I 

109TH CONGRESS 

2D SESSION H. R. 5122 

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 HOUSE OF REPRESENTATIVES 

APRIL 6, 2006 

Mr. HUNTER (for himself and Mr. SKELTON) (both by request) introduced the 

following bill; which was 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. 

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

Sec. 333. Exception from prohibition on contractor performance of firefighting 

functions. 

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 

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. 


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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. 

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. 

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 


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

Sec. 632. 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. 

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. 

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. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 


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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. 

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. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

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

of reserve equipment. 

Sec. 1002. Acceptance and retention of reimbursement from non-Federal 

sources to defray Department of Defense conference costs. 

Sec. 1003. Increased Flexibility in the use of Joint Staff exercise funds. 

Sec. 1004. 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 

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. 


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TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Payment of full replacement value for personal property claims of 

civilians. 

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 

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 


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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. 

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 


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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. 

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. 


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1 SEC. 102. NAVY AND MARINE CORPS. 

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 2007 for procurement for the Navy 

4 as follows: 

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

6 (2) For weapons, including missiles and tor7 pedoes, $2,555,020,000. 

8 (3) For shipbuilding and conversion, 

9 $10,578,553,000. 

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

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

12 be appropriated for fiscal year 2007 for procurement for 

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

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

15 are hereby authorized to be appropriated for fiscal year 

16 2007 for procurement of ammunition for the Navy and 

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

18 SEC. 103. AIR FORCE. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal year 2007 for procurement for the Air Force as fol21 lows: 

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

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

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

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


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1 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2007 for Defense-wide procurement in the 

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

5 Subtitle B—Multi-Year Contract 

6 Authorizations 

7 SEC. 111. MULTI-YEAR PROCUREMENT AUTHORITY FOR 

8 ARMY PROGRAMS. 

9 Beginning with the fiscal year 2007 program year, 

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

11 2306b of title 10, United States Code, enter into multi12 year contracts for procurement of the following: 

13 (1) MH–60R Helicopters. 

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

15 SEC. 112. MULTI-YEAR PROCUREMENT AUTHORITY FOR 

16 NAVY PROGRAM. 

17 Beginning with the fiscal year 2007 program year, 

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

19 2306b of title 10, United States Code, enter into a multi20 year contract for procurement of the V–22 Osprey. 

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

22 FORCE PROGRAM. 

23 Beginning with the fiscal year 2007 program year, 

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

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


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

2 Aircraft. 

3 Subtitle C—Navy Programs 

4 SEC. 121. ADJUSTMENT TO TOTAL COST LIMITATION FOR 

5 CVN 77 PROCUREMENT. 

6 Section 122(f)(1) of the National Defense Authoriza7 tion Act for Fiscal Year 1998 (Public Law 105–85; 111 

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

9 amount being the estimated cost for the procurement of 

10 the CVN–77 aircraft carrier in the March 1997 procure11 ment plan)’’ and inserting ‘‘$6,057,000,000’’. 

12 SEC. 122. CONSTRUCTION OF THE FIRST TWO NEXT GEN13 ERATION DESTROYERS. 

14 (a) FUNDING AUTHORIZED.—Of the amount author15 ized to be appropriated by section 102(a)(3) for fiscal year 

16 2007, $2,568,000,000 is available for the construction of 

17 two DD(X) Next Generation Destroyers. 

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

19 Navy may enter into contracts during fiscal year 2007 to 

20 be funded in two consecutive fiscal years for the construc21 tion of two DD(X) Next Generation Destroyers, one with 

22 each of the two surface-combatant shipbuilders. 

23 (c) CONDITION FOR OUT-YEAR CONTRACT PAY24 MENTS.—A contract entered into under subsection (b) 

25 shall provide that any obligation of the United States to 


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1 make a payment under the contract for any subsequent 

2 fiscal year is subject to the availability of appropriations 

3 for that purpose for that later fiscal year. 

4 SEC. 123. TRANSFER OF FUNDS FOR SUBMARINE ENGI5 NEERED REFUELING OVERHAULS AND CON6 VERSIONS OR AIRCRAFT CARRIER REFUEL7 ING COMPLEX OVERHAULS. 

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

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 7317. Obligation and expenditure of funds for sub12 marine engineered refueling overhauls 

13 and conversions or aircraft carrier re14 fueling complex overhauls 

15 ‘‘(a) AUTHORITY.—For submarine engineered refuel16 ing overhauls and conversions or aircraft carrier refueling 

17 complex overhauls financed with Shipbuilding and Conver18 sion, Navy appropriations, the Secretary of Defense may 

19 transfer such amounts as he may designate from any cur20 rently available Shipbuilding and Conversion, Navy, Other 

21 Procurement, Navy, and Operations and Maintenance, 

22 Navy appropriations to the original Shipbuilding and Con23 version, Navy account financing the project, such amounts 

24 to be merged with and to be available for the same pur25 poses and for the same time period as the appropriation 


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1 to which transferred. This transfer authority is in addition 

2 to any other transfer authority available to the Depart3 ment of Defense. 

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

5 only where the transfer of funds is required because of 

6 the discovery, during such submarine engineered refueling 

7 overhauls and conversions or aircraft carrier refueling 

8 complex overhauls, of unanticipated and emergent mainte9 nance, repair, or mission essential modernization require10 ments. Prior to the transfer of an amount of $20,000,000 

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

12 amounts previously transferred under the authority grant13 ed by this section cumulatively will exceed $20,000,000 

14 for a particular availability, the Secretary of Defense shall 

15 notify in writing the congressional defense committees of 

16 the proposed transfer and the reasons therefor. The trans17 fer then may be carried out only after the end of the 30- 

18 day period beginning on the date the notification is re19 ceived by the committees.’’. 

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

21 at the beginning of such chapter is amended by adding 

22 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. 


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1 Subtitle C—Workplace and Depot 

2 Issues 

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

4 EXPENDITURES ON CONTRACTING FOR 

5 DEPOT-LEVEL MAINTENANCE. 

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

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

8 2003 through 2009’’. 

9 Subtitle D—Outsourcing 

10 SEC. 331. TEMPORARY SECURITY-GUARD SERVICES FOR IN11 CREASED WORKLOADS CAUSED BY REALIGN12 MENTS. 

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

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

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

16 any single installation, contract for security-guard services 

17 at installations selected for realignment under a base clo18 sure law when additional security guard personnel are re19 quired for the safe and secure relocation of— 

20 (1) military munitions and munitions related 

21 equipment; or 

22 (2) high value items in temporary storage 

23 areas. 

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


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

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

3 10, United States Code; and 

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

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

6 United States Code. 

7 (c) EXPIRATION.—The authority granted by this sec8 tion shall expire on September 15, 2011. 

9 SEC. 332. REVISION AND EXTENSION OF TEMPORARY AU10 THORITY FOR CONTRACTOR PERFORMANCE 

11 OF SECURITY-GUARD FUNCTIONS. 

12 (a) Section 332(b) of the Bob Stump National De13 fense Authorization Act for Fiscal Year 2003 (Public Law 

14 107–314; 116 Stat. 2513) is amended— 

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

16 (1); 

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

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

20 paragraph: 

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

22 where security-guard personnel deploy in support of 

23 a contingency operation and thereby create a short24 fall of dedicated installation security-guard personnel 

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1 stallation or facility, the entire scope or extent of the 

2 performance of security-guard functions by the secu3 rity-guard personnel who deploy, from no more than 

4 120 days before the deployment to no more than 

5 120 days after the completion of the deployment.’’. 

6 (b) Section 332(c) of the Bob Stump National De7 fense Authorization Act for Fiscal Year 2003 (Public Law 

8 107–314; 116 Stat. 2513–14), as amended by section 

9 324(a) of the Ronald W. Reagan National Defense Au10 thorization Act for Fiscal Year 2005 (Public Law 108– 

11 375; 118 Stat. 1846) and section 344 of the National De12 fense Authorization Act for Fiscal Year 2006 (Public Law 

13 109–163; 119 Stat. 3201), is further amended by striking 

14 ‘‘2007’’ each place it appears and inserting ‘‘2008’’. 

15 SEC. 333. EXCEPTION FROM PROHIBITION ON CON16 TRACTOR PERFORMANCE OF FIREFIGHTING 

17 FUNCTIONS. 

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

19 amended by adding at the end the following new para20 graph: 

21 ‘‘(5) A contract for the performance of fire22 fighting functions to— 

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

24 forest fires; and 


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1 ‘‘(B) perform wildland fire management 

2 such as conducting hazardous fuels treatments 

3 to reduce wildland fire risks including pre4 scribed fire and mechanical treatments.’’. 

5 Subtitle E—Other Matters 

6 SEC. 341. PERFORMANCE BASED LOGISTICS CONTRACTS 

7 FOR WEAPONS SYSTEMS LOGISTICS SUP8 PORT: SPECIAL FUNDING AUTHORITY. 

9 (a) SPECIFIC FUNDING AUTHORITY.—The Secretary 

10 of Defense may use funds made available for operation 

11 and maintenance on Performance Based Logistics con12 tracts to finance both expense and investment costs associ13 ated with the implementation of engineering changes that 

14 result in a reduction of operation and maintenance costs. 

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

16 a military department shall notify Congress 30 days before 

17 entering into a Performance Based Logistics contract 

18 under this section that may result in using operation and 

19 maintenance funds for engineering changes. The notice 

20 shall state that— 

21 (1) the Department has performed a business 

22 case analysis; and 

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

24 expectation that the proposed Performance Based 


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1 Logistics contract will result in an overall reduction 

2 of operation and maintenance costs. 

3 (c) DEFINITION.—In this section, the term ‘‘Per4 formance Based Logistics contract’’ means the acquisition 

5 of support as an integrated, affordable, performance pack6 age designed to optimize system readiness and meet per7 formance goals for a weapon system through long-term 

8 support arrangements with clear lines of authority and re9 sponsibility. Application of Performance Based Logistics 

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

11 depending on program unique circumstances and appro12 priate business case analysis. 

13 TITLE IV—MILITARY 

14 PERSONNEL AUTHORIZATIONS 

15 Subtitle A—Active Forces 

16 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

17 The Armed Forces are authorized strengths for active 

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

19 (1) The Army, 482,400. 

20 (2) The Navy, 340,700. 

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

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


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1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

4 strengths for Selected Reserve personnel of the reserve 

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

6 (1) The Army National Guard of the United 

7 States, 350,000. 

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

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

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

11 (5) The Air National Guard of the United 

12 States, 107,000. 

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

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

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

16 subsection (a) for the Selected Reserve of any reserve com17 ponent shall be proportionately reduced by— 

18 (1) the total authorized strength of units orga19 nized to serve as units of the Selected Reserve of 

20 such component which are on active duty (other 

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

22 (2) the total number of individual members not 

23 in units organized to serve as units of the Selected 

24 Reserve of such component who are on active duty 

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1 pation in training) without their consent at the end 

2 of the fiscal year. 

3 Whenever such units or such individual members are re4 leased from active duty during any fiscal year, the end 

5 strength prescribed for such fiscal year for the Selected 

6 Reserve of such reserve component shall be increased pro7 portionately by the total authorized strengths of such 

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

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

10 DUTY IN SUPPORT OF THE RESERVES. 

11 Within the end strengths prescribed in section 

12 411(a), the reserve components of the Armed Forces are 

13 authorized, as of September 30, 2007, the following num14 ber of Reserves to be serving on full-time active duty or 

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

16 Guard, for the purpose of organizing, administering, re17 cruiting, instructing, or training the reserve components: 

18 (1) The Army National Guard of the United 

19 States, 27,441. 

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

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

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

23 (5) The Air National Guard of the United 

24 States, 13,206. 

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


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1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

2 (DUAL STATUS). 

3 The minimum number of military technicians (dual 

4 status) as of the last day of fiscal year 2007 for the re5 serve components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall 

7 be the following: 

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

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

10 States, 26,050. 

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

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

13 States, 23,255. 

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

15 NON-DUAL STATUS TECHNICIANS. 

16 (a) LIMITATIONS.— 

17 (1) NATIONAL GUARD.—Within the limitation 

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

19 States Code, the number of non-dual status techni20 cians employed by the National Guard as of Sep21 tember 30, 2007, may not exceed the following: 

22 (A) For the Army National Guard of the 

23 United States, 1,600. 

24 (B) For the Air National Guard of the 

25 United States, 350. 


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

2 status technicians employed by the Army Reserve as 

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

4 (3) AIR FORCE RESERVE.—The number of non5 dual status technicians employed by the Air Force 

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

7 90. 

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

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

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

11 United States Code. 

12 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU13 THORIZED TO BE ON ACTIVE DUTY FOR 

14 OPERATIONAL SUPPORT. 

15 During fiscal year 2007, the maximum number of 

16 members of the reserve components of the Armed Forces 

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

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

19 States Code, is the following: 

20 (1) The Army National Guard of the United 

21 States, 17,000. 

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

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

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


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1 (5) The Air National Guard of the United 

2 States, 16,000. 

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

4 Subtitle C—Authorization of 

5 Appropriations 

6 SEC. 421. ARMED FORCES RETIREMENT HOME. 

7 There is hereby authorized to be appropriated for fis8 cal year 2007 from the Armed Forces Retirement Home 

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

10 the Armed Forces Retirement Home, including the United 

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

12 TITLE V—MILITARY PERSONNEL 

13 POLICY 

14 Subtitle A—Officer Personnel 

15 Policy 

16 SEC. 501. DISCRETIONARY SEPARATION AND RETIREMENT 

17 OF TWICE NON-SELECTED CHIEF WARRANT 

18 OFFICER FOURS. 

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

20 amended— 

21 (1) by inserting ‘‘(except for a chief warrant of22 ficer in the grade of CW4)’’ after ‘‘chief warrant of23 ficer’’; and 

24 (2) by adding at the end the following new sen25 tence: ‘‘Chief warrant officers in the grade of CW4 


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1 shall be retired at the discretion of the Secretary 

2 concerned.’’. 

3 Subtitle B—Reserve Component 

4 Management 

5 SEC. 511. AUTHORIZED STRENGTHS OF NAVY RESERVE 

6 FLAG OFFICERS. 

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

8 amended— 

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

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

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

12 under section 526 of this title.’’; 

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

14 (3) by redesignating subsection (e) as sub15 section (d). 

16 SEC. 512. EXPANSION OF AUTHORITIES FOR NATIONAL 

17 GUARD AND RESERVE COMPONENTS. 

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

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

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

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

22 means a member of a reserve component of the 

23 armed forces on active duty pursuant to section 

24 12301(d) of this title, or a member of the Army Na25 tional Guard or Air National Guard on full-time NaVerDate Aug 31 2005 00:18 Apr 19, 2006 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.IH H5122

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1 tional Guard duty pursuant to section 502(f) of title 

2 32, performing Active Guard and Reserve duty.’’. 

3 (b) AUTHORITY FOR ACTIVE GUARD AND RESERVE

4 DUTIES TO INCLUDE SUPPORT OF OPERATIONAL MIS5 SIONS ASSIGNED TO THE RESERVE COMPONENT AND THE

6 INSTRUCTION AND TRAINING OF ACTIVE DUTY PER7 SONNEL.—Section 12310 of such title is amended— 

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

9 (2) by inserting the following new subsections 

10 (a) and (b): 

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

12 order a member of the reserve components to active duty 

13 pursuant to section 12301(d) of this title to perform Ac14 tive Guard and Reserve duty. 

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

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

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

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

19 he is otherwise qualified.’’; 

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

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

22 (4) by inserting after subsection (b) the fol23 lowing new subsection (c): 

24 ‘‘(c) DUTIES.—A Reserve on active duty under sub25 section (a) may perform the following duties in addition 


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1 to, and not in lieu of, his primary Active Guard and Re2 serve duties: 

3 ‘‘(1) Supporting operations or missions as4 signed in whole or in part to the reserve compo5 nents. 

6 ‘‘(2) Supporting operations or missions per7 formed or to be performed by— 

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

9 more than one component of the same armed 

10 force; or 

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

12 ‘‘(i) one or more reserve component 

13 units; or 

14 ‘‘(ii) a member of a reserve compo15 nent whose reserve component assignment 

16 is in a position in an element of the joint 

17 forces unit. 

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

19 Secretaries of the military departments, the Joint 

20 Chiefs of Staff, and the commanders of the unified 

21 combatant command regarding reserve component 

22 matters. 

23 ‘‘(4) Instructing or training active duty mili24 tary, foreign military (under the same authorities 

25 and restrictions applicable to active duty troops), 


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1 Department of Defense contractor personnel or De2 partment of Defense civilian employees.’’. 

3 (c) DUTIES OF MILITARY TECHNICIANS.—Section 

4 10216(a) of such title is amended— 

5 (1) in paragraph (1)(C), by striking ‘‘adminis6 tration and’’ and inserting ‘‘organizing, admin7 istering, instructing, or’’; and 

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

9 paragraph: 

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

11 employed under section 3101 of title 5 may perform 

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

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

14 ‘‘(A) Supporting operations or missions as15 signed in whole or in part to the technician’s 

16 unit. 

17 ‘‘(B) Supporting operations or missions 

18 performed or to be performed by— 

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

20 more than one component of the techni21 cian’s armed force; or 

22 ‘‘(ii) a joint forces unit that in23 cludes— 

24 ‘‘(I) one or more units of the 

25 technician’s component; or 


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1 ‘‘(II) a member of the techni2 cian’s component whose reserve com3 ponent assignment is in a position in 

4 an element of the joint forces unit. 

5 ‘‘(C) Instructing or training active duty 

6 military, foreign military (under the same au7 thorities and restrictions applicable to active 

8 duty troops), Department of Defense contractor 

9 personnel or Department of Defense civilian 

10 employees.’’. 

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

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

13 101 of title 32, United States Code, is amended by adding 

14 at the end the following new paragraphs: 

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

16 means a member of the Army National Guard or Air 

17 National Guard on full-time National guard duty 

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

19 Active Guard and Reserve duty. 

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

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

22 duty performed by a member of a reserve component 

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

24 full-time National Guard duty performed by a mem25 ber of the National Guard, pursuant to an order to 


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

2 period of 180 consecutive days or more for the pur3 pose of organizing, administering, recruiting, in4 structing, or training the reserve components. 

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

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

7 Reserve Forces Policy Board provided for under 

8 section 10301 of title 10. 

9 ‘‘(ii) Duty performed as a property and fis10 cal officer under section 708 of this title. 

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

12 interdiction and counter-drug activities for 

13 which funds have been provided under section 

14 112 of this title. 

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

16 officer. 

17 ‘‘(v) Service as a State director of the Se18 lective Service System under section 10(b)(2) of 

19 the Military Selective Service Act (50 App. 

20 U.S.C. 460(b)(2)).’’. 

21 (e) AUTHORITY TO ORDER MEMBERS TO ACTIVE

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

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


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1 ‘‘§ 328. Active guard and reserve duty 

2 ‘‘(a) AUTHORITY.—The Governor of his State or Ter3 ritory or Puerto Rico, or the commanding general of the 

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

5 with the consent of the Secretary concerned, may order 

6 a member of the National Guard to perform Active Guard 

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

8 ‘‘(b) DUTIES.—A member of the National Guard per9 forming duty under subsection (a) may perform the fol10 lowing duties in addition to, and not in lieu of, his primary 

11 Active Guard and Reserve duties: 

12 ‘‘(1) Support of operations or missions under13 taken by the member’s unit at the request of the 

14 President or the Secretary of Defense. 

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

16 Federal training missions assigned in whole or in 

17 part to the member’s unit. 

18 ‘‘(3) Instructing or training active duty mili19 tary, foreign military (under the same authorities 

20 and restrictions applicable to active duty troops), 

21 Department of Defense contractor personnel or De22 partment of Defense civilian employees.’’; and 

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

24 chapter is amended by adding at the end the following 

25 new item: 

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


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1 (f) AUTHORITY FOR NATIONAL GUARD DUTIES TO

2 INCLUDE SUPPORT OF CERTAIN OPERATIONS AND MIS3 SIONS.—Section 502(f) of such title is amended by strik4 ing ‘‘subsection (a).’’ and inserting ‘‘subsection (a), which 

5 may include— 

6 ‘‘(A) support of operations or missions un7 dertaken by the members’ unit at the request of 

8 the President or Secretary of Defense; and 

9 ‘‘(B) support of Federal training oper10 ations or Federal training missions assigned in 

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

12 (g) EXPANSION OF DUTIES OF TECHNICIANS.—Sec13 tion 709(a) of such title is amended— 

14 (1) in paragraph (1)— 

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

16 inserting ‘‘organizing, administering, instruct17 ing, or’’; and 

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

19 paragraph; 

20 (2) by striking the period at the end of para21 graph (2) and inserting ‘‘; and’’; and 

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

23 paragraph: 


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

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

3 by paragraphs (1) and (2): 

4 ‘‘(A) Support of operations or missions un5 dertaken by the technician’s unit at the request 

6 of the President or the Secretary of Defense. 

7 ‘‘(B) Support of Federal training oper8 ations or Federal training missions assigned in 

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

10 ‘‘(C) Instructing or training active duty 

11 military, foreign military (under the same au12 thorities and restrictions applicable to active 

13 duty troops), Department of Defense contractor 

14 personnel or Department of Defense civilian 

15 employees.’’. 

16 (h) NATIONAL GUARD OFFICERS AUTHORITY TO

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

18 (1) in subsection (a)(2), by striking ‘‘in com19 mand of a National Guard unit’’; 

20 (2) by redesignating subsection (b) as sub21 section (c); and 

22 (3) by inserting after subsection (a) the fol23 lowing new subsection (b): 

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

25 The President and Governor of the State or Territory or 


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1 Puerto Rico, or the commanding general of the District 

2 of Columbia National Guard, as the case may be, respec3 tively, may give the authorization and consent required by 

4 subsection (a)(2), in advance, for the purpose of estab5 lishing the succession of command of a unit.’’; and 

6 (4) by adding at the end the following new sub7 section: 

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

9 not relieved from duty in the National Guard while serving 

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

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

12 State or Territory, Puerto Rico, or the District of Colum13 bia, as the case may be, to be performed by the National 

14 Guard without regard to the limitations imposed by sec15 tion 1385 of title 18.’’. 

16 SEC. 513. AMENDMENTS TO PRESIDENTIAL RESERVE CALL17 UP AUTHORITY. 

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

19 amended— 

20 (1) in subsection (a), by striking ‘‘270’’ and in21 serting ‘‘365’’; 

22 (2) in subsection (b)— 

23 (A) by striking ‘‘or’’ at the end of para24 graph (1); 


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

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

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

4 paragraph: 

5 ‘‘(3) a serious natural or manmade disaster, ac6 cident, or catastrophe.’’; 

7 (3) in subsection (c)(1)— 

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

9 comma; and 

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

11 through the end and inserting a period; 

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

13 (j); and 

14 (5) by inserting after subsection (h) the fol15 lowing new subsection (i): 

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

17 members in the Selected Reserve and Individual Ready 

18 Reserve will be recalled to duty without their consent, ap19 propriate consideration shall be given to— 

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

21 to assure such sharing of exposure to hazards as the 

22 national security and military requirements will rea23 sonably allow; 

24 ‘‘(B) family responsibilities; and 


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1 ‘‘(C) employment necessary to maintain the na2 tional health, safety, or interest. 

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

4 policies and procedures as he considers necessary to carry 

5 out this subsection.’’. 

6 Subtitle C—Education and 

7 Training 

8 SEC. 521. UNITED STATES MILITARY ACADEMY AND UNITED 

9 STATES AIR FORCE ACADEMY PERMANENT 

10 MILITARY PROFESSORS TO ASSUME COM11 MAND POSITIONS WHILE ON PERIODS OF 

12 SABBATICAL. 

13 (a) UNITED STATES MILITARY ACADEMY.—Section 

14 4334(d) of title 10, United States Code, is amended— 

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

16 (2) by striking ‘‘exercise’’ and inserting ‘‘exer17 cises’’; and 

18 (3) by adding at the end the following new sen19 tence: ‘‘At the discretion of the Secretary of the 

20 Army, the permanent professors may exercise com21 mand in the academic department of the Academy 

22 or within Army units assigned.’’. 

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

24 9334(b) of such title is amended— 

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


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1 (2) by striking ‘‘exercise’’ and inserting ‘‘exer2 cises’’; and 

3 (3) by adding at the end the following new sen4 tence: ‘‘At the discretion of the Secretary of the Air 

5 Force, the permanent professors may exercise com6 mand in the academic department of the Academy 

7 or within Air Force units assigned.’’. 

8 SEC. 522. UNITED STATES MILITARY ACADEMY EXCHANGE 

9 PROGRAM WITH FOREIGN MILITARY ACAD10 EMIES. 

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

12 amended— 

13 (1) in subsection (b), by striking ‘‘24’’ and in14 serting ‘‘100’’; and 

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

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

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

18 the Academy and additional funds provided to the 

19 Academy by the Department of Defense to support 

20 cultural immersion, regional awareness, or foreign 

21 language training initiatives. Expenditures from 

22 funds appropriated for the Academy in support of 

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

24 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 Subtitle D—Military Justice 

11 Matters 

12 SEC. 531. AIR FORCE LAW ENFORCEMENT. 

13 (a) AIR FORCE LAW ENFORCEMENT.—Part I of sub14 title D of title 10, United States Code, is amended by add15 ing at the end the following new chapter: 

16 ‘‘CHAPTER 820—LAW ENFORCEMENT 

‘‘Sec. 

‘‘8150. Air Force Office of Special Investigations. 

‘‘8151. Credentials and badges. 

‘‘8152. Air Force law enforcement officers. 

‘‘8153. Enforcement authority. 

‘‘8154. Integration with other authorities. 

17 ‘‘§ 8150. Air Force Office of Special Investigations 

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

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

20 Investigations within the Department of the Air Force, orVerDate Aug 31 2005 00:18 Apr 19, 2006 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.IH H5122

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1 ganized in such manner as the Secretary of the Air Force 

2 shall direct. 

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

4 Office of Special Investigations shall, under regulations 

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

6 conduct criminal investigations into matters involving the 

7 Department of the Air Force. The Air Force Office of Spe8 cial Investigations, subject to the provisions of this title 

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

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

11 Force as the Secretary directs. 

12 ‘‘§ 8151. Credentials and badges 

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

14 Investigations shall provide for the issuance and revoca15 tion, including retrieval, of such credentials and badges 

16 to its personnel as are necessary to provide for effective 

17 identification of its personnel. 

18 ‘‘§ 8152. Air Force law enforcement officers 

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

20 agents of the Air Force Office of Special Investigations 

21 are law enforcement officers for purposes of this chapter. 

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

23 The Secretary of the Air Force may designate such addi24 tional personnel of the Air Force, whether military or civil25 ian, as law enforcement officers for purposes of this chapVerDate Aug 31 2005 00:18 Apr 19, 2006 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.IH H5122

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1 ter, when such personnel are primarily engaged in law en2 forcement functions. Except as provided in section 8154 

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

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

5 by such additional designated personnel when the Sec6 retary of Defense and the Attorney General approve the 

7 application to them of the guidelines provided for in sec8 tion 8153(c)(2) of this title. 

9 ‘‘§ 8153. Enforcement authority 

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

11 enforcement officer in accordance with section 8152 of 

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

13 or a military member, may— 

14 ‘‘(1) carry firearms; 

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

16 processes issued under the authority of the United 

17 States; and 

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

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

20 committed in the presence of such officer; or 

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

22 States if such officer has probable cause to be23 lieve that the person to be arrested has com24 mitted or is committing that felony offense. 


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

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

3 Code of Military Justice) who is arrested pursuant to au4 thority exercised under subsection (a) shall, as soon as is 

5 reasonably practicable, be turned over to the appropriate 

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

7 prosecution. 

8 ‘‘(c) LIMITATIONS.—The powers granted by para9 graphs (2) and (3) of subsection (a) shall be exercised 

10 only— 

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

12 installation or facility under the jurisdiction, cus13 tody, or control of the Secretary or an installation 

14 or facility provided Air Force law enforcement sup15 port pursuant to direction of the Secretary of De16 fense; and 

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

18 the Secretary of the Air Force and approved by the 

19 Secretary of Defense and the Attorney General. 

20 ‘‘§ 8154. Integration with other authorities 

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

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

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

24 Department of Defense Authorization, 1986 (Public Law 


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1 99–145; 99 Stat. 728), is amended by striking the second 

2 sentence. 

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

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

5 adding at the end the following new item: 

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

6 Subtitle E—Decorations and 

7 Awards 

8 SEC. 541. AUTHORIZE THE PURCHASE AND PRESENTATION 

9 OF MEDAL OF HONOR FLAGS TO ALL LIVING 

10 MEDAL OF HONOR RECIPIENTS AND TO ALL 

11 LIVING PRIMARY NEXT OF KIN FOR DE12 CEASED MEDAL OF HONOR RECIPIENTS. 

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

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

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

16 surviving primary next of kin. Such presentation shall be 

17 made as expeditiously as possible after the date of the des18 ignation of the Medal of Honor Flag by the Secretary of 

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

20 this section, the term ‘primary next of kin’ means, in de21 scending order, the surviving spouse, son or daughter, par22 ents (mother, father, stepmother, stepfather, mother 

23 through adoption, father through adoption, and foster par24 ents who stood in loco parentis), brother, sister, half 


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1 brother and half sister of the deceased veteran as deter2 mined by applicable State law.’’. 

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

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

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

6 of kin. Such presentation shall be made as expeditiously 

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

8 of Honor Flag by the Secretary of Defense under section 

9 903 of title 36. For purposes of this section, the term ‘pri10 mary next of kin’ means, in descending order, the sur11 viving spouse, son or daughter, parents (mother, father, 

12 stepmother, stepfather, mother through adoption, father 

13 through adoption, and foster parents who stood in loco 

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

15 the deceased veteran as determined by applicable State 

16 law.’’. 

17 (c) AIR FORCE.—Section 8755 of such title is amend18 ed by striking ‘‘after October 23, 2002’’ and all that fol19 lows and inserting ‘‘or, if deceased, to the surviving pri20 mary next of kin. Such presentation shall be made as expe21 ditiously as possible after the date of the designation of 

22 the Medal of Honor Flag by the Secretary of Defense 

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

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

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


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1 father, stepmother, stepfather, mother through adoption, 

2 father through adoption, and foster parents who stood in 

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

4 of the deceased veteran as determined by applicable State 

5 law.’’. 

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

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

8 2002’’ and all that follows and inserting ‘‘or, if deceased, 

9 to the surviving primary next of kin. Such presentation 

10 shall be made as expeditiously as possible after the date 

11 of the designation of the Medal of Honor Flag by the Sec12 retary of Defense under section 903 of title 36. For pur13 poses of this section, the term ‘primary next of kin’ means, 

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

15 parents (mother, father, stepmother, stepfather, mother 

16 through adoption, father through adoption, and foster par17 ents who stood in loco parentis), brother, sister, half 

18 brother and half sister of the deceased veteran as deter19 mined by applicable State law.’’. 

20 Subtitle F—Other Matters 

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

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

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

24 by striking ‘‘This oath may be taken before any commis25 sioned officer of any armed force.’’ and inserting ‘‘This 


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1 oath may be taken before the President of the United 

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

3 any commissioned officer or other person designated under 

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

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

6 such title is amended by striking ‘‘Any commissioned offi7 cer of any component of an armed force, whether or not 

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

9 ‘‘The President of the United States of America, Vice10 President, Secretary of Defense, any commissioned officer, 

11 or other person designated under regulations prescribed 

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

13 SEC. 552. MILITARY STATUS OF OFFICERS SERVING IN CER14 TAIN INTELLIGENCE COMMUNITY POSITIONS. 

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

16 amended by adding at the end the following new sub17 sections: 

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

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

20 ‘‘(1) shall not be subject to supervision or con21 trol by the Secretary of Defense or by any officer or 

22 employee of the Department of Defense, except as 

23 directed by the Secretary of Defense or his designee 

24 concerning reassignment from such position; and 


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

2 status as an officer, any supervision or control with 

3 respect to any of the military or civilian personnel 

4 of the Department of Defense except as otherwise 

5 authorized by law. 

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

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

8 armed forces to a position covered by this section shall 

9 not affect the status, position, rank, or grade of such offi10 cer in the armed forces, or any emolument, perquisite, 

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

12 status, position, rank, or grade. 

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

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

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

16 such position and while remaining on active duty, continue 

17 to receive military pay and allowances and shall not receive 

18 the pay prescribed for such position. Funds from which 

19 such pay and allowances are paid shall be reimbursed from 

20 funds available to the Director of the Central Intelligence 

21 Agency (for positions within the Central Intelligence 

22 Agency), or from funds available to the Director of Na23 tional Intelligence (for positions within the Office of the 

24 Director of National Intelligence).’’. 


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1 TITLE VI—COMPENSATION AND 

2 OTHER PERSONNEL BENEFITS 

3 Subtitle A—Pay and Allowances 

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

5 CAP. 

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

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

8 Subtitle B—Bonuses and Special 

9 and Incentive Pays 

10 SEC. 611. SPECIAL PAY FOR SELECTED RESERVE HEALTH 

11 CARE PROFESSIONALS IN CRITICALLY SHORT 

12 WARTIME SPECIALTIES. 

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

14 States Code, is amended by striking ‘‘$10,000’’ and in15 serting ‘‘$25,000’’. 

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

17 NUCLEAR-QUALIFIED OFFICERS. 

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

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

20 ‘‘$30,000’’. 

21 SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES RELAT22 ING TO PAYMENT OF OTHER BONUSES AND 

23 SPECIAL PAYS. 

24 (a) AVIATION OFFICER RETENTION BONUS.—Sec25 tion 301b(a) of title 37, United States Code, is amended 


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1 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem2 ber 31, 2007’’. 

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

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

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

6 (c) REENLISTMENT BONUS FOR ACTIVE MEM7 BERS.—Section 308(g) of such title is amended by strik8 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

9 2007’’. 

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

11 title is amended by striking ‘‘December 31, 2006’’ and in12 serting ‘‘December 31, 2007’’. 

13 (e) RETENTION BONUS FOR MEMBERS QUALIFIED

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

15 title is amended by striking ‘‘December 31, 2006’’ and in16 serting ‘‘December 31, 2007’’. 

17 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT18 ICAL SKILLS.—Section 324(g) of such title is amended by 

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

20 31, 2007’’. 

21 (g) CONVERSION TO MILITARY OCCUPATIONAL SPE22 CIALTY TO EASE PERSONNEL SHORTAGE.—Section 

23 326(g) of such title is amended by striking ‘‘December 31, 

24 2006’’ and inserting ‘‘December 31, 2007’’. 


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

2 BONUS AUTHORITIES FOR NUCLEAR OFFI3 CERS. 

4 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI5 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

6 312(e) of title 37, United States Code, is amended by 

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

8 31, 2007’’. 

9 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

10 312b(c) of such title is amended by striking ‘‘December 

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

12 (c) NUCLEAR CAREER ANNUAL INCENTIVE

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

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

15 31, 2007’’. 

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

17 SPECIAL PAY AUTHORITIES FOR CERTAIN 

18 HEALTH CARE PROFESSIONALS. 

19 (a) NURSE OFFICER CANDIDATE ACCESSION PRO20 GRAM.—Section 2130a(a)(1) of title 10, United States 

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

22 inserting ‘‘December 31, 2007’’. 

23 (b) ACCESSION BONUS FOR REGISTERED NURSES.— 

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

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

26 ‘‘December 31, 2007’’. 


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1 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES2 THETISTS.—Section 302e(a)(1) of such title is amended 

3 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem4 ber 31, 2007’’. 

5 (d) ACCESSION BONUS FOR DENTAL OFFICERS.— 

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

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

8 2007’’. 

9 (e) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

10 Section 302j(a) of such title is amended by striking ‘‘De11 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

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

13 SPECIAL PAYS FOR RESERVE FORCES. 

14 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

15 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

16 302g(e) of title 37, United States Code, is amended by 

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

18 31, 2007’’. 

19 (b) SELECTED RESERVE REENLISTMENT BONUS.— 

20 Section 308b(g) of such title is amended by striking ‘‘De21 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

22 (c) SELECTED RESERVE AFFILIATION OR ENLIST23 MENT BONUS.—Section 308c(i) of such title is amended 

24 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem25 ber 31, 2007’’. 


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1 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS2 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

3 308d(c) of such title is amended by striking ‘‘December 

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

5 (e) READY RESERVE NON-PRIOR SERVICE ENLIST6 MENT BONUS.—Section 308g(f) of such title is amended 

7 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem8 ber 31, 2007’’. 

9 (f) READY RESERVE ENLISTMENT AND REENLIST10 MENT BONUS.—Section 308h(e) of such title is amended 

11 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem12 ber 31, 2007’’. 

13 (g) PRIOR SERVICE REENLISTMENT BONUS.—Sec14 tion 308i(f) of such title is amended by striking ‘‘Decem15 ber 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

16 (h) REPAYMENT OF EDUCATION LOANS FOR CER17 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE18 LECTED RESERVE.—Section 16302(d) of title 10, United 

19 States Code, is amended by striking ‘‘January 1, 2007’’ 

20 and inserting ‘‘January 1, 2008’’. 


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1 Subtitle C—Retired Pay and 

2 Survivor Benefits 

3 SEC. 621. EXTENSION OF TEMPORARY CONTINUATION OF 

4 HOUSING ALLOWANCE FOR DEPENDENTS OF 

5 MEMBERS DYING ON ACTIVE DUTY TO 

6 SPOUSES WHO ARE MEMBERS OF THE UNI7 FORMED SERVICES. 

8 (a) IN GENERAL.—Section 403(l) of title 37, United 

9 States Code, is amended by adding at the end the fol10 lowing new paragraph: 

11 ‘‘(4) Notwithstanding any other provision of 

12 law, this subsection shall apply to a member of a 

13 uniformed service who is the spouse of the deceased 

14 member. An allowance paid under this subsection is 

15 in addition to any other pay and allowances to which 

16 the member is entitled.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on October 1, 2006. 

19 SEC. 622. PROHIBIT COURT-ORDERED PAYMENTS BEFORE 

20 RETIREMENT BASED ON IMPUTATION OF RE21 TIRED PAY. 

22 (a) AUTHORITY.—Section 1408(c)(3) of title 10, 

23 United States Code, is amended— 

24 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 


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1 (2) by adding at the end the following new sub2 paragraph: 

3 ‘‘(B) A court may not order a member to make 

4 payments based upon an imputation of a property 

5 interest in future retired pay of any kind to a spouse 

6 or former spouse before the date of the member’s ac7 tual retirement.’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) shall apply to final court orders or court 

10 orders seeking enforcement of prior final decrees issued 

11 on or after the date of the enactment of this Act. 

12 SEC. 623. REDUCTION IN DEPARTMENT OF DEFENSE AC13 CRUAL CONTRIBUTIONS INTO THE MILITARY 

14 RETIREMENT FUND AND GOVERNMENT CON15 TRIBUTIONS INTO THE MEDICARE-ELIGIBLE 

16 RETIREE HEALTH CARE FUND. 

17 (a) RETIREMENT FUND.—(1) Section 1465 of title 

18 10, United States Code, is amended— 

19 (A) in subsection (b)(1)— 

20 (i) by amending subparagraph (A)(ii) to 

21 read as follows: 

22 ‘‘(ii) the total amount of basic pay ex23 pected to be paid during that fiscal year for ac24 tive duty in the armed forces (other than the 

25 Coast Guard) and for full-time National Guard 


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1 duty (other than full-time National Guard duty 

2 for training only), but excluding any duty that 

3 would be excluded for active-duty end strength 

4 purposes by section 115(i) of this title.’’; and 

5 (ii) in subparagraph (B)(ii)— 

6 (I) by striking ‘‘Ready’’ and inserting 

7 ‘‘Selected’’; and 

8 (II) by striking ‘‘and other than mem9 bers on full-time National Guard duty 

10 other than for training) who are’’ and in11 serting ‘‘) for service’’; and 

12 (B) in subsection (c)(1)— 

13 (i) by amending subparagraph (A) to read 

14 as follows: 

15 ‘‘(A) a determination (using the aggregate 

16 entry-age normal cost method) of a single level per17 centage of basic pay for active duty in the armed 

18 forces (other than the Coast Guard) and for full19 time National Guard duty (other than full-time Na20 tional Guard duty for training only), but excluding 

21 any duty that would be excluded for active-duty end 

22 strength purposes by subsection 115(i) of this title, 

23 to be determined without regard to section 1413a or 

24 1414 of this title; and’’; and 

25 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘Ready’’ and inserting 

2 ‘‘Selected’’; and 

3 (II) by striking ‘‘and other than mem4 bers on full-time National Guard duty 

5 other than for training) who are’’ and in6 serting ‘‘) for service’’. 

7 (2) Section 1466(a) of such title is amended— 

8 (A) by amending paragraph (1)(B) to read as 

9 follows: 

10 ‘‘(B) the total amount of basic pay accrued 

11 for that month for active duty in the armed 

12 forces (other than the Coast Guard) and for 

13 full-time National Guard duty (other than full14 time National Guard duty for training only), 

15 but excluding any duty that would be excluded 

16 for active-duty end strength purposes by section 

17 115(i) of this title.’’; and 

18 (B) in paragraph (2)(B)— 

19 (i) by striking ‘‘Ready’’ and inserting ‘‘Se20 lected’’; and 

21 (ii) by striking ‘‘and other than members 

22 on full-time National Guard duty other than for 

23 training) who are’’ and inserting ‘‘) for serv24 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 00:18 Apr 19, 2006 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.IH H5122

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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. TECHNICAL MODIFICATION TO THE DEPARTMENT 

12 OF DEFENSE’S COMPUTER/ELECTRONIC AC13 COMMODATIONS PROGRAM TO ALLOW COM14 BAT WOUNDED SERVICE MEMBERS. 

15 Section 1582(a)(1) of title 10, United States Code, 

16 is amended by adding at the end of the following new sen17 tence: ‘‘The Secretary of Defense may allow members of 

18 the armed forces who have sustained severe or debilitating 

19 illnesses or injuries while serving in support of a contin20 gency operation to retain any assistive technology, devices, 

21 or services provided to the member prior to their separa22 tion of military service upon their separation.’’. 


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1 SEC. 632. PERMANENT AUTHORITY FOR PRESENTATION OF 

2 RECOGNITION ITEMS FOR RECRUITMENT 

3 AND RETENTION PURPOSES. 

4 Section 2261 of title 10, United States Code, is 

5 amended by striking subsection (d). 

6 TITLE VII—HEALTH CARE 

7 PROVISIONS 

8 Subtitle A—TRICARE Program 

9 Improvements 

10 SEC. 701. TRICARE COVERAGE FOR FORENSIC EXAMINA11 TION FOLLOWING SEXUAL ASSAULTS AND 

12 DOMESTIC VIOLENCE. 

13 Section 1079(a) of title 10, United States Code, is 

14 amended by adding at the end the following new para15 graph: 

16 ‘‘(18) Forensic examinations following a sexual 

17 assault and domestic violence may be provided.’’. 

18 SEC. 702. INCREASING TRICARE PROGRAM COST SHARING 

19 AMOUNTS. 

20 (a) AUTHORITY.—Section 1086(b) of title 10, United 

21 States Code, is amended by adding at the end the fol22 lowing new paragraph: 

23 ‘‘(5)(A) Notwithstanding paragraphs (1) 

24 through (4), and subject to subparagraph (B), the 

25 Secretary of Defense shall prescribe regulations to 

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1 ficiaries under this subsection, other than Medicare2 eligible beneficiaries, in order to reflect increases in 

3 health care costs. Such requirements, which may in4 clude a revised deductible amount and an enrollment 

5 fee, need not be uniform for all such beneficiaries. 

6 Any such enrollment fee may be a condition of eligi7 bility for health care benefits under chapter 55 of 

8 this title. 

9 ‘‘(B) The revisions required by subparagraph 

10 (A) may not result in average annual per person 

11 out-of-pocket costs in excess of the average annual 

12 per person out-of-pocket costs applicable in fiscal 

13 year 1996, indexed to fiscal year 2007 and future 

14 fiscal years based on the annual rate of change (in15 crease or decrease) in the average premiums under 

16 the Federal Employee Health Benefits Program 

17 under chapter 89 of title 5. 

18 ‘‘(C) In this paragraph: 

19 ‘‘(i) The term ‘Medicare-eligible bene20 ficiary’ means a person described in subsection 

21 (d). 

22 ‘‘(ii) The term ‘out-of-pocket costs’ means 

23 the portion of the total health care costs (in24 cluding deductible amounts, enrollment fees, 

25 and other cost sharing) of a beneficiary reliant 


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1 on the civilian sector component of the 

2 TRICARE Program that are not covered by 

3 such program.’’. 

4 (b) TIME FOR PROMULGATION OF REGULATIONS.— 

5 The Secretary shall prescribe the regulations required 

6 under paragraph (5) of section 1086(b) of title 10, United 

7 States Code (as added by subsection (a)), not later than 

8 90 days after the date of enactment of this Act. 

9 (c) LIMITATION.—Notwithstanding any other provi10 sion of this Act, no authority to make payments or collect 

11 any new deductible or enrollment fee under this Act shall 

12 be effective except to such extent and in such amounts 

13 as are provided in advance in appropriation Acts. 

14 Subtitle B—Other Matters 

15 SEC. 711. RESTRUCTURING THE DENTAL DIVISION OF THE 

16 BUREAU OF MEDICINE AND SURGERY. 

17 (a) IN GENERAL.—Section 5138 of title 10, United 

18 States Code, is amended— 

19 (1) in subsection (a)— 

20 (A) by striking the first sentence; and 

21 (B) by striking ‘‘Division’’ and inserting 

22 ‘‘Corps’’ in the second sentence; 

23 (2) in subsection (b), by striking ‘‘Division’’ 

24 and inserting ‘‘Corps’’; 


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1 (3) in subsection (c), by striking ‘‘, that all 

2 such’’ and all that follows and inserting a period; 

3 and 

4 (4) by amending subsection (d) to read as fol5 lows: 

6 ‘‘(d) The Chief of the Dental Corps shall serve as 

7 the advisor to the Surgeon General/Chief, Bureau of Medi8 cine and Surgery, on all matters relating directly to den9 tistry, including professional standards and policies for 

10 dental practice.’’. 

11 (b) CLERICAL AMENDMENTS.—(1) The heading of 

12 such section is amended to read as follows: 

13 ‘‘§ 5138. Bureau of Medicine and Surgery: Dental 

14 Corps; Chief’’. 

15 (2) The table of sections at the beginning of chapter 

16 513 of such title is amended by striking the item relating 

17 to section 5138 and inserting the following: 

‘‘5138. Bureau of Medicine and Surgery: Dental Corps; Chief.’’. 


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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 TITLE IX—DEPARTMENT OF DE12 FENSE ORGANIZATION AND 

13 MANAGEMENT 

14 Subtitle A—General Department of 

15 Defense Management Matters 

16 SEC. 901. UNITED STATES MARINE BAND AND UNITED 

17 STATES MARINE DRUM AND BUGLE CORPS. 

18 (a) IN GENERAL.—Section 6222 of title 10, United 

19 States Code, is amended to read as follows: 

20 ‘‘§ 6222. United States Marine Band and United 

21 States Marine Drum and Bugle Corps: 

22 composition; appointment and promotion 

23 ‘‘(a) The band of the Marine Corps shall be composed 

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1 sonnel in such numbers and grades as the Secretary of 

2 the Navy determines to be necessary. 

3 ‘‘(b) The Drum and Bugle Corps of the Marine Corps 

4 shall be composed of one commanding officer and other 

5 personnel in such numbers and grades as the Secretary 

6 of the Navy determines to be necessary. 

7 ‘‘(c) The Secretary shall prescribe regulations for the 

8 appointment and promotion of members of the Marine 

9 Band and members of the Marine Drum and Bugle Corps 

10 and the President may from time to time appoint them 

11 to grades not above the grade of captain. The President’s 

12 authority to appoint members to grades not above captain 

13 under this section may be delegated only to the Secretary 

14 of Defense without further re-delegation. The President, 

15 by and with the advice and consent of the Senate, may 

16 from time to time appoint members to grades above the 

17 grade of captain. 

18 ‘‘(d) Unless otherwise entitled to higher retired grade 

19 and retired pay, a member who holds, or has held, an ap20 pointment under this section is entitled, when retired, to 

21 be retired in, and with retired pay based on, the highest 

22 grade held under this section in which the Secretary deter23 mines that he served satisfactorily. 

24 ‘‘(e) The Secretary may revoke any appointment of 

25 a member of the Marine Band or Marine Drum and Bugle 


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1 Corps. When a member’s appointment to a commissioned 

2 grade under this section terminates, the member is enti3 tled, at his option— 

4 ‘‘(1) to be discharged from the Marine Corps; 

5 or 

6 ‘‘(2) to revert to the grade and status he held 

7 at the time of his designation.’’. 

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

9 for chapter 565 of such title is amended by striking the 

10 item relating to section 6222 and inserting the following 

11 new item: 

‘‘6222. United States Marine Band and United States Marine Drum and Bugle 

Corps: composition; appointment and promotion.’’. 

12 SEC. 902. ELIMINATION OF DUPLICATIVE VOTING ASSIST13 ANCE INSTALLATION VISITS. 

14 Section 1566 of title 10, United States Code, is 

15 amended— 

16 (1) by striking subsection (d); and 

17 (2) by redesignating subsections (e), (f), (g), 

18 (h) and (i) as subsections (d), (e), (f), (g), and (h), 

19 respectively. 


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1 Subtitle B—Space Activities 

2 SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM 

3 FOR PROVISION OF SPACE SURVEILLANCE 

4 NETWORK SERVICES TO NON-UNITED STATES 

5 GOVERNMENT ENTITIES. 

6 Section 2274(i) of title 10, United States Code, is 

7 amended by striking ‘‘shall be conducted during the three8 year period beginning on a date specified by the Secretary 

9 of Defense, which date shall be not later than 180 days 

10 after the date of the enactment of this section’’ and insert11 ing ‘‘may be conducted through September 30, 2009’’. 

12 Subtitle C—Intelligence-Related 

13 Matters 

14 SEC. 921. PERMANENT AUTHORITY FOR DEFENSE INTEL15 LIGENCE COMMERCIAL ACTIVITIES. 

16 Section 431(a) of title 10, United States Code, is 

17 amended by striking the last sentence. 

18 SEC. 922. DEFENSE INFORMATION SYSTEMS AGENCY. 

19 Section 193(f)(1) of title 10, United States Code, is 

20 amended to read as follows: 

21 ‘‘(1) The Defense Information Systems Agen22 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 TITLE X—GENERAL PROVISIONS 

19 Subtitle A—Financial Matters 

20 SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE 

21 BUDGET REQUEST FOR PROCUREMENT OF 

22 RESERVE EQUIPMENT. 

23 Section 114(e) of title 10, United States Code, is re24 pealed. 


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1 SEC. 1002. 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. 1003. 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. 1004. 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 TITLE XI—CIVILIAN PERSONNEL 

16 MATTERS 

17 SEC. 1101. PAYMENT OF FULL REPLACEMENT VALUE FOR 

18 PERSONAL PROPERTY CLAIMS OF CIVILIANS. 

19 Section 2636a(a) of title 10, United States Code, is 

20 amended by inserting ‘‘and Department of Defense civil21 ian employees’’ after ‘‘members of the armed forces’’. 


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1 TITLE XII—MATTERS RELATING 

2 TO FOREIGN NATIONS 

3 Subtitle A—Assistance and 

4 Training 

5 SEC. 1201. LOGISTIC SUPPORT OF ALLIED FORCES FOR 

6 COMBINED OPERATIONS. 

7 (a) IN GENERAL.—Chapter 3 of title 10, United 

8 States Code, is amended by inserting after section 127b 

9 the following new section: 

10 ‘‘§ 127c. Logistic support of allied forces for combined 

11 operations 

12 ‘‘(a) AUTHORITY.—The Secretary of Defense, with 

13 the concurrence of the Secretary of State, subject to the 

14 limitations of subsections (b) and (c) and notwithstanding 

15 any other provision of law, may use funds available to the 

16 Department of Defense for operations and maintenance 

17 to provide logistic support, supplies, and services, as de18 fined in section 2350(1) of this title, to allied forces par19 ticipating in combined operations with the armed forces 

20 of the United States. 

21 ‘‘(b) LIMITATIONS.—The authority conferred in sub22 section (a) is limited to— 

23 ‘‘(1) combined operations during a period of ac24 tive hostilities, a contingency, or a non-combat oper25 ation (including operations in support of the proviVerDate Aug 31 2005 00:18 Apr 19, 2006 Jkt 049200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.IH H5122

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1 sion of humanitarian or foreign disaster assistance, 

2 country stabilization operations, or peacekeeping op3 erations under chapter VI or VII of the Charter of 

4 the United Nations); and 

5 ‘‘(2) circumstances in which the Secretary of 

6 Defense determines the allied forces to be provided 

7 logistic support, supplies, and services under this 

8 section are essential to the success of the combined 

9 operation, and would not be able to participate in 

10 the combined operation but for the provision of such 

11 logistic support, supplies, and services. 

12 ‘‘(c) LIMITATION ON VALUE.—The value of logistic 

13 support, supplies, and services (including airlift and sea14 lift) provided under this section may not exceed 

15 $100,000,000 in any fiscal year. A maximum of an addi16 tional $20,000,000 per year may be provided during the 

17 periods in subsection (b) or at other times to allied forces 

18 to ensure interoperability of their logistical support sys19 tems with those of the United States to facilitate future 

20 combined operations.’’. 

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

22 at the beginning of such chapter is amended by inserting 

23 after the item relating to section 127b the following new 

24 item: 

‘‘127c. Logistic support of allied forces for combined operations.’’. 


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1 SEC. 1202. CHANGE TO ACQUISITION AND CROSS SERV2 ICING AGREEMENTS DEFINITION TO ALLOW 

3 LOAN OF SIGNIFICANT MILITARY EQUIP4 MENT. 

5 Section 2350(1) of title 10, United States Code, is 

6 amended by inserting before the period at the end the fol7 lowing: ‘‘, except that such items of significant military 

8 equipment may be provided for temporary use, not to ex9 ceed one year, to armed forces of nations participating in 

10 combined operations with United States Forces for per11 sonnel protection or to aid in personnel survivability, if 

12 the Secretary of Defense, with the concurrence of the Sec13 retary of State, determines in writing that it is in the best 

14 interests of the United States to provide such support’’. 

15 SEC. 1203. EXPANSION OF HUMANITARIAN AND CIVIC AS16 SISTANCE TO INCLUDE DEVELOPING COMMU17 NICATIONS AND INFORMATION CAPACITY. 

18 Section 401 of title 10, United States Code, is 

19 amended— 

20 (1) in subsection (c), by adding at the end the 

21 following new paragraph: 

22 ‘‘(5) Expenses covered by paragraph (1) include com23 munications or information systems equipment or supplies 

24 that are to be transferred or otherwise furnished to a for25 eign country in furtherance of the provision of assistance 

26 under this section.’’; and 


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1 (2) in subsection (e), by adding at the end the 

2 following new paragraph: 

3 ‘‘(6) Restoring or developing the capacity of the host 

4 nation’s information and communications technology 

5 where required to support other humanitarian and civic 

6 assistance currently being provided, including activities re7 lating to the furnishing of education, training, and tech8 nical assistance with respect to information and commu9 nications technology.’’. 

10 Subtitle B—Reports 

11 SEC. 1211. RELIEF OF REQUIREMENT TO SUBMIT CERTAIN 

12 ANNUAL REPORTS TO CONGRESS REGARD13 ING ALLIED CONTRIBUTIONS TO THE COM14 MON DEFENSE. 

15 (a) REPEAL OF CERTAIN REPORTS ON ALLIED CON16 TRIBUTIONS TO THE COMMON DEFENSE.—Section 1003 

17 of the Department of Defense Authorization Act, 1985 

18 (Public Law 98–525; 98 Stat. 2576) is amended by strik19 ing subsections (c) and (d). 

20 (b) REPEAL OF COST-SHARING REPORT.—Section 

21 1313 of the National Defense Authorization Act for Fiscal 

22 Year 1995 (Public Law 103–337; 108 Stat. 2894) is 

23 amended— 

24 (1) by striking subsection (c); and 


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1 (2) by redesignating subsections (d) and (e) as 

2 subsections (c) and (d), respectively. 

3 Subtitle C—Other Matters 

4 SEC. 1221. EXCLUSION OF PETROLEUM, OIL AND LUBRI5 CANTS FROM THE LIMITATIONS ON THE 

6 AMOUNT OF LIABILITIES THE UNITED 

7 STATES MAY ACCRUE UNDER ACQUISITION 

8 AND CROSS-SERVICING AGREEMENTS. 

9 Section 2347 of title 10, United States Code, is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(d) The monetary limitations contained in this sec13 tion shall not apply to the sale, purchase or exchange of 

14 petroleum, oil and lubricants.’’. 

15 TITLE XIII—COOPERATIVE 

16 THREAT REDUCTION WITH 

17 STATES OF THE FORMER SO18 VIET UNION 

19 SEC. 1301. TEMPORARY AUTHORITY TO WAIVE LIMITATION 

20 FUNDING FOR CHEMICAL WEAPONS DE21 STRUCTION FACILITY IN RUSSIA. 

22 Section 1303(b) of the Ronald W. Reagan National 

23 Defense Authorization Act for Fiscal Year 2005 (Public 

24 Law 108–375; 118 Stat. 2094) is amended by striking 

25 ‘‘shall expire on December 31, 2006, and no waiver shall 


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1 remain in effect after that date’’ and inserting ‘‘shall ex2 pire upon completion of the chemical weapons destruction 

3 facility currently under construction’’. 

4 DIVISION B—MILITARY CON5 STRUCTION AUTHORIZA6 TIONS 

7 SEC. 2001. SHORT TITLE. 

8 This division may be cited as the ‘‘Military Construc9 tion Authorization Act for Fiscal Year 2007’’. 

10 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

11 ACQUISITION PROJECTS. 

12 (a) INSIDE THE UNITED STATES.—Using amounts 

13 appropriated pursuant to the authorization of appropria14 tions in section 2104(a)(1), the Secretary of the Army 

15 may acquire real property and carry out military construc16 tion projects for the installations or locations inside the 

17 United States, and in the amounts set forth in the fol18 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 


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Army: Inside the United States—Continued 

State Installation or location Amount 

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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army 

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: 

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 

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2104(a)(3), the Secretary of the Army 


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1 may acquire real property and carry out military construc2 tion projects for unspecified installations or locations in 

3 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 

4 SEC. 2102. FAMILY HOUSING. 

5 (a) CONSTRUCTION AND ACQUISITION.—Using 

6 amounts appropriated pursuant to the authorization of ap7 propriations in section 2104(a)(6)(A), the Secretary of the 

8 Army may construct or acquire family housing units (in9 cluding land acquisition and supporting facilities) at the 

10 installations or locations, for the purposes, and in the 

11 amounts set forth in the following table: 

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 

12 (b) PLANNING AND DESIGN.—Using amounts appro13 priated pursuant to the authorization of appropriations in 

14 section 2104(a)(6)(A), the Secretary of the Army may 


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1 carry out architectural and engineering services and con2 struction design activities with respect to the construction 

3 or improvement of family housing units in an amount not 

4 to exceed $16,332,000. 

5 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

6 UNITS. 

7 Subject to section 2825 of title 10, United States 

8 Code, and using amounts appropriated pursuant to the 

9 authorization of appropriations in section 2104(a)(6)(A), 

10 the Secretary of the Army may improve existing military 

11 family housing units in an amount not to exceed 

12 $336,859,000. 

13 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

15 are hereby authorized to be appropriated for fiscal years 

16 beginning after September 30, 2006, for military con17 struction, land acquisition, and military family housing 

18 functions of the Department of the Army in the total 

19 amount of $3,331,582,000 as follows: 

20 (1) For military construction projects inside the 

21 United States authorized by section 2101(a), 

22 $1,150,450,000. 

23 (2) For military construction projects outside 

24 the United States authorized by section 2101(b), 

25 $491,182,000. 


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1 (3) For the military construction projects at 

2 unspecified worldwide locations authorized by section 

3 2101(c), $34,800,000. 

4 (4) For unspecified minor military construction 

5 projects authorized by section 2805 of title 10, 

6 United States Code, $23,000,000. 

7 (5) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $212,830,000. 

10 (6) For military family housing functions: 

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military 

13 family housing and facilities, $594,991,000. 

14 (B) For support of military family housing 

15 (including the functions described in section 

16 2833 of title 10, United States Code), 

17 $676,829,000. 

18 (7) For the construction of increment 2 of a 

19 barracks complex at Fort Drum, New York, author20 ized by section 2101(a) of the Military Construction 

21 Authorization Act for Fiscal Year 2006 (division B 

22 of Public Law 109–163; 119 Stat. 3485), 

23 $16,500,000. 

24 (8) For the construction of increment 2 of a 

25 barracks complex at Fort Bragg, North Carolina, 


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1 authorized by section 2101(a) of the Military Con2 struction Authorization Act for Fiscal Year 2006 

3 (division B of Public Law 109–163; 119 Stat. 

4 3485), $37,000,000. 

5 (9) For the construction of increment 2 of a 

6 barracks complex at Fort Bragg, North Carolina, 

7 authorized by section 2101(a) of the Military Con8 struction Authorization Act for Fiscal Year 2006 

9 (division B of Public Law 109–163; 119 Stat. 

10 3485), $50,000,000. 

11 (10) For the construction of increment 2 of a 

12 barracks complex at Fort Bragg, North Carolina, 

13 authorized by section 2101(a) of the Military Con14 struction Authorization Act for Fiscal Year 2006 

15 (division B of Public Law 109–163; 119 Stat. 

16 3485), $31,000,000. 

17 (11) For the construction of phase 2 of the De18 fense Access Road at Fort Belvoir, Virginia, author19 ized by section 2101(a) of the Military Construction 

20 Authorization Act for Fiscal Year 2006 (division B 

21 of Public Law 109–163; 119 Stat. 3486), 

22 $13,000,000. 

23 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

24 PROJECTS.—Notwithstanding the cost variations author25 ized by section 2853 of title 10, United States Code, and 


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1 any other cost variation authorized by law, the total cost 

2 of all projects carried out under section 2101 of this Act 

3 may not exceed the sum of the following: 

4 (1) The total amount authorized to be appro5 priated under paragraphs (1), (2), and (3) of sub6 section(a). 

7 (2) $306,000,000 (the balance of the amount 

8 authorized under section 2101(a) for construction of 

9 a Brigade Complex for Fort Lewis, Washington). 

10 TITLE XXII—NAVY 

11 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

12 ACQUISITION PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts 

14 appropriated pursuant to the authorization of appropria15 tions in section 2204(a)(1), the Secretary of the Navy may 

16 acquire real property and carry out military construction 

17 projects for the installations or locations inside the United 

18 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 


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Navy: Inside the United States—Continued 

State Installation or location Amount 

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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installation or location outside the United 

6 States, and in the amount set forth in the following table: 

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 

7 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2204(a)(3), the Secretary of the Navy may 

10 acquire real property and carry out military construction 

11 projects for unspecified installations or locations in the 

12 amount set forth in the following table: 


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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 

1 SEC. 2202. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a)(6)(A), the Secretary of the 

5 Navy may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the 

7 installations or locations, for the purposes and in the 

8 amount set forth in the following table: 

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 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2204(a)(6)(A), the Secretary of the Navy 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 $2,600,000. 


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1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2204(a)(6)(A), 

6 the Secretary of the Navy may improve existing military 

7 family housing units in an amount not to exceed 

8 $176,446,000. 

9 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal years beginning after September 30, 2006, for mili12 tary construction, land acquisition, and military family 

13 housing functions of the Department of the Navy in the 

14 total amount of $2,085,371,000, as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2201(a), 

17 $814,471,000. 

18 (2) For military construction projects outside 

19 the United States authorized by section 2201(b), 

20 $50,524,000. 

21 (3) For military construction projects at un22 specified worldwide locations authorized by section 

23 2201(c), $23,744,000. 

24 (4) For unspecified minor military construction 

25 projects authorized by section 2805 of title 10, 

26 United States Code, $8,939,000. 


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1 (5) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $67,861,000. 

4 (6) For military family housing functions: 

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military 

7 family housing and facilities, $305,071,000. 

8 (B) For support of military family housing 

9 (including functions described in section 2833 

10 of title 10, United States Code), $509,126,000. 

11 (7) For the construction of incremented heli12 copter hangar replacement at Jacksonville, Florida, 

13 authorized by section 2201(a) of the Military Con14 struction Authorization Act for Fiscal Year 2006 

15 (division B of Public Law 109–163; 119 Stat. 

16 3489), $43,250,000. 

17 (8) For the construction of Alpha/Bravo 

18 wharves improvements at Naval Station Guam, Mar19 ianas Islands, authorized by section 2201(b) of the 

20 Military Construction Authorization Act for Fiscal 

21 Year 2006 (division B of Public Law 109–163; 119 

22 Stat. 3490), $29,772,000. 

23 (9) For the construction of increment 2 of re24 cruit training barracks infrastructure upgrade at 

25 Recruit Training Command, Great Lakes, Illinois, 


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1 authorized by section 2201(a) of the Military Con2 struction Authorization Act for Fiscal Year 2006 

3 (division B of Public Law 109–163; 119 Stat. 

4 3490), $23,589,000. 

5 (10) For the construction of increment 2 of the 

6 Wesley Brown Field House at the United States 

7 Naval Academy, Annapolis, Maryland, authorized by 

8 section 2201(a) of the Military Construction Author9 ization Act of Fiscal Year 2006 (division B of Public 

10 Law 109–163; 119 Stat. 3490), $26,685,000. 

11 (11) For the construction of increment 2 of 

12 wharf upgrades at Yokosuka, Japan, authorized by 

13 section 2201(b) of the Military Construction Author14 ization Act of Fiscal Year 2006 (division B of Public 

15 Law 109–163; 119 Stat. 3490), $44,360,000. 

16 (12) For the construction of increment 2 of the 

17 ship repair pier 3 replacement at Naval Station Nor18 folk, Virginia, authorized by section 2201(a) of the 

19 Military Construction Authorization Act of Fiscal 

20 Year 2006 (division B of Public Law 109–163; 119 

21 Stat. 3490), $30,939,000. 

22 (13) For the construction of increment 2 of the 

23 Bachelor Enlisted Quarters Homeport Ashore Pro24 gram at Naval Station Everett, Washington, author25 ized by section 2201(a) of the Military Construction 


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1 Authorization Act of Fiscal Year 2006 (division B of 

2 Public Law 109–163; 119 Stat. 3490), $20,917,000. 

3 (14) For the construction of phase 2 of the rec4 lamation/conveyance at Marine Corps Base Camp 

5 Pendleton, California, authorized by section 2201(a) 

6 of the Military Construction Authorization Act of 

7 Fiscal Year 2006 (division B of Public Law 109– 

8 163; 119 Stat. 3490), $33,290,000. 

9 (15) For the construction of the next increment 

10 of the outlaying landing field facilities at Wash11 ington County, North Carolina, authorized by sec12 tion 2201(a) of the Military Construction Authoriza13 tion Act of Fiscal Year 2005 (division B of Public 

14 Law 108–375; 118 Stat. 2100), $7,926,000. 

15 (16) For the construction of increment 3 of the 

16 limited area production and storage complex at 

17 Naval Submarine Base Bangor, Washington, author18 ized by section 2201(a) of the Military Construction 

19 Authorization Act of Fiscal Year 2005 (division B of 

20 Public Law 108–375; 118 Stat. 2100), $14,274,000. 

21 (17) For the construction of increment 4 of pier 

22 11 replacement at Naval Station Norfolk, Virginia, 

23 authorized by section 2201(a) of the Military Con24 struction Authorization Act for Fiscal Year 2004 


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1 (division B of Public Law 108–136; 117 Stat. 

2 1704), $30,633,000. 

3 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

4 CERTAIN FISCAL YEAR 2004 AND 2005 

5 PROJECTS. 

6 (a) FISCAL YEAR 2004 INSIDE THE UNITED STATES

7 PROJECT.—The table in section 2201(a) of the Military 

8 Construction Authorization Act for Fiscal Year 2004 (di9 vision B of Public Law 108–136; 117 Stat. 1704), as 

10 amended by section 2205 of the Military Construction Au11 thorization Act for Fiscal Year 2006 (division B of Public 

12 Law 109–163; 119 Stat. 3492), is further amended— 

13 (1) in the item relating to Various Locations, 

14 CONUS, by striking ‘‘$56,360,000’’ and inserting 

15 ‘‘$193,260,000’’; and 

16 (2) by striking the amount identified as the 

17 total in the amount column and inserting 

18 ‘‘$1,489,424,000’’. 

19 (b) FISCAL YEAR 2005 INSIDE THE UNITED STATES

20 PROJECT.—The table in section 2201(a) of the Military 

21 Construction Authorization Act for Fiscal Year 2005 (di22 vision B of Public Law 108–375; 118 Stat. 2105), as 

23 amended by section 2206 of the Military Construction Au24 thorization Act for Fiscal Year 2006 (division B of Public 

25 Law 109–163; 119 Stat. 3493), is further amended— 


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1 (1) by striking the item relating to Navy Out2 lying Landing Field, Washington County; and 

3 (2) by striking the amount identified as the 

4 total in the amount column and inserting 

5 ‘‘$825,479,000’’. 

6 (c) CONFORMING AMENDMENTS.—(1) Section 

7 2204(b)(6) of the Military Construction Authorization Act 

8 for Fiscal Year 2004 (division B of Public Law 108–136; 

9 117 Stat. 1706) is amended by striking ‘‘$28,750,000’’ 

10 and inserting ‘‘$165,650,000’’. 

11 (2) Section 2204 of the Military Construction Au12 thorization Act for Fiscal Year 2005 (division B of Public 

13 Law 108–375; 118 Stat. 2107) is amended— 

14 (A) in subsection (a), by adding at the end the 

15 following new paragraph: 

16 ‘‘(10) For the construction of increment 2 of 

17 Various Locations, CONUS, authorized by section 

18 2201(a) of the Military Construction Authorization 

19 Act for Fiscal Year 2004 (division B of Public Law 

20 108–136; 117 Stat. 1704), $30,000,000’’; and 

21 (B) in subsection (b), by striking paragraph 

22 (3). 


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1 TITLE XXIII—AIR FORCE 

2 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

3 LAND ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2304(a)(1), the Secretary of the Air Force 

7 may acquire real property and carry out military construc8 tion projects for the installations or locations inside the 

9 United States, and in the amounts set forth in the fol10 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 

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 


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Air Force: Inside the United States—Continued 

State Installation or location Amount 

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 

Osan Air Base ................................ $2,156,000 

Total ....................................... $182,806,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2304(a)(4), the Secretary of the Air Force 

11 may acquire real property and carry out military construc12 tion projects for unspecified installations or locations in 

13 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 


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Air Force: Unspecified Worldwide—Continued 

Location Installation or location Amount 

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 

1 SEC. 2302. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(5)(A), the Secretary of the 

5 Air Force 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: 

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 


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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), 

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed 

15 $403,727,000. 

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

17 FORCE. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2006, for mili20 tary construction, land acquisition, and military family 

21 housing functions of the Department of the Air Force in 

22 the total amount of $3,094,357,000, as follows: 

23 (1) For military construction projects inside the 

24 United States authorized by section 2301(a), 

25 $736,661,000. 


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1 (2) For military construction projects outside 

2 the United States authorized by section 2301(b), 

3 $182,806,000. 

4 (3) For the military construction projects at 

5 unspecified worldwide locations authorized by section 

6 2301(c), $49,877,000. 

7 (4) For unspecified minor military construction 

8 projects authorized by section 2805 of title 10, 

9 United States Code, $15,000,000. 

10 (5) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $87,504,000. 

13 (6) For military family housing functions: 

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military 

16 family housing and facilities, $1,183,138,000. 

17 (B) For support of military family housing 

18 (including functions described in section 2833 

19 of title 10, United States Code), $755,071,000. 

20 (7) For the construction of phase 2 of the C– 

21 17 maintenance complex at Elmendorf Air Force 

22 Base, Alaska, authorized by section 2301(a) of the 

23 Military Construction Authorization Act for Fiscal 

24 Year 2006 (division B of Public Law 109–163; 119 

25 Stat. 3494), $30,000,000. 


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1 (8) For the construction of phase 2 of the main 

2 base runway at Edwards Air Force Base, California, 

3 authorized by section 2301(a) of the Military Con4 struction Authorization Act for Fiscal Year 2006 

5 (division B of Public Law 109–163; 119 Stat. 

6 3494), $31,000,000. 

7 (9) For the construction of phase 2 of the 

8 CENTCOM Joint Intelligence Center at MacDill Air 

9 Force Base, Florida, authorized by section 2301(a) 

10 of the Military Construction Authorization Act for 

11 Fiscal Year 2006 (division B of Public Law 109– 

12 163; 119 Stat. 3494), $23,300,000. 

13 TITLE XXIV—DEFENSE 

14 AGENCIES 

15 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC16 TION AND LAND ACQUISITION PROJECTS. 

17 (a) INSIDE THE UNITED STATES.—Using amounts 

18 appropriated pursuant to the authorization of appropria19 tions in section 2404(a)(1), the Secretary of Defense may 

20 acquire real property and carry out military construction 

21 projects for the installations or locations inside the United 

22 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 


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Defense Agencies: Inside the United States—Continued 

Agency Installation or location Amount 

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 

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 


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1 United States, and in the amounts set forth in the fol2 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 

3 SEC. 2402. FAMILY HOUSING. 

4 (a) CONSTRUCTION AND ACQUISITION.—Using 

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2404(a)(9)(A), the Secretary of the 

7 Defense may construct or acquire family housing units 

8 (including land acquisition and supporting facilities) at the 

9 installations or locations, for the purposes, and in the 

10 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 


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Defense Agencies: Family Housing—Continued 

State Installation or location Purpose Amount 

Total ....... $7,840,000 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2404(a)(9)(A), the Secretary of the Defense 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 $484,000. 

8 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2404(a)(6), the Sec11 retary of Defense may carry out energy conservation 

12 projects under section 2865 of title 10, United States 

13 Code, in the amount of $60,000,000. 

14 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE15 FENSE AGENCIES. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2006, for mili18 tary construction, land acquisition, and military family 

19 housing functions of the Department of Defense (other 

20 than the military departments) in the total amount of 

21 $7,085,455,000, as follows: 


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1 (1) For military construction projects inside the 

2 United States authorized by section 2401(a), 

3 $669,034,000. 

4 (2) For military construction projects outside 

5 the United States authorized by section 2401(b), 

6 $217,175,000. 

7 (3) For unspecified minor military construction 

8 projects under section 2805 of title 10, United 

9 States Code, $21,672,000. 

10 (4) For contingency construction projects of the 

11 Secretary of Defense under section 2804 of title 10, 

12 United States Code, $10,000,000. 

13 (5) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $172,150,000. 

16 (6) For Energy Conservation projects author17 ized by section 2403, $60,000,000. 

18 (7) For base closure and realignment activities 

19 funded through the account created pursuant to sec20 tion 2906 of, and authorized by, the Defense Base 

21 Closure and Realignment Act of 1990 (part A of 

22 title XXIX of Public Law 101–510, as amended; 10 

23 U.S.C. 2687 note), $191,220,000. 

24 (8) For base closure and realignment activities 

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1 tion 2906A of, and authorized by, the Defense Base 

2 Closure and Realignment Act of 1990 (part A of 

3 title XXIX of Public Law 101–510, as amended; 10 

4 U.S.C. 2687 note), $5,626,223,000. 

5 (9) For military family housing functions: 

6 (A) For construction and acquisition, plan7 ning and design, and improvement of military 

8 family housing and facilities, $8,808,000. 

9 (B) For support of military family housing 

10 (including functions described in section 2833 

11 of title 10, United States Code), $48,506,000. 

12 (C) For credit to the Department of De13 fense Family Housing Improvement Fund es14 tablished by section 2883(a)(1) of title 10, 

15 United States Code, $2,500,000. 

16 (10) For the construction of NSA/CSS Hawaii 

17 replacement at Kunia, Hawaii, authorized by section 

18 2401(a) of the Military Construction Authorization 

19 Act of Fiscal Year 2006 (division B of Public Law 

20 109–163; 119 Stat. 3497), $47,016,000. 

21 (11) For the construction of increment 2 of the 

22 classified material conversion facility at Fort Meade, 

23 Maryland, authorized by section 2401(a) of the Mili24 tary Construction Authorization Act of Fiscal Year 


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1 2006 (division B of Public Law 109–163; 119 Stat. 

2 3497), $11,151,000. 

3 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT 

4 CERTAIN FISCAL YEAR 2006 PROJECT. 

5 The table in section 2401(a) of the Military Construc6 tion Authorization Act for Fiscal Year 2006 (division B 

7 of Public Law 109–163; 119 Stat. 3497) is amended 

8 under the agency heading relating to National Security 

9 Agency, in the item relating to Kunia, Hawaii, by striking 

10 ‘‘$305,000,000’’ in the amount column and inserting 

11 ‘‘$350,490,000’’. 

12 TITLE XXV—NORTH ATLANTIC 

13 TREATY ORGANIZATION SE14 CURITY INVESTMENT PRO15 GRAM 

16 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

17 ACQUISITION PROJECTS. 

18 The Secretary of Defense may make contributions for 

19 the North Atlantic Treaty Organization Security Invest20 ment Program as provided in section 2806 of title 10, 

21 United States Code, in an amount not to exceed the sum 

22 of the amount authorized to be appropriated for this pur23 pose in section 2502 and the amount collected from the 

24 North Atlantic Treaty Organization as a result of con25 struction previously financed by the United States. 


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1 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal years beginning after September 30, 2006, for con4 tributions by the Secretary of Defense under section 2806 

5 of title 10, United States Code, for the share of the United 

6 States of the cost of projects for the North Atlantic Treaty 

7 Organization Security Investment Program authorized by 

8 section 2501, in the amount of $220,985,000. 

9 TITLE XXVI—CHEMICAL DEMILI10 TARIZATION CONSTRUCTION, 

11 DEFENSE 

12 SEC. 2601. AUTHORIZATION OF APPROPRIATIONS, CHEM13 ICAL DEMILITARIZATION. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal years beginning after September 30, 2006, for mili16 tary construction and land acquisition for Chemical De17 militarization in the total amount of $130,993,000, as fol18 lows: 

19 (1) For the construction of phase 8 of a muni20 tions demilitarization facility at Pueblo Chemical Ac21 tivity, Colorado, authorized by section 2401(a) of the 

22 Military Construction Authorization Act for Fiscal 

23 Year 1997 (division B of Public Law 104–201; 110 

24 Stat. 2775), as amended by section 2406 of the Mili25 tary Construction Authorization Act for Fiscal Year 

26 2000 (division B of Public Law 106–65; 113 Stat. 


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1 839), and section 2407 of the Military Construction 

2 Authorization Act for Fiscal Year 2003 (division B 

3 of Public Law 107-314; 116 Stat. 2697), 

4 $41,836,000. 

5 (2) For the construction of phase 7 of a muni6 tions demilitarization facility at Blue Grass Army 

7 Depot, Kentucky, authorized by section 2401(a) of 

8 the Military Construction Authorization Act for Fis9 cal Year 2000 (division B of Public Law 106–65; 

10 113 Stat. 835), as amended by section 2405 of the 

11 Military Construction Authorization Act of 2002 (di12 vision B of Public Law 107–107; 115 Stat. 1298), 

13 and section 2405 of the Military Construction Au14 thorization Act for Fiscal Year 2003 (division B of 

15 Public Law 107–314; 116 Stat. 2697), $89,157,000. 

16 TITLE XXVII—GUARD AND 

17 RESERVE FORCES FACILITIES 

18 SEC. 2701. AUTHORIZED GUARD AND RESERVE CONSTRUC19 TION AND LAND ACQUISITION PROJECTS. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal years beginning after September 30, 2006, for the 

22 costs of acquisition, architectural and engineering services, 

23 and construction of facilities for the reserve components, 

24 and for contributions therefor, under chapter 1803 of title 


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1 10, United States Code (including the cost of acquisition 

2 of land for those facilities), in the following amounts: 

3 (1) For the Department of the Army— 

4 (A) for the Army National Guard of the 

5 United States, $473,197,000; and 

6 (B) for the Army Reserve, $166,487,000. 

7 (2) For the Department of the Navy, for the 

8 Navy and Marine Corps Reserve, $48,408,000. 

9 (3) For the Department of the Air Force10 (A) for the Air National Guard of the 

11 United States, $125,788,000; and 

12 (B) for the Air Force Reserve, 

13 $44,936,000. 

14 TITLE XXVIII—EXPIRATION AND 

15 EXTENSION OF AUTHORIZA16 TIONS 

17 SEC. 2801. EXPIRATION OF AUTHORIZATIONS AND 

18 AMOUNTS REQUIRED TO BE SPECIFIED BY 

19 LAW. 

20 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

21 YEARS.—Except as provided in subsection (b), all author22 izations contained in titles XXI through XXVIII for mili23 tary construction projects, land acquisition, family housing 

24 projects and facilities, and contributions to the North At25 lantic Treaty Organization Security Investment Program 


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1 (and authorizations of appropriations therefor) shall ex2 pire on the later of— 

3 (1) October 1, 2009; or 

4 (2) the date of the enactment of an Act author5 izing funds for military construction for fiscal year 

6 2010. 

7 (b) EXCEPTION.—Subsection (a) shall not apply to 

8 authorizations for military construction projects, land ac9 quisition, family housing projects and facilities, and con10 tributions to the North Atlantic Treaty Organization Se11 curity Investment Program (and authorizations of appro12 priations therefor), for which appropriated funds have 

13 been obligated before the later of— 

14 (1) October 1, 2009; or 

15 (2) the date of the enactment of an Act author16 izing funds for fiscal year 2010 for military con17 struction projects, land acquisition, family housing 

18 projects and facilities, or contributions to the North 

19 Atlantic Treaty Organization Security Investment 

20 Program. 

21 SEC. 2802. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

22 FISCAL YEAR 2004 PROJECTS. 

23 (a) EXTENSION.—Notwithstanding section 2701 of 

24 the Military Construction Authorization Act for Fiscal 

25 Year 2004 (division B of Public Law 108–136; 117 Stat. 


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1 1704), authorizations set forth in the tables in subsection 

2 (b), as provided in sections 2101, 2301, 2302, 2401, and 

3 2701 of that Act, shall remain in effect until October 1, 

4 2007, or the date of the enactment of an Act authorizing 

5 funds for military construction for fiscal year 2008, which6 ever is later. 

7 (b) TABLES.—The tables referred to in subsection (a) 

8 are as follows: 

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 


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Air Force: Extension of 2004 Project 

Authorizations—Continued 

State Installation or location Project Amount 

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 

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 


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1 Year 2003 (division B of Public Law 107–314; 116 Stat. 

2 2681), authorizations set forth in the tables in subsection 

3 (b), as provided in section 2302 of that Act, shall remain 

4 in effect until October 1, 2006, or the date of the enact5 ment of an Act authorizing funds for military construction 

6 for fiscal year 2007, whichever is later. 

7 (b) TABLES.—The tables referred to in subsection (a) 

8 are as follows: 

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 


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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: 

12 ‘‘§ 2810. Authority to use operation and maintenance 

13 funds for construction projects outside 

14 the United States 

15 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

16 obligate appropriated funds available for operation and 

17 maintenance to carry out a construction project outside 

18 the United States that the Secretary determines meets 

19 each of the following conditions: 

20 ‘‘(1) The construction is necessary to meet ur21 gent military operational requirements involving the 

22 use of the armed forces in support of a declaration 

23 of war, the declaration by the President of a na24 tional emergency under section 201 of the National 


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1 Emergencies Act (50 U.S.C. 1621), or a contingency 

2 operation. 

3 ‘‘(2) The requirement is of a temporary nature, 

4 such that there is no intention of using the construc5 tion after the operational requirements have been 

6 satisfied. 

7 ‘‘(3) The level of construction is the minimum 

8 necessary to meet the temporary operational require9 ments. 

10 ‘‘(b) LIMITATION ON USE OF AUTHORITY.—(1) The 

11 total cost of the construction projects carried out under 

12 this section shall not exceed $200,000,000 in any fiscal 

13 year. 

14 ‘‘(2) The Secretary of Defense may waive the limita15 tion imposed by paragraph (1) if the Secretary determines 

16 that the obligation of operation and maintenance funds 

17 for construction projects in excess of the amount specified 

18 in such paragraph is vital to the national security. 

19 ‘‘(3) Upon use of the waiver authority granted by 

20 paragraph (2), the Secretary shall notify the Office of 

21 Management and Budget of the amounts of operation and 

22 maintenance funds obligated in excess of $200,000,000 

23 along with a description of the projects so funded. 

24 ‘‘(c) RELATION TO OTHER AUTHORITIES.—The au25 thority provided by this section, and the limited authority 


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1 provided by section 2805(c) of this title, are the only au2 thorities available to the Secretary of Defense and the Sec3 retaries of the military departments to use appropriated 

4 funds available for operation and maintenance to carry out 

5 construction projects.’’. 

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

7 at the beginning of such chapter is amended by inserting 

8 after the item relating to section 2809 the following new 

9 item: 

‘‘2810. Authority to use operation and maintenance funds for construction 

projects outside the United States.’’. 

10 SEC. 2902. PILOT PROJECTS FOR ACQUISITION OR CON11 STRUCTION OF MILITARY UNACCOMPANIED 

12 HOUSING. 

13 Section 2881a of title 10, United States Code, is 

14 amended— 

15 (1) in subsection (d)(2), by striking ‘‘90’’ and 

16 inserting ‘‘30’’; 

17 (2) in subsection (e)(2), by striking ‘‘90’’ and 

18 inserting ‘‘30’’; and 

19 (3) in subsection (f), by striking ‘‘2007’’ and 

20 inserting ‘‘2009’’. 


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1 SEC. 2903. AUTHORIZE USE OF OPERATION AND MAINTE2 NANCE FUNDS TO CARRY OUT MINOR CON3 STRUCTION NECESSARY TO REPLACE DAM4 AGED OR DESTROYED FACILITIES. 

5 Section 2854 of title 10, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(c) The Secretary concerned may spend from appro9 priations available for operations and maintenance 

10 amounts necessary to carry out a construction project 

11 under this section costing not more than $7,500,000.’’. 

12 SEC. 2904. ALTERNATIVE USE OF PROCEEDS FROM THE 

13 SALE OF MILITARY FAMILY HOUSING IN SUP14 PORT OF THE MILITARY HOUSING PRIVAT15 IZATION INITIATIVE. 

16 (a) TRANSFER FLEXIBILITY.—Section 2831 of title 

17 10, United States Code, is amended— 

18 (1) in subsection (b), by striking ‘‘There’’ and 

19 inserting ‘‘Except as provided in subsection (e), 

20 there’’; 

21 (2) by redesignating subsections (e) and (f) as 

22 subsections (f) and (g), respectively; and 

23 (3) by inserting after subsection (d) the fol24 lowing new subsection (e): 

25 ‘‘(e) The Secretary concerned may transfer funds re26 ceived under paragraph (3) of subsection (b) to the DeVerDate Aug 31 2005 00:18 Apr 19, 2006 Jkt 049200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.IH H5122

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1 partment of Defense Family Housing Improvement Fund 

2 established under subsection (a) of section 2883 of this 

3 title.’’. 

4 (b) EXPANSION OF CREDITS AND NOTIFICATION RE5 QUIREMENT.—Section 2883 of such title is amended— 

6 (1) in subsection (c), by adding at the end of 

7 paragraph (1) the following new subparagraph: 

8 ‘‘(G) Subject to subsection (f), any amounts 

9 from the proceeds of handling or disposal of family 

10 housing of a military department transferred to that 

11 Fund pursuant to section 2831(e) of this title.’’; and 

12 (2) in subsection (f), by inserting ‘‘, (1)(G)’’ 

13 after ‘‘Fund under paragraph (1)(B)’’. 

14 SEC. 2905. UPDATING FOREIGN CURRENCY FLUCTUATION 

15 ADJUSTMENT FOR MILITARY FAMILY HOUS16 ING LEASES IN FOREIGN COUNTRIES. 

17 Section 2828(e)(5)(A) of title 10, United States 

18 Code, is amended by striking ‘‘for foreign currency fluc19 tuations from October 1, 1987’’ and inserting ‘‘at the be20 ginning of each fiscal year, for foreign currency fluctua21 tions during the previous fiscal year’’. 

22 SEC. 2906. MILITARY UNACCOMPANIED HOUSING: LOCAL 

23 COMPARABILITY OF FLOOR AREAS. 

24 (a) IN GENERAL.—Section 2856 of title 10, United 

25 States Code, is amended to read as follows: 


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1 ‘‘§ 2856. Military unaccompanied housing: local com2 parability of floor areas 

3 ‘‘In the construction, acquisition, and improvement of 

4 military unaccompanied housing, the Secretary concerned 

5 shall ensure that the floor areas of such housing in a par6 ticular locality (as designated by the Secretary concerned 

7 for purposes of this section) do not exceed the floor areas 

8 of similar housing in the private sector in that locality.’’. 

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

10 at the beginning of chapter 169 of such title is amended 

11 by striking the item related to section 2856 and inserting 

12 the following: 

‘‘2856. Military unaccompanied housing: local comparability of floor areas.’’. 

13 SEC. 2907. FLEXIBLE FINANCING OF HOUSING PRIVATIZA14 TION INITIATIVE. 

15 Section 2883(d) of title 10, United States Code, is 

16 amended by adding at the end the following new para17 graph: 

18 ‘‘(4) Notwithstanding the requirement in paragraphs 

19 (1) and (2) for authority in an appropriation Act to ex20 pend amounts in the Funds, amounts credited to the 

21 Funds under paragraphs (1)(C), (1)(D), (2)(C), and 

22 (2)(D) in subsection (c) may be used to carry out or facili23 tate the carrying out of a transaction as authorized by 

24 section 2872 after the end of the 30-day period beginning 

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1 tice of, and justification for, the use of such amounts to 

2 the appropriate committees of Congress or, if earlier, the 

3 end of the 14-day period beginning on the date on which 

4 a copy of the notice and justification is provided in an 

5 electronic medium pursuant to section 480 of this title.’’. 

6 SEC. 2908. STREAMLINING MILITARY CONSTRUCTION 

7 THRESHOLDS. 

8 (a) EMERGENCY CONSTRUCTION.—Section 

9 2803(c)(1) of title 10, United States Code, is amended 

10 by striking ‘‘$45,000,000’’ and inserting ‘‘$60,000,000’’. 

11 (b) MINOR CONSTRUCTION THRESHOLDS.—Section 

12 2805 of such title is amended— 

13 (1) in subsection (a)(1)— 

14 (A) by striking ‘‘$1,500,000’’ and inserting 

15 ‘‘$3,000,000’’; and 

16 (B) by striking the third sentence; 

17 (2) in subsection (b)(1), by striking ‘‘$750,000’’ 

18 and inserting ‘‘$1,500,000 ($3,000,000 for a med19 ical facility)’’; 

20 (3) in subsection (c)(1)— 

21 (A) in subparagraph (A)— 

22 (i) by striking ‘‘$1,500,000’’ and in23 serting ‘‘$3,000,000’’; 

24 (ii) by inserting ‘‘for a medical facility 

25 or’’ after ‘‘project’’; and 


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1 (iii) by striking ‘‘or’’ at the end; and 

2 (B) in subparagraph (B)— 

3 (i) by striking ‘‘$750,000’’ and insert4 ing ‘‘$1,500,000’’; and 

5 (ii) by striking the period at the end 

6 and inserting ‘‘; or’’; and 

7 (4) by adding at the end the following new sub8 paragraph: 

9 ‘‘(C) $2,000,000, in cases where the disposal of 

10 obsolete facilities as part of the project results in a 

11 reduction in facility value at least equal to the value 

12 of the new facility. The approving official must cer13 tify the demolition (or disposal by other means) of 

14 the offsetting facility.’’. 

15 SEC. 2909. INCREASED LEASE AMOUNT FOR TWO HOUSING 

16 UNITS FOR UNITED STATES SPECIAL OPER17 ATIONS COMMAND SOUTH. 

18 Section 2828(b) of title 10, United States Code, is 

19 amended— 

20 (1) in paragraph (2)— 

21 (A) by striking ‘‘paragraphs (3) and (4)’’ 

22 and inserting ‘‘paragraphs (3), (4), and (5)’’; 

23 and 

24 (B) by striking ‘‘paragraph (5)’’ and in25 serting ‘‘paragraph (6)’’; 


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1 (2) in paragraph (3), by striking ‘‘paragraph 

2 (5)’’ and inserting ‘‘paragraph (6)’’; 

3 (3) in paragraph (4)(B), by striking ‘‘para4 graph (6)’’ and inserting ‘‘paragraph (7)’’; 

5 (4) by redesignating paragraphs (5) and (6) as 

6 paragraphs (6) and (7), respectively; 

7 (5) by inserting after paragraph (4) the fol8 lowing new paragraph (5): 

9 ‘‘(5)(A) The Secretary of the Army may lease not 

10 more than two housing units in the vicinity of Homestead, 

11 Florida, for key and essential personnel, as designated by 

12 the Secretary, for the United States Special Operations 

13 Command South for which the expenditure for the rental 

14 of such units (including the costs of utilities, maintenance, 

15 and operation, including security enhancements) exceeds 

16 the expenditure limitations in paragraphs (2) and (3). 

17 ‘‘(B) The total amount of both leases under this para18 graph may not exceed $70,000 per year, as adjusted from 

19 time to time under paragraph (7). 

20 ‘‘(C) The term of any lease under this paragraph may 

21 not exceed 5 years.’’; and 

22 (6) in paragraph (7), as redesignated, by strik23 ing ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4) 

24 and (5)’’. 


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1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2911. REPEAL REQUIREMENT TO DETERMINE THE 

4 AVAILABILITY OF SUITABLE ALTERNATIVE 

5 HOUSING FOR ACQUISITION IN LIEU OF CON6 STRUCTION OF NEW FAMILY HOUSING. 

7 (a) IN GENERAL.—Section 2823 of title 10, United 

8 States Code, is repealed. 

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

10 at the beginning of chapter 169 of such title is amended 

11 by striking the item related to section 2823. 

12 SEC. 2912. CLARIFICATION OF POTENTIAL RECIPIENTS OF 

13 PLANNING GRANTS. 

14 Section 2391(d)(1) of title 10, United States Code, 

15 is amended by adding at the end the following new sen16 tence: ‘‘For purposes of subsection (b)(1)(D) of this sec17 tion, a ‘military installation’ may also include a military 

18 facility owned and operated by a State, the District of Co19 lumbia, the Commonwealth of Puerto Rico, Guam, or the 

20 Virgin Islands even though not under the jurisdiction of 

21 a military department, if the military facility is subject 

22 to significant use for training by the armed forces.’’. 


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1 SEC. 2913. CONSOLIDATION OF EASEMENT PROVISIONS. 

2 (a) CONSOLIDATION OF EASEMENT PROVISIONS.— 

3 (1) Section 2668 of title 10, United States Code, is in4 serted after section 2671 of such title. 

5 (2) Section 2672, as redesignated by paragraph (1), 

6 is amended— 

7 (A) by amending the heading to read as follows: 

8 ‘‘§ 2672. Easements: Rights-of-way’’; 

9 (B) in subsection (a)— 

10 (i) by inserting ‘‘(a) TYPES OF EASE11 MENTS.—’’ after ‘‘(a)’’; and 

12 (ii) in the matter preceding paragraph (1), 

13 by striking ‘‘to a State, Territory, Common14 wealth, or possession, or political subdivision 

15 thereof, or to a citizen, association, partnership, 

16 or corporation of a State, Territory, Common17 wealth, or possession,’’; 

18 (iii) in paragraph (2), by striking ‘‘oil pipe 

19 lines’’ and inserting ‘‘gas, water, sewer, and oil 

20 pipe lines’’; and 

21 (iv) in paragraph (13), by striking ‘‘, ex22 cept a purpose covered by section 2669 of this 

23 title’’; 

24 (C) in subsection (b), by inserting ‘‘LIMITATION

25 ON SIZE.—’’ after ‘‘(b)’’; 


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1 (D) in subsection (c), by inserting ‘‘TERMI2 NATION.—’’ after ‘‘(c)’’; 

3 (E) in subsection (d), by inserting ‘‘NOTICE TO

4 DEPARTMENT OF THE INTERIOR.—’’ after ‘‘(d)’’; 

5 and 

6 (F) in subsection (e), by inserting ‘‘DISPOSI7 TION OF CONSIDERATION.—’’ after ‘‘(e)’’. 

8 (b) REPEAL OF SECTION 2669.—Section 2669 of 

9 such title is repealed. 

10 (c) CONFORMING AMENDMENT.—The table of sec11 tions at the beginning of chapter 159 of such title is 

12 amended— 

13 (1) by striking the items related to sections 

14 2668 and 2669; and 

15 (2) by inserting after the item relating to sec16 tion 2671 the following new item: 

‘‘2672. Easements: rights-of-way.’’. 

17 SEC. 2914. CONSOLIDATION OF PROVISIONS RELATING TO 

18 TRANSFER OF REAL PROPERTY WITHIN THE 

19 DEPARTMENT OF DEFENSE AND TO OTHER 

20 FEDERAL AGENCIES. 

21 (a) RENUMBERING OF 10 U.S.C. 2696.—Section 

22 2696 of title 10, United States Code, is amended— 

23 (1) in subsection (a), by striking ‘‘(a) SCREEN24 ING REQUIREMENT.’’ and inserting ‘‘(c) GENERAL


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1 SCREENING REQUIREMENTS.—(1) SCREENING RE2 QUIREMENT.’’; 

3 (2) by redesignating subsections (b), (d), and 

4 (e) as paragraphs (2), (3), and (4), respectively; 

5 (3) in paragraph (2), as redesignated— 

6 (A) by redesignating paragraphs (1) and 

7 (2) as subparagraphs (A) and (B), respectively; 

8 and 

9 (B) in subparagraph (A), as redesig10 nated— 

11 (i) by striking ‘‘subsection (a)’’ and 

12 inserting ‘‘paragraph (1)’’; and 

13 (ii) by redesignating subparagraphs 

14 (A), (B), and (C) as clauses (i), (ii), and 

15 (iii), respectively; and 

16 (4) in paragraph (3), as redesignated, by strik17 ing ‘‘subsection (b)(1)’’ and inserting ‘‘paragraph 

18 (2)(A)’’. 

19 (b) TRANSFERS BETWEEN THE ARMED FORCES.— 

20 Such section is further amended by inserting a new sub21 section (a) as follows: 

22 ‘‘(a) TRANSFERS BETWEEN THE ARMED FORCES.— 

23 (1) If either of the Secretaries concerned requests it and 

24 the other approves, real property may be transferred, 

25 without compensation, from one armed force to another. 


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1 ‘‘(2) No agency or official of the executive branch of 

2 the Federal Government may establish any regulation, 

3 program, or policy or take any other action which pre4 cludes, directly or indirectly, the Secretaries concerned 

5 from exercising the authority provided in this sub6 section.’’. 

7 (c) TRANSFER AND RENUMBERING OF 10 U.S.C. 

8 2693.—(1) The text of section 2693 of such title is trans9 ferred to section 2696 and inserted after subsection (a). 

10 (2) Subsection (b) of section 2696, as redesignated, 

11 is amended— 

12 (A) by redesignating subsections (a) and (b) as 

13 paragraphs (1) and (2), respectively; 

14 (B) in paragraph (1), as redesignated— 

15 (i) by striking ‘‘(a) Except as provided in 

16 subsection (b)’’ and inserting ‘‘(b) DEPART17 MENT OF JUSTICE CORRECTIONAL OPTIONS

18 PROGRAM.—(1) GENERAL.—Except as provided 

19 in paragraph (2)’’; and 

20 (ii) by redesignating paragraphs (1), (2), 

21 and (3) as subparagraphs (A), (B), and (C), re22 spectively; and 

23 (C) in paragraph (2), as redesignated— 


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1 (i) by striking ‘‘(b) The provisions’’ and in2 serting ‘‘(2) EXCEPTIONS.—The provisions’’; 

3 and 

4 (ii) by redesignating paragraphs (1) and 

5 (2) as subparagraphs (A) and (B), respectively. 

6 (d) CLERICAL AMENDMENTS.—(1) The heading for 

7 section 2696 of such title is amended to read as follows: 

8 ‘‘§ 2696. Transfers and Disposals: Interchanges and 

9 screening requirements’’. 

10 (2) The table of sections at the beginning of chapter 

11 159 of such title is amended— 

12 (A) by striking the item relating to section 

13 2693; and 

14 (B) by amending the item relating to section 

15 2696 to read as follows: 

‘‘2696. Transfers and Disposals: Interchanges and screening requirements.’’. 

16 (e) CONFORMING AMENDMENTS.—Section 2571(a) 

17 of such title 10 is amended— 

18 (1) by striking ‘‘and real estate’’; 

19 (2) by striking ‘‘PROPERTY’’ in the section 

20 heading and inserting ‘‘SUPPLIES’’; and 

21 (3) in the table of sections at the beginning of 

22 chapter 153 of such title, by amending the item re23 lating to section 2571 to read as follows: 

‘‘2571. Interchange of supplies and services.’’. 


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1 SEC. 2915. EXTENDING LEASE TERMS FOR STRUCTURES 

2 AND REAL PROPERTY RELATING TO STRUC3 TURES IN FOREIGN COUNTRIES THAT ARE 

4 NEEDED FOR PURPOSES OTHER THAN FAM5 ILY HOUSING. 

6 Section 2675(a) of title 10, United States Code, is 

7 amended by striking ‘‘five’’ and inserting ‘‘ten’’. 

8 SEC. 2916. PREVENTING ENCROACHMENT. 

9 Section 2684a(h) of title 10, United States Code, is 

10 amended— 

11 (1) by striking ‘‘FUNDING.—(1)’’ and inserting 

12 ‘‘CONSIDERATION.—Consideration for an agreement 

13 under this section may take the following forms— 

14 (1)’’; and 

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

16 paragraph: 

17 ‘‘(3) Notwithstanding title 40 and the McKin18 ney Vento Homeless Assistance Act, land under the 

19 Secretary’s jurisdiction and determined to be excess 

20 to the needs of the Department of Defense may be 

21 used by way of exchange to enter into agreements 

22 under this section, provided the excess lands are lo23 cated within the same State as the installation that 

24 is the subject of the agreement. Prior to using ex25 cess lands for exchange under this section, the Sec26 retary concerned shall request the concurrence of the 


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1 Office of Management and Budget, and the Sec2 retary of the Interior in the case of lands withdrawn 

3 from the public domain, using a process developed 

4 by the Secretary of Defense.’’. 

5 SEC. 2917. AUTHORITY TO GRANT RESTRICTIVE EASE6 MENTS. 

7 (a) AUTHORITY TO GRANT RESTRICTIVE EASE8 MENTS.—Chapter 159 of title 10, United States Code, is 

9 amended by inserting after section 2671 adding the fol10 lowing new section: 

11 ‘‘§ 2672a. Easements: restrictive 

12 ‘‘(a) CONSERVATION EASEMENTS.—(1) If the Sec13 retary of a military department finds that it will not be 

14 against the public interest, he may grant, upon such terms 

15 as he considers advisable, a restrictive easement— 

16 ‘‘(A) to— 

17 ‘‘(i) a State or local government; or 

18 ‘‘(ii) a qualified organization, as that term 

19 is used in section 170(h) of the Internal Rev20 enue Code of 1986 (26 U.S.C. 170(h)); 

21 ‘‘(B) for a conservation purpose consistent with 

22 section 170(h)(4)(A)(iv) of that Act (26 U.S.C. 

23 170(h)(4)(A)(iv)); 

24 ‘‘(C) over, in, and upon any real property that 

25 is to be transferred by deed by that department; 


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1 ‘‘(D) restricting future uses of the property. 

2 ‘‘(2) An easement under paragraph (1) shall not be 

3 granted if the Secretary determines that— 

4 ‘‘(A) the conservation of the property can be ef5 fectively achieved through the application of State 

6 law by units of State or local government; 

7 ‘‘(B) the jurisdiction that encompasses the 

8 property authorizes such an easement; and 

9 ‘‘(C) the Secretary can give or assign to a third 

10 party the responsibility for monitoring and enforcing 

11 such an easement. 

12 ‘‘(b) ENVIRONMENTAL EASEMENTS.—(1) If the Sec13 retary of a military department finds that it will not be 

14 against the public interest, he may grant, upon such terms 

15 as he considers advisable, a restrictive easement— 

16 ‘‘(A) to a State or local government; 

17 ‘‘(B) over, in, and upon any real property that 

18 is to be transferred by deed by that department; 

19 ‘‘(C) restricting future uses of the property to 

20 ensure the continued effectiveness of any environ21 mental restoration function on the property con22 ducted pursuant to chapter 160 of this title. 

23 ‘‘(c) LIMITATIONS.—(1) No easement granted under 

24 this section may apply to more land than is necessary for 

25 the effectiveness of the easement. 


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1 ‘‘(2) Easements granted under this section shall be 

2 without consideration from the recipient.’’. 

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

4 at the beginning of such chapter is amended by inserting 

5 after the item relating to section 2671 the following new 

6 item: 

‘‘2671a. Easements: restrictive.’’. 

7 Subtitle C—Base Closure and 

8 Realignment 

9 SEC. 2921. MODIFICATION OF DEPOSIT REQUIREMENTS IN 

10 CONNECTION WITH LEASE PROCEEDS RE11 CEIVED AT MILITARY INSTALLATIONS AP12 PROVED FOR CLOSURE OR REALIGNMENT 

13 AFTER JANUARY 1, 2005. 

14 Section 2667(d)(5) of title 10, United States Code, 

15 is amended to read as follows: 

16 ‘‘(5) Money rentals received by the United States 

17 from a lease under subsection (f) at a military installation 

18 to be closed or realigned under a base closure law, the 

19 date of approval of which is— 

20 ‘‘(A) before January 1, 2005, shall be deposited 

21 into the account established under section 2906(a) 

22 of the Defense Base Closure and Realignment Act of 

23 1990 (part A of title XXIX of Public Law 101–510; 

24 10 U.S.C. 2687 note); or 


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1 ‘‘(B) after January 1, 2005, shall be deposited 

2 into the account established under section 2906A(a) 

3 of such Act.’’. 

4 Subtitle D—Other Matters 

5 SEC. 2931. REVITALIZATION OF DEPARTMENT OF DEFENSE 

6 LABORATORIES. 

7 (a) IN GENERAL.—Section 2805 of title 10, United 

8 States Code, is amended— 

9 (1) by redesignating subsection (d) as sub10 section (e); and 

11 (2) by inserting after subsection (c) the fol12 lowing new subsection (d): 

13 ‘‘(d) LABORATORY REVITALIZATION.—(1) For the 

14 revitalization of laboratories owned by the United States 

15 and under the jurisdiction of the Secretary concerned, the 

16 Secretary may spend from appropriations available— 

17 ‘‘(A) for operation and maintenance amounts 

18 necessary to carry out an unspecified minor military 

19 construction project costing not more than 

20 $1,500,000; or 

21 ‘‘(B) for military construction not otherwise au22 thorized by law amounts necessary to carry out an 

23 unspecified minor military construction project cost24 ing not more than $3,000,000. 


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1 ‘‘(2) For projects conducted pursuant to this sub2 section, $1,500,000 shall be the amount applied for pur3 poses of subsection (b)(1). 

4 ‘‘(3) For purposes of this subsection, a laboratory in5 cludes— 

6 ‘‘(A) a research, engineering, and development 

7 center; 

8 ‘‘(B) a test and evaluation activity; and 

9 ‘‘(C) any buildings, structures, or facilities lo10 cated at and supporting such centers or activities.’’. 

11 (b) STYLISTIC AND CLERICAL AMENDMENTS.—Such 

12 section is further amended— 

13 (1) in subsection (a), by inserting ‘‘MILITARY

14 CONSTRUCTION FUNDING.—’’ after ‘‘(a)’’; 

15 (2) in subsection (b), by inserting ‘‘NOTIFICA16 TIONS.—’’ after ‘‘(b)’’; 

17 (3) in subsection (c), by inserting ‘‘OPERATION

18 AND MAINTENANCE FUNDING.—’’ after ‘‘(c)’’; and 

19 (4) in subsection (e), as redesignated by sub20 section (a) of this section, by inserting ‘‘LIMITA21 TIONS.—’’ after ‘‘(e)’’. 

22 SEC. 2932. THRESHOLD FOR MEDICAL FACILITY PROJECTS. 

23 Section 2805(a) of title 10, United States Code, is 

24 amended— 


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1 (1) in paragraph (1), by striking ‘‘paragraph 

2 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

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

4 paragraph: 

5 ‘‘(3) For an unspecified minor military construction 

6 project for a medical facility, the cost limitation for pur7 poses of paragraph (1) is the expenditure threshold for 

8 a major medical facility project under section 

9 8104(a)(3)(A) of title 38.’’. 

Æ 


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