’. 


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1 SEC. 1023. EXPANSION AND EXTENSION OF AUTHORITY TO 

2 PROVIDE ADDITIONAL SUPPORT FOR 

3 COUNTER DRUG ACTIVITIES. 

4 (a) NATIONAL DEFENSE AUTHORIZATION ACT FOR

5 FISCAL YEAR 1997.—Section 1033 of the National De6 fense Authorization Act for Fiscal Year 1998 (Public Law 

7 105–85; 111 Stat. 1881), as amended by section 1021 of 

8 the National Defense Authorization Act for Fiscal Year 

9 2004, (Public Law 108–136, 117 Stat. 1593) is further 

10 amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1), by striking ‘‘shall 

13 consult with’’ and inserting ‘‘will seek concur14 rence of ’’; and 

15 (B) in paragraph (2), by striking ‘‘2006’’ 

16 and inserting ‘‘2011’’; 

17 (2) in subsection (b), by adding at the end of 

18 the following new paragraphs: 

19 ‘‘(10) The Government of Azerbaijan. 

20 ‘‘(11) The Government of Kazakhstan. 

21 ‘‘(12) The Government of Kyrgyzstan. 

22 ‘‘(13) The Government of Niger. 

23 ‘‘(14) The Government of Mauritania. 

24 ‘‘(15) The Government of Mali. 

25 ‘‘(16) The Government of Chad. 

26 ‘‘(17) The Government of Indonesia. 


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1 ‘‘(18) The Government of Philippines. 

2 ‘‘(19) The Government of Thailand. 

3 ‘‘(20) The Government of Malaysia. 

4 ‘‘(21) The Government of Guatemala. 

5 ‘‘(22) The Government of Belize. 

6 ‘‘(23) The Government of Panama.’’. 

7 (3) in subsection (c)(2), by inserting ‘‘, vehicles, 

8 aircraft, and detection, interception, monitoring and 

9 testing equipment’’ after ‘‘boats’’; and 

10 (4) in subsection (e)(2)— 

11 (A) by striking ‘‘$40,000,000’’ and insert12 ing ‘‘$80,000,000’’; and 

13 (B) by striking ‘‘2006’’ and inserting 

14 ‘‘2011’’. 

15 (b) NATIONAL DEFENSE AUTHORIZATION ACT FOR

16 FISCAL YEAR 1997.—Section 1031(b) of the National De17 fense Authorization Act for Fiscal Year 1997 (Public Law 

18 104–201; 110 Stat. 2637) is amended— 

19 (1) by amending paragraph (3) to read as fol20 lows: 

21 ‘‘(3) The transfer of nonlethal components, ac22 cessories, attachments, parts (including ground sup23 port equipment), firmware, and software, and re24 lated repair equipment related to the equipment in 

25 paragraph (2).’’; and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(5) The sustainment, including individual and 

4 crew served weapons and ammunition, of 

5 counterdrug security forces.’’. 

6 SEC. 1024. DEPARTMENT OF DEFENSE SUPPORT FOR 

7 COUNTER DRUG ACTIVITIES. 

8 Section 1021(a) of the National Defense Authoriza9 tion Act for Fiscal Year 2002 (Public Law 107–107; 115 

10 Stat. 1212), is amended by striking ‘‘2002 through 2006’’ 

11 and inserting ‘‘2007 through 2011’’. 

12 Subtitle D—Matters Related to 

13 Homeland Security 

14 SEC. 1031. DUTIES RELATING TO DEFENSE AGAINST WEAP15 ONS OF MASS DESTRUCTION. 

16 Section 12310(c)(1) of title 10, United States Code, 

17 is amended— 

18 (1) by striking ‘‘or’’ at the end of subparagraph 

19 (A); 

20 (2) by striking the period at the end of sub21 paragraph (B) and inserting ‘‘; or’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(C) the intentional or unintentional re25 lease of nuclear, biological, radiological, or toxic 


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1 or poisonous chemical materials likely to result 

2 in catastrophic loss of life or property.’’. 

3 SEC. 1032. REPEAL OF CERTAIN LAWS PERTAINING TO THE 

4 JOINT COMMITTEE FOR THE REVIEW OF 

5 COUNTERPROLIFERATION PROGRAMS. 

6 (a) JOINT COMMITTEE FOR THE REVIEW OF

7 COUNTERPROLIFERATION PROGRAMS OF THE UNITED

8 STATES.—Section 1605 of the National Defense Author9 ization Act for Fiscal Year 1994 (title XVI of Public Law 

10 103–160; 22 U.S.C. 2751 note) is repealed. 

11 (b) REPORTS ON COUNTERPROLIFERATION ACTIVI12 TIES AND PROGRAMS.—Section 1503 of the National De13 fense Authorization Act for Fiscal Year 1995 (title XV 

14 of Public Law 103–337; 22 U.S.C. 2751 note) is repealed. 

15 SEC. 1033. EXPANSION OF OPERATIONS OF CIVIL SUPPORT 

16 TEAMS. 

17 (a) IN GENERAL.—Section 12310(c) of title 10, 

18 United States Code, is amended— 

19 (1) in paragraph (1)— 

20 (A) by amending subparagraph (A) to read 

21 as follows: 

22 ‘‘(A) the use or threatened use of a weapon of 

23 mass destruction (as defined in section 12304(i)(2) 

24 of this title) in the United States, Canada, or the 

25 United Mexican States;’’; 


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1 (B) in subparagraph (B)— 

2 (i) by inserting ‘‘, in Canada, or the 

3 United Mexican States’’ after ‘‘United 

4 States’’; and 

5 (ii) by striking the period at the end 

6 and inserting a semicolon; and 

7 (C) by adding at the end the following new 

8 subparagraphs: 

9 ‘‘(C) the intentional or unintentional release of 

10 nuclear, biological, radiological, or toxic or poisonous 

11 chemical materials in the United States, Canada, or 

12 the United Mexican States that results, or could re13 sult, in catastrophic loss of life or property; or 

14 ‘‘(D) a natural or manmade disaster in the 

15 United States, Canada, or the United Mexican 

16 States that results, or could result, in catastrophic 

17 loss of life or property.’’; 

18 (2) by amending paragraph (3) to read as fol19 lows: 

20 ‘‘(3)(A) A Reserve may perform duties described in 

21 subparagraphs (1)(A), (1)(B), and (1)(C)— 

22 ‘‘(i) only while assigned to a reserve component 

23 civil support team; and 


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1 ‘‘(ii) if performing those duties in Canada or 

2 the United Mexican States, only after being ordered 

3 to active duty under this title. 

4 ‘‘(B) A Reserve may perform the duties described in 

5 subparagraph (1)(D)— 

6 ‘‘(i) only while assigned to a reserve component 

7 civil support team; 

8 ‘‘(ii) only with the approval of the Secretary of 

9 Defense; and 

10 ‘‘(iii) if performing those duties in Canada or 

11 the United Mexican States, only after being ordered 

12 to active duty under this title. 

13 ‘‘(C) Any duties described in paragraph (1) that are 

14 performed in Canada or the United Mexican States may 

15 occur, with consultation of the Secretary of State, at any 

16 distance beyond the United States borders with those 

17 countries as appropriate authorities in those countries 

18 may consent.’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(7) In this subsection, the term ‘United States’ 

22 means each of the several States, the District of Columbia, 

23 Puerto Rico, Guam, and the Virgin Islands.’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

25 Such subsection is further amended— 


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1 (1) by amending the heading to read as follows: 

2 ‘‘(c) OPERATIONS RELATING TO DEFENSE AGAINST

3 WEAPONS OF MASS DESTRUCTION, TERRORIST ATTACKS, 

4 AND NATURAL OR MANMADE DISASTERS.—’’; 

5 (2) in paragraph (5), by striking ‘‘rapid assess6 ment element team’’ and inserting ‘‘civil support 

7 team’’; and 

8 (3) in paragraph (6)(B), by striking ‘‘para9 graph (3)(B)’’ and inserting ‘‘paragraph (3)’’. 

10 Subtitle E—Other Matters 

11 SEC. 1041. HARMONIZING THE DEFINITION OF NATIONAL 

12 SECURITY SYSTEM WITHIN THE DEPART13 MENT OF DEFENSE. 

14 (a) DEFENSE BUSINESS SYSTEMS.—Section 

15 2222(j)(6) of title 10, United States Code, is amended by 

16 striking ‘‘in section 2315 of this title’’ and inserting ‘‘by 

17 section 3542(b)(2) of title 44’’. 

18 (b) INFORMATION TECHNOLOGY.—Section 

19 2223(c)(3) of such title is amended by striking ‘‘section 

20 11103 of title 40’’ and inserting ‘‘section 3542(b)(2) of 

21 title 44’’. 

22 (c) PROCUREMENT OF AUTOMATIC DATA PROC23 ESSING EQUIPMENT AND SERVICES.—Section 2315 of 

24 such title is amended to read as follows: 


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1 ‘‘For the purposes of subtitle III of title 40, the term 

2 ‘national security systems’ has the meaning given that 

3 term by section 3542(b)(2) of title 44.’’. 

4 SEC. 1042. AMENDMENT TO DELEGATION AUTHORITY FOR 

5 ASSISTANCE IN COMBATING TERRORISM. 

6 Section 127b of title 10, United States Code, is 

7 amended— 

8 (1) in subsection (c)— 

9 (A) in paragraph (1)(B), by inserting ‘‘, or 

10 to a subcombatant commander designated by a 

11 combatant commander and approved by the 

12 designated Under Secretary of Defense under 

13 subparagraph (A)’’ after ‘‘combatant com14 mand’’; and 

15 (B) in paragraph (2), by striking ‘‘$2,500’’ 

16 and inserting ‘‘$10,000’’; and 

17 (2) in subsection (f)(2)(C)— 

18 (A) by inserting ‘‘and’’ at the end of clause 

19 (i); 

20 (B) by striking clause (ii); and 

21 (C) by redesignating clause (iii) as clause 

22 (ii). 


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1 SEC. 1043. DEFENSE ECONOMIC ADJUSTMENT PROGRAM: 

2 RESEARCH AND TECHNICAL ASSISTANCE. 

3 Section 2391 of title 10, United States Code, is 

4 amended by inserting after subsection (b) the following 

5 new subsection (c): 

6 ‘‘(c) RESEARCH AND TECHNICAL ASSISTANCE.—(1) 

7 The Secretary of Defense may make grants, conclude co8 operative agreements, and enter into contracts in order 

9 to conduct research and technical assistance in support 

10 of activities under this section or Executive Order 12788, 

11 as amended. 

12 ‘‘(2) A grant, cooperative agreement, or contract 

13 under this subsection may be with or to a Federal agency, 

14 a State or local government, or any private entity.’’. 

15 SEC. 1044. CLARIFICATION OF GOVERNMENT STANDING 

16 UNDER THE LANHAM ACT TO TAKE A CIVIL 

17 ACTION FOR FALSE DESIGNATIONS OF ORI18 GIN, FALSE DESCRIPTIONS AND FALSE REP19 RESENTATIONS. 

20 Section 43(a) of the Trademark Act of 1946 (15 

21 U.S.C. 1125(a)) is amended— 

22 (1) in paragraph (1), by striking ‘‘any person 

23 who believes that he or she is or is likely’’ and in24 serting ‘‘by any person, including the United States 

25 when the United States is a consumer or the owner 


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1 of a trademark, who believes that he, she, or it is 

2 or is likely’’; and 

3 (2) in paragraph (2)— 

4 (A) by inserting ‘‘the United States,’’ after 

5 ‘‘includes’’; and 

6 (B) by striking ‘‘Any’’ and inserting ‘‘The 

7 United States, any’’. 

8 TITLE XI—CIVILIAN PERSONNEL 

9 MATTERS 

10 SEC. 1101. PERMIT CONTINUED APPLICATION OF SENIOR 

11 EXECUTIVE SERVICE PROVISIONS FOR CER12 TAIN NONCAREER SENIOR EXECUTIVE SERV13 ICE MEMBERS AND CHIEFS OF MISSION 

14 AFTER APPOINTMENT TO NON-SENIOR EXEC15 UTIVE SERVICE OR CHIEF OF MISSION POSI16 TIONS. 

17 (a) SENIOR EXECUTIVE SERVICE.—Section 3392(c) 

18 of title 5, United States Code, is amended— 

19 (1) in paragraph (1)— 

20 (A) by inserting ‘‘, or a noncareer ap21 pointee who has served under a noncareer ap22 pointment for at least 180 days without a break 

23 in service,’’ after ‘‘a career appointee’’; and 


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1 (B) by striking ‘‘the career appointee’’ 

2 both places it appears and inserting ‘‘the career 

3 or noncareer appointee’’; 

4 (2) in paragraph (2), by inserting ‘‘, or any 

5 noncareer appointee who has served under a non6 career appointment for at least 180 days without a 

7 break in service,’’ after ‘‘any career appointee’’; and 

8 (3) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) An employee who makes an election under 

11 paragraph (1) or (2) will be subject to the provisions 

12 of section 207(c)(2)(i) of title 18.’’. 

13 (b) CHEIF OF MISSION.—Section 302 of the Foreign 

14 Service Act of 1980 (22 U.S.C. 3942), is amended by add15 ing at the end the following new subsection: 

16 ‘‘(c) If a chief of mission who has served under an 

17 appointment pursuant to subsection (a)(1) for at least 180 

18 days without a break in service is appointed by the Presi19 dent, by and with the advice and consent of the Senate, 

20 to a civilian position in the executive branch which is not 

21 in the Senior Executive Service, or a subsequent appoint22 ment pursuant to subsection (a)(1), and the rate of basic 

23 pay payable for which is equal to or greater than the rate 

24 payable for level V of the Executive Schedule, the ap25 pointee may elect to continue to have the provisions of 


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1 section 401 apply as if the appointee remained in the chief 

2 of mission position from which he was appointed. Such 

3 provisions shall apply in lieu of the provisions which would 

4 otherwise apply so long as the appointee continues to serve 

5 under such Presidential appointment.’’. 

6 SEC. 1102. PAYMENT OF FULL REPLACEMENT VALUE FOR 

7 PERSONAL PROPERTY CLAIMS OF CIVILIANS. 

8 Section 2636a(a) of title 10, United States Code, is 

9 amended by inserting ‘‘and Department of Defense civil10 ian employees’’ after ‘‘members of the armed forces’’. 

11 SEC. 1103. FLEXIBILITY IN PAYING ANNUITY TO FEDERAL 

12 RETIREES WHO RETURN TO WORK. 

13 Section 9902(j) of title 5, United States Code, is 

14 amended to read as follows: 

15 ‘‘(j) PROVISIONS RELATING TO REEMPLOYMENT.— 

16 (1) The Secretary of Defense may, under procedures and 

17 criteria prescribed under paragraph (2), waive the applica18 tion of the provisions of section 8344 or 8468 of this title 

19 on a case-by-case or group basis for employment of an 

20 annuitant in a position in the Department of Defense. 

21 ‘‘(2) The Secretary shall prescribe procedures for the 

22 exercise of any authority under this subsection, including 

23 criteria for any exercise of authority and procedures for 

24 a delegation of authority. 


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1 ‘‘(3) An employee as to whom a waiver under this 

2 subsection is in effect shall not be considered an employee 

3 for purposes of subchapter III of chapter 83, or chapter 

4 84 of this title.’’. 

5 SEC. 1104. REPEAL OF LIMITATION ON APPOINTMENT OF 

6 RETIRED MEMBERS OF THE ARMED FORCES 

7 TO POSITIONS IN THE DEPARTMENT OF DE8 FENSE. 

9 Section 3326 of title 5, United States Code, is re10 pealed. 

11 SEC. 1105. EXPAND POOL OF JOBS THAT COUNT FOR CRED12 IT UNDER SERVICE AGREEMENTS REQUIRED 

13 BY THE NATIONAL SECURITY EDUCATION 

14 PROGRAM. 

15 Section 802(b)(2) of the David L. Boren National Se16 curity Education Act of 1991 (50 U.S.C. 1902(b)(2)) is 

17 amended to read as follows: 

18 ‘‘(2)(A) will begin work not later than three 

19 years after the recipient’s completion of degree study 

20 during which scholarship assistance was provided 

21 under the program, in accordance with regulations 

22 issued by the Secretary of Defense, in coordination 

23 with the relevant Executive departments and agen24 cies— 


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1 ‘‘(i) for no less than one year in a position 

2 certified by the Secretary of Defense, in coordi3 nation with the Secretaries of State and Home4 land Security and the Director of National In5 telligence, as appropriate, as contributing to 

6 U.S. national security in the Department of De7 fense, any element of the Intelligence Commu8 nity, the Department of Homeland Security, or 

9 the Department of State; 

10 ‘‘(ii) for no less than one year in a position 

11 in a Federal agency or office that is identified 

12 by the Secretary under subsection (g) of this 

13 section as having national security responsibil14 ities if the recipient demonstrates to the Sec15 retary that no position is available in the agen16 cies set forth in clause (i); or 

17 ‘‘(iii) for no less than one academic year in 

18 a position in the field of education in a dis19 cipline related to the study supported by Na20 tional Security Education Program if the recipi21 ent demonstrates to the Secretary that no posi22 tion is available in the entities set forth in 

23 clauses (i) or (ii); or 

24 ‘‘(B) will begin work not later than two years 

25 after the recipient’s completion or termination of 


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1 study for which fellowship assistance was provided 

2 under the program, in accordance with regulations 

3 issued by the Secretary of Defense, in coordination 

4 with the relevant Executive departments and agen5 cies— 

6 ‘‘(i) for no less than one year in a position 

7 certified by the Secretary of Defense, in coordi8 nation with the Secretaries of State and Home9 land Security and the Director of National In10 telligence, as appropriate, as contributing to 

11 U.S. national security in the Department of De12 fense, any element of the Intelligence Commu13 nity, the Department of Homeland Security, or 

14 the Department of State; 

15 ‘‘(ii) for no less than one year in a position 

16 in a Federal agency or office that is identified 

17 by the Secretary under subsection (g) of this 

18 section as having national security responsibil19 ities if the recipient demonstrates to the Sec20 retary that no position is available in the agen21 cies set forth in clause (i); or 

22 ‘‘(iii) for no less than one academic year in 

23 a position in the field of education in a dis24 cipline related to the study supported by Na25 tional Security Education Program if the recipiVerDate Aug 31 2005 00:17 Apr 19, 2006 Jkt 049200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S2507.IS S2507

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1 ent demonstrates to the Secretary that no posi2 tion is available in the entities set forth in 

3 clauses (i) or (ii).’’. 

4 TITLE XII—MATTERS RELATING 

5 TO FOREIGN NATIONS 

6 Subtitle A—Assistance and 

7 Training 

8 SEC. 1201. LOGISTIC SUPPORT OF ALLIED FORCES FOR 

9 COMBINED OPERATIONS. 

10 (a) IN GENERAL.—Chapter 3 of title 10, United 

11 States Code, is amended by inserting after section 127b 

12 the following new section: 

13 ‘‘§ 127c. Logistic support of allied forces for combined 

14 operations 

15 ‘‘(a) AUTHORITY.—The Secretary of Defense, with 

16 the concurrence of the Secretary of State, subject to the 

17 limitations of subsections (b) and (c) and notwithstanding 

18 any other provision of law, may use funds available to the 

19 Department of Defense for operations and maintenance 

20 to provide logistic support, supplies, and services, as de21 fined in section 2350(1) of this title, to allied forces par22 ticipating in combined operations with the armed forces 

23 of the United States. 

24 ‘‘(b) LIMITATIONS.—The authority conferred in sub25 section (a) is limited to— 


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1 ‘‘(1) combined operations during a period of ac2 tive hostilities, a contingency, or a non-combat oper3 ation (including operations in support of the provi4 sion of humanitarian or foreign disaster assistance, 

5 country stabilization operations, or peacekeeping op6 erations under chapter VI or VII of the Charter of 

7 the United Nations); and 

8 ‘‘(2) circumstances in which the Secretary of 

9 Defense determines the allied forces to be provided 

10 logistic support, supplies, and services under this 

11 section are essential to the success of the combined 

12 operation, and would not be able to participate in 

13 the combined operation but for the provision of such 

14 logistic support, supplies, and services. 

15 ‘‘(c) LIMITATION ON VALUE.—The value of logistic 

16 support, supplies, and services (including airlift and sea17 lift) provided under this section may not exceed 

18 $100,000,000 in any fiscal year. A maximum of an addi19 tional $20,000,000 per year may be provided during the 

20 periods in subsection (b) or at other times to allied forces 

21 to ensure interoperability of their logistical support sys22 tems with those of the United States to facilitate future 

23 combined operations.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of such chapter is amended by inserting 


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1 after the item relating to section 127b the following new 

2 item: 

‘‘127c. Logistic support of allied forces for combined operations.’’. 

3 SEC. 1202. CHANGE TO ACQUISITION AND CROSS SERV4 ICING AGREEMENTS DEFINITION TO ALLOW 

5 LOAN OF SIGNIFICANT MILITARY EQUIP6 MENT. 

7 Section 2350(1) of title 10, United States Code, is 

8 amended by inserting before the period at the end the fol9 lowing: ‘‘, except that such items of significant military 

10 equipment may be provided for temporary use, not to ex11 ceed one year, to armed forces of nations participating in 

12 combined operations with United States Forces for per13 sonnel protection or to aid in personnel survivability, if 

14 the Secretary of Defense, with the concurrence of the Sec15 retary of State, determines in writing that it is in the best 

16 interests of the United States to provide such support’’. 

17 SEC. 1203. EXPANSION OF HUMANITARIAN AND CIVIC AS18 SISTANCE TO INCLUDE DEVELOPING COMMU19 NICATIONS AND INFORMATION CAPACITY. 

20 Section 401 of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (c), by adding at the end the 

23 following new paragraph: 

24 ‘‘(5) Expenses covered by paragraph (1) include com25 munications or information systems equipment or supplies 


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1 that are to be transferred or otherwise furnished to a for2 eign country in furtherance of the provision of assistance 

3 under this section.’’; and 

4 (2) in subsection (e), by adding at the end the 

5 following new paragraph: 

6 ‘‘(6) Restoring or developing the capacity of the host 

7 nation’s information and communications technology 

8 where required to support other humanitarian and civic 

9 assistance currently being provided, including activities re10 lating to the furnishing of education, training, and tech11 nical assistance with respect to information and commu12 nications technology.’’. 

13 Subtitle B—Reports 

14 SEC. 1211. RELIEF OF REQUIREMENT TO SUBMIT CERTAIN 

15 ANNUAL REPORTS TO CONGRESS REGARD16 ING ALLIED CONTRIBUTIONS TO THE COM17 MON DEFENSE. 

18 (a) REPEAL OF CERTAIN REPORTS ON ALLIED CON19 TRIBUTIONS TO THE COMMON DEFENSE.—Section 1003 

20 of the Department of Defense Authorization Act, 1985 

21 (Public Law 98–525; 98 Stat. 2576) is amended by strik22 ing subsections (c) and (d). 

23 (b) REPEAL OF COST-SHARING REPORT.—Section 

24 1313 of the National Defense Authorization Act for Fiscal 


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1 Year 1995 (Public Law 103–337; 108 Stat. 2894) is 

2 amended— 

3 (1) by striking subsection (c); and 

4 (2) by redesignating subsections (d) and (e) as 

5 subsections (c) and (d), respectively. 

6 Subtitle C—Other Matters 

7 SEC. 1221. EXCLUSION OF PETROLEUM, OIL AND LUBRI8 CANTS FROM THE LIMITATIONS ON THE 

9 AMOUNT OF LIABILITIES THE UNITED 

10 STATES MAY ACCRUE UNDER ACQUISITION 

11 AND CROSS-SERVICING AGREEMENTS. 

12 Section 2347 of title 10, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(d) The monetary limitations contained in this sec16 tion shall not apply to the sale, purchase or exchange of 

17 petroleum, oil and lubricants.’’. 


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1 TITLE XIII—COOPERATIVE 

2 THREAT REDUCTION WITH 

3 STATES OF THE FORMER SO4 VIET UNION 

5 SEC. 1301. TEMPORARY AUTHORITY TO WAIVE LIMITATION 

6 FUNDING FOR CHEMICAL WEAPONS DE7 STRUCTION FACILITY IN RUSSIA. 

8 Section 1303(b) of the Ronald W. Reagan National 

9 Defense Authorization Act for Fiscal Year 2005 (Public 

10 Law 108–375; 118 Stat. 2094) is amended by striking 

11 ‘‘shall expire on December 31, 2006, and no waiver shall 

12 remain in effect after that date’’ and inserting ‘‘shall ex13 pire upon completion of the chemical weapons destruction 

14 facility currently under construction’’. 

15 DIVISION B—MILITARY CON16 STRUCTION AUTHORIZA17 TIONS 

18 SEC. 2001. SHORT TITLE. 

19 This division may be cited as the ‘‘Military Construc20 tion Authorization Act for Fiscal Year 2007’’. 

21 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

22 ACQUISITION PROJECTS. 

23 (a) INSIDE THE UNITED STATES.—Using amounts 

24 appropriated pursuant to the authorization of appropria25 tions in section 2104(a)(1), the Secretary of the Army 


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1 may acquire real property and carry out military construc2 tion projects for the installations or locations inside the 

3 United States, and in the amounts set forth in the fol4 lowing table: 

Army: Inside the United States 

State Installation or location Amount 

Alaska ...................... Fort Richardson ........................... $72,300,000 

California ................ Fort Irwin .................................... $10,000,000 

Colorado .................. Fort Carson .................................. $24,000,000 

Georgia .................... Fort Gillem .................................. $15,000,000 

Fort Stewart/Hunter Army Air 

Field.

$95,300,000 

Hawaii ..................... Schofield Barracks ....................... $54,500,000 

Kansas ..................... Fort Leavenworth ........................ $15,000,000 

Fort Riley ..................................... $37,200,000 

Kentucky ................. Blue Grass Army Depot ............... $3,500,000 

Fort Campbell .............................. $115,400,000 

Missouri ................... Fort Leonard Wood ..................... $17,000,000 

New York ................ Fort Drum ................................... $209,200,000 

North Carolina ........ Fort Bragg ................................... $89,000,000 

Sunny Point (Military Ocean Terminal).$46,000,000 

Oklahoma ................ McAlester Army Ammunition 

Plant.

$3,050,000 

Texas ....................... Fort Hood .................................... $75,000,000 

Utah ........................ Dugway Proving Ground ............. $14,400,000 

Virginia ................... Fort Belvoir ................................. $58,000,000 

Washington ............. Fort Lewis .................................... $502,600,000 

Total ..................................... $1,456,450,000 

5 (b) OUTSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2104(a)(2), the Secretary of the Army 

8 may acquire real property and carry out military construc9 tion projects for the installations or locations outside the 

10 United States, and in the amounts set forth in the fol11 lowing table: 


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Army: Outside the United States 

Country Installation or location Amount 

Germany ................... Grafenwoehr ................................... $157,632,000 

Vilseck ............................................ $19,000,000 

Italy .......................... Vicenza ........................................... $223,000,000 

Japan ........................ Okinawa .......................................... $7,150,000 

Korea ........................ Camp Humphreys ........................... $77,000,000 

Yongpyong ...................................... $7,400,000 

Total ....................................... $491,182,000 

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(3), the Secretary of the Army 

4 may acquire real property and carry out military construc5 tion projects for unspecified installations or locations in 

6 the amount set forth in the following table: 

Army: Unspecified Worldwide 

Location Installation or location Amount 

Classified ................... Unspecified Worldwide ................... $34,800,000 

Total ....................................... $34,800,000 

7 SEC. 2102. FAMILY HOUSING. 

8 (a) CONSTRUCTION AND ACQUISITION.—Using 

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(6)(A), the Secretary of the 

11 Army may construct or acquire family housing units (in12 cluding land acquisition and supporting facilities) at the 

13 installations or locations, for the purposes, and in the 

14 amounts set forth in the following table: 


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Army: Family Housing 

State Installation or location Purpose Amount 

Alaska ......... Fort Richardson .............. 162 Units ....... $70,000,000 

Fort Wainwright ............. 234 Units ....... $132,000,000 

Arizona ........ Fort Huachuca ................ 119 Units ....... $32,000,000 

Arkansas ..... Pine Bluff Arsenal .......... 10 Units ......... $2,900,000 

Wisconsin .... Fort McCoy ..................... 13 Units ......... $4,900,000 

Total ....... $241,800,000 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2104(a)(6)(A), the Secretary of the Army may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of family housing units in an amount not 

7 to exceed $16,332,000. 

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2104(a)(6)(A), 

13 the Secretary of the Army may improve existing military 

14 family housing units in an amount not to exceed 

15 $336,859,000. 

16 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for fiscal years 

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1 struction, land acquisition, and military family housing 

2 functions of the Department of the Army in the total 

3 amount of $3,331,582,000 as follows: 

4 (1) For military construction projects inside the 

5 United States authorized by section 2101(a), 

6 $1,150,450,000. 

7 (2) For military construction projects outside 

8 the United States authorized by section 2101(b), 

9 $491,182,000. 

10 (3) For the military construction projects at 

11 unspecified worldwide locations authorized by section 

12 2101(c), $34,800,000. 

13 (4) For unspecified minor military construction 

14 projects authorized by section 2805 of title 10, 

15 United States Code, $23,000,000. 

16 (5) For architectural and engineering services 

17 and construction design under section 2807 of title 

18 10, United States Code, $212,830,000. 

19 (6) For military family housing functions: 

20 (A) For construction and acquisition, plan21 ning and design, and improvement of military 

22 family housing and facilities, $594,991,000. 

23 (B) For support of military family housing 

24 (including the functions described in section 


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1 2833 of title 10, United States Code), 

2 $676,829,000. 

3 (7) For the construction of increment 2 of a 

4 barracks complex at Fort Drum, New York, author5 ized by section 2101(a) of the Military Construction 

6 Authorization Act for Fiscal Year 2006 (division B 

7 of Public Law 109–163; 119 Stat. 3485), 

8 $16,500,000. 

9 (8) For the construction of increment 2 of a 

10 barracks complex at Fort Bragg, North Carolina, 

11 authorized by section 2101(a) of the Military Con12 struction Authorization Act for Fiscal Year 2006 

13 (division B of Public Law 109–163; 119 Stat. 

14 3485), $37,000,000. 

15 (9) For the construction of increment 2 of a 

16 barracks complex at Fort Bragg, North Carolina, 

17 authorized by section 2101(a) of the Military Con18 struction Authorization Act for Fiscal Year 2006 

19 (division B of Public Law 109–163; 119 Stat. 

20 3485), $50,000,000. 

21 (10) For the construction of increment 2 of a 

22 barracks complex at Fort Bragg, North Carolina, 

23 authorized by section 2101(a) of the Military Con24 struction Authorization Act for Fiscal Year 2006 


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1 (division B of Public Law 109–163; 119 Stat. 

2 3485), $31,000,000. 

3 (11) For the construction of phase 2 of the De4 fense Access Road at Fort Belvoir, Virginia, author5 ized by section 2101(a) of the Military Construction 

6 Authorization Act for Fiscal Year 2006 (division B 

7 of Public Law 109–163; 119 Stat. 3486), 

8 $13,000,000. 

9 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

10 PROJECTS.—Notwithstanding the cost variations author11 ized by section 2853 of title 10, United States Code, and 

12 any other cost variation authorized by law, the total cost 

13 of all projects carried out under section 2101 of this Act 

14 may not exceed the sum of the following: 

15 (1) The total amount authorized to be appro16 priated under paragraphs (1), (2), and (3) of sub17 section(a). 

18 (2) $306,000,000 (the balance of the amount 

19 authorized under section 2101(a) for construction of 

20 a Brigade Complex for Fort Lewis, Washington). 

21 TITLE XXII—NAVY 

22 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

23 ACQUISITION PROJECTS. 

24 (a) INSIDE THE UNITED STATES.—Using amounts 

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1 tions in section 2204(a)(1), the Secretary of the Navy may 

2 acquire real property and carry out military construction 

3 projects for the installations or locations inside the United 

4 States, and in the amounts set forth in the following table: 

Navy: Inside the United States 

State Installation or location Amount 

Arizona ...................... Marine Corps Air Station, Yuma ... $5,966,000 

California .................. Marine Corps Base, Camp Pendleton.$112,554,000 

Miramar .......................................... $2,968,000 

North Island ................................... $21,535,000 

Twentynine Palms .......................... $8,217,000 

Florida ...................... Naval Air Station, Pensacola ......... $13,486,000 

Georgia ...................... Marine Corps Logistics Base, Albany.$62,000,000 

Navy Submarine Base, Kings Bay $20,282,000 

Hawaii ....................... Naval Base, Pearl Harbor .............. $48,338,000 

Maryland ................... Naval Air Station, Patuxent River $16,316,000 

Suitland .......................................... $11,780,000 

North Carolina .......... Marine Corps Air Station, New 

River.

$21,500,000 

Marine Corps Base, Camp Lejeune $160,904,000 

South Carolina .......... Marine Corps Air Station, Beaufort $22,225,000 

Virginia ..................... Marine Corps Base, Quantico ........ $30,628,000 

Naval Station, Norfolk ................... $75,476,000 

Washington ............... Naval Air Station, Whidbey Island $57,653,000 

Naval Submarine Base, Bangor ..... $13,507,000 

Total ....................................... $705,335,000 

5 (b) OUTSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2204(a)(2), the Secretary of the Navy may 

8 acquire real property and carry out military construction 

9 projects for the installation or location outside the United 

10 States, and in the amount set forth in the following table: 


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Navy: Outside the United States 

Country Installation or location Amount 

Diego Garcia ............. Diego Garcia ................................... $37,473,000 

Italy .......................... Sigonella ......................................... $13,051,000 

Total ....................................... $50,524,000 

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(3), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for unspecified installations or locations in the 

6 amount set forth in the following table: 

Navy: Unspecified Worldwide 

Location Installation or location Amount 

Various Locations ..... Helicopter Support Facility ............ $12,185,000 

Hockmuth Hall Addition ................ $1,400,000 

Total ....................................... $13,585,000 

7 SEC. 2202. FAMILY HOUSING. 

8 (a) CONSTRUCTION AND ACQUISITION.—Using 

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2204(a)(6)(A), the Secretary of the 

11 Navy may construct or acquire family housing units (in12 cluding land acquisition and supporting facilities) at the 

13 installations or locations, for the purposes and in the 

14 amount set forth in the following table: 


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Navy: Family Housing 

State Installation or location Purpose Amount 

California .... Marine Corps Logistics 

Base Barstow.

74 Units ......... $27,851,000 

Guam ........... Naval Station, Guam ...... 176 Units ....... $98,174,000 

Total ....... $126,025,000 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2204(a)(6)(A), the Secretary of the Navy may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of family housing units in an amount not 

7 to exceed $2,600,000. 

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2204(a)(6)(A), 

13 the Secretary of the Navy may improve existing military 

14 family housing units in an amount not to exceed 

15 $176,446,000. 

16 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for fiscal years 

19 beginning after September 30, 2006, for military con20 struction, land acquisition, and military family housing 


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1 functions of the Department of the Navy in the total 

2 amount of $2,085,371,000, as follows: 

3 (1) For military construction projects inside the 

4 United States authorized by section 2201(a), 

5 $814,471,000. 

6 (2) For military construction projects outside 

7 the United States authorized by section 2201(b), 

8 $50,524,000. 

9 (3) For military construction projects at un10 specified worldwide locations authorized by section 

11 2201(c), $23,744,000. 

12 (4) For unspecified minor military construction 

13 projects authorized by section 2805 of title 10, 

14 United States Code, $8,939,000. 

15 (5) For architectural and engineering services 

16 and construction design under section 2807 of title 

17 10, United States Code, $67,861,000. 

18 (6) For military family housing functions: 

19 (A) For construction and acquisition, plan20 ning and design, and improvement of military 

21 family housing and facilities, $305,071,000. 

22 (B) For support of military family housing 

23 (including functions described in section 2833 

24 of title 10, United States Code), $509,126,000. 


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1 (7) For the construction of incremented heli2 copter hangar replacement at Jacksonville, Florida, 

3 authorized by section 2201(a) of the Military Con4 struction Authorization Act for Fiscal Year 2006 

5 (division B of Public Law 109–163; 119 Stat. 

6 3489), $43,250,000. 

7 (8) For the construction of Alpha/Bravo 

8 wharves improvements at Naval Station Guam, Mar9 ianas Islands, authorized by section 2201(b) of the 

10 Military Construction Authorization Act for Fiscal 

11 Year 2006 (division B of Public Law 109–163; 119 

12 Stat. 3490), $29,772,000. 

13 (9) For the construction of increment 2 of re14 cruit training barracks infrastructure upgrade at 

15 Recruit Training Command, Great Lakes, Illinois, 

16 authorized by section 2201(a) of the Military Con17 struction Authorization Act for Fiscal Year 2006 

18 (division B of Public Law 109–163; 119 Stat. 

19 3490), $23,589,000. 

20 (10) For the construction of increment 2 of the 

21 Wesley Brown Field House at the United States 

22 Naval Academy, Annapolis, Maryland, authorized by 

23 section 2201(a) of the Military Construction Author24 ization Act of Fiscal Year 2006 (division B of Public 

25 Law 109–163; 119 Stat. 3490), $26,685,000. 


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1 (11) For the construction of increment 2 of 

2 wharf upgrades at Yokosuka, Japan, authorized by 

3 section 2201(b) of the Military Construction Author4 ization Act of Fiscal Year 2006 (division B of Public 

5 Law 109–163; 119 Stat. 3490), $44,360,000. 

6 (12) For the construction of increment 2 of the 

7 ship repair pier 3 replacement at Naval Station Nor8 folk, Virginia, authorized by section 2201(a) of the 

9 Military Construction Authorization Act of Fiscal 

10 Year 2006 (division B of Public Law 109–163; 119 

11 Stat. 3490), $30,939,000. 

12 (13) For the construction of increment 2 of the 

13 Bachelor Enlisted Quarters Homeport Ashore Pro14 gram at Naval Station Everett, Washington, author15 ized by section 2201(a) of the Military Construction 

16 Authorization Act of Fiscal Year 2006 (division B of 

17 Public Law 109–163; 119 Stat. 3490), $20,917,000. 

18 (14) For the construction of phase 2 of the rec19 lamation/conveyance at Marine Corps Base Camp 

20 Pendleton, California, authorized by section 2201(a) 

21 of the Military Construction Authorization Act of 

22 Fiscal Year 2006 (division B of Public Law 109– 

23 163; 119 Stat. 3490), $33,290,000. 

24 (15) For the construction of the next increment 

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1 ington County, North Carolina, authorized by sec2 tion 2201(a) of the Military Construction Authoriza3 tion Act of Fiscal Year 2005 (division B of Public 

4 Law 108–375; 118 Stat. 2100), $7,926,000. 

5 (16) For the construction of increment 3 of the 

6 limited area production and storage complex at 

7 Naval Submarine Base Bangor, Washington, author8 ized by section 2201(a) of the Military Construction 

9 Authorization Act of Fiscal Year 2005 (division B of 

10 Public Law 108–375; 118 Stat. 2100), $14,274,000. 

11 (17) For the construction of increment 4 of pier 

12 11 replacement at Naval Station Norfolk, Virginia, 

13 authorized by section 2201(a) of the Military Con14 struction Authorization Act for Fiscal Year 2004 

15 (division B of Public Law 108–136; 117 Stat. 

16 1704), $30,633,000. 

17 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

18 CERTAIN FISCAL YEAR 2004 AND 2005 

19 PROJECTS. 

20 (a) FISCAL YEAR 2004 INSIDE THE UNITED STATES

21 PROJECT.—The table in section 2201(a) of the Military 

22 Construction Authorization Act for Fiscal Year 2004 (di23 vision B of Public Law 108–136; 117 Stat. 1704), as 

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1 thorization Act for Fiscal Year 2006 (division B of Public 

2 Law 109–163; 119 Stat. 3492), is further amended— 

3 (1) in the item relating to Various Locations, 

4 CONUS, by striking ‘‘$56,360,000’’ and inserting 

5 ‘‘$193,260,000’’; and 

6 (2) by striking the amount identified as the 

7 total in the amount column and inserting 

8 ‘‘$1,489,424,000’’. 

9 (b) FISCAL YEAR 2005 INSIDE THE UNITED STATES

10 PROJECT.—The table in section 2201(a) of the Military 

11 Construction Authorization Act for Fiscal Year 2005 (di12 vision B of Public Law 108–375; 118 Stat. 2105), as 

13 amended by section 2206 of the Military Construction Au14 thorization Act for Fiscal Year 2006 (division B of Public 

15 Law 109–163; 119 Stat. 3493), is further amended— 

16 (1) by striking the item relating to Navy Out17 lying Landing Field, Washington County; and 

18 (2) by striking the amount identified as the 

19 total in the amount column and inserting 

20 ‘‘$825,479,000’’. 

21 (c) CONFORMING AMENDMENTS.—(1) Section 

22 2204(b)(6) of the Military Construction Authorization Act 

23 for Fiscal Year 2004 (division B of Public Law 108–136; 

24 117 Stat. 1706) is amended by striking ‘‘$28,750,000’’ 

25 and inserting ‘‘$165,650,000’’. 


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1 (2) Section 2204 of the Military Construction Au2 thorization Act for Fiscal Year 2005 (division B of Public 

3 Law 108–375; 118 Stat. 2107) is amended— 

4 (A) in subsection (a), by adding at the end the 

5 following new paragraph: 

6 ‘‘(10) For the construction of increment 2 of 

7 Various Locations, CONUS, authorized by section 

8 2201(a) of the Military Construction Authorization 

9 Act for Fiscal Year 2004 (division B of Public Law 

10 108–136; 117 Stat. 1704), $30,000,000’’; and 

11 (B) in subsection (b), by striking paragraph 

12 (3). 

13 TITLE XXIII—AIR FORCE 

14 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

15 LAND ACQUISITION PROJECTS. 

16 (a) INSIDE THE UNITED STATES.—Using amounts 

17 appropriated pursuant to the authorization of appropria18 tions in section 2304(a)(1), the Secretary of the Air Force 

19 may acquire real property and carry out military construc20 tion projects for the installations or locations inside the 

21 United States, and in the amounts set forth in the fol22 lowing table: 

Air Force: Inside the United States 

State Installation or location Amount 

Alaska ....................... Eielson Air Force Base .................. $38,300,000 

Elmendorf Air Force Base ............. $56,100,000 


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Air Force: Inside the United States—Continued 

State Installation or location Amount 

Arizona ...................... Davis-Monthan Air Force Base ..... $4,600,000 

California .................. Beale Air Force Base ..................... $28,000,000 

Travis Air Force Base .................... $73,900,000 

Colorado .................... Buckley Air Force Base ................. $10,700,000 

Schriever Air Force Base ............... $21,000,000 

Delaware ................... Dover Air Force Base .................... $26,400,000 

Florida ...................... Eglin Air Force Base ..................... $19,350,000 

Hurlburt Field ................................ $32,950,000 

MacDill Air Force Base ................. $71,000,000 

Tyndall Air Force Base .................. $1,800,000 

Georgia ...................... Robins Air Force Base ................... $38,600,000 

Hawaii ....................... Hickam Air Force Base ................. $28,538,000 

Illinois ....................... Scott Air Force Base ...................... $20,000,000 

Kentucky ................... Fort Knox ....................................... $3,500,000 

Maryland ................... Andrews Air Force Base ................ $29,000,000 

Nevada ...................... Indian Springs Air Force Auxiliary 

Field.

$49,923,000 

New Jersey ............... McGuire Air Force Base ................ $15,500,000 

Oklahoma .................. Altus Air Force Base ..................... $1,500,000 

South Carolina .......... Shaw Air Force Base ..................... $22,200,000 

Texas ......................... Fort Bliss ....................................... $8,500,000 

Lackland Air Force Base ............... $13,200,000 

Utah .......................... Hill Air Force Base ........................ $53,400,000 

Virginia ..................... Langley Air Force Base ................. $57,700,000 

Wyoming ................... Francis E Warren Air Force Base $11,000,000 

Total ....................................... $736,661,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts set forth in the fol7 lowing table: 

Air Force: Outside the United States 

Country Installation or location Amount 

Germany ................... Ramstein Air Base ......................... $53,150,000 

Guam ........................ Andersen Air Force Base ............... $80,800,000 

Korea ........................ Kunsan Air Base ............................ $46,700,000 


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Air Force: Outside the United States—Continued 

Country Installation or location Amount 

Osan Air Base ................................ $2,156,000 

Total ....................................... $182,806,000 

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(4), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for unspecified installations or locations in 

6 the amount set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation or location Amount 

Worldwide Unspecified.Common Battlefield Airman Training Complex.$14,200,000 

Worldwide Classified Global Hawk Aircraft Maintenance 

& Operations Complex.

$26,000,000 

Classified Project ............................ $3,377,000 

Classified—Special Evaluation Program.$4,600,000 

Classified ........................................ $1,700,000 

Total ....................................... $49,877,000 

7 SEC. 2302. FAMILY HOUSING. 

8 (a) CONSTRUCTION AND ACQUISITION.—Using 

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2304(a)(5)(A), the Secretary of the 

11 Air Force may construct or acquire family housing units 

12 (including land acquisition and supporting facilities) at the 

13 installations or locations, for the purposes, and in the 

14 amounts set forth in the following table: 


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Air Force: Family Housing 

State Installation or location Purpose Amount 

Alaska ......... Eielson Air Force Base ... 129 Units ....... $87,414,000 

Idaho ........... Mountain Home Air 

Force Base.

457 Units ....... $107,800,000 

Missouri ...... Whiteman Air Force 

Base.

116 Units ....... $39,270,000 

Montana ...... Malmstrom Air Force 

Base.

493 Units ....... $140,252,000 

North Carolina.Seymour Johnson Air 

Force Base.

56 Units ......... $22,956,000 

North Dakota.Minot Air Force Base ..... 575 Units ....... $171,188,000 

Texas ........... Dyess Air Force Base ..... 199 Units ....... $49,215,000 

Germany ...... Ramstein Air Base .......... 101 Units ....... $73,488,000 

Spangdahlem Air Base ... 60 Units ......... $39,294,000 

United Kingdom.Royal Air Force 

Lakenheath.

74 Units ......... $35,282,000 

Total ....... $766,159,000 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2304(a)(6)(A), the Secretary of the Air Force may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of family housing units in an amount not 

7 to exceed $13,202,000. 

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2304(a)(6)(A), 

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1 tary family housing units in an amount not to exceed 

2 $403,727,000. 

3 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

4 FORCE. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2006, for mili7 tary construction, land acquisition, and military family 

8 housing functions of the Department of the Air Force in 

9 the total amount of $3,094,357,000, as follows: 

10 (1) For military construction projects inside the 

11 United States authorized by section 2301(a), 

12 $736,661,000. 

13 (2) For military construction projects outside 

14 the United States authorized by section 2301(b), 

15 $182,806,000. 

16 (3) For the military construction projects at 

17 unspecified worldwide locations authorized by section 

18 2301(c), $49,877,000. 

19 (4) For unspecified minor military construction 

20 projects authorized by section 2805 of title 10, 

21 United States Code, $15,000,000. 

22 (5) For architectural and engineering services 

23 and construction design under section 2807 of title 

24 10, United States Code, $87,504,000. 

25 (6) For military family housing functions: 


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1 (A) For construction and acquisition, plan2 ning and design, and improvement of military 

3 family housing and facilities, $1,183,138,000. 

4 (B) For support of military family housing 

5 (including functions described in section 2833 

6 of title 10, United States Code), $755,071,000. 

7 (7) For the construction of phase 2 of the C– 

8 17 maintenance complex at Elmendorf Air Force 

9 Base, Alaska, authorized by section 2301(a) of the 

10 Military Construction Authorization Act for Fiscal 

11 Year 2006 (division B of Public Law 109–163; 119 

12 Stat. 3494), $30,000,000. 

13 (8) For the construction of phase 2 of the main 

14 base runway at Edwards Air Force Base, California, 

15 authorized by section 2301(a) of the Military Con16 struction Authorization Act for Fiscal Year 2006 

17 (division B of Public Law 109–163; 119 Stat. 

18 3494), $31,000,000. 

19 (9) For the construction of phase 2 of the 

20 CENTCOM Joint Intelligence Center at MacDill Air 

21 Force Base, Florida, authorized by section 2301(a) 

22 of the Military Construction Authorization Act for 

23 Fiscal Year 2006 (division B of Public Law 109– 

24 163; 119 Stat. 3494), $23,300,000. 


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1 TITLE XXIV—DEFENSE 

2 AGENCIES 

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2404(a)(1), the Secretary of Defense may 

8 acquire real property and carry out military construction 

9 projects for the installations or locations inside the United 

10 States, and in the amounts set forth in the following table: 

Defense Agencies: Inside the United States 

Agency Installation or location Amount 

Defense Education 

Activity.

Fort Knox, Kentucky ................... $18,108,000 

Defense Logistics 

Agency.

Marine Corps Air Station Yuma, 

Arizona.

$8,715,000 

Beale Air Force Base, California $9,000,000 

Defense Distribution Depot, New 

Cumberland, Pennsylvania.

$8,900,000 

Fort Belvoir, Virginia .................. $5,500,000 

Naval Air Station Whidbey Island, Washington.$26,000,000 

Augusta, Georgia ......................... $340,836,000 

National Security 

Agency.

Fort Meade, Maryland ................. $4,517,000 

Marine Corps Base Camp Pendleton, California.$24,400,000 

Special Operations 

Command.

Fort Carson, Colorado ................. $26,100,000 

Hurlburt Field, Florida ............... $14,482,000 

MacDill Air Force Base, Florida $27,300,000 

Fort Campbell, Kentucky ............. $24,500,000 

Fort Bragg, North Carolina ........ $60,144,000 

Marine Corps Base Camp 

Lejeune, North Carolina.

$51,600,000 

Naval Air Base Little Creek, Virginia.$22,000,000 

Fort Richardson, Alaska .............. $37,200,000 

Tri-Care Management Activity.Fort Irwin, California .................. $6,050,000 


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Defense Agencies: Inside the United States—Continued 

Agency Installation or location Amount 

Jacksonville, Florida .................... $16,000,000 

MacDill Air Force Base, Florida $87,000,000 

Naval Base Pearl Harbor, Hawaii $7,700,000 

Naval Hospital Great Lakes, Illinois.$20,000,000 

Fort Detrick, Maryland ............... $550,000,000 

Fort Drum, New York ................. $9,700,000 

Fort Hood, Texas ......................... $18,000,000 

Total ..................................... $1,423,752,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts set forth in the fol7 lowing table: 

Defense Agencies: Outside the United States 

Agency Installation or location Amount 

Defense Education 

Activity.

Camp Ederle, Italy ......................... $31,460,000 

Vicenza, Italy .................................. $15,750,000 

Osan Air Base, Korea .................... $4,589,000 

Naval Station Rota, Spain ............. $23,048,000 

Defense Logistics 

Agency.

Okinawa, Japan .............................. $5,000,000 

Wake Island .................................... $2,600,000 

Missile Defense Agency.Kwajalien Atoll, Kwajalien ............. $7,592,000 

National Security 

Agency.

Royal Air Force Menwith Hall Station, United Kingdom.$1,398,000 

Special Operations 

Command.

Qatar .............................................. $44,500,000 

Tri-Care Management 

Activity.

Vicenza, Italy .................................. $52,000,000 

Total ....................................... $187,937,000 


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1 SEC. 2402. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2404(a)(9)(A), the Secretary of the 

5 Defense may construct or acquire family housing units 

6 (including land acquisition and supporting facilities) at the 

7 installations or locations, for the purposes, and in the 

8 amounts set forth in the following table: 

Defense Agencies: Family Housing 

State Installation or location Purpose Amount 

Virginia ....... Richmond International 

Airport.

25 Units ......... $7,840,000 

Total ....... $7,840,000 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2404(a)(9)(A), the Secretary of the Defense may 

12 carry out architectural and engineering services and con13 struction design activities with respect to the construction 

14 or improvement of family housing units in an amount not 

15 to exceed $484,000. 

16 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 2404(a)(6), the Sec19 retary of Defense may carry out energy conservation 


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1 projects under section 2865 of title 10, United States 

2 Code, in the amount of $60,000,000. 

3 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE4 FENSE AGENCIES. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2006, for mili7 tary construction, land acquisition, and military family 

8 housing functions of the Department of Defense (other 

9 than the military departments) in the total amount of 

10 $7,085,455,000, as follows: 

11 (1) For military construction projects inside the 

12 United States authorized by section 2401(a), 

13 $669,034,000. 

14 (2) For military construction projects outside 

15 the United States authorized by section 2401(b), 

16 $217,175,000. 

17 (3) For unspecified minor military construction 

18 projects under section 2805 of title 10, United 

19 States Code, $21,672,000. 

20 (4) For contingency construction projects of the 

21 Secretary of Defense under section 2804 of title 10, 

22 United States Code, $10,000,000. 

23 (5) For architectural and engineering services 

24 and construction design under section 2807 of title 

25 10, United States Code, $172,150,000. 


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1 (6) For Energy Conservation projects author2 ized by section 2403, $60,000,000. 

3 (7) For base closure and realignment activities 

4 funded through the account created pursuant to sec5 tion 2906 of, and authorized by, the Defense Base 

6 Closure and Realignment Act of 1990 (part A of 

7 title XXIX of Public Law 101–510, as amended; 10 

8 U.S.C. 2687 note), $191,220,000. 

9 (8) For base closure and realignment activities 

10 funded through the account created pursuant to sec11 tion 2906A of, and authorized by, the Defense Base 

12 Closure and Realignment Act of 1990 (part A of 

13 title XXIX of Public Law 101–510, as amended; 10 

14 U.S.C. 2687 note), $5,626,223,000. 

15 (9) For military family housing functions: 

16 (A) For construction and acquisition, plan17 ning and design, and improvement of military 

18 family housing and facilities, $8,808,000. 

19 (B) For support of military family housing 

20 (including functions described in section 2833 

21 of title 10, United States Code), $48,506,000. 

22 (C) For credit to the Department of De23 fense Family Housing Improvement Fund es24 tablished by section 2883(a)(1) of title 10, 

25 United States Code, $2,500,000. 


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1 (10) For the construction of NSA/CSS Hawaii 

2 replacement at Kunia, Hawaii, authorized by section 

3 2401(a) of the Military Construction Authorization 

4 Act of Fiscal Year 2006 (division B of Public Law 

5 109–163; 119 Stat. 3497), $47,016,000. 

6 (11) For the construction of increment 2 of the 

7 classified material conversion facility at Fort Meade, 

8 Maryland, authorized by section 2401(a) of the Mili9 tary Construction Authorization Act of Fiscal Year 

10 2006 (division B of Public Law 109–163; 119 Stat. 

11 3497), $11,151,000. 

12 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT 

13 CERTAIN FISCAL YEAR 2006 PROJECT. 

14 The table in section 2401(a) of the Military Construc15 tion Authorization Act for Fiscal Year 2006 (division B 

16 of Public Law 109–163; 119 Stat. 3497) is amended 

17 under the agency heading relating to National Security 

18 Agency, in the item relating to Kunia, Hawaii, by striking 

19 ‘‘$305,000,000’’ in the amount column and inserting 

20 ‘‘$350,490,000’’. 


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1 TITLE XXV—NORTH ATLANTIC 

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM 

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 The Secretary of Defense may make contributions for 

8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10, 

10 United States Code, in an amount not to exceed the sum 

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the 

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States. 

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2006, for con18 tributions by the Secretary of Defense under section 2806 

19 of title 10, United States Code, for the share of the United 

20 States of the cost of projects for the North Atlantic Treaty 

21 Organization Security Investment Program authorized by 

22 section 2501, in the amount of $220,985,000. 


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1 TITLE XXVI—CHEMICAL DEMILI2 TARIZATION CONSTRUCTION, 

3 DEFENSE 

4 SEC. 2601. AUTHORIZATION OF APPROPRIATIONS, CHEM5 ICAL DEMILITARIZATION. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2006, for mili8 tary construction and land acquisition for Chemical De9 militarization in the total amount of $130,993,000, as fol10 lows: 

11 (1) For the construction of phase 8 of a muni12 tions demilitarization facility at Pueblo Chemical Ac13 tivity, Colorado, authorized by section 2401(a) of the 

14 Military Construction Authorization Act for Fiscal 

15 Year 1997 (division B of Public Law 104–201; 110 

16 Stat. 2775), as amended by section 2406 of the Mili17 tary Construction Authorization Act for Fiscal Year 

18 2000 (division B of Public Law 106–65; 113 Stat. 

19 839), and section 2407 of the Military Construction 

20 Authorization Act for Fiscal Year 2003 (division B 

21 of Public Law 107-314; 116 Stat. 2697), 

22 $41,836,000. 

23 (2) For the construction of phase 7 of a muni24 tions demilitarization facility at Blue Grass Army 

25 Depot, Kentucky, authorized by section 2401(a) of 


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1 the Military Construction Authorization Act for Fis2 cal Year 2000 (division B of Public Law 106–65; 

3 113 Stat. 835), as amended by section 2405 of the 

4 Military Construction Authorization Act of 2002 (di5 vision B of Public Law 107–107; 115 Stat. 1298), 

6 and section 2405 of the Military Construction Au7 thorization Act for Fiscal Year 2003 (division B of 

8 Public Law 107–314; 116 Stat. 2697), $89,157,000. 

9 TITLE XXVII—GUARD AND 

10 RESERVE FORCES FACILITIES 

11 SEC. 2701. AUTHORIZED GUARD AND RESERVE CONSTRUC12 TION AND LAND ACQUISITION PROJECTS. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2006, for the 

15 costs of acquisition, architectural and engineering services, 

16 and construction of facilities for the reserve components, 

17 and for contributions therefor, under chapter 1803 of title 

18 10, United States Code (including the cost of acquisition 

19 of land for those facilities), in the following amounts: 

20 (1) For the Department of the Army— 

21 (A) for the Army National Guard of the 

22 United States, $473,197,000; and 

23 (B) for the Army Reserve, $166,487,000. 

24 (2) For the Department of the Navy, for the 

25 Navy and Marine Corps Reserve, $48,408,000. 


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1 (3) For the Department of the Air Force2 (A) for the Air National Guard of the 

3 United States, $125,788,000; and 

4 (B) for the Air Force Reserve, 

5 $44,936,000. 

6 TITLE XXVIII—EXPIRATION AND 

7 EXTENSION OF AUTHORIZA8 TIONS 

9 SEC. 2801. EXPIRATION OF AUTHORIZATIONS AND 

10 AMOUNTS REQUIRED TO BE SPECIFIED BY 

11 LAW. 

12 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

13 YEARS.—Except as provided in subsection (b), all author14 izations contained in titles XXI through XXVIII for mili15 tary construction projects, land acquisition, family housing 

16 projects and facilities, and contributions to the North At17 lantic Treaty Organization Security Investment Program 

18 (and authorizations of appropriations therefor) shall ex19 pire on the later of— 

20 (1) October 1, 2009; or 

21 (2) the date of the enactment of an Act author22 izing funds for military construction for fiscal year 

23 2010. 

24 (b) EXCEPTION.—Subsection (a) shall not apply to 

25 authorizations for military construction projects, land acVerDate Aug 31 2005 00:17 Apr 19, 2006 Jkt 049200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\S2507.IS S2507

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1 quisition, family housing projects and facilities, and con2 tributions to the North Atlantic Treaty Organization Se3 curity Investment Program (and authorizations of appro4 priations therefor), for which appropriated funds have 

5 been obligated before the later of— 

6 (1) October 1, 2009; or 

7 (2) the date of the enactment of an Act author8 izing funds for fiscal year 2010 for military con9 struction projects, land acquisition, family housing 

10 projects and facilities, or contributions to the North 

11 Atlantic Treaty Organization Security Investment 

12 Program. 

13 SEC. 2802. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

14 FISCAL YEAR 2004 PROJECTS. 

15 (a) EXTENSION.—Notwithstanding section 2701 of 

16 the Military Construction Authorization Act for Fiscal 

17 Year 2004 (division B of Public Law 108–136; 117 Stat. 

18 1704), authorizations set forth in the tables in subsection 

19 (b), as provided in sections 2101, 2301, 2302, 2401, and 

20 2701 of that Act, shall remain in effect until October 1, 

21 2007, or the date of the enactment of an Act authorizing 

22 funds for military construction for fiscal year 2008, which23 ever is later. 

24 (b) TABLES.—The tables referred to in subsection (a) 

25 are as follows: 


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Army: Extension of 2004 Project Authorizations 

State Installation or location Project Amount 

Alaska ......... Fort Wainwright ............. Multi-purpose 

Training 

Range Complex.

$47,000,000 

Hawaii ......... Helemano Military Reservation.Land Easement.$1,400,000 

Massachusetts.Natick Soldier System 

Center.

Thermal Test 

Facility.

$5,500,000 

Virginia ....... Fort Belvoir .................... NGIC Land 

Acquisition.

$7,000,000 

Fort Lee .......................... Fire & Emergency Services Center 

(Ph 2).

$3,850,000 

Italy ............. Aviano ............................. Joint Deployment Facility (Ph 1).$15,500,000 

Air Force: Extension of 2004 Project Authorizations 

State Installation or location Project Amount 

California .... Travis Air Force Base .... Replace Family 

Housing (56 

units).

$12,723,000 

Delaware ..... Dover Air Force Base ..... Replace Family 

Housing 

(112 units).

$19,601,000 

Florida ........ Eglin Air Force Base ...... Replace Family 

Housing 

(279 units).

$32,166,000 

Hawaii ......... Hickam Air Force Base .. Expand Strategic Airlift 

Parking 

Ramp.

$10,102,000 

Texas ........... Dyess Air Force Base ..... Replace Family 

Housing 

(116 units).

$19,973,000 

Randolph Air Force Base Replace Family 

Housing (96 

units).

$13,754,000 


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Defense Wide: Extension of 2004 Project 

Authorizations 

Agency Installation or location Project Amount 

Defense Logistics 

Agency.

Hickam AFB, Hawaii ..... Replace Hydrant Fuel 

System.

$14,100,000 

Army National Guard: Extension of 2004 Project 

Authorizations 

State Installation or location Project Amount 

New Mexico Albuquerque .................... Readiness Center, Add/Alt 

(ADRS).

$2,533,000 

Pennsylvania Fort Indiantown Gap ...... Multi-purpose 

Training 

Range.

$15,338,000 

1 SEC. 2803. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2003 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2003 (division B of Public Law 107–314; 116 Stat. 

6 2681), authorizations set forth in the tables in subsection 

7 (b), as provided in section 2302 of that Act, shall remain 

8 in effect until October 1, 2006, or the date of the enact9 ment of an Act authorizing funds for military construction 

10 for fiscal year 2007, whichever is later. 

11 (b) TABLES.—The tables referred to in subsection (a) 

12 are as follows: 


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Air Force: Extension of 2003 Project Authorizations 

State Installation or location Project Amount 

Florida ........ Eglin Air Force Base ...... Replace Family 

Housing 

(134 units).

$15,906,000 

Eglin Air Force Base ...... Replace Housing Office.$597,000 

Mississippi ... Keesler Air Force Base ... Replace Family 

Housing 

(117 units).

$16,505,000 

Texas ........... Randolph Air Force Base Replace Family 

Housing 

(112 units).

$14,311,000 

Randolph Air Force Base Replace Family 

Housing 

Maintenance 

Facility.

$447,000 

1 TITLE XXIX—GENERAL 

2 PROVISIONS 

3 Subtitle A—Military Construction 

4 Program and Military Family 

5 Housing Changes 

6 SEC. 2901. AUTHORITY TO USE OPERATION AND MAINTE7 NANCE FUNDS FOR CONSTRUCTION 

8 PROJECTS OUTSIDE THE UNITED STATES. 

9 (a) IN GENERAL.—Chapter 169 of title 10, United 

10 States Code, is amended by inserting after section 2809 

11 the following new section: 


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1 ‘‘§ 2810. Authority to use operation and maintenance 

2 funds for construction projects outside 

3 the United States 

4 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

5 obligate appropriated funds available for operation and 

6 maintenance to carry out a construction project outside 

7 the United States that the Secretary determines meets 

8 each of the following conditions: 

9 ‘‘(1) The construction is necessary to meet ur10 gent military operational requirements involving the 

11 use of the armed forces in support of a declaration 

12 of war, the declaration by the President of a na13 tional emergency under section 201 of the National 

14 Emergencies Act (50 U.S.C. 1621), or a contingency 

15 operation. 

16 ‘‘(2) The requirement is of a temporary nature, 

17 such that there is no intention of using the construc18 tion after the operational requirements have been 

19 satisfied. 

20 ‘‘(3) The level of construction is the minimum 

21 necessary to meet the temporary operational require22 ments. 

23 ‘‘(b) LIMITATION ON USE OF AUTHORITY.—(1) The 

24 total cost of the construction projects carried out under 

25 this section shall not exceed $200,000,000 in any fiscal 

26 year. 


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1 ‘‘(2) The Secretary of Defense may waive the limita2 tion imposed by paragraph (1) if the Secretary determines 

3 that the obligation of operation and maintenance funds 

4 for construction projects in excess of the amount specified 

5 in such paragraph is vital to the national security. 

6 ‘‘(3) Upon use of the waiver authority granted by 

7 paragraph (2), the Secretary shall notify the Office of 

8 Management and Budget of the amounts of operation and 

9 maintenance funds obligated in excess of $200,000,000 

10 along with a description of the projects so funded. 

11 ‘‘(c) RELATION TO OTHER AUTHORITIES.—The au12 thority provided by this section, and the limited authority 

13 provided by section 2805(c) of this title, are the only au14 thorities available to the Secretary of Defense and the Sec15 retaries of the military departments to use appropriated 

16 funds available for operation and maintenance to carry out 

17 construction projects.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such chapter is amended by inserting 

20 after the item relating to section 2809 the following new 

21 item: 

‘‘2810. Authority to use operation and maintenance funds for construction 

projects outside the United States.’’. 


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1 SEC. 2902. PILOT PROJECTS FOR ACQUISITION OR CON2 STRUCTION OF MILITARY UNACCOMPANIED 

3 HOUSING. 

4 Section 2881a of title 10, United States Code, is 

5 amended— 

6 (1) in subsection (d)(2), by striking ‘‘90’’ and 

7 inserting ‘‘30’’; 

8 (2) in subsection (e)(2), by striking ‘‘90’’ and 

9 inserting ‘‘30’’; and 

10 (3) in subsection (f), by striking ‘‘2007’’ and 

11 inserting ‘‘2009’’. 

12 SEC. 2903. AUTHORIZE USE OF OPERATION AND MAINTE13 NANCE FUNDS TO CARRY OUT MINOR CON14 STRUCTION NECESSARY TO REPLACE DAM15 AGED OR DESTROYED FACILITIES. 

16 Section 2854 of title 10, United States Code, is 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(c) The Secretary concerned may spend from appro20 priations available for operations and maintenance 

21 amounts necessary to carry out a construction project 

22 under this section costing not more than $7,500,000.’’. 


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1 SEC. 2904. ALTERNATIVE USE OF PROCEEDS FROM THE 

2 SALE OF MILITARY FAMILY HOUSING IN SUP3 PORT OF THE MILITARY HOUSING PRIVAT4 IZATION INITIATIVE. 

5 (a) TRANSFER FLEXIBILITY.—Section 2831 of title 

6 10, United States Code, is amended— 

7 (1) in subsection (b), by striking ‘‘There’’ and 

8 inserting ‘‘Except as provided in subsection (e), 

9 there’’; 

10 (2) by redesignating subsections (e) and (f) as 

11 subsections (f) and (g), respectively; and 

12 (3) by inserting after subsection (d) the fol13 lowing new subsection (e): 

14 ‘‘(e) The Secretary concerned may transfer funds re15 ceived under paragraph (3) of subsection (b) to the De16 partment of Defense Family Housing Improvement Fund 

17 established under subsection (a) of section 2883 of this 

18 title.’’. 

19 (b) EXPANSION OF CREDITS AND NOTIFICATION RE20 QUIREMENT.—Section 2883 of such title is amended— 

21 (1) in subsection (c), by adding at the end of 

22 paragraph (1) the following new subparagraph: 

23 ‘‘(G) Subject to subsection (f), any amounts 

24 from the proceeds of handling or disposal of family 

25 housing of a military department transferred to that 

26 Fund pursuant to section 2831(e) of this title.’’; and 


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1 (2) in subsection (f), by inserting ‘‘, (1)(G)’’ 

2 after ‘‘Fund under paragraph (1)(B)’’. 

3 SEC. 2905. UPDATING FOREIGN CURRENCY FLUCTUATION 

4 ADJUSTMENT FOR MILITARY FAMILY HOUS5 ING LEASES IN FOREIGN COUNTRIES. 

6 Section 2828(e)(5)(A) of title 10, United States 

7 Code, is amended by striking ‘‘for foreign currency fluc8 tuations from October 1, 1987’’ and inserting ‘‘at the be9 ginning of each fiscal year, for foreign currency fluctua10 tions during the previous fiscal year’’. 

11 SEC. 2906. MILITARY UNACCOMPANIED HOUSING: LOCAL 

12 COMPARABILITY OF FLOOR AREAS. 

13 (a) IN GENERAL.—Section 2856 of title 10, United 

14 States Code, is amended to read as follows: 

15 ‘‘§ 2856. Military unaccompanied housing: local com16 parability of floor areas 

17 ‘‘In the construction, acquisition, and improvement of 

18 military unaccompanied housing, the Secretary concerned 

19 shall ensure that the floor areas of such housing in a par20 ticular locality (as designated by the Secretary concerned 

21 for purposes of this section) do not exceed the floor areas 

22 of similar housing in the private sector in that locality.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of chapter 169 of such title is amended 


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1 by striking the item related to section 2856 and inserting 

2 the following: 

‘‘2856. Military unaccompanied housing: local comparability of floor areas.’’. 

3 SEC. 2907. FLEXIBLE FINANCING OF HOUSING PRIVATIZA4 TION INITIATIVE. 

5 Section 2883(d) of title 10, United States Code, is 

6 amended by adding at the end the following new para7 graph: 

8 ‘‘(4) Notwithstanding the requirement in paragraphs 

9 (1) and (2) for authority in an appropriation Act to ex10 pend amounts in the Funds, amounts credited to the 

11 Funds under paragraphs (1)(C), (1)(D), (2)(C), and 

12 (2)(D) in subsection (c) may be used to carry out or facili13 tate the carrying out of a transaction as authorized by 

14 section 2872 after the end of the 30-day period beginning 

15 on the date the Secretary of Defense submits written no16 tice of, and justification for, the use of such amounts to 

17 the appropriate committees of Congress or, if earlier, the 

18 end of the 14-day period beginning on the date on which 

19 a copy of the notice and justification is provided in an 

20 electronic medium pursuant to section 480 of this title.’’. 

21 SEC. 2908. STREAMLINING MILITARY CONSTRUCTION 

22 THRESHOLDS. 

23 (a) EMERGENCY CONSTRUCTION.—Section 

24 2803(c)(1) of title 10, United States Code, is amended 

25 by striking ‘‘$45,000,000’’ and inserting ‘‘$60,000,000’’. 


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1 (b) MINOR CONSTRUCTION THRESHOLDS.—Section 

2 2805 of such title is amended— 

3 (1) in subsection (a)(1)— 

4 (A) by striking ‘‘$1,500,000’’ and inserting 

5 ‘‘$3,000,000’’; and 

6 (B) by striking the third sentence; 

7 (2) in subsection (b)(1), by striking ‘‘$750,000’’ 

8 and inserting ‘‘$1,500,000 ($3,000,000 for a med9 ical facility)’’; 

10 (3) in subsection (c)(1)— 

11 (A) in subparagraph (A)— 

12 (i) by striking ‘‘$1,500,000’’ and in13 serting ‘‘$3,000,000’’; 

14 (ii) by inserting ‘‘for a medical facility 

15 or’’ after ‘‘project’’; and 

16 (iii) by striking ‘‘or’’ at the end; and 

17 (B) in subparagraph (B)— 

18 (i) by striking ‘‘$750,000’’ and insert19 ing ‘‘$1,500,000’’; and 

20 (ii) by striking the period at the end 

21 and inserting ‘‘; or’’; and 

22 (4) by adding at the end the following new sub23 paragraph: 

24 ‘‘(C) $2,000,000, in cases where the disposal of 

25 obsolete facilities as part of the project results in a 


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1 reduction in facility value at least equal to the value 

2 of the new facility. The approving official must cer3 tify the demolition (or disposal by other means) of 

4 the offsetting facility.’’. 

5 SEC. 2909. INCREASED LEASE AMOUNT FOR TWO HOUSING 

6 UNITS FOR UNITED STATES SPECIAL OPER7 ATIONS COMMAND SOUTH. 

8 Section 2828(b) of title 10, United States Code, is 

9 amended— 

10 (1) in paragraph (2)— 

11 (A) by striking ‘‘paragraphs (3) and (4)’’ 

12 and inserting ‘‘paragraphs (3), (4), and (5)’’; 

13 and 

14 (B) by striking ‘‘paragraph (5)’’ and in15 serting ‘‘paragraph (6)’’; 

16 (2) in paragraph (3), by striking ‘‘paragraph 

17 (5)’’ and inserting ‘‘paragraph (6)’’; 

18 (3) in paragraph (4)(B), by striking ‘‘para19 graph (6)’’ and inserting ‘‘paragraph (7)’’; 

20 (4) by redesignating paragraphs (5) and (6) as 

21 paragraphs (6) and (7), respectively; 

22 (5) by inserting after paragraph (4) the fol23 lowing new paragraph (5): 

24 ‘‘(5)(A) The Secretary of the Army may lease not 

25 more than two housing units in the vicinity of Homestead, 


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1 Florida, for key and essential personnel, as designated by 

2 the Secretary, for the United States Special Operations 

3 Command South for which the expenditure for the rental 

4 of such units (including the costs of utilities, maintenance, 

5 and operation, including security enhancements) exceeds 

6 the expenditure limitations in paragraphs (2) and (3). 

7 ‘‘(B) The total amount of both leases under this para8 graph may not exceed $70,000 per year, as adjusted from 

9 time to time under paragraph (7). 

10 ‘‘(C) The term of any lease under this paragraph may 

11 not exceed 5 years.’’; and 

12 (6) in paragraph (7), as redesignated, by strik13 ing ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4) 

14 and (5)’’. 

15 Subtitle B—Real Property and 

16 Facilities Administration 

17 SEC. 2911. REPEAL REQUIREMENT TO DETERMINE THE 

18 AVAILABILITY OF SUITABLE ALTERNATIVE 

19 HOUSING FOR ACQUISITION IN LIEU OF CON20 STRUCTION OF NEW FAMILY HOUSING. 

21 (a) IN GENERAL.—Section 2823 of title 10, United 

22 States Code, is repealed. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of chapter 169 of such title is amended 

25 by striking the item related to section 2823. 


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1 SEC. 2912. CLARIFICATION OF POTENTIAL RECIPIENTS OF 

2 PLANNING GRANTS. 

3 Section 2391(d)(1) of title 10, United States Code, 

4 is amended by adding at the end the following new sen5 tence: ‘‘For purposes of subsection (b)(1)(D) of this sec6 tion, a ‘military installation’ may also include a military 

7 facility owned and operated by a State, the District of Co8 lumbia, the Commonwealth of Puerto Rico, Guam, or the 

9 Virgin Islands even though not under the jurisdiction of 

10 a military department, if the military facility is subject 

11 to significant use for training by the armed forces.’’. 

12 SEC. 2913. CONSOLIDATION OF EASEMENT PROVISIONS. 

13 (a) CONSOLIDATION OF EASEMENT PROVISIONS.— 

14 (1) Section 2668 of title 10, United States Code, is in15 serted after section 2671 of such title. 

16 (2) Section 2672, as redesignated by paragraph (1), 

17 is amended— 

18 (A) by amending the heading to read as follows: 

19 ‘‘§ 2672. Easements: Rights-of-way’’; 

20 (B) in subsection (a)— 

21 (i) by inserting ‘‘(a) TYPES OF EASE22 MENTS.—’’ after ‘‘(a)’’; and 

23 (ii) in the matter preceding paragraph (1), 

24 by striking ‘‘to a State, Territory, Common25 wealth, or possession, or political subdivision 

26 thereof, or to a citizen, association, partnership, 


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1 or corporation of a State, Territory, Common2 wealth, or possession,’’; 

3 (iii) in paragraph (2), by striking ‘‘oil pipe 

4 lines’’ and inserting ‘‘gas, water, sewer, and oil 

5 pipe lines’’; and 

6 (iv) in paragraph (13), by striking ‘‘, ex7 cept a purpose covered by section 2669 of this 

8 title’’; 

9 (C) in subsection (b), by inserting ‘‘LIMITATION

10 ON SIZE.—’’ after ‘‘(b)’’; 

11 (D) in subsection (c), by inserting ‘‘TERMI12 NATION.—’’ after ‘‘(c)’’; 

13 (E) in subsection (d), by inserting ‘‘NOTICE TO

14 DEPARTMENT OF THE INTERIOR.—’’ after ‘‘(d)’’; 

15 and 

16 (F) in subsection (e), by inserting ‘‘DISPOSI17 TION OF CONSIDERATION.—’’ after ‘‘(e)’’. 

18 (b) REPEAL OF SECTION 2669.—Section 2669 of 

19 such title is repealed. 

20 (c) CONFORMING AMENDMENT.—The table of sec21 tions at the beginning of chapter 159 of such title is 

22 amended— 

23 (1) by striking the items related to sections 

24 2668 and 2669; and 


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1 (2) by inserting after the item relating to sec2 tion 2671 the following new item: 

‘‘2672. Easements: rights-of-way.’’. 

3 SEC. 2914. CONSOLIDATION OF PROVISIONS RELATING TO 

4 TRANSFER OF REAL PROPERTY WITHIN THE 

5 DEPARTMENT OF DEFENSE AND TO OTHER 

6 FEDERAL AGENCIES. 

7 (a) RENUMBERING OF 10 U.S.C. 2696.—Section 

8 2696 of title 10, United States Code, is amended— 

9 (1) in subsection (a), by striking ‘‘(a) SCREEN10 ING REQUIREMENT.’’ and inserting ‘‘(c) GENERAL

11 SCREENING REQUIREMENTS.—(1) SCREENING RE12 QUIREMENT.’’; 

13 (2) by redesignating subsections (b), (d), and 

14 (e) as paragraphs (2), (3), and (4), respectively; 

15 (3) in paragraph (2), as redesignated— 

16 (A) by redesignating paragraphs (1) and 

17 (2) as subparagraphs (A) and (B), respectively; 

18 and 

19 (B) in subparagraph (A), as redesig20 nated— 

21 (i) by striking ‘‘subsection (a)’’ and 

22 inserting ‘‘paragraph (1)’’; and 

23 (ii) by redesignating subparagraphs 

24 (A), (B), and (C) as clauses (i), (ii), and 

25 (iii), respectively; and 


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1 (4) in paragraph (3), as redesignated, by strik2 ing ‘‘subsection (b)(1)’’ and inserting ‘‘paragraph 

3 (2)(A)’’. 

4 (b) TRANSFERS BETWEEN THE ARMED FORCES.— 

5 Such section is further amended by inserting a new sub6 section (a) as follows: 

7 ‘‘(a) TRANSFERS BETWEEN THE ARMED FORCES.— 

8 (1) If either of the Secretaries concerned requests it and 

9 the other approves, real property may be transferred, 

10 without compensation, from one armed force to another. 

11 ‘‘(2) No agency or official of the executive branch of 

12 the Federal Government may establish any regulation, 

13 program, or policy or take any other action which pre14 cludes, directly or indirectly, the Secretaries concerned 

15 from exercising the authority provided in this sub16 section.’’. 

17 (c) TRANSFER AND RENUMBERING OF 10 U.S.C. 

18 2693.—(1) The text of section 2693 of such title is trans19 ferred to section 2696 and inserted after subsection (a). 

20 (2) Subsection (b) of section 2696, as redesignated, 

21 is amended— 

22 (A) by redesignating subsections (a) and (b) as 

23 paragraphs (1) and (2), respectively; 

24 (B) in paragraph (1), as redesignated— 


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1 (i) by striking ‘‘(a) Except as provided in 

2 subsection (b)’’ and inserting ‘‘(b) DEPART3 MENT OF JUSTICE CORRECTIONAL OPTIONS

4 PROGRAM.—(1) GENERAL.—Except as provided 

5 in paragraph (2)’’; and 

6 (ii) by redesignating paragraphs (1), (2), 

7 and (3) as subparagraphs (A), (B), and (C), re8 spectively; and 

9 (C) in paragraph (2), as redesignated— 

10 (i) by striking ‘‘(b) The provisions’’ and in11 serting ‘‘(2) EXCEPTIONS.—The provisions’’; 

12 and 

13 (ii) by redesignating paragraphs (1) and 

14 (2) as subparagraphs (A) and (B), respectively. 

15 (d) CLERICAL AMENDMENTS.—(1) The heading for 

16 section 2696 of such title is amended to read as follows: 

17 ‘‘§ 2696. Transfers and Disposals: Interchanges and 

18 screening requirements’’. 

19 (2) The table of sections at the beginning of chapter 

20 159 of such title is amended— 

21 (A) by striking the item relating to section 

22 2693; and 

23 (B) by amending the item relating to section 

24 2696 to read as follows: 

‘‘2696. Transfers and Disposals: Interchanges and screening requirements.’’. 


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1 (e) CONFORMING AMENDMENTS.—Section 2571(a) 

2 of such title 10 is amended— 

3 (1) by striking ‘‘and real estate’’; 

4 (2) by striking ‘‘PROPERTY’’ in the section 

5 heading and inserting ‘‘SUPPLIES’’; and 

6 (3) in the table of sections at the beginning of 

7 chapter 153 of such title, by amending the item re8 lating to section 2571 to read as follows: 

‘‘2571. Interchange of supplies and services.’’. 

9 SEC. 2915. EXTENDING LEASE TERMS FOR STRUCTURES 

10 AND REAL PROPERTY RELATING TO STRUC11 TURES IN FOREIGN COUNTRIES THAT ARE 

12 NEEDED FOR PURPOSES OTHER THAN FAM13 ILY HOUSING. 

14 Section 2675(a) of title 10, United States Code, is 

15 amended by striking ‘‘five’’ and inserting ‘‘ten’’. 

16 SEC. 2916. PREVENTING ENCROACHMENT. 

17 Section 2684a(h) of title 10, United States Code, is 

18 amended— 

19 (1) by striking ‘‘FUNDING.—(1)’’ and inserting 

20 ‘‘CONSIDERATION.—Consideration for an agreement 

21 under this section may take the following forms— 

22 (1)’’; and 

23 (2) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(3) Notwithstanding title 40 and the McKin2 ney Vento Homeless Assistance Act, land under the 

3 Secretary’s jurisdiction and determined to be excess 

4 to the needs of the Department of Defense may be 

5 used by way of exchange to enter into agreements 

6 under this section, provided the excess lands are lo7 cated within the same State as the installation that 

8 is the subject of the agreement. Prior to using ex9 cess lands for exchange under this section, the Sec10 retary concerned shall request the concurrence of the 

11 Office of Management and Budget, and the Sec12 retary of the Interior in the case of lands withdrawn 

13 from the public domain, using a process developed 

14 by the Secretary of Defense.’’. 

15 SEC. 2917. AUTHORITY TO GRANT RESTRICTIVE EASE16 MENTS. 

17 (a) AUTHORITY TO GRANT RESTRICTIVE EASE18 MENTS.—Chapter 159 of title 10, United States Code, is 

19 amended by inserting after section 2671 adding the fol20 lowing new section: 

21 ‘‘§ 2672a. Easements: restrictive 

22 ‘‘(a) CONSERVATION EASEMENTS.—(1) If the Sec23 retary of a military department finds that it will not be 

24 against the public interest, he may grant, upon such terms 

25 as he considers advisable, a restrictive easement— 


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1 ‘‘(A) to— 

2 ‘‘(i) a State or local government; or 

3 ‘‘(ii) a qualified organization, as that term 

4 is used in section 170(h) of the Internal Rev5 enue Code of 1986 (26 U.S.C. 170(h)); 

6 ‘‘(B) for a conservation purpose consistent with 

7 section 170(h)(4)(A)(iv) of that Act (26 U.S.C. 

8 170(h)(4)(A)(iv)); 

9 ‘‘(C) over, in, and upon any real property that 

10 is to be transferred by deed by that department; 

11 ‘‘(D) restricting future uses of the property. 

12 ‘‘(2) An easement under paragraph (1) shall not be 

13 granted if the Secretary determines that— 

14 ‘‘(A) the conservation of the property can be ef15 fectively achieved through the application of State 

16 law by units of State or local government; 

17 ‘‘(B) the jurisdiction that encompasses the 

18 property authorizes such an easement; and 

19 ‘‘(C) the Secretary can give or assign to a third 

20 party the responsibility for monitoring and enforcing 

21 such an easement. 

22 ‘‘(b) ENVIRONMENTAL EASEMENTS.—(1) If the Sec23 retary of a military department finds that it will not be 

24 against the public interest, he may grant, upon such terms 

25 as he considers advisable, a restrictive easement— 


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1 ‘‘(A) to a State or local government; 

2 ‘‘(B) over, in, and upon any real property that 

3 is to be transferred by deed by that department; 

4 ‘‘(C) restricting future uses of the property to 

5 ensure the continued effectiveness of any environ6 mental restoration function on the property con7 ducted pursuant to chapter 160 of this title. 

8 ‘‘(c) LIMITATIONS.—(1) No easement granted under 

9 this section may apply to more land than is necessary for 

10 the effectiveness of the easement. 

11 ‘‘(2) Easements granted under this section shall be 

12 without consideration from the recipient.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by inserting 

15 after the item relating to section 2671 the following new 

16 item: 

‘‘2671a. Easements: restrictive.’’. 

17 Subtitle C—Base Closure and 

18 Realignment 

19 SEC. 2921. MODIFICATION OF DEPOSIT REQUIREMENTS IN 

20 CONNECTION WITH LEASE PROCEEDS RE21 CEIVED AT MILITARY INSTALLATIONS AP22 PROVED FOR CLOSURE OR REALIGNMENT 

23 AFTER JANUARY 1, 2005. 

24 Section 2667(d)(5) of title 10, United States Code, 

25 is amended to read as follows: 


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1 ‘‘(5) Money rentals received by the United States 

2 from a lease under subsection (f) at a military installation 

3 to be closed or realigned under a base closure law, the 

4 date of approval of which is— 

5 ‘‘(A) before January 1, 2005, shall be deposited 

6 into the account established under section 2906(a) 

7 of the Defense Base Closure and Realignment Act of 

8 1990 (part A of title XXIX of Public Law 101–510; 

9 10 U.S.C. 2687 note); or 

10 ‘‘(B) after January 1, 2005, shall be deposited 

11 into the account established under section 2906A(a) 

12 of such Act.’’. 

13 Subtitle D—Other Matters 

14 SEC. 2931. REVITALIZATION OF DEPARTMENT OF DEFENSE 

15 LABORATORIES. 

16 (a) IN GENERAL.—Section 2805 of title 10, United 

17 States Code, is amended— 

18 (1) by redesignating subsection (d) as sub19 section (e); and 

20 (2) by inserting after subsection (c) the fol21 lowing new subsection (d): 

22 ‘‘(d) LABORATORY REVITALIZATION.—(1) For the 

23 revitalization of laboratories owned by the United States 

24 and under the jurisdiction of the Secretary concerned, the 

25 Secretary may spend from appropriations available— 


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1 ‘‘(A) for operation and maintenance amounts 

2 necessary to carry out an unspecified minor military 

3 construction project costing not more than 

4 $1,500,000; or 

5 ‘‘(B) for military construction not otherwise au6 thorized by law amounts necessary to carry out an 

7 unspecified minor military construction project cost8 ing not more than $3,000,000. 

9 ‘‘(2) For projects conducted pursuant to this sub10 section, $1,500,000 shall be the amount applied for pur11 poses of subsection (b)(1). 

12 ‘‘(3) For purposes of this subsection, a laboratory in13 cludes— 

14 ‘‘(A) a research, engineering, and development 

15 center; 

16 ‘‘(B) a test and evaluation activity; and 

17 ‘‘(C) any buildings, structures, or facilities lo18 cated at and supporting such centers or activities.’’. 

19 (b) STYLISTIC AND CLERICAL AMENDMENTS.—Such 

20 section is further amended— 

21 (1) in subsection (a), by inserting ‘‘MILITARY

22 CONSTRUCTION FUNDING.—’’ after ‘‘(a)’’; 

23 (2) in subsection (b), by inserting ‘‘NOTIFICA24 TIONS.—’’ after ‘‘(b)’’; 


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1 (3) in subsection (c), by inserting ‘‘OPERATION

2 AND MAINTENANCE FUNDING.—’’ after ‘‘(c)’’; and 

3 (4) in subsection (e), as redesignated by sub4 section (a) of this section, by inserting ‘‘LIMITA5 TIONS.—’’ after ‘‘(e)’’. 

6 SEC. 2932. THRESHOLD FOR MEDICAL FACILITY PROJECTS. 

7 Section 2805(a) of title 10, United States Code, is 

8 amended— 

9 (1) in paragraph (1), by striking ‘‘paragraph 

10 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) For an unspecified minor military construction 

14 project for a medical facility, the cost limitation for pur15 poses of paragraph (1) is the expenditure threshold for 

16 a major medical facility project under section 

17 8104(a)(3)(A) of title 38.’’. 

Æ 


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