II 

110TH CONGRESS 

1ST SESSION S. 567 

To authorize appropriations for fiscal year 2008 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2008, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13, 2007 

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

Armed Services 

A BILL 

To authorize appropriations for fiscal year 2008 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2008, 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 2008’’. 

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. 

Sec. 105. Rapid Acquisition Fund. 

Sec. 106. Joint Improvised Explosive Device Defeat Fund. 

Subtitle B—Army Programs 

Sec. 111. Multiyear procurement authority for Army programs. 

Subtitle C—Navy Programs 

Sec. 121. Multiyear procurement authority for Virginia Class submarine program. 

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. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense programs. 

Subtitle B—Environmental Provisions 


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Sec. 311. Reimbursement of Environmental Protection Agency for certain costs 

in connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska. 

Sec. 312. Payment to EPA of stipulated penalties in connection with Jackson 

Park Housing Complex, Washington. 

Sec. 313. Promoting privately conducted responsible, compliant, and economically beneficial environmental restoration at closed installations. 

Sec. 314. Range management. 

Sec. 315. Air quality plans. 

Sec. 316. Enhanced encroachment protection. 

Sec. 317. 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. Modification of prohibition on contracts for performance of firefighting or security-guard functions. 

Sec. 322. Flexibility in use of low density/high demand military personnel. 

Subtitle D—Other Matters 

Sec. 331. Reimbursement for National Guard military support to civilian law 

enforcement. 

Sec. 332. Extend period to transfer funds into the foreign currency fluctuations 

account. 

Sec. 333. Availability of Appropriations for unusual cost overruns and for 

changes in scope of work for ship overhaul, maintenance, and 

repair. 

Sec. 334. Reauthorization of aviation insurance program. 

Sec. 335. Reasonable restrictions on the payment of full replacement value for 

personal property claims. 

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 2008 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. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 


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Sec. 501. Increase in authorized strengths for Army officers on active duty in 

the grade of major to meet new force structure requirements. 

Sec. 502. Increase in authorized strengths for Navy officers on active duty in 

the grades of lieutenant commander, commander, and captain 

to meet new force structure requirements. 

Sec. 503. Enhanced authority for reserve general and flag officers to serve on 

active duty. 

Sec. 504. Reenlistment of officers in their former enlisted grade. 

Sec. 505. Discharge of probationary officers and force shaping authority. 

Sec. 506. Addition of all Navy permanent military professors to the list of exemptions to DOPMA authorized grade limitations. 

Sec. 507. Mandatory separation of reserve officers in the grade of lieutenant 

general or vice admiral. 

Sec. 508. Adjustments in payment of continuation of pay in disability claims. 

Sec. 509. Temporary suspension of eligibility for education benefit. 

Sec. 510. Increased tenure for general and flag officers. 

Sec. 511. Amendment of years of service provision to conform with extended 

mandatory retirement age for active-duty general and flag officers. 

Subtitle B—Reserve Component Matters 

Sec. 521. Duty of regular members of the Army and Air Force with the National Guard. 

Sec. 522. Enforcement of voluntary service agreements. 

Sec. 523. Benefits for certain National Guard duty. 

Sec. 524. Continued service within two years of retirement eligibility. 

Sec. 525. Increase in the period of temporary Federal recognition from six to 

twelve months. 

Sec. 526. Nuclear officer incentive pay: continuation pay eligibility. 

Subtitle C—Education and Training 

Sec. 531. Issue of serviceable material other than to Armed Forces. 

Sec. 532. Authority for permanent professors at the service military academies 

or military graduate schools to sit as members of promotion 

boards. 

Sec. 533. Career military professors of the Navy: promotions. 

Subtitle D—General Service Authorities 

Sec. 541. Shorten eight year mandatory service obligation for qualified health 

professionals in critical specialties. 

Sec. 542. Reinstatement of enhanced authority for selective early retirement. 

Subtitle E—Military Justice Matters 

Sec. 551. Permit secretary to designate persons eligible for legal assistance. 

Subtitle F—Defense Dependents Education System 

Sec. 561. Private tuition for military dependents in remote overseas areas. 

Subtitle G—Other Matters 

Sec. 571. Elimination of annual limit on number of ROTC scholarships under 

Army Reserve and National Guard program. 


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Sec. 572. Creation of uniform military band performance authority; clarification 

of circumstances that create competition with local civilian musicians. 

Sec. 573. Recovery of missing military property by the Navy and Marine Corps. 

Sec. 574. Flexible management of deployments of members. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Allowance for reserve screening. 

Sec. 602. JROTC instructor stipends for hard-to-fill areas. 

Sec. 603. Income replacement payments for Reserves experiencing extended and 

frequent mobilization for active duty service. 

Sec. 604. Revisions to tuition assistance authority. 

Sec. 605. Montgomery GI Bill for the Selected Reserve benefits for certain 

members affected by force shaping initiatives. 

Sec. 606. Extended servicemembers’ group life insurance. 

Sec. 607. Modification of Montgomery GI Bill participation election and educational loan repayment. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pays for reserve 

forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for 

certain health care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 614. Exception to 25 years of active duty limit for receipt of critical skills 

retention bonus. 

Sec. 615. Enhancement of Referral Bonus to Encourage Service in the Army. 

Sec. 616. Enhancement of Selected Reserve accession bonus authority. 

Sec. 617. Special pay: reenlistment bonus for members of the Selected Reserve. 

Sec. 618. Increase in incentive special pay and multiyear retention bonus for 

medical officers of the Armed Forces. 

Sec. 619. Increase in dental officer additional special pay. 

Sec. 620. Accession bonus for participants in the Armed Forces health professional scholarship and financial assistance program. 

Subtitle C—Retired Pay and Survivor Benefits 

Sec. 621. Waiver of recoupment of overpayments of retired pay to spouse or 

former spouse as a result of retroactive disability determination. 

Sec. 622. Survivor benefit plan; extension of period for election deemed to have 

been made. 

Sec. 623. Allowing member to submit application for direct payment. 

Sec. 624. Division of retired pay to be based on member’s length of service and 

pay grade at time of divorce. 

Sec. 625. Increases for divisions of retired pay expressed as a dollar amount. 

Sec. 626. Lump sum payments to former spouses of members of the uniformed 

services. 

Sec. 627. Prohibit court-ordered payments before retirement based on imputation of retired pay. 

Sec. 628. Revocation of ten-year rule for direct payment of retired pay. 

Sec. 629. Survivor benefit plan; multiple beneficiaries. 


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Sec. 630. Survivor benefit plan; financial responsibility for survivor benefit plan 

participation. 

Sec. 631. Survivor benefit plan; presumptive proportionate share. 

Subtitle D—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 641. Continuation of commissary and exchange privileges. 

Subtitle E—Other Matters 

Sec. 651. Change in the definition of sea duty for career sea pay to include 

multi-crew ships. 

Sec. 652. Establishment of Army incentive fund. 

Sec. 653. Expansion of Selected Reserve education loan repayment program. 

Sec. 654. Reemployment rights following certain National Guard duty. 

Sec. 655. Allow member To waive notice and provide court order upon request. 

Sec. 656. Disregard periods of confinement for dependent victims of abuse. 

Sec. 657. Clarifying amendment regarding jurisdiction for purposes of allocation of retired pay under the Uniformed Services Former 

Spouse Protection Act. 

Sec. 658. Overseas naturalization of military family members. 

TITLE VII—HEALTH CARE PROVISIONS 

TRICARE Program Improvements 

Sec. 701. Revising TRICARE program cost sharing amounts. 

Sec. 702. Exclusion of surrogacy maternity and infant care. 

Sec. 703. Suspension of health care eligibility for fraud. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Unified combatant command for joint warfighting experimentation: 

acquisition authority. 

Sec. 802. Limited authorization to acquire items produced in Iraq or Afghanistan for use by Iraqi or Afghani forces. 

Sec. 803. Authority to use simplified acquisition procedures for certain commercial items. 

Sec. 804. Minimum annual purchase for Civil Reserve Air Fleet contracts. 

Sec. 805. Streamline jurisdiction over government contract claims, disputes and 

appeals arising out of maritime contracts. 

Sec. 806. Revisions to required receipt objectives for previously authorized disposals from the national defense stockpile. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Repealing the sunset provision of the Acquisition Workforce Training 

Fund. 

Sec. 812. Revitalization of Department of Defense laboratories. 

Sec. 813. Extension of the authority to carry out certain prototype projects. 

Sec. 814. Qualifications for public aircraft status of aircraft under contract 

with the Armed Forces. 

Sec. 815. Extending the determination of shortage category positions for certain Federal acquisition positions. 


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Sec. 816. Multiyear procurement authority for electricity from renewable energy 

sources. 

Sec. 817. Exemption for Special Operations Command. 

Subtitle C—Other Matters 

Sec. 821. Applicability of statutory executive compensation cap made prospective. 

Sec. 822. Authority to appoint an acting chair for the Cost Accounting Standards Board. 

Sec. 823. Small business innovation research awards; use of program funds for 

administrative costs. 

Sec. 824. Small business innovation research program; discretionary technical 

assistance. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Department of Defense Board of Actuaries. 

Sec. 902. Limitation on major Department of Defense headquarters activities 

personnel. 

Sec. 903. Flexibility to adjust the number of Army deputy chiefs of staff and 

assistant chiefs of staff. 

Sec. 904. Receipts for employees and military members of the Department of 

Defense. 

Sec. 905. Centers for Excellence in Human Rights. 

Subtitle B—Chemical Demilitarization Program 

Sec. 911. Change in termination requirement for Chemical Demilitarization 

Citizens’ Advisory Commissions. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Repeal of standards of mandatory disqualification from eligibility for 

Department of Defense security clearance. 

Sec. 922. Technical amendments to title 10, United States Code, arising from 

enactment of the Intelligence Reform and Terrorism Prevention Act of 2004. 

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

Sec. 924. Prohibition on disclosure of certain geodetic products. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Repeal of requirement for two-year budget cycle for the Department 

of Defense. 

Sec. 1002. Short-term investment of burden sharing contributions from Republic of Korea. 

Sec. 1003. Increase limitation on advance billing of Working Capital Fund customers. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Temporary waiver of the minimum aircraft carrier requirement. 


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Sec. 1012. Disposals to foreign nations. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Use of funds for counter-drug and counter-terrorism. 

Subtitle D—Matters Related to Homeland Security 

Sec. 1031. Support to national special security events and other critical national security activities. 

Subtitle E—Other Matters 

Sec. 1041. Protection of Department of Defense persons designated by the Secretary of Defense. 

Sec. 1042. Clarification of jurisdiction of the United States District Courts to 

hear bid protest disputes involving maritime contracts. 

Sec. 1043. Cancellation of use of aircraft for proficiency flying: limitation. 

Sec. 1044. Prompt conversion of Army forces in Hawaii. 

Sec. 1045. Expand cooperative agreement authority for management of cultural 

resources to include off-installation mitigation. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Compensation for Federal wage system employees for certain travel 

hours. 

Sec. 1102. Special benefits for civilian employees assigned on deployment temporary change of station. 

Sec. 1103. Authority to waive limitation on premium pay for Federal civilian 

employees. 

Sec. 1104. Increase in authorized number of defense intelligence senior executive service employees. 

Sec. 1105. Accumulation of annual leave by senior level employees. 

Sec. 1106. Travel compensation for prevailing rate employees. 

Sec. 1107. Annuity commencing dates. 

Sec. 1108. Life insurance coverage for employees called to active duty. 

Sec. 1109. Flexibility in setting pay for employees who move from a Department of Defense or Coast Guard nonappropriated fund instrumentality position to a DoD or Coast Guard position in the 

general schedule pay system. 

Sec. 1110. Informing government contractor employees of their whistleblower 

rights. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Authority to train and equip foreign personnel to assist in accounting for missing personnel. 

Sec. 1202. Provision of support and services to foreign military and state aircraft. 

Subtitle B—Nonproliferation Matters and Countries of Concern 

Sec. 1211. Repeal of certain laws pertaining to the Joint Committee for the Review of Counterproliferation Programs. 

Subtitle C—Other Matters 


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Sec. 1221. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries. 

Sec. 1222. Amendment to the composition of the Board of Visitors of the Western Hemisphere Institute for Security Cooperation. 

Sec. 1223. Accept funds from the Government of Palau. 

Sec. 1224. Sharing risks in international operations. 

TITLE XIII—MATTERS RELATED TO DEFENSE AGAINST 

TERRORISM AND RELATED SECURITY MATTERS 

Sec. 1301. Rationalizing rewards for assistance in combating terrorism. 

TITLE XIV—ADDITIONAL AUTHORIZATIONS FOR INCREASED 

COSTS DUE TO THE GLOBAL WAR ON TERROR FOR MILITARY 

ACTIVITIES AND MILITARY CONSTRUCTION FOR FISCAL YEAR 

2008 

Sec. 1401. Army procurement. 

Sec. 1402. Navy and Marine Corps procurement. 

Sec. 1403. Air Force procurement. 

Sec. 1404. Defense-wide activities procurement. 

Sec. 1405. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1406. Research, development, test, and evaluation. 

Sec. 1407. Operation and maintenance funding. 

Sec. 1408. Working capital funds. 

Sec. 1409. Other Department of Defense programs. 

Sec. 1410. Iraq Freedom Fund. 

Sec. 1411. Afghanistan Security Forces Fund. 

Sec. 1412. Iraq Security Forces Fund. 

Sec. 1413. Additional end strengths for active forces. 

Sec. 1414. Military personnel. 

Sec. 1415. Authorized Army construction and land acquisition projects. 

Sec. 1416. Military construction authorization of appropriations, Army. 

Sec. 1417. Authorized Navy construction and land acquisition projects. 

Sec. 1418. Military construction authorization of appropriations, Navy. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

TITLE XXI—ARMY 

(TO BE SUBMITTED AT A LATER DATE) 

TITLE XXII—NAVY 

(TO BE SUBMITTED AT A LATER DATE) 

TITLE XXIII—AIR FORCE 

(TO BE SUBMITTED AT A LATER DATE) 

TITLE XXIV—DEFENSE AGENCIES 

(TO BE SUBMITTED AT A LATER DATE) 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 


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(TO BE SUBMITTED AT A LATER DATE) 

TITLE XXVI—CHEMICAL DEMILITARIZATION CONSTRUCTION 

PROGRAM 

(TO BE SUBMITTED AT A LATER DATE) 

TITLE XXVII—GUARD AND RESERVE FORCES FACILITIES 

(TO BE SUBMITTED AT A LATER DATE) 

TITLE XXVIII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

(TO BE SUBMITTED AT A LATER DATE) 

TITLE XXIX—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2901. Alternative authority for acquisition and improvement of military 

housing. 

Sec. 2902. Increased threshold for congressional notification of leases for military family housing facilities in a foreign country. 

Sec. 2903. Updating foreign currency fluctuation adjustment for certain military family housing leases in Korea. 

Sec. 2904. Flexibility in determining domestic family housing lease maximums. 

Sec. 2905. Extension of authority to accept equalization payments for facility 

exchanges. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2911. Consolidation of real property provisions without substantive 

change. 

Sec. 2912. Transfer of the Air Force Memorial to the Department of the Air 

Force. 

Subtitle C—Land Conveyances 

Sec. 2921. Land transfer of Arlington Naval Annex to Arlington National Cemetery. 

Subtitle D—Other Matters 

Sec. 2931. Authority to use operation and maintenance funds for construction 

projects outside the United States. 

Sec. 2932. Streamlining military construction to reduce facility acquisition and 

construction cycle time. 

Sec. 2933. Amendment of the Federal Land Policy and Management Act of 

1976 to include Nevada as a State where the military can access public land via a permit granted by the Secretary of the 

Interior. 


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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 2008 for procurement for the Army as follows: 

9 (1) For aircraft, $4,179,848,000. 

10 (2) For missiles, $1,645,485,000. 

11 (3) For weapons and tracked combat vehicles, 

12 $3,089,998,000. 

13 (4) For ammunition, $2,190,576,000. 

14 (5) For other procurement, $12,647,099,000. 

15 SEC. 102. NAVY AND MARINE CORPS. 

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 2008 for procurement for the Navy 

18 as follows: 

19 (1) For aircraft, $12,747,767,000. 

20 (2) For weapons, including missiles and tor21 pedoes, $3,084,387,000. 

22 (3) For shipbuilding and conversion, 

23 $13,656,120,000. 

24 (4) For other procurement, $5,470,412,000. 


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

2 be appropriated for fiscal year 2008 for procurement for 

3 the Marine Corps in the amount of $2,999,057,000. 

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

5 are hereby authorized to be appropriated for fiscal year 

6 2008 for procurement of ammunition for the Navy and 

7 Marine Corps in the amount of $760,484,000. 

8 SEC. 103. AIR FORCE. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2008 for procurement for the Air Force as fol11 lows: 

12 (1) For aircraft, $12,393,270,000. 

13 (2) For ammunition, $868,917,000. 

14 (3) For missiles, $5,131,002,000. 

15 (4) For other procurement, $15,421,162,000. 

16 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2008 for Defense-wide procurement in the 

19 amount of $3,318,834,000. 

20 SEC. 105. RAPID ACQUISITION FUND. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2008 for Rapid Acquisition Fund in the 

23 amount of $100,000,000. 


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1 SEC. 106. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

2 FUND. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2008 for Joint Improvised Explosive Device 

5 Defeat Fund in the amount of $500,000,000. 

6 Subtitle B—Army Programs 

7 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

8 ARMY PROGRAMS. 

9 Beginning with the fiscal year 2008 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) Army Ch-Chinook Helicopter; 

14 (2) M1A2 Abrams System Enhancement Pack15 age upgrades, and 

16 (3) M2A3/M3A3 Bradley upgrades. 

17 Subtitle C—Navy Programs 

18 SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR19 GINIA CLASS SUBMARINE PROGRAM. 

20 (a) AUTHORITY.—The Secretary of the Navy may, in 

21 accordance with section 2306b of title 10, United States 

22 Code, enter into multiyear contracts, beginning with the 

23 fiscal year 2009 program year, for the procurement of Vir24 ginia-class submarines and government-furnished equip25 ment. 


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1 (b) LIMITATIONS.—The Secretary of the Navy may 

2 not enter into a contract authorized by subsection (a) 

3 until— 

4 (1) the Secretary submits to the congressional 

5 defense committees a certification that the Secretary 

6 has made each of the findings with respect to such 

7 contract specified in subsection (a) of section 2306b 

8 of title 10, United States Code; and 

9 (2) a period of 30 days has elapsed after the 

10 date of the transmission of such certification. 

11 TITLE II—RESEARCH, DEVELOP12 MENT, TEST, AND EVALUA13 TION 

14 Subtitle A—Authorization of 

15 Appropriations 

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2008 for the use of the Department of Defense 

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

20 (1) For the Army, $10,589,604,000. 

21 (2) For the Navy, $17,075,536,000. 

22 (3) For the Air Force, $26,711,940,000. 

23 (4) For Defense-wide activities, 

24 $20,740,114,000, of which $180,264,000 is authorVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 ized for the Director of Operational Test and Eval2 uation. 

3 Subtitle B—Missile Defense 

4 Programs 

5 SEC. 211. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA6 BILITIES. 

7 Upon approval by the Secretary of Defense, funds au8 thorized to be appropriated for fiscal year 2009 for re9 search, development, test, and evaluation for the Missile 

10 Defense Agency may be used for the development and 

11 fielding of ballistic missile defense capabilities. 

12 TITLE III—OPERATION AND 

13 MAINTENANCE 

14 Subtitle A—Authorization of 

15 Appropriations 

16 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2008 for the use of the Armed Forces and other 

19 activities and agencies of the Department of Defense, for 

20 expenses, not otherwise provided for, for operation and 

21 maintenance, in amounts as follows: 

22 (1) For the Army, $28,924,973,000. 

23 (2) For the Navy, $33,334,690,000. 

24 (3) For the Marine Corps, $4,961,393,000. 

25 (4) For the Air Force, $33,655,633,000. 


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1 (5) For the Defense-wide activities, 

2 $22,574,278,000. 

3 (6) For the Army Reserve, $2,508,062,000. 

4 (7) For the Navy Reserve, $1,186,883,000. 

5 (8) For the Marine Corps Reserve, 

6 $208,637,000. 

7 (9) For the Air Force Reserve, $2,692,077,000. 

8 (10) For the Army National Guard, 

9 $5,840,209,000. 

10 (11) For the Air National Guard, 

11 $5,041,965,000. 

12 (12) For the United States Court of Appeals 

13 for the Armed Forces, $11,971,000. 

14 (13) For Environmental Restoration, Army, 

15 $434,879,000. 

16 (14) For Environmental Restoration, Navy, 

17 $300,591,000. 

18 (15) For Environmental Restoration, Air Force, 

19 $458,428,000. 

20 (16) For Environmental Restoration, Defense21 wide, $12,751,000. 

22 (17) For Environmental Restoration, Formerly 

23 Used Defense Sites, $250,249,000. 

24 (18) For Overseas Humanitarian, Disaster, and 

25 Civic Aid programs, $103,300,000. 


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1 (19) For Former Soviet Union Threat Reduc2 tion programs, $348,048,000. 

3 (20) For the Overseas Contingency Operations 

4 Transfer Fund, $5,000,000. 

5 SEC. 302. WORKING CAPITAL FUNDS. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2008 for the use of the Armed Forces and other 

8 activities and agencies of the Department of Defense for 

9 providing capital for working capital and revolving funds 

10 in amounts as follows: 

11 (1) For the Defense Working Capital Funds, 

12 $1,352,746,000. 

13 (2) For the National Defense Sealift Fund, 

14 $1,079,094,000. 

15 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

16 (a) DEFENSE HEALTH PROGRAM.—Funds are here17 by authorized to be appropriated for the Department of 

18 Defense for fiscal year 2008 for expenses, not otherwise 

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

20 amount of $20,679,124,000, of which— 

21 (1) $20,182,381,000 is for Operation and 

22 Maintenance; 

23 (2) $134,482,000 is for Research, Development, 

24 Test, and Evaluation; and 

25 (3) $362,261,000 is for Procurement. 


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1 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC2 TION, ARMY.— 

3 (1) AUTHORIZATION OF APPROPRIATIONS.— 

4 Funds are hereby authorized to be appropriated for 

5 the Department of Defense for fiscal year 2008 for 

6 expenses, not otherwise provided for, for Chemical 

7 Agents and Munitions Destruction, in the amount of 

8 $1,455,724,000, of which— 

9 (A) $1,198,086,000 is for Operation and 

10 Maintenance; 

11 (B) $221,212,000 is for Research, Devel12 opment, Test, and Evaluation; and 

13 (C) $36,426,000 is for Procurement. 

14 (2) USE.—Amounts authorized to be appro15 priated under paragraph (1) are authorized for— 

16 (A) the destruction of lethal chemical 

17 agents and munitions in accordance with sec18 tion 1412 of the Department of Defense Au19 thorization Act, 1986 (50 U.S.C. 1521); and 

20 (B) the destruction of chemical warfare 

21 materiel of the United States that is not cov22 ered by section 1412 of such Act. 

23 (c) DRUG INTERDICTION AND COUNTER-DRUG AC24 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

25 to be appropriated for the Department of Defense for fisVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 cal year 2008 for expenses, not otherwise provided for, for 

2 Drug Interdiction and Counter-Drug Activities, Defense3 wide, in the amount of $936,822,000. 

4 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

5 hereby authorized to be appropriated for the Department 

6 of Defense for fiscal year 2008 for expenses, not otherwise 

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

8 the Department of Defense, in the amount of 

9 $215,995,000, of which— 

10 (1) $214,995,000 is for Operation and Mainte11 nance; and 

12 (2) $1,000,000 is for Procurement. 

13 Subtitle B—Environmental 

14 Provisions 

15 SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC16 TION AGENCY FOR CERTAIN COSTS IN CON17 NECTION WITH THE ARCTIC SURPLUS SUPER18 FUND SITE, FAIRBANKS, ALASKA. 

19 From funds authorized to be appropriated by section 

20 301(16) for Environmental Restoration, Defense-wide, the 

21 Secretary of Defense may, notwithstanding section 2215 

22 of title 10, United States Code, transfer not more than 

23 $186,625.38 to the Hazardous Substance Superfund to 

24 reimburse the Environmental Protection Agency for costs 

25 incurred pursuant to the agreement known as ‘‘In the 


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1 Matter of Arctic Surplus Superfund Site, U.S. EPA Dock2 et Number CERCLA–10–2003–0114: Administrative 

3 Order on Consent for Remedial Design and Remedial Ac4 tion,’’ entered into by the Department of Defense and the 

5 Environmental Protection Agency on December 11, 2003. 

6 SEC. 312. PAYMENT TO EPA OF STIPULATED PENALTIES IN 

7 CONNECTION WITH JACKSON PARK HOUSING 

8 COMPLEX, WASHINGTON. 

9 From funds authorized to be appropriated by section 

10 301(14) for operation and maintenance for Environmental 

11 Restoration, Navy, the Secretary of the Navy may, not12 withstanding section 2215 of title 10, United States Code, 

13 transfer not more than $40,000.00 to the Hazardous Sub14 stance Superfund to pay a stipulated penalty assessed by 

15 the Environmental Protection Agency on October 25, 

16 2005, against the Jackson Park Housing Complex, Wash17 ington, for the Navy’s failure to timely submit a draft final 

18 Phase II Remedial Investigation Work Plan for the Jack19 son Park Housing Complex Operable Unit (OU–3T– 

20 JPHC) pursuant to a schedule included in an Interagency 

21 Agreement (Administrative Docket No. CERCLA–10– 

22 2005–0023). 


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1 SEC. 313. PROMOTING PRIVATELY CONDUCTED RESPON2 SIBLE, COMPLIANT, AND ECONOMICALLY 

3 BENEFICIAL ENVIRONMENTAL RESTORATION 

4 AT CLOSED INSTALLATIONS. 

5 Section 2905(e) of the Defense Base Closure and Re6 alignment Act of 1990 (part A of title XXIX of Public 

7 Law 101–510; 10 U.S.C. 2687 note) is amended— 

8 (1) in paragraph (1)— 

9 (A) in subparagraph (A), by striking ‘‘, 

10 waste management, and environmental compli11 ance’’; 

12 (B) in subparagraph (B), by striking ‘‘ex13 clusively for the use’’ and all that follows 

14 through the period at the end of the subpara15 graph and inserting ‘‘for purposes other than to 

16 assist the homeless.’’; and 

17 (C) in subparagraph (C), by inserting be18 fore the period at the end the following: ‘‘, and 

19 shall require appropriate financial assurance (as 

20 determined by the Secretary) by the property 

21 recipient for environmental restoration activities 

22 not otherwise addressed by paragraph (5)’’; 

23 (2) in paragraph (2), by striking ‘‘Congress 

24 that’’ and all that follows through the end and in25 serting ‘‘Congress that the resulting transaction 

26 will— 


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1 ‘‘(A) ensure that all response actions nec2 essary to protect human health and the environ3 ment will be completed; 

4 ‘‘(B) provide an economically sound trans5 action for the United States; and 

6 ‘‘(C) promote rapid reuse of the prop7 erty.’’. 

8 (3) by striking paragraph (3); 

9 (4) by redesignating paragraphs (4), (5), and 

10 (6) as paragraphs (3), (4), and (5), respectively; 

11 (5) in paragraph (5), as so redesignated, by 

12 striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph 

13 (3)’’; and 

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

15 paragraph (6): 

16 ‘‘(6) Any payments received pursuant to an 

17 agreement under paragraph (1) at an installation 

18 approved for closure or realignment on or before 

19 January 1, 2005, shall be deposited into the account 

20 established pursuant to section 2906. Any payments 

21 received under paragraph (1) at an installation ap22 proved for closure or realignment after January 1, 

23 2005, shall be deposited into the account established 

24 pursuant to section 2906A.’’. 


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1 SEC. 314. RANGE MANAGEMENT. 

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

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

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

5 (A) military munitions, including unexploded 

6 ordnance; or 

7 (B) the constituents thereof, that are or have 

8 come to be located, incident to their normal and ex9 pected use, on an operational range, and remain 

10 thereon. 

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

12 (A) military munitions, including unexploded 

13 ordnance; or 

14 (B) the constituents thereof, that— 

15 (i) are recovered, collected, and then dis16 posed of by burial or landfilling; 

17 (ii) have migrated off an operational range; 

18 (iii) come to be located off of an oper19 ational range; or 

20 (iv) remain on the range once the range 

21 ceases to be an operational range. 

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

23 federal, state, interstate, or local regulatory authorities to 

24 determine when— 

25 (A) military munitions, including unexploded 

26 ordnance; or 


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1 (B) the constituents thereof, 

2 become hazardous waste for purposes of the Solid Waste 

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

4 sections 7002 and 7003 (42 U.S.C. 6972 and 6973), ex5 cept for military munitions, including unexploded ord6 nance, or the constituents thereof, that are excluded from 

7 the definition of solid waste by this subsection. 

8 (b) DEFINITION OF RELEASE.—(1) The term ‘‘re9 lease’’ as used in the Comprehensive Environmental Re10 sponse, Compensation, and Liability Act of 1980, as 

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

12 deposit or presence of any— 

13 (A) military munitions, including unexploded 

14 ordnance; or 

15 (B) the constituents thereof, 

16 that are or have come to be located, incident to their nor17 mal and expected use, on an operational range, and re18 main thereon. 

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

20 (A) military munitions, including unexploded 

21 ordnance; or 

22 (B) the constituents thereof, that— 

23 (i) migrate off an operational range; 

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

25 range; or 


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1 (iii) remain on the range once the range 

2 ceases to be an operational range. 

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

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

5 Comprehensive Environmental Response, Compensation, 

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

7 9606(a)), to take action because there may be an immi8 nent and substantial endangerment to the public health 

9 or welfare or the environment because of an actual or 

10 threatened release of a hazardous substance includes the 

11 authority to take action because of the deposit or presence 

12 of any— 

13 (A) military munitions, including unexploded 

14 ordnance; or 

15 (B) the constituents thereof, 

16 that are or have come to be located, incident to their nor17 mal and expected use, on an operational range, and re18 main thereon. 

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

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

21 from military munitions, including— 

22 (A) unexploded ordnance; 

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

24 (C) emission, degradation, or breakdown prod25 ucts of such munitions. 


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

2 munitions’’, ‘‘operational range’’, and ‘‘unexploded ord3 nance’’ have the meanings given such terms in section 

4 101(e) of title 10, United States Code. 

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

6 section affects the legal requirements applicable to— 

7 (1) military munitions, including unexploded 

8 ordnance; or 

9 (2) the constituents thereof, 

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

11 the range ceases to be an operational range. 

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

13 section affects the authority of the Department of Defense 

14 to protect the environment, safety, and health on oper15 ational ranges. 

16 SEC. 315. AIR QUALITY PLANS. 

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

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

19 Clean Air Act would have applied to proposed military 

20 readiness activities, the Department of Defense shall not 

21 be prohibited from engaging in such activities and it shall 

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

23 to satisfy the requirements of that section, provided: 

24 (1) the Department of Defense has provided the 

25 State in which the proposed military readiness acVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 tivities would occur an estimate of the annual emis2 sions caused by the proposed military readiness ac3 tivities for all criteria pollutants for which the area 

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

5 and 

6 (2) the State provides written concurrence with 

7 the extension of up to three years. 

8 (b) ENVIRONMENTAL PROTECTION AGENCY AP9 PROVAL.—Notwithstanding any other provisions of law, 

10 an implementation plan or plan revision required under 

11 the Clean Air Act shall be approved by the Administrator 

12 of the Environmental Protection Agency if: 

13 (1) such plan or revision meets all the require14 ments applicable to it under the Clean Air Act other 

15 than a requirement that such plan or revision dem16 onstrate attainment and maintenance of the relevant 

17 national ambient air quality standards by the attain18 ment date specified under the applicable provision of 

19 the Act, or in a regulation promulgated under such 

20 provision; and 

21 (2) the submitting State established to the sat22 isfaction of the Administrator that the implementa23 tion plan of such State would be adequate to attain 

24 and maintain the relevant national ambient air qual25 ity standards by the attainment date specified under 


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

2 promulgated under such provision, but for emissions 

3 emanating from military readiness activities not oth4 erwise meeting section 176(c) of the Act pursuant to 

5 subsection (a) of this section. 

6 (c) EFFECT ON STATE COMPLIANCE WITH OZONE

7 STANDARDS.—Notwithstanding any other provisions of 

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

9 Administrator that, with respect to an ozone non-attain10 ment area in such State, such State would have attained 

11 the national ambient air quality standard for ozone by the 

12 applicable attainment date, but for emissions emanating 

13 from military readiness activities not otherwise meeting 

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

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

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

17 (d) EFFECT ON STATE COMPLIANCE WITH CARBON

18 MONOXIDE STANDARDS.—Notwithstanding any other pro19 vision of law, any State that establishes to the satisfaction 

20 of the Administrator, with respect to a carbon monoxide 

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

22 attained the national ambient air quality standard for car23 bon monoxide by the applicable attainment date, but for 

24 emissions emanating from military readiness activities not 

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1 suant to subsection (a) of this section, shall not be subject 

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

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

4 STANDARDS.—Notwithstanding any other provisions of 

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

6 Administrator that, with respect to a PM–10 non-attain7 ment area in such State, such State would have attained 

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

9 the applicable attainment date, but for emission ema10 nating from military readiness activities not otherwise 

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

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

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

14 (f) MILITARY READINESS ACTIVITIES.—The term 

15 ‘‘military readiness activities’’ (1) includes— 

16 (A) all training and operations of the Armed 

17 Forces that relate to combat; and 

18 (B) the adequate and realistic testing of mili19 tary equipment, vehicles, weapons, and sensors for 

20 proper operation and suitability for combat use; but 

21 (2) does not include— 

22 (A) the routine operation of installation oper23 ating support functions, including but not limited to 

24 heat and electric production, administrative offices, 

25 military exchanges, commissaries, water treatment 


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1 facilities, storage facilities, schools, housing, motor 

2 pools, laundries, morale, welfare, and recreation ac3 tivities, shops, and mess halls; 

4 (B) the operation of industrial activities; or 

5 (C) the construction or demolition of facilities 

6 used for a purpose described in paragraph (1). 

7 SEC. 316. ENHANCED ENCROACHMENT PROTECTION. 

8 Section 2684a(d) of title 10, United States Code, is 

9 amended— 

10 (1) by redesignating paragraphs (3), (4), (5), 

11 and (6) as paragraphs (4), (5), (6), and (7), respec12 tively; 

13 (2) by inserting after paragraph (2) the fol14 lowing new paragraph (3): 

15 ‘‘(3) An agreement with an eligible entity under 

16 subsection (a)(2) of this section may provide for the 

17 management of natural resources and the contribu18 tion by the United States towards natural resource 

19 management costs on any real property in which a 

20 military department has acquired any right title or 

21 interest in accordance with paragraph (1)(A) where 

22 there is a demonstrated need to preserve or restore 

23 habitat for purposes of subsection (a)(2).’’; and 

24 (3) in paragraph (4)(C), as redesignated by 

25 paragraph (1), by striking ‘‘equal to the fair market 


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1 value’’ and all that follows through the period at the 

2 end and inserting ‘‘equal to— 

3 ‘‘(i) the fair market value of any prop4 erty or interest in property to be trans5 ferred to the United States upon the re6 quest of the Secretary concerned under 

7 paragraph (5); or 

8 ‘‘(ii) at the discretion of the Secretary 

9 concerned, the cumulative fair market 

10 value of all properties or interests to be 

11 transferred to the United States under 

12 paragraph (5) pursuant to an agreement 

13 under subsection (a).’’. 

14 SEC. 317. REIMBURSEMENT OF ENVIRONMENTAL PROTEC15 TION AGENCY FOR CERTAIN COSTS IN CON16 NECTION WITH MOSES LAKE WELLFIELD 

17 SUPERFUND SITE, MOSES LAKE, WASH18 INGTON. 

19 From funds authorized to be appropriated by section 

20 301(16) for Environmental Restoration, Defense-wide, the 

21 Secretary of Defense may, notwithstanding section 2215 

22 of title 10, United States Code, transfer not more than 

23 $91,588.51 to the Moses Lake Wellfield Superfund Site 

24 10–6J Special Account to reimburse the Environmental 

25 Protection Agency for costs incurred pursuant to a remeVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 dial investigation/feasibility study performed by the De2 partment of the Army under the Defense Environmental 

3 Restoration Program at the former Larson Air Force 

4 Base, Moses Lake Superfund Site, Moses Lake, Wash5 ington, provided for in the interagency agreement entered 

6 into by the Department of the Army and the Environ7 mental Protection Agency for the Moses Lake Wellfield 

8 Superfund Site in March 1999. 

9 Subtitle C—Workplace and Depot 

10 Issues 

11 SEC. 321. MODIFICATION OF PROHIBITION ON CONTRACTS 

12 FOR PERFORMANCE OF FIREFIGHTING OR 

13 SECURITY-GUARD FUNCTIONS. 

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

15 is amended by inserting ‘‘or security-guard’’ after ‘‘fire16 fighting’’ both places it appears. 

17 SEC. 322. FLEXIBILITY IN USE OF LOW DENSITY/HIGH DE18 MAND MILITARY PERSONNEL. 

19 Paragraph (4) of section 2465(b) of title 10, United 

20 States Code, is amended to read as follows: 

21 ‘‘(4) A contract for the performance of security22 guard or firefighting functions that the Secretary of 

23 Defense determines are, or otherwise would be, per24 formed by members of the armed forces.’’. 


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1 Subtitle D—Other Matters 

2 SEC. 331. REIMBURSEMENT FOR NATIONAL GUARD MILI3 TARY SUPPORT TO CIVILIAN LAW ENFORCE4 MENT. 

5 Section 377 of title 10, United States Code, is 

6 amended— 

7 (1) in subsection (a), by striking ‘‘To’’ and in8 serting ‘‘Subject to subsection (c), to’’; 

9 (2) by redesignating subsection (b) as sub10 section (c); 

11 (3) by inserting after subsection (a) the fol12 lowing new subsection (b): 

13 ‘‘(b)(1) Subject to subsection (c), the Secretary of 

14 Defense shall require a federal civilian law enforcement 

15 agency to which support is provided by National Guard 

16 personnel authorized to perform other duty under section 

17 502(f) of title 32, to reimburse the Department of Defense 

18 for the costs of that support, notwithstanding any other 

19 provision of law. No other provision of this chapter shall 

20 apply to such support. 

21 ‘‘(2) Any funds received by the Department of De22 fense as reimbursement for support provided by units or 

23 members of the National Guard under this subsection 

24 shall be credited, at the option of the Secretary of Defense, 

25 to: 


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1 ‘‘(A) the appropriation, fund, or account used 

2 to fund the support; or 

3 ‘‘(B) the appropriate appropriation, fund, or ac4 count currently available for such purpose.’’; and 

5 (4) in subsection (c), as redesignated by para6 graph (2)— 

7 (A) in the matter preceding paragraph (1), 

8 by inserting ‘‘or under section 502(f) of title 

9 32’’ after ‘‘under this chapter’’; and 

10 (B) in paragraph (2), by inserting ‘‘or 

11 units or members of the National Guard’’ after 

12 ‘‘Department of Defense’’. 

13 SEC. 332. EXTEND PERIOD TO TRANSFER FUNDS INTO THE 

14 FOREIGN CURRENCY FLUCTUATIONS AC15 COUNT. 

16 Section 2779 of title 10, United States Code, is 

17 amended— 

18 (1) in subsection (a)(2), by striking ‘‘second’’ 

19 and inserting ‘‘fifth’’; and 

20 (2) in subsection (d)(2), by striking ‘‘second’’ 

21 and inserting ‘‘fifth’’. 


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1 SEC. 333. AVAILABILITY OF APPROPRIATIONS FOR UN2 USUAL COST OVERRUNS AND FOR CHANGES 

3 IN SCOPE OF WORK FOR SHIP OVERHAUL, 

4 MAINTENANCE, AND REPAIR. 

5 (a) IN GENERAL.—Section 7313 of title 10, United 

6 States Code, is amended— 

7 (1) in subsection (a), by striking ‘‘an industrial8 fund activity’’ and inserting ‘‘a Center of Industrial 

9 and Technical Excellence’’; and 

10 (2) in subsection (b)(1)— 

11 (A) by striking ‘‘for payments to an indus12 trial-fund activity’’ and inserting ‘‘for costs in13 curred by a Center of Industrial and Technical 

14 Excellence’’; and 

15 (B) by striking ‘‘the industrial-fund activ16 ity’’ and inserting ‘‘the Center of Industrial and 

17 Technical Excellence’’. 

18 (b) CLERICAL AMENDMENT.—(1) Such section is fur19 ther amended by amending the section heading to read 

20 as follows: 

21 ‘‘§ 7313. Availability of appropriations for unusual 

22 cost overruns and for changes in scope of 

23 work for ship overhaul, maintenance, and 

24 repair’’; 

25 and 


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1 (2) The table of contents at the beginning of chapter 

2 633 of such title is amended by striking the item relating 

3 to section 7313 and inserting the following new item: 

‘‘7313. Availability of appropriations for unusual cost overruns and for changes 

in scope of work for ship overhaul, maintenance, and repair.’’. 

4 SEC. 334. REAUTHORIZATION OF AVIATION INSURANCE 

5 PROGRAM. 

6 Section 44310 of title 49, United States Code, is 

7 amended by striking ‘‘March 30, 2008’’ and inserting 

8 ‘‘December 31, 2013’’. 

9 SEC. 335. REASONABLE RESTRICTIONS ON THE PAYMENT 

10 OF FULL REPLACEMENT VALUE FOR PER11 SONAL PROPERTY CLAIMS. 

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

13 amended by adding at the end the following new sentence: 

14 ‘‘The regulations may require members of the armed 

15 forces or civilian employees of the Department of Defense 

16 to comply with reasonable restrictions in order to receive 

17 benefits under this section.’’. 

18 TITLE IV—MILITARY 

19 PERSONNEL AUTHORIZATIONS 

20 Subtitle A—Active Forces 

21 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

22 The Armed Forces are authorized strengths for active 

23 duty personnel as of September 30, 2008, as follows: 

24 (1) The Army, 489,400. 


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1 (2) The Navy, 328,400. 

2 (3) The Marine Corps, 180,000. 

3 (4) The Air Force, 328,600. 

4 Subtitle B—Reserve Forces 

5 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

7 strengths for Selected Reserve personnel of the reserve 

8 components as of September 30, 2008, as follows: 

9 (1) The Army National Guard of the United 

10 States, 351,300. 

11 (2) The Army Reserve, 205,000. 

12 (3) The Navy Reserve, 67,800. 

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

14 (5) The Air National Guard of the United 

15 States, 106,700. 

16 (6) The Air Force Reserve, 67,500. 

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

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

19 subsection (a) for the Selected Reserve of any reserve com20 ponent shall be proportionately reduced by— 

21 (1) the total authorized strength of units orga22 nized to serve as units of the Selected Reserve of 

23 such component which are on active duty (other 

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


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1 (2) the total number of individual members not 

2 in units organized to serve as units of the Selected 

3 Reserve of such component who are on active duty 

4 (other than for training or for unsatisfactory partici5 pation in training) without their consent at the end 

6 of the fiscal year. 

7 Whenever such units or such individual members are re8 leased from active duty during any fiscal year, the end 

9 strength prescribed for such fiscal year for the Selected 

10 Reserve of such reserve component shall be increased pro11 portionately by the total authorized strengths of such 

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

13 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

14 DUTY IN SUPPORT OF THE RESERVES. 

15 Within the end strengths prescribed in section 

16 411(a), the reserve components of the Armed Forces are 

17 authorized, as of September 30, 2008, the following num18 ber of Reserves to be serving on full-time active duty or 

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

20 Guard, for the purpose of organizing, administering, re21 cruiting, instructing, or training the reserve components: 

22 (1) The Army National Guard of the United 

23 States, 29,204. 

24 (2) The Army Reserve, 15,870. 

25 (3) The Navy Reserve, 11,579. 


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

2 (5) The Air National Guard of the United 

3 States, 13,936. 

4 (6) The Air Force Reserve, 2,721. 

5 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

6 (DUAL STATUS). 

7 The minimum number of military technicians (dual 

8 status) as of the last day of fiscal year 2008 for the re9 serve components of the Army and the Air Force (notwith10 standing section 129 of title 10, United States Code) shall 

11 be the following: 

12 (1) For the Army Reserve, 8,249. 

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

14 States, 26,502. 

15 (3) For the Air Force Reserve, 9,909. 

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

17 States, 22,553. 

18 SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF 

19 NON-DUAL STATUS TECHNICIANS. 

20 (a) LIMITATIONS.— 

21 (1) NATIONAL GUARD.—Within the limitation 

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

23 States Code, the number of non-dual status techni24 cians employed by the National Guard as of Sep25 tember 30, 2008, may not exceed the following: 


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1 (A) For the Army National Guard of the 

2 United States, 1,600. 

3 (B) For the Air National Guard of the 

4 United States, 350. 

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

6 status technicians employed by the Army Reserve as 

7 of September 30, 2008, may not exceed 595. 

8 (3) AIR FORCE RESERVE.—The number of non9 dual status technicians employed by the Air Force 

10 Reserve as of September 30, 2008, may not exceed 

11 90. 

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

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

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

15 United States Code. 

16 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU17 THORIZED TO BE ON ACTIVE DUTY FOR 

18 OPERATIONAL SUPPORT. 

19 During fiscal year 2008, the maximum number of 

20 members of the reserve components of the Armed Forces 

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

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

23 States Code, is the following: 

24 (1) The Army National Guard of the United 

25 States, 17,000. 


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

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

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

4 (5) The Air National Guard of the United 

5 States, 16,000. 

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

7 Subtitle C—Authorization of 

8 Appropriations 

9 SEC. 421. MILITARY PERSONNEL. 

10 This section would authorize $105,403,698,000 to be 

11 appropriated for military personnel. 

12 SEC. 422. ARMED FORCES RETIREMENT HOME. 

13 There is hereby authorized to be appropriated for fis14 cal year 2008 for the Armed Forces Retirement Home the 

15 sum of $61,624,000 for the operation of the Armed Forces 

16 Retirement Home, including the United States Soldiers’ 

17 and Airmens’ Home and the Naval Home. 


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1 TITLE V—MILITARY PERSONNEL 

2 POLICY 

3 Subtitle A—Officer Personnel 

4 Policy 

5 SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR 

6 ARMY OFFICERS ON ACTIVE DUTY IN THE 

7 GRADE OF MAJOR TO MEET NEW FORCE 

8 STRUCTURE REQUIREMENTS. 

9 The table in section 523(a)(l) of title 10, United 

10 States Code, is amended by striking the figures under the 

11 heading ‘‘Major’’ in the portion of the table relating to 

12 the Army and inserting the following: 

‘‘7,768 

8,689 

9,611 

10,532 

11,454 

12,375 

13,297 

14,218 

15,140 

16,061 

16,983 

17,903 

18,825 

19,746 

20,668 

21,589 

22,511 

24,354 

26,197 

28,040 

35,412’’. 


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1 SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR 

2 NAVY OFFICERS ON ACTIVE DUTY IN THE 

3 GRADES OF LIEUTENANT COMMANDER, COM4 MANDER, AND CAPTAIN TO MEET NEW FORCE 

5 STRUCTURE REQUIREMENTS. 

6 The table in section 523(a)(2) of title 10, United 

7 States Code, is amended by striking the figures under the 

8 headings ‘‘Lieutenant Commander,’’ ‘‘Commander’’, and 

9 ‘‘Captain’’ and inserting the following: 

‘‘7,698 5,269 2,222 

8,189 5,501 2,334 

8,680 5,733 2,447 

9,172 5,965 2,559 

9,663 6,197 2,671 

10,155 6,429 2,784 

10,646 6,660 2,896 

11,136 6,889 3,007 

11,628 7,121 3,120 

12,118 7,352 3,232 

12,609 7,583 3,344 

13,100 7,813 3,457 

13,591 8,044 3,568 

14,245 8,352 3,718 

17,517 9,890 4,467’’. 

10 SEC. 503. ENHANCED AUTHORITY FOR RESERVE GENERAL 

11 AND FLAG OFFICERS TO SERVE ON ACTIVE 

12 DUTY. 

13 Section 526(d) of title 10, United States Code, is 

14 amended to read as follows: 

15 ‘‘(d) EXCLUSION OF CERTAIN OFFICERS.—(1) The 

16 limitations of this section do not apply to a reserve compo17 nent general or flag officer who is— 

18 ‘‘(A) on active duty for training; or 


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1 ‘‘(B) on active duty under a call or order speci2 fying a period of less than 180 days. 

3 ‘‘(2) Notwithstanding the limitation in paragraph 

4 (1)(B), the Secretary concerned may authorize not more 

5 than ten percent of the number of officers authorized 

6 under section 12004 of this title to serve for a period not 

7 to exceed 365 days. In determining the maximum number 

8 of officers that may serve on active duty at any one time 

9 under this paragraph, any fraction shall be rounded down 

10 to the next whole number, and at least one officer per 

11 service will be authorized under this section.’’. 

12 SEC. 504. REENLISTMENT OF OFFICERS IN THEIR FORMER 

13 ENLISTED GRADE. 

14 (a) REGULAR ARMY.—Section 3258 of title 10, 

15 United States Code, is amended— 

16 (1) in subsection (a)— 

17 (A) by striking ‘‘a Reserve’’ and inserting 

18 ‘‘an’’; and 

19 (B) by striking ‘‘a temporary’’ and insert20 ing ‘‘an’’; and 

21 (2) in subsection (b)— 

22 (A) in paragraph (1), by striking ‘‘a Re23 serve’’ and inserting ‘‘an’’; and 

24 (B) in paragraph (2), by striking ‘‘Re25 serve’’. 


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1 (b) REGULAR AIR FORCE.—Section 8258 of such 

2 title is amended— 

3 (1) in subsection (a)— 

4 (A) by striking ‘‘a reserve’’ and inserting 

5 ‘‘an’’; and 

6 (B) by striking ‘‘a temporary’’ and insert7 ing ‘‘an’’; and 

8 (2) in subsection (b)— 

9 (A) in paragraph (1), by striking ‘‘a Re10 serve’’ and inserting ‘‘an’’; and 

11 (B) in paragraph (2), by striking ‘‘Re12 serve’’. 

13 SEC. 505. DISCHARGE OF PROBATIONARY OFFICERS AND 

14 FORCE SHAPING AUTHORITY. 

15 (a) ACTIVE-DUTY LIST OFFICERS: YEARS OF ACTIVE

16 COMMISSIONED SERVICE.—Section 630(1)(A) of title 10, 

17 United States Code, is amended by striking ‘‘five’’ and 

18 inserting ‘‘six’’. 

19 (b) OFFICER FORCE SHAPING AUTHORITY.—Section 

20 647(b)(1) of such title is amended by striking ‘‘5’’ both 

21 places it appears and inserting ‘‘6’’. 

22 (c) RESERVE OFFICERS: YEARS OF ACTIVE COMMIS23 SIONED SERVICE.—Section 14503(a)(1) of such title is 

24 amended by striking ‘‘five’’ and inserting ‘‘six’’. 


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1 SEC. 506. ADDITION OF ALL NAVY PERMANENT MILITARY 

2 PROFESSORS TO THE LIST OF EXEMPTIONS 

3 TO DOPMA AUTHORIZED GRADE LIMITA4 TIONS. 

5 Section 523(b)(8) of title 10, United States Code, is 

6 amended by inserting before the period at the end the fol7 lowing: ‘‘, and career military professors (as defined in 

8 regulations prescribed by the Secretary of the Navy) of 

9 the Naval War College, the Naval Postgraduate School, 

10 and any other graduate-level institution established to pro11 vide advanced education to members of the Navy and Ma12 rine Corps, but not to exceed 35 in addition to those serv13 ing at the Naval Academy’’. 

14 SEC. 507. MANDATORY SEPARATION OF RESERVE OFFI15 CERS IN THE GRADE OF LIEUTENANT GEN16 ERAL OR VICE ADMIRAL. 

17 Section 14508 of title 10, United States Code, is 

18 amended— 

19 (1) by redesignating subsections (c), (d) and (e) 

20 as subsections (d), (e) and (f), respectively; and 

21 (2) by inserting after subsection (b) the fol22 lowing new subsection (c): 

23 ‘‘(c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEU24 TENANT GENERALS AND VICE ADMIRALS.—Unless re25 tired, transferred to the Retired Reserve, or discharged 

26 at an earlier date, each reserve officer of the Army, Air 


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1 Force, or Marine Corps in the grade of lieutenant general 

2 and each reserve officer of the Navy in the grade of vice 

3 admiral shall, 30 days after completion of 38 years of com4 missioned service, be separated in accordance with section 

5 14514 of this title.’’. 

6 SEC. 508. ADJUSTMENTS IN PAYMENT OF CONTINUATION 

7 OF PAY IN DISABILITY CLAIMS. 

8 (a) TIME OF ACCRUAL OF RIGHT.—The text of sec9 tion 8117 of title 5, United States Code, is amended to 

10 read as follows: 

11 ‘‘(a) An employee is not entitled to compensation or 

12 continuation of pay within the meaning of section 8118 

13 of this title for the first 3 days of temporary disability, 

14 except— 

15 ‘‘(1) when the disability exceeds 14 days; or 

16 ‘‘(2) as provided by sections 8103 and 8104 of 

17 this title. 

18 ‘‘(b) An employee may use annual leave, sick leave, 

19 or leave without pay during the three-day waiting period 

20 provided under subsection (a). If the disability exceeds 14 

21 days, the employee may have their sick leave or annual 

22 leave reinstated or receive pay for the time spent on leave 

23 without pay under this section.’’. 

24 (b) CONTINUATION OF PAY.—Section 8118 of such 

25 title is amended— 


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1 (1) in subsection (b)(1), by inserting ‘‘, except 

2 as provided under section 8117,’’ after ‘‘time’’; and 

3 (2) by striking subsection (c) and redesignating 

4 subsections (d) and (e) as subsections (c) and (d), 

5 respectively. 

6 (c) SUBROGATION OF THE UNITED STATES.—Sec7 tion 8131 of such title is amended— 

8 (1) in subsection (a), by inserting ‘‘continuation 

9 of pay or’’ after ‘‘which’’ in the matter preceding 

10 paragraph (1); and 

11 (2) in subsection (c), by inserting ‘‘continuation 

12 of pay or’’ after ‘‘the amount of’’. 

13 (d) ADJUSTMENT AFTER RECOVERY FROM A THIRD

14 PERSON.—Section 8132 of such title is amended— 

15 (1) in the first sentence— 

16 (A) by inserting ‘‘continuation of pay or’’ 

17 after ‘‘for which’’; 

18 (B) by inserting ‘‘continuation of pay or’’ 

19 after ‘‘entitled to’’; and 

20 (C) by inserting ‘‘continuation of pay and’’ 

21 after ‘‘amount of’’; and 

22 (2) by amending the fourth sentence to read as 

23 follows: ‘‘If continuation of pay or compensation has 

24 not been paid to the beneficiary, the money or prop25 erty shall be credited against continuation of pay or 


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1 compensation payable to him by the United States 

2 for the same injury.’’. 

3 SEC. 509. TEMPORARY SUSPENSION OF ELIGIBILITY FOR 

4 EDUCATION BENEFIT. 

5 Section 16165(b) of title 10, United States Code, is 

6 amended to read as follows: 

7 ‘‘(b) EXCEPTION.—Under regulations prescribed by 

8 the Secretary of Defense, a member of the Selected Re9 serve of the Ready Reserve who incurs a break in Selected 

10 Reserve service, but remains in the Individual Ready Re11 serve or Inactive National Guard during such break, may 

12 continue to receive educational assistance under this chap13 ter for up to 90 days during such break. However, eligi14 bility for educational assistance shall be suspended after 

15 the 90th day of such break until the member returns to 

16 service in the Selected Reserve.’’. 

17 SEC. 510. INCREASED TENURE FOR GENERAL AND FLAG 

18 OFFICERS. 

19 (a) IN GENERAL.—Sections 636 of title 10, United 

20 States Code, is amended— 

21 (1) by striking subsections (b) and (c); and 

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


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1 ‘‘(b) EXCEPTION.—Officers serving above the grade 

2 of major general or rear admiral may continue to serve 

3 without regard to years of service.’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) Subsection (a) of such section is amended 

6 by striking ‘‘or (c)’’. 

7 (2) Section 637(b) of such title is amended by 

8 striking the last sentence in paragraph (2). 

9 (3) Section 14508 of such title is amended— 

10 (A) by redesignating subsections (c), (d), 

11 and (e) as subsections (d), (e), and (f), respec12 tively; and 

13 (B) by inserting after subsection (b) the 

14 following new subsection (c): 

15 ‘‘(c) OFFICERS SERVING ABOVE THE GRADE OF

16 MAJOR GENERAL OR REAR ADMIRAL.—Officers serving 

17 above the grade of major general or rear admiral may con18 tinue to serve without regard to years of service.’’. 

19 SEC. 511. AMENDMENT OF YEARS OF SERVICE PROVISION 

20 TO CONFORM WITH EXTENDED MANDATORY 

21 RETIREMENT AGE FOR ACTIVE-DUTY GEN22 ERAL AND FLAG OFFICERS. 

23 Section 637(b)(3) of title 10, United States Code, is 

24 amended by striking ‘‘but such period may not (except as 

25 provided under section 1251(b) of this title) extend beyond 


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1 the date of the officer’s sixty-second birthday’’ and insert2 ing ‘‘except as provided under section 1253 of this title’’. 

3 Subtitle B—Reserve Component 

4 Matters 

5 SEC. 521. DUTY OF REGULAR MEMBERS OF THE ARMY AND 

6 AIR FORCE WITH THE NATIONAL GUARD. 

7 Section 315 of title 32, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(c) A commissioned officer or enlisted member of 

11 the Regular Army or Regular Air Force detailed, without 

12 vacating his or her regular appointment, to duty with the 

13 Army National Guard or the Air National Guard of a 

14 State, the Commonwealth of Puerto Rico, Guam, the Vir15 gin Islands, or the District of Columbia, may perform any 

16 duty authorized to be performed by the laws of the appli17 cable State, the Commonwealth of Puerto Rico, Guam, the 

18 Virgin Islands, or the District of Columbia, as appro19 priate, without regard to the limitations imposed by sec20 tion 1385 of title 18.’’. 

21 SEC. 522. ENFORCEMENT OF VOLUNTARY SERVICE AGREE22 MENTS. 

23 Section 12301(d) of title 10, United States Code, is 

24 amended by adding at the end the following new sentence: 

25 ‘‘When a member has entered into a written service agreeVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 ment (other than an agreement under section 12311 of 

2 this title) with the Secretary concerned specifying a period 

3 or periods of active duty to be performed for a particular 

4 mission or requirement, and in the case of a member of 

5 the Army National Guard of the United States or the Air 

6 National Guard of the United States with the consent of 

7 the Governor or other appropriate authority of the State 

8 concerned, the member may not withdraw his consent, un9 less agreed to by the Secretary, and the Secretary may 

10 order the member to active duty in accordance with the 

11 terms of the service agreement.’’. 

12 SEC. 523. BENEFITS FOR CERTAIN NATIONAL GUARD DUTY. 

13 Section 12602 of title 10, United States Code, is 

14 amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘and’’ at the end of para17 graph (2); 

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

19 paragraph (3) and inserting ‘‘; and’’; and 

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

21 paragraph: 

22 ‘‘(4) duty performed by a member of the Army 

23 National Guard of the United States in his status as 

24 a member of the Army National Guard under sec25 tion 502(f) of title 32 at the request of the President 


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1 or the Secretary of Defense shall be considered ac2 tive duty in Federal service as a Reserve of the 

3 Army for the purposes of providing benefits that are 

4 provided to Reserve component members performing 

5 duty pursuant to an order to active duty under a 

6 provision of law referred to in section 101(a)(13)(B) 

7 of this title.’’; and 

8 (2) in subsection (b)— 

9 (A) by striking ‘‘and’’ at the end of para10 graph (2); 

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

12 paragraph (3) and inserting ‘‘; and’’; and 

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

14 paragraph: 

15 ‘‘(4) duty performed by a member of the Air 

16 National Guard of the United States in his status as 

17 a member of the Air National Guard under section 

18 502(f) of title 32 at the request of the President or 

19 the Secretary of Defense shall be considered active 

20 duty in Federal service as a Reserve of the Air 

21 Force for the purposes of providing benefits that are 

22 provided to Reserve component members performing 

23 duty pursuant to an order to active duty under a 

24 provision of law referred to in section 101(a)(13)(B) 

25 of this title.’’. 


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1 SEC. 524. CONTINUED SERVICE WITHIN TWO YEARS OF RE2 TIREMENT ELIGIBILITY. 

3 Section 12686(b) of title 10, United States Code, is 

4 amended to read as follows: 

5 ‘‘(b) WAIVER.—With respect to a member of a re6 serve component who is to be ordered to active duty (other 

7 than for training) under section 12301 of this title pursu8 ant to an order to active duty for a single period or mul9 tiple periods and who (but for this subsection) would be 

10 covered by subsection (a), the Secretary concerned may 

11 require, as a condition of such order or multiple orders 

12 to active duty, that the member waive the applicability of 

13 subsection (a) to the member for the period or periods 

14 of active duty covered by that order and may include sub15 sequent orders. In carrying out this subsection, the Sec16 retary concerned may require that a waiver under the pre17 ceding sentence be executed before the period of active 

18 duty begins. At anytime before commencing a period of 

19 active duty covered by such a waiver, the member may 

20 withdraw consent to waive the applicability of subsection 

21 (a).’’. 


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1 SEC. 525. INCREASE IN THE PERIOD OF TEMPORARY FED2 ERAL RECOGNITION FROM SIX TO TWELVE 

3 MONTHS. 

4 Section 308(a) of title 32, United States Code, is 

5 amended by striking ‘‘six months’’ and inserting ‘‘twelve 

6 months’’. 

7 SEC. 526. NUCLEAR OFFICER INCENTIVE PAY: CONTINU8 ATION PAY ELIGIBILITY. 

9 Section 312 of title 37, United States Code, is 

10 amended— 

11 (1) in subsection (a)(3), by striking ‘‘26’’ and 

12 inserting ‘‘30’’; and 

13 (2) in subsection (e)(1), by striking ‘‘26’’ and 

14 inserting ‘‘30’’. 

15 Subtitle C—Education and 

16 Training 

17 SEC. 531. ISSUE OF SERVICEABLE MATERIAL OTHER THAN 

18 TO ARMED FORCES. 

19 (a) IN GENERAL.—Part IV of subtitle C of title 10, 

20 United States Code, is amended by adding at the end the 

21 following new chapter: 

22 ‘‘CHAPTER 667—ISSUE OF SERVICEABLE 

23 MATERIAL OTHER THAN TO ARMED 

24 FORCES 

‘‘Sec. 

‘‘7911. Arms, tentage, and equipment: educational institutions not maintaining 

units of ROTC. 


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‘‘7912. Rifles and ammunition for target practice: educational institutions having corps of cadets. 

‘‘7913. Supplies; military instruction camps. 

1 ‘‘§ 7911. Arms, tentage, and equipment: educational 

2 institutions not maintaining units of 

3 ROTC 

4 ‘‘Under such conditions as he may prescribe, the Sec5 retary of the Navy may issue arms, tentage, and equip6 ment that he considers necessary for proper military train7 ing, to any educational institution at which no unit of the 

8 Reserve Officers’ Training Corps is maintained, but which 

9 has a course in military training prescribed by the Sec10 retary and which has at least 50 physically fit students 

11 over 14 years of age. 

12 ‘‘§ 7912. Rifles and ammunition for target practice: 

13 educational institutions having corps of 

14 cadets 

15 ‘‘(a) AUTHORITY TO LEND.—The Secretary of the 

16 Navy may lend, without expense to the United States, 

17 magazine rifles and appendages, that are not of the exist18 ing service models in use at the time and that are not 

19 necessary for a proper reserve supply, to any educational 

20 institution having a uniformed corps of cadets of sufficient 

21 number for target practice. He also may issue 40 rounds 

22 of ball cartridges for each cadet for each range at which 

23 target practice is held, but not more than 120 rounds each 

24 year for each cadet participating in target practice. 


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1 ‘‘(b) RESPONSIBILITIES OF INSTITUTIONS.—The in2 stitutions to which property is lent under subsection (a) 

3 shall— 

4 ‘‘(1) use the property for target practice; 

5 ‘‘(2) take proper care of the property; and 

6 ‘‘(3) return the property when required. 

7 ‘‘(c) REGULATIONS.—The Secretary shall prescribe 

8 regulations to carry out this section, containing such other 

9 requirements as he considers necessary to safeguard the 

10 interests of the United States. 

11 ‘‘§ 7913. Supplies: military instruction camps 

12 ‘‘Under such conditions as he may prescribe, the Sec13 retary of the Navy may issue, to any educational institu14 tion at which an officer of the naval service is detailed 

15 as professor of naval science, such supplies as are nec16 essary to establish and maintain a camp for the military 

17 instruction of its students. The Secretary shall require a 

18 bond in the value of the property issued under this section, 

19 for the care and safekeeping of that property and, except 

20 for property properly expended, for its return when re21 quired.’’ 

22 (b) CLERICAL AMENDMENT.—The table of chapters 

23 for part IV of such title is amended by adding at the end 

24 the following new item: 


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‘‘667. Issue of Serviceable Material Other than to Armed Forces ........ 7910.’’. 

1 SEC. 532. AUTHORITY FOR PERMANENT PROFESSORS AT 

2 THE SERVICE MILITARY ACADEMIES OR MILI3 TARY GRADUATE SCHOOLS TO SIT AS MEM4 BERS OF PROMOTION BOARDS. 

5 Section 612(a)(1) of title 10, United States Code is 

6 amended by inserting after ‘‘active-duty list’’ the fol7 lowing: ‘‘or a permanent professor at the United States 

8 Military Academy or the United States Air Force Acad9 emy or the United States Naval Academy (as defined in 

10 regulations prescribed by the Secretary of the Navy), or 

11 career military professors from any graduate-level institu12 tion established to provide advanced education to members 

13 of the Army, Navy , Marine Corps or Air Force’’. 

14 SEC. 533. CAREER MILITARY PROFESSORS OF THE NAVY: 

15 PROMOTIONS. 

16 (a) PERMANENT PROFESSORS: UNITED STATES

17 NAVY.—Section 641(2) of title 10, United States Code, 

18 is amended to read as follows: 

19 ‘‘(2) The director of admissions, dean, and per20 manent professors at the United States Military 

21 Academy, the registrar, dean, and permanent profes22 sors at the United States Air Force Academy, per23 manent professors (as defined in regulations preVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 scribed by the Secretary of the Navy) at the United 

2 States Naval Academy, and career military profes3 sors (as defined in regulations prescribed by the Sec4 retary of the Navy) of the Naval War College, the 

5 Naval Postgraduate School, and any other graduate6 level institution established to provide advanced edu7 cation to members of the Navy and Marine Corps.’’. 

8 (b) PROMOTIONS.—(1) Chapter 603 of such title is 

9 amended by inserting after section 6970 the following new 

10 section: 

11 ‘‘§ 6970a. Permanent professors: promotion 

12 ‘‘An officer serving as a permanent professor at the 

13 Naval Academy (as defined in regulations prescribed by 

14 the Secretary of the Navy) or career military professors 

15 (as defined in regulations prescribed by the Secretary of 

16 the Navy) of the Naval War College, the Naval Post17 graduate School, and any other graduate-level institution 

18 established to provide advanced education to members of 

19 the Navy and Marine Corps in the grade of commander 

20 or lieutenant colonel may be recommended for promotion 

21 to the grade of captain or colonel under regulations pre22 scribed by the Secretary of the Navy, such promotion to 

23 be effective no earlier than six years after selection as a 

24 permanent professor or career military professor. An offi25 cer so recommended shall be promoted by appointment to 


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1 the higher grade by the President, by and with the advice 

2 and consent of the Senate.’’. 

3 (2) The table of sections at the beginning of 

4 such chapter is amended by inserting after the item 

5 relating to section 6970 the following new item: 

‘‘6970a. Permanent professors: promotion.’’. 

6 Subtitle D—General Service 

7 Authorities 

8 SEC. 541. SHORTEN EIGHT YEAR MANDATORY SERVICE OB9 LIGATION FOR QUALIFIED HEALTH PROFES10 SIONALS IN CRITICAL SPECIALTIES. 

11 Section 651 of title 10, United States Code, is 

12 amended by adding at the end the following new sub13 section: 

14 ‘‘(c) The Secretary of Defense may waive the required 

15 service provisions of subsection (a) for initial appoint16 ments of commissioned officers in critically short health 

17 professional specialties, as determined by the Secretary of 

18 Defense. However, no such waiver shall reduce the period 

19 of obligated service to a period of less than two years, and 

20 no waiver can reduce the period of obligated service below 

21 the period for which an individual accepted an accession 

22 bonus or Multiyear Special Pay contract.’’. 


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1 SEC. 542. REINSTATEMENT OF ENHANCED AUTHORITY FOR 

2 SELECTIVE EARLY RETIREMENT. 

3 (a) ENHANCED AUTHORITY FOR SELECTIVE EARLY

4 RETIREMENT.—Section 638a of title 10, United States 

5 Code, is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘October 1, 1990’’ and in8 serting ‘‘October 1, 2007’’; and 

9 (B) by striking ‘‘December 31, 2001’’ and 

10 inserting ‘‘December 31, 2012’’; and 

11 (2) in subsection (c)(1), by inserting before the 

12 period at the end of the second sentence the fol13 lowing: ‘‘; provided, however, that from October 1, 

14 2007 through December 31, 2012, such number 

15 may be more than 30 percent of the number of offi16 cers considered in each competitive category, but 

17 may not be more than 30 percent of the number of 

18 officers considered in each grade’’. 

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

20 subsection (a) shall apply with respect to agreements en21 tered into under section 1175a of title 10, United States 

22 Code, on or after the date of the enactment of this Act. 


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1 Subtitle E—Military Justice 

2 Matters 

3 SEC. 551. PERMIT SECRETARY TO DESIGNATE PERSONS EL4 IGIBLE FOR LEGAL ASSISTANCE. 

5 Section 1044(a) of title 10, United States Code, is 

6 amended by adding at the end the following new para7 graph: 

8 ‘‘(6) Other persons designated in regulations 

9 prescribed by the Secretary concerned.’’. 

10 Subtitle F—Defense Dependents 

11 Education System 

12 SEC. 561. PRIVATE TUITION FOR MILITARY DEPENDENTS 

13 IN REMOTE OVERSEAS AREAS. 

14 Section 1407(b)(1) of the Defense Dependents’ Edu15 cation Act of 1978 (20 U.S.C. 926(b)(1)) is amended by 

16 inserting ‘‘, including private boarding school schools in 

17 the U.S.,’’ in the first sentence after ‘‘subsection (a)’’. 

18 Subtitle G—Other Matters 

19 SEC. 571. ELIMINATION OF ANNUAL LIMIT ON NUMBER OF 

20 ROTC SCHOLARSHIPS UNDER ARMY RESERVE 

21 AND NATIONAL GUARD PROGRAM. 

22 Subsection (h) of section 2107a of title 10, United 

23 States Code, is amended by striking ‘‘not more than 416 

24 cadets each year under this section, to include’’ and insert25 ing ‘‘each year under this section’’. 


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1 SEC. 572. CREATION OF UNIFORM MILITARY BAND PER2 FORMANCE AUTHORITY; CLARIFICATION OF 

3 CIRCUMSTANCES THAT CREATE COMPETI4 TION WITH LOCAL CIVILIAN MUSICIANS. 

5 (a) IN GENERAL.—Chapter 49 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 988. Uniform military band performance authority 

9 ‘‘(a) DEPARTMENT OF DEFENSE BANDS.—Depart10 ment of Defense bands, ensembles, choruses, or similar 

11 musical units, including individual members thereof per12 forming in an official capacity, shall not perform music 

13 in competition with local civilian musicians or receive re14 muneration for official performances. 

15 ‘‘(b) DEFINITION.—As used in this section, the term 

16 ‘perform music in competition with local civilian musi17 cians’— 

18 ‘‘(1) includes, but is not limited to, perform19 ances— 

20 ‘‘(A) that are more than incidental to 

21 events that are not supported solely by appro22 priated funds and are not free to the public; 

23 and 

24 ‘‘(B) of background, dinner, dance, or 

25 other social music at events, regardless of locaVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 tion, that are not supported solely by appro2 priated funds; but 

3 ‘‘(2) does not include performances— 

4 ‘‘(A) at official Federal Government events 

5 that are supported solely by appropriated funds; 

6 ‘‘(B) at concerts, parades, and other events 

7 that are patriotic events or celebrations of na8 tional holidays and are free to the public; or 

9 ‘‘(C) that are incidental, including short 

10 performances of military or patriotic music to 

11 open or close events, to events that are not sup12 ported solely by appropriated funds, in compli13 ance with applicable rules and regulations. 

14 ‘‘(c) MEMBERS OF DEPARTMENT OF DEFENSE

15 BANDS.—Members of Department of Defense bands, en16 sembles, choruses, or similar musical units may perform 

17 music in their personal capacity, as individuals or part of 

18 a group, for remuneration or otherwise, when not wearing 

19 a military uniform, not identifying themselves as members 

20 of the Department of Defense, and in compliance with all 

21 applicable regulations and standards of conduct. 

22 ‘‘(d) RECORDINGS.—Department of Defense bands, 

23 ensembles, choruses, or similar musical units, when au24 thorized pursuant to Department of Defense regulation, 

25 may produce recordings for distribution to the public at 


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1 a cost not to exceed production and distribution expenses, 

2 and payments from such recordings shall be credited back 

3 to the appropriation enabling such expenses.’’. 

4 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

5 (1) The table of sections at the beginning of such chapter 

6 is amended by adding at the end the following new item: 

‘‘988. Uniform military band performance authority.’’. 

7 (2) Sections 3634, 6223, and 8634 of such title are 

8 repealed. 

9 SEC. 573. RECOVERY OF MISSING MILITARY PROPERTY BY 

10 THE NAVY AND MARINE CORPS. 

11 (a) IN GENERAL.—Chapter 661 of title 10, United 

12 States Code, is amended by adding at the end the fol13 lowing new sections: 

14 ‘‘§ 7864. Property accountability: regulations 

15 ‘‘The Secretary of the Navy may prescribe regula16 tions for the accounting for Navy and Marine Corps prop17 erty and the fixing of responsibility for that property. 

18 ‘‘§ 7865. Individual equipment: unauthorized disposi19 tion 

20 ‘‘(a) PROHIBITION.—No member of the Navy or the 

21 Marine Corps may sell, lend, pledge, barter, or give any 

22 clothing, arms, or equipment furnished him by the United 

23 States to any person other than a member of the Navy 

24 or the Marine Corps, or an officer of the United States, 

25 authorized to receive it. 


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1 ‘‘(b) SEIZURE OF PROPERTY.—If a member of the 

2 Navy or the Marine Corps has disposed of property in vio3 lation of subsection (a) and it is in the possession of a 

4 person who is neither a member of the Navy or the Marine 

5 Corps, nor an officer of the United States, authorized to 

6 receive it, that person has no right to or interest in the 

7 property, and any civil or military officer of the United 

8 States may seize it, wherever found. Possession of such 

9 property furnished by the United States to a member of 

10 the Navy or the Marine Corps, by a person who is neither 

11 a member of the Navy or the Marine Corps, nor an officer 

12 of the United States, is prima facie evidence that it has 

13 been disposed of in violation of subsection (a). 

14 ‘‘(c) RETENTION OF SEIZED PROPERTY.—If an offi15 cer who seizes property under subsection (b) is not author16 ized to retain it for the United States, he shall deliver it 

17 to a person who is authorized to retain it.’’. 

18 (b) CLERICAL AMENDMENTS.—The table of sections 

19 at the beginning of such chapter is amended by adding 

20 at the end the following new items: 

‘‘7864. Property accountability; regulations. 

‘‘7865. Individual equipment; unauthorized disposition.’’. 

21 SEC. 574. FLEXIBLE MANAGEMENT OF DEPLOYMENTS OF 

22 MEMBERS. 

23 (a) IN GENERAL.—Section 991 of title 10, United 

24 States Code, is amended— 


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1 (1) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) MANAGEMENT RESPONSIBILITIES.—(1) The 

4 Secretary concerned shall prescribe regulations to manage 

5 the deployment of a member of the armed forces in his 

6 military department to ensure that the member is not de7 ployed, or continued in a deployment, beyond prescribed 

8 high-deployment thresholds for the consecutive days for 

9 which the member may be deployed and the total number 

10 of days on which the member has been deployed out of 

11 the preceding 730 days. The regulations shall— 

12 ‘‘(A) specify the high-deployment thresholds; 

13 ‘‘(B) establish procedures to ensure that mem14 bers are aware of their deployment days; and 

15 ‘‘(C) specify the approval process which must 

16 take place before a member may be deployed, or con17 tinued in a deployment, beyond the high-deployment 

18 thresholds. 

19 ‘‘(2) The Secretary of Defense shall approve— 

20 ‘‘(A) the high-deployment thresholds for the 

21 military departments; and 

22 ‘‘(B) the procedures for the payment of hard23 ship duty pay under section 305 of title 37 for those 

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1 ship duty by being deployed in excess of approved 

2 high-deployment thresholds.’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘a training exercise or’’ 

6 and inserting ‘‘an’’; and 

7 (ii) by inserting ‘‘as designated by the 

8 Secretary concerned’’ after ‘‘cir9 cumstances’’; 

10 (B) in paragraph (3)— 

11 (i) by striking ‘‘or’’ at the end of sub12 paragraph (B); 

13 (ii) by striking the period at the end 

14 of subparagraph (C) and inserting a semi15 colon; and 

16 (iii) by adding at the end the fol17 lowing new subparagraphs: 

18 ‘‘(D) performing non-operational tem19 porary duty including conferences and semi20 nars; or 

21 ‘‘(E) participating in training or exercises 

22 as designated by the Secretary concerned.’’; and 

23 (C) in paragraph (4)— 

24 (i) in the first sentence— 


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1 (I) by striking ‘‘The Secretary of 

2 Defense’’ and inserting ‘‘The Sec3 retary concerned’’; and 

4 (II) by inserting ‘‘with the ap5 proval of the Secretary of Defense’’ 

6 after ‘‘(2)’’; and 

7 (ii) by striking the second sentence; 

8 (3) by striking subsection (d); and 

9 (4) by redesignating subsection (e) as sub10 section (d). 

11 (b) REPEAL OF HIGH DEPLOYMENT ALLOWANCE

12 AND STRENGTHENING OF HARDSHIP DUTY PAY.— 

13 (1) Section 436 of title 37, United States Code, 

14 is repealed. 

15 (2) The text of section 305 of such title is 

16 amended to read as follows: 

17 ‘‘(a) AUTHORITY.—A member of a uniformed service 

18 who is entitled to basic pay may be paid special pay under 

19 this section while the member is performing duty in the 

20 United States or outside the United States that is des21 ignated by the Secretary of Defense as hardship duty. 

22 Special pay payable under this section may be paid on a 

23 monthly basis or in a lump sum. 

24 ‘‘(b) WRITTEN AGREEMENT.—The Secretary con25 cerned shall require a member performing service in an 


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1 assignment designated under subsection (a) to enter into 

2 a written agreement with the Secretary in order to qualify 

3 for the payment of special pay on a lump sum basis under 

4 this section. The written agreement shall specify the pe5 riod for which the special pay will be paid to the member 

6 and, subject to subsection (c), the amount of the lump 

7 sum of the special pay. 

8 ‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The max9 imum monthly rate of special pay payable to a member 

10 on a monthly basis under this section is $1,500. 

11 ‘‘(2) The amount of the lump sum payment of special 

12 pay payable to a member on a lump sum basis under this 

13 section may not exceed an amount equal to the product 

14 of— 

15 ‘‘(A) the maximum monthly rate authorized 

16 under paragraph (1) at the time of the written 

17 agreement of the member under subsection (b); and 

18 ‘‘(B) the number of months in the period for 

19 which hardship duty pay will be paid pursuant to 

20 the agreement. 

21 ‘‘(3) If a member extends an assignment specified in 

22 an agreement with the Secretary under subsection (b), 

23 special pay for the period of the extension may be paid 

24 under this section on a monthly basis or in a lump sum 

25 in accordance with this section. 


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1 ‘‘(d) REPAYMENT.—A member who enters into an 

2 agreement under this section and receives special pay 

3 under the agreement in a lump sum, but who fails to com4 plete the period of service covered by the payment, shall 

5 be subject to the repayment provisions of section 303a(e) 

6 of this title. 

7 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW8 ANCES.—Special pay paid to a member under this section 

9 is in addition to any other pay and allowances to which 

10 the member is entitled. 

11 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

12 prescribe regulations for the provision of hardship duty 

13 pay under subsection (a), including the specific rates at 

14 which the special pay will be available.’’. 

15 TITLE VI—COMPENSATION AND 

16 OTHER PERSONNEL BENEFITS 

17 Subtitle A—Pay and Allowances 

18 SEC. 601. ALLOWANCE FOR RESERVE SCREENING. 

19 (a) ALLOWANCE FOR ELECTRONIC SCREENING.— 

20 Chapter 7 of title 37, United States Code, is amended by 

21 inserting after section 433 the following new section: 

22 ‘‘§ 433a. Allowance for participation in Ready Re23 serve screening 

24 ‘‘(a) SCREENING ALLOWANCE.—Under uniform reg25 ulations prescribed by the Secretaries concerned, a memVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 ber of the Individual Ready Reserve may be paid a stipend 

2 for participation in the screening performed pursuant to 

3 section 10149 of title 10, in lieu of muster duty performed 

4 under section 12319 of title 10, when such participation 

5 is conducted through electronic means. 

6 ‘‘(b) MAXIMUM PAYMENT.—The amount of the sti7 pend under this section shall not exceed $50 in any cal8 endar year. 

9 ‘‘(c) BAR TO RETIREMENT CREDIT.—Participation 

10 in the screening under this section shall not be credited 

11 in determining entitlement to, or in computing, retired pay 

12 under chapter 1223 of title 10. 

13 ‘‘(d) PAYMENT REQUIREMENTS.—(1) The stipend 

14 authorized by this section may not be disbursed in kind. 

15 ‘‘(2) The stipend may be paid to the member on or 

16 after the date the screening is performed, but not later 

17 than 30 days after that date. 

18 ‘‘(3) The stipend shall constitute the single, flat-rate 

19 monetary allowance authorized for the performance of the 

20 screening and shall constitute payment in full to the mem21 ber, regardless of the grade or rank in which the member 

22 is serving. 

23 ‘‘(e) BAR TO INACTIVE DUTY COMPENSATION.—A 

24 member who participates in screening conducted through 

25 electronic means pursuant to this section is not entitled 


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1 to compensation for inactive-duty training under section 

2 206(a) of this title for the same period.’’. 

3 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

4 (1) CONFORMING AMENDMENTS.— 

5 (A) BAR TO DUAL COMPENSATION.—Sec6 tion 206 of such title is amended by adding at 

7 the end the following new subsection: 

8 ‘‘(f) A member of the National Guard or a member 

9 of a reserve component of a uniformed service is not enti10 tled to compensation under this section when the member 

11 received compensation under section 433a of this title.’’. 

12 (B) BAR TO RETIREMENT CREDI.—Section 

13 12732(b) of title 10, United States Code, is 

14 amended by adding at the end the following 

15 new paragraph: 

16 ‘‘(8) Service performed through electronic 

17 screening, regardless of compensation received under 

18 section 433a of title 37.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 7 of title 37, 

21 United States Code, is amended by inserting after 

22 the item relating to section 433 the following new 

23 item: 

‘‘433a. Allowance for participation in Ready Reserve screning.’’. 


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1 SEC. 602. JROTC INSTRUCTOR STIPENDS FOR HARD-TO2 FILL AREAS. 

3 Section 2031(d) of title 10, United States Code, is 

4 amended— 

5 (1) by redesignating paragraph (2) as para6 graph (3); and 

7 (2) by inserting after paragraph (1) the fol8 lowing new paragraph (2): 

9 ‘‘(2)(A) When determined by the Secretary con10 cerned to be in the national interest, and agreed 

11 upon by the institution concerned, an institution 

12 may reimburse the moving expenses of a Junior Re13 serve Officer’s Training Corps instructor who signs 

14 a written agreement to serve a minimum commit15 ment of two years of employment at that institution 

16 in a hard-to-fill position, due to geographic or eco17 nomic factors and as determined by the Secretary 

18 concerned. This payment is separate from the min19 imum instructor pay. 

20 ‘‘(B) In the case of payment of such additional 

21 amounts by the institution concerned to cover the 

22 moving expenses, the Secretary concerned shall re23 imburse the institution in an amount equal to the 

24 amount paid by the institution. Such payments by 

25 the Secretary shall be made from funds appropriated 

26 for that purpose. 


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1 ‘‘(C) Amounts paid under this paragraph shall 

2 be subject to regulations promulgated by the Sec3 retary of Defense.’’. 

4 SEC. 603. INCOME REPLACEMENT PAYMENTS FOR RE5 SERVES EXPERIENCING EXTENDED AND FRE6 QUENT MOBILIZATION FOR ACTIVE DUTY 

7 SERVICE. 

8 Section 910 of title 37, United States Code, is 

9 amended— 

10 (1) in subsection (a), by inserting ‘‘, when the 

11 total monthly military compensation of the member 

12 is less than the average monthly civilian income’’ 

13 after ‘‘by the Secretary’’; 

14 (2) by amending subsection (b) to read as fol15 lows: 

16 ‘‘(b) ELIGIBILITY.—Subject to subsection (c), a re17 serve component member is entitled to a payment under 

18 this section for any full month of active duty of the mem19 ber— 

20 ‘‘(1) while on active duty under an involuntary 

21 mobilization order, following the date on which the 

22 member— 

23 ‘‘(A) completes 18 continuous months of 

24 service on active duty under such an order; 


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1 ‘‘(B) completes 730 cumulative days on ac2 tive duty under an involuntary mobilization 

3 order during the previous 1,826 days; or 

4 ‘‘(C) is involuntarily mobilized for service 

5 on active duty for a period of 180 days or more 

6 within 180 days following the member’s separa7 tion from a previous period of active duty for 

8 period of 180 days or more; or 

9 ‘‘(2) when the member who qualified for income 

10 replacement payments under paragraph (1) is re11 tained on active duty under section 12301(h)(1)(A) 

12 or (B) of title 10 because of an injury or illness in13 curred or aggravated while deployed to an area des14 ignated for special pay under section 310 of this 

15 title. Once the member is released from active duty, 

16 entitlement to pay under this section terminates.’’; 

17 and 

18 (3) by amending subsection (g) to read as fol19 lows: 

20 ‘‘(g) TERMINATION OF AUTHORITY.—Payment under 

21 this section shall only be made for service performed on 

22 or before December 31, 2008.’’. 


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1 SEC. 604. REVISIONS TO TUITION ASSISTANCE AUTHORITY. 

2 (a) REVISION TO AUTHORITY TO REDUCE OR WAIVE

3 ACTIVE DUTY SERVICE OBLIGATION.—Section 2007(b) of 

4 title 10, United States Code, is amended— 

5 (1) in paragraph (1)— 

6 (A) by inserting ‘‘(other than a member of 

7 the Ready Reserve)’’ after ‘‘active duty’’ the 

8 first place it appears; and 

9 (B) by striking ‘‘or full-time National 

10 Guard duty’’ both places it appears; and 

11 (2) in paragraph (2)(B), by inserting ‘‘for 

12 which ordered to active duty’’ after ‘‘active duty 

13 service’’. 

14 (b) AUTHORITY TO PAY TUITION ASSISTANCE TO

15 MEMBERS OF THE READY RESERVE.—Subsection (c) of 

16 such section is amended to read as follows: 

17 ‘‘(c)(1) As provided in subsection (a) and subject to 

18 paragraphs (2) and (3), the Secretary of a military depart19 ment may pay the charges of an educational institution 

20 for the tuition or expenses of a member of the Ready Re21 serve. For members of the Individual Ready Reserve, the 

22 Secretary of a military department will selectively deter23 mine if any military operational specialties qualify for this 

24 benefit. 

25 ‘‘(2) The Secretary may not pay charges under para26 graph (1) for tuition or expenses of an officer of the SeVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 lected Reserve of the Ready Reserve unless the officer 

2 agrees to remain a member of the Selected Reserve for 

3 at least four years after completion of the education or 

4 training for which the charges are paid. 

5 ‘‘(3) The Secretary may not pay charges under para6 graph (1) for tuition or expenses of an officer of the Ready 

7 Reserve who is not an officer of the Selected Reserve un8 less the officer agrees to remain in the Ready Reserve for 

9 at least four years after completion of the education or 

10 training for which the charges are paid. For the Individual 

11 Ready Reserve, the Secretary of a military department will 

12 selectively determine if any military operational specialties 

13 qualify for this benefit. 

14 ‘‘(4) The Secretary may require a service obligation 

15 for enlisted members of the Selected Reserve or Ready Re16 serve for up to four years in the Selected Reserve or Ready 

17 Reserve after completion of education or training for 

18 which tuition or expenses are paid under paragraph (1).’’. 

19 (c) ELIMINATION OF UNNECESSARY PROVISION.— 

20 Such section is further amended— 

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

22 (2) by redesignating subsections (e) and (f) as 

23 subsections (d) and (e), respectively. 


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1 (d) REPAYMENT OF UNEARNED BENEFIT.—Sub2 section (e) of such section, as redesignated by subsection 

3 (c), is amended— 

4 (1) by inserting ‘‘(1)’’ after ‘‘(f)’’; and 

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

6 paragraph: 

7 ‘‘(2) If a member of the Ready Reserve who en8 ters into an agreement under subsection (c) does not 

9 complete the period of service specified in the agree10 ment, the member shall be subject to the repayment 

11 provisions of section 303a(e) of title 37.’’. 

12 (e) REGULATIONS.—Such section is further amended 

13 by adding at the end the following new subsection (f): 

14 ‘‘(f) This section shall be administered under regula15 tions prescribed by the Secretary of Defense for the armed 

16 forces under his jurisdiction and by the Secretary of 

17 Homeland Security for the Coast Guard when it is not 

18 operating as a service in the Navy.’’. 

19 SEC. 605. MONTGOMERY GI BILL FOR THE SELECTED RE20 SERVE BENEFITS FOR CERTAIN MEMBERS 

21 AFFECTED BY FORCE SHAPING INITIATIVES. 

22 Section 16133(b)(1)(B) of title 10, United States 

23 Code, is amended— 

24 (1) by striking ‘‘October 1, 1991’’ and inserting 

25 ‘‘October 1, 2007’’; and 


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1 (2) by striking ‘‘December 31, 2001’’ and in2 serting ‘‘December 31, 2011’’. 

3 SEC. 606. EXTENDED SERVICEMEMBERS’ GROUP LIFE IN4 SURANCE. 

5 (a) EXTENDED INSURANCE COVERAGE DURING THE

6 FORCE SHAPING PERIOD.—Section 1968(a) of title 38, 

7 United States Code, is amended— 

8 (1) in paragraph (1)— 

9 (A) by redesignating subparagraph (B) as 

10 subparagraph (C); and 

11 (B) by inserting after subparagraph (A) 

12 the following new subparagraph (B): 

13 ‘‘(B) 180 days after release or separation 

14 from active duty or active duty for training, if 

15 such person’s separation or release is the result 

16 of force reduction that begins October 1, 2007, 

17 and ends December 31, 2011, and such person 

18 requests the additional 60 days of coverage.’’; 

19 and 

20 (2) in paragraph (4)— 

21 (A) by inserting ‘‘—(A)’’ after ‘‘shall 

22 cease’’; 

23 (B) by redesignating subparagraphs (A) 

24 and (B) as clauses (i) and (ii), respectively; 

25 (C) in clause (ii), as so redesignated— 


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1 (i) by redesignating clauses (i) and 

2 (ii) as subclauses (I) and (II), respectively; 

3 and 

4 (ii) by striking the period at the end 

5 and inserting ‘‘; or’’; and 

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

7 subparagraph: 

8 ‘‘(B) 180 days after separation or release 

9 from such assignment by reason of the inactiva10 tion of the person’s unit of assignment begin11 ning October 1, 2007, and ending December 

12 31, 2011, and such person requests the addi13 tional 60 days of coverage.’’. 

14 (b) PAYMENT OF PREMIUMS.—Such section is fur15 ther amended— 

16 (1) by redesignating subsection (b) as sub17 section (c); and 

18 (2) by inserting after subsection (a) the fol19 lowing new subsection (b): 

20 ‘‘(b)(1) The total amount of the cost attributable to 

21 insuring a person under subsection (a)(1)(B) shall be paid 

22 by the member prior to separation or release from active 

23 duty or active duty for training. 

24 ‘‘(2) The total amount of the cost attributable to in25 suring a person under subsection (a)(4)(B) shall be paid 


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1 by the member prior to the separation or release from as2 signment.’’. 

3 SEC. 607. MODIFICATION OF MONTGOMERY GI BILL PAR4 TICIPATION ELECTION AND EDUCATIONAL 

5 LOAN REPAYMENT. 

6 Section 3011(c)(1) of title 38, United States Code, 

7 is amended by inserting ‘‘unless that individual enlists 

8 with an incentive under section 2171 of title 10. Such an 

9 individual shall make the election either at the time the 

10 individual enters active duty or at the time of reenlist11 ment. Notwithstanding section 3011(b) of this title, the 

12 pay of an individual who elects to participate at the time 

13 of reenlistment shall be reduced by $100.00 for each of 

14 the first 12 months of their second term of enlistment.’’ 

15 after ‘‘on active duty as a member of the Armed Forces’’. 

16 Subtitle B—Bonuses and Special 

17 and Incentive Pays 

18 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

19 SPECIAL PAYS FOR RESERVE FORCES. 

20 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

21 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

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

23 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

24 31, 2008’’. 


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1 (b) SELECTED RESERVE REENLISTMENT BONUS.— 

2 Section 308b(g) of such title is amended by striking ‘‘De3 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

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

6 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem7 ber 31, 2008’’. 

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

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

11 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

12 (e) READY RESERVE NON-PRIOR SERVICE ENLIST13 MENT BONUS.—Section 308g(f)(2) of such title is amend14 ed by striking ‘‘December 31, 2007’’ and inserting ‘‘De15 cember 31, 2008’’. 

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

18 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem19 ber 31, 2008’’. 

20 (g) PRIOR SERVICE REENLISTMENT BONUS.—Sec21 tion 308i(f) of such title is amended by striking ‘‘Decem22 ber 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

23 (h) REPAYMENT OF EDUCATION LOANS FOR CER24 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE25 LECTED RESERVE.—Section 16302(d) of title 10, United 


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1 States Code, is amended by striking ‘‘January 1, 2008’’ 

2 and inserting ‘‘January 1, 2009’’. 

3 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

4 SPECIAL PAY AUTHORITIES FOR CERTAIN 

5 HEALTH CARE PROFESSIONALS. 

6 (a) NURSE OFFICER CANDIDATE ACCESSION PRO7 GRAM.—Section 2130a(a)(1) of title 10, United States 

8 Code, is amended by striking ‘‘December 31, 2007’’ and 

9 inserting ‘‘December 31, 2008’’. 

10 (b) ACCESSION BONUS FOR REGISTERED NURSES.— 

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

12 amended by striking ‘‘December 31, 2007’’ and inserting 

13 ‘‘December 31, 2008’’. 

14 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES15 THETISTS.—Section 302e(a)(1) of such title is amended 

16 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem17 ber 31, 2008’’. 

18 (d) ACCESSION BONUS FOR DENTAL OFFICERS.— 

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

20 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

21 2008’’. 

22 (e) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

23 Section 302j(a) of such title is amended by striking ‘‘De24 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 


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1 (f) ACCESSION BONUS FOR MEDICAL OFFICERS IN

2 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

3 302k(f) of such title is amended by striking ‘‘December 

4 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

5 (g) ACCESSION BONUS FOR DENTAL SPECIALIST OF6 FICERS IN CRITICALLY SHORT WARTIME SPECIALTIES.— 

7 Section 302l(g) of such title is amended by striking ‘‘De8 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

9 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

10 BONUS AUTHORITIES FOR NUCLEAR OFFI11 CERS. 

12 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI13 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

14 312(e) of title 37, United States Code, is amended by 

15 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

16 31, 2008’’. 

17 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

18 312b(c) of such title is amended by striking ‘‘December 

19 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

20 (c) NUCLEAR CAREER ANNUAL INCENTIVE

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

22 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

23 31, 2008’’. 


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1 SEC. 614. EXCEPTION TO 25 YEARS OF ACTIVE DUTY LIMIT 

2 FOR RECEIPT OF CRITICAL SKILLS RETEN3 TION BONUS. 

4 (a) Section 323(e) of title 37, United States Code, 

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

7 ‘‘(4) The limitations in paragraph (1) may be 

8 waived by the Secretary of Defense, or by the Sec9 retary of Homeland Security with respect to the 

10 Coast Guard when it is not operating as a service 

11 in the Navy, with respect to a member who is as12 signed duties in a designated critical skill during the 

13 period of active duty for which the bonus is being of14 fered. This authority may not be delegated below the 

15 Undersecretary of Defense for Personnel and Readi16 ness or the Deputy Secretary of the Department of 

17 Homeland Security with respect to the Coast Guard 

18 when it is not operating as a service in the Navy.’’. 

19 SEC. 615. ENHANCEMENT OF REFERRAL BONUS TO EN20 COURAGE SERVICE IN THE ARMY. 

21 (a) INDIVIDUALS ELIGIBLE FOR BONUS.—Subsection 

22 (a)(1) of section 645 of the National Defense Authoriza23 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

24 Stat. 3310) is amended by striking ‘‘enlists’’ and inserting 

25 ‘‘enlists, or is appointed as an officer to serve in a health 

26 profession designated by the Secretary,’’. 


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1 (b) EXTENSION OF AUTHORITY.—Subsection (h) of 

2 such section is amended by striking ‘‘December 31, 2007’’ 

3 and inserting ‘‘December 31, 2010’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on the date of the enactment 

6 of this Act and shall apply with respect to bonuses payable 

7 under section 645 of the National Defense Authorization 

8 Act for Fiscal Year 2006, as amended by this or any other 

9 section, on or after that date. 

10 SEC. 616. ENHANCEMENT OF SELECTED RESERVE ACCES11 SION BONUS AUTHORITY. 

12 Section 308c(c)(1) of title 37, United States Code, 

13 is amended— 

14 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

15 (2) by striking ‘‘and’’ at the end of subpara16 graph (A), as redesignated, and inserting ‘‘or’’; and 

17 (3) by adding at the end the following new sub18 paragraph: 

19 ‘‘(B) has previously served in the armed 

20 forces but was released from such service prior 

21 to completion of the training required by sec22 tion 671 of title 10, provided such service was 

23 characterized as either honorable or 

24 uncharacterized; and’’. 


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1 SEC. 617. SPECIAL PAY: REENLISTMENT BONUS FOR MEM2 BERS OF THE SELECTED RESERVE. 

3 Section 308b of title 37, United States Code, is 

4 amended— 

5 (1) in subsection (a)(2), by striking ‘‘for a pe6 riod of three years or for a period of six years’’ and 

7 inserting ‘‘for a period of not less than three years’’; 

8 and 

9 (2) in subsection (b)(1), by striking ‘‘may not 

10 exceed’’ and all that follows through the end and in11 serting ‘‘may not exceed $15,000.’’. 

12 SEC. 618. INCREASE IN INCENTIVE SPECIAL PAY AND 

13 MULTIYEAR RETENTION BONUS FOR MED14 ICAL OFFICERS OF THE ARMED FORCES. 

15 (a) INCENTIVE SPECIAL PAY.—Section 302(b)(1) of 

16 title 37, United States Code, is amended by striking 

17 ‘‘$50,000’’ and inserting ‘‘$75,000’’. 

18 (b) MULTIYEAR RETENTION BONUS.—Section 

19 301d(a)(2) of such title is amended by striking ‘‘$50,000’’ 

20 and inserting ‘‘$75,000’’. 

21 SEC. 619. INCREASE IN DENTAL OFFICER ADDITIONAL SPE22 CIAL PAY. 

23 Section 302b(a)(4) of title 37, United States Code, 

24 is amended— 

25 (1) by striking ‘‘at the following rates’’ in the 

26 matter preceding subparagraph (A) and inserting 


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1 ‘‘at a rate determined by the Secretary concerned, 

2 not to exceed’’; 

3 (2) in subparagraph (A), by striking ‘‘$4,000’’ 

4 and inserting ‘‘$10,000’’; and 

5 (3) in subparagraph (B), by striking ‘‘$6,000’’ 

6 and inserting ‘‘$12,000’’. 

7 SEC. 620. ACCESSION BONUS FOR PARTICIPANTS IN THE 

8 ARMED FORCES HEALTH PROFESSIONAL 

9 SCHOLARSHIP AND FINANCIAL ASSISTANCE 

10 PROGRAM. 

11 Section 2127 of title 10, United States Code, is 

12 amended by adding at the end the following new sub13 section: 

14 ‘‘(f)(1) In order to increase participation in the pro15 gram under this subchapter, the Secretary of Defense may 

16 offer to a person who signs an agreement under section 

17 2122 of this title an accession bonus of not more than 

18 $20,000. 

19 ‘‘(2) In the case of an individual who receives an ac20 cession bonus under this subsection, but fails to commence 

21 or complete obligated service under this subchapter, the 

22 repayment provisions of section 324(f) of title 37 shall 

23 apply to the accession bonus under this subsection.’’. 


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1 Subtitle C—Retired Pay and 

2 Survivor Benefits 

3 SEC. 621. WAIVER OF RECOUPMENT OF OVERPAYMENTS OF 

4 RETIRED PAY TO SPOUSE OR FORMER 

5 SPOUSE AS A RESULT OF RETROACTIVE DIS6 ABILITY DETERMINATION. 

7 Section 2774 of title 10, United States Code, is 

8 amended by adding at the end the following new sub9 section: The Director of the Office of Management and 

10 Budget or the Secretary concerned, as the case may be, 

11 shall waive any claim for overpayment against a spouse 

12 or former spouse of a member if— 

13 ‘‘(A) the payment was disposable retired pay 

14 that, pursuant to section 1408 of this title, a court 

15 treated as property for the purpose of issuing a final 

16 decree of divorce, dissolution, annulment, or legal 

17 separation, including a court ordered, ratified, or ap18 proved property settlement incident to such decree; 

19 and 

20 ‘‘(B) the claim for overpayment is attributable 

21 to a determination of entitlement to disability com22 pensation under title 38. 

23 ‘‘(2) In this section: 

24 ‘‘(A) The term ‘court’ has the meaning given 

25 such term in section 1408(a)(1) of this title. 


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1 ‘‘(B) The term ‘disposable retired pay’ has the 

2 meaning given such term in section 1408(a)(4) of 

3 this title. 

4 ‘‘(C) The term ‘final decree’ has the meaning 

5 given such term in section 1408(a)(3) of this title. 

6 ‘‘(D) The term ‘member’ has the meaning given 

7 such term in section 1408(a)(5) of this title. 

8 ‘‘(E) The term ‘spouse or former spouse’ has 

9 the meaning given such term in section 1408(a)(6) 

10 of this title.’’. 

11 SEC. 622. SURVIVOR BENEFIT PLAN; EXTENSION OF PE12 RIOD FOR ELECTION DEEMED TO HAVE BEEN 

13 MADE. 

14 (a) IN GENERAL.—Section 1450(f)(3)(C) of title 10, 

15 United States Code, is amended by striking ‘‘one year’’ 

16 and inserting ‘‘five years’’. 

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

18 this section shall apply with respect to divorces, dissolu19 tions, annulments, or legal separations that become effec20 tive after the end of the 90-day period beginning on the 

21 date of enactment of this Act. 

22 SEC. 623. ALLOWING MEMBER TO SUBMIT APPLICATION 

23 FOR DIRECT PAYMENT. 

24 (a) PERMIT APPLICATION FOR DIRECT PAYMENT BY

25 MEMBER.—Section 1408(d) of title 10, United States 


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1 Code, is amended in the first sentence of paragraph (1) 

2 by inserting ‘‘by a member or former member or the 

3 spouse or former spouse of such member’’ after ‘‘the Sec4 retary concerned’’. 

5 (b) CONDITIONS FOR DIRECT PAYMENT.—Section 

6 1408(d) of such title is further amended by adding at the 

7 end the following new paragraph: 

8 ‘‘(8) A former spouse who accepts payment 

9 shall be deemed— 

10 ‘‘(A) to have consented and agreed to the 

11 recovery of any future overpayments, including 

12 recovery by involuntary collection from the 

13 former spouse or his or her estate; and 

14 ‘‘(B) to have agreed to give prompt notice 

15 in writing to the Secretary if— 

16 ‘‘(i) the operative court order upon 

17 which payment is based is vacated, modi18 fied, or set aside; 

19 ‘‘(ii) the former spouse remarries, if 

20 all or a part of the payment is for alimony; 

21 or 

22 ‘‘(iii) the former spouse is ineligible 

23 for child support payments due to the 

24 death, emancipation, adoption, or attain25 ment of majority of a child whose support 


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1 is provided through direct payment to a 

2 former spouse from retired pay.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to applications for direct payment 

5 of retired pay submitted to the Secretary concerned after 

6 the end of the 90-day period beginning on the date of en7 actment of this Act. 

8 SEC. 624. DIVISION OF RETIRED PAY TO BE BASED ON MEM9 BER’S LENGTH OF SERVICE AND PAY GRADE 

10 AT TIME OF DIVORCE. 

11 (a) IN GENERAL.—Section 1408(c) of title 10, 

12 United States Code, is amended by adding at the end the 

13 following new paragraph: 

14 ‘‘(5) In the case of a member as to whom a de15 cree of divorce, dissolution, annulment, or legal sepa16 ration becomes final before the date on which the 

17 member begins to receive retired pay, the total 

18 monthly retired pay to which a member is entitled, 

19 for purposes of determining ‘disposable retired pay,’ 

20 as defined in paragraph (4) of subsection (a), that 

21 a court may treat in the manner described in para22 graph (1), shall be limited to retired pay computed 

23 based on the pay grade, and the length of service of 

24 the member while married, that are creditable to25 ward entitlement to basic pay and to retired pay as 


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1 of the date a marital property interest in retired pay 

2 terminates. Amounts so calculated shall be increased 

3 by the cumulative percentage of increases in basic 

4 pay and retired pay between the date a marital 

5 property interest in retired pay terminates and the 

6 effective date of the member’s retirement. Upon re7 quest and pursuant to regulations, the Secretary 

8 concerned shall calculate disposable retired pay de9 scribed in this paragraph.’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall apply with respect to divorces, dissolu12 tions, annulments, and legal separations that become ef13 fective after the end of the 90-day period beginning on 

14 the date of enactment of this Act. 

15 SEC. 625. INCREASES FOR DIVISIONS OF RETIRED PAY EX16 PRESSED AS A DOLLAR AMOUNT. 

17 (a) MONETARY AMOUNT ADJUSTMENT.—Section 

18 1408(a)(2)(C) of title 10, United States Code, is amended 

19 by striking ‘‘expressed in dollars’’ and inserting ‘‘ex20 pressed as a specific dollar amount, with such amount, 

21 if so ordered, being adjusted in the same manner and at 

22 the same time as retired pay is adjusted to reflect changes 

23 in the Consumer Price Index under section 1401a of this 

24 title,’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to court orders that 

3 become effective after the end of the 90-day period begin4 ning on the date of enactment of this Act. 

5 SEC. 626. LUMP SUM PAYMENTS TO FORMER SPOUSES OF 

6 MEMBERS OF THE UNIFORMED SERVICES. 

7 (a) AUTHORITY FOR LUMP SUM PAYMENT.—(1) 

8 Chapter 74 of title 10, United States Code, is amended 

9 by adding at the end the following new section: 

10 ‘‘§ 1468. Lump sum payments for certain amounts 

11 payable to former spouse 

12 ‘‘(a) If the present value of a periodic amount de13 scribed in subsection (b) payable to a former spouse does 

14 not exceed $5,000, the Secretary concerned shall pay, in 

15 a lump sum, an amount equal to such present value to 

16 the former spouse eligible for such benefit. 

17 ‘‘(b) A periodic amount described in this subsection 

18 means: 

19 ‘‘(1) An annuity under the Survivor Benefit 

20 Plan (subchapter II of chapter 73 of this title). 

21 ‘‘(2) Payment of retired pay pursuant to a 

22 court order resulting from the treatment by the 

23 court under section 1408(c) of this title of dispos24 able retired pay of a member of the uniformed serv25 ices as the property of the member and his spouse. 


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1 ‘‘(c) With the consent of the former spouse, the Sec2 retary concerned may pay, in a lump sum, an amount 

3 equal to the present value of a periodic amount described 

4 in subsection (b) in excess of $5,000. 

5 ‘‘(d) Payment of a lump sum under subsection (a) 

6 or (c) of this section shall constitute full payment of the 

7 amounts described in subsection (b) to the former spouse. 

8 ‘‘(e) For purposes of this section, the term ‘present 

9 value’ means the present value calculated by using the 

10 mortality table, interest rate, and actuarial assumptions 

11 pursuant to regulations prescribed by the Secretary of De12 fense. 

13 ‘‘(f) If a former spouse eligible for a payment under 

14 subsection (b) or (c) of this section elects to have all or 

15 a portion of such payment paid directly to an eligible re16 tirement plan, and specifies the eligible retirement plan 

17 to which such payment is to be paid (in such form and 

18 at such time as the Secretary concerned may prescribe), 

19 such payment shall be made in the form of a transfer by 

20 the Secretary concerned to the trustee of the eligible re21 tirement plan so specified. For purposes of the preceding 

22 sentence, the term ‘eligible retirement plan’ has the same 

23 meaning as ‘eligible retirement plan’ for purposes of sec24 tion 414(v)(2)(B) of the Internal Revenue Code of 1986 

25 (26 U.S.C. 414(v)(2)(B)).’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘1468. Lump sum payments for certain amounts payable to former spouse.’’. 

4 (b) ROLLOVER TREATMENT FOR LUMP SUM PAY5 MENTS PAID TO FORMER SPOUSES OF MEMBERS OF THE

6 UNIFORMED SERVICES.—Section 414 of the Internal Rev7 enue Code of 1986 (relating to definitions and special 

8 rules) is amended by adding at the end the following new 

9 subsection: 

10 ‘‘(w) LUMP SUM PAYMENTS TO FORMER SPOUSES

11 OF MEMBERS OF THE UNIFORMED SERVICES.— 

12 ‘‘(1) ELIGIBLE FOR ROLLOVER TREATMENT.— 

13 For purposes of this part including section 408, re14 lating to individual retirement accounts, any amount 

15 of a lump sum payment paid to an individual under 

16 the authority of section 1468 of title 10, United 

17 States Code, shall be considered an amount paid out 

18 of an individual retirement account to the individual 

19 for whose benefit the account is maintained and eli20 gible for rollover treatment under section 402(c)(6). 

21 ‘‘(2) TRANSFER BY SECRETARY CONCERNED TO

22 TRUSTEE.—Any amount of lump sum payment 

23 transferred by the Secretary concerned to a trustee 

24 of an eligible retirement plan in accordance with sec25 tion 1468 of title 10, United States Code, shall be 


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1 treated as an amount transferred in a direct trustee2 to-trustee transfer in accordance with section 

3 401(a)(31) and, as a result, shall not be includible 

4 in gross income for the taxable year of such trans5 fer. For purposes of this paragraph, the term ‘eligi6 ble retirement plan’ has the meaning given such 

7 term by section 401(a)(31)(D).’’. 

8 SEC. 627. PROHIBIT COURT-ORDERED PAYMENTS BEFORE 

9 RETIREMENT BASED ON IMPUTATION OF RE10 TIRED PAY. 

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

12 United States Code, is amended— 

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

14 (2) by adding at the end the following new sub15 paragraph: 

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

17 make payments based upon an imputation of a 

18 property interest in future retired pay of any 

19 kind to a spouse or former spouse before the 

20 date of the member’s actual retirement.’’. 

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

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

23 orders seeking enforcement of prior final decrees issued 

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


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1 SEC. 628. REVOCATION OF TEN-YEAR RULE FOR DIRECT 

2 PAYMENT OF RETIRED PAY. 

3 (a) REVOCATION OF TEN-YEAR RULE.—Section 

4 1408(d) of title 10, United States Code, is amended— 

5 (1) by striking paragraph (2); and 

6 (2) by redesignating paragraphs (3) through 

7 (7) as paragraphs (2) through (6), respectively. 

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

9 this section shall take effect on the first day of the first 

10 month which begins more than 120 days after the date 

11 of enactment of this Act and shall apply only to payments 

12 of retired pay for periods beginning on or after the effec13 tive date of this section in the case of any former spouse 

14 of a member or former member of the uniformed services. 

15 SEC. 629. SURVIVOR BENEFIT PLAN; MULTIPLE BENE16 FICIARIES. 

17 (a) PERMIT SPOUSE AND FORMER SPOUSE COV18 ERAGE.—Section 1448(b)(2) of title 10, United States 

19 Code, is amended— 

20 (1) in subparagraph (B)— 

21 (A) by striking ‘‘prevents payment’’ and 

22 inserting ‘‘reduces the amount’’; and 

23 (B) by striking ‘‘including payment’’ and 

24 inserting ‘‘including the amount of an annuity’’; 

25 and 


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1 (2) in subparagraph (C), by striking ‘‘which 

2 former spouse is to be provided the annuity’’ and in3 serting ‘‘the base amount applicable in determining 

4 the amount of the annuity of each former spouse’’. 

5 (b) PERMIT SPOUSE AND FORMER SPOUSE ANNU6 ITIES.—Section 1450(a)(1) of such title is amended to 

7 read as follows: 

8 ‘‘(1) SURVIVING SPOUSE AND FORMER

9 SPOUSE(S).—The eligible surviving spouse and every 

10 eligible former spouse.’’. 

11 (c) PERMIT REDUCTIONS IN RETIRED PAY IN THE

12 CASE OF MULTIPLE BENEFICIARIES.—Section 1452 of 

13 such title is amended by adding at the end the following 

14 new subsection: 

15 ‘‘(k) REDUCTIONS IN RETIRED PAY IN THE CASE OF

16 MULTIPLE BENEFICIARIES.—When a participant in the 

17 Plan has elected to provide an annuity to a spouse and 

18 to one or more former spouses, reductions in retired pay 

19 required by subsection (a) shall be made for each annuity 

20 elected, in an amount based on the base amount applicable 

21 to each annuity. In the case of a reduction in retired pay 

22 to provide an annuity to a former spouse to whom pay23 ment of a portion of a member’s retired pay is being made 

24 pursuant to a court order under section 1408 of this title, 

25 such reduction in retired pay shall be deducted from the 


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1 amounts paid to such member, to such former spouse, or 

2 both, as provided by court order or by agreement of the 

3 parties.’’. 

4 (d) EFFECTIVE DATE.—The amendments made by 

5 subsections (a), (b), and (c) apply with respect to elections 

6 made on or after the date of enactment of this Act. Any 

7 election to provide an annuity to a spouse or former 

8 spouse who was prevented from being a beneficiary under 

9 the laws in effect before the date of enactment of this Act 

10 shall be made within 180 days following the date of enact11 ment of this Act. 

12 (e) COVERAGE FOR SURVIVORS OF RETIREMENT-EL13 IGIBLE MEMBERS WHO DIE ON ACTIVE DUTY.—(1) Sec14 tion 1448(d) of such title is amended— 

15 (A) in paragraph (3), by striking ‘‘the Sec16 retary—(A) may not pay an annuity under para17 graph (1) or (2); but (B)’’ and inserting ‘‘the Sec18 retary’’; and 

19 (B) by amending paragraph (5) to read as fol20 lows: 

21 ‘‘(5) COMPUTATION.—(A) The amount of an 

22 annuity payable to a former spouse pursuant to 

23 paragraph (3) shall be computed on the basis of a 

24 base amount equal to the amount of retired pay 

25 that, under the authority of section 1408(c) of this 


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1 title, is treated under a court order or spousal agree2 ment as the property of such former spouse. 

3 ‘‘(B) The amount of an annuity payable under 

4 paragraph (1) or (2) shall be computed under sec5 tion 1451(c) of this title; however, the retired pay 

6 otherwise applicable with respect to such computa7 tion shall be reduced by an amount equal to the base 

8 amount that provides the basis for computing the 

9 amount of an annuity payable to a former spouse 

10 under paragraph (3) of this subsection.’’. 

11 (2) EFFECTIVE DATE.—The amendments made by 

12 paragraph (1) shall apply with respect to survivors of re13 tirement-eligible members who die on active duty on or 

14 after the date of enactment of this Act. 

15 (f) COVERAGE FOR SURVIVORS OF PERSONS DYING

16 WHEN ELIGIBLE TO ELECT RESERVE COMPONENT AN17 NUITY.—(1) Section 1448(f) of such title is amended— 

18 (A) by striking ‘‘the Secretary—(A) may not 

19 pay an annuity under paragraph (1) or (2); but 

20 (B)’’ and inserting ‘‘the Secretary’’; and 

21 (B) by amending paragraph (4) to read as fol22 lows: 

23 ‘‘(4) COMPUTATION.—(A) The amount of an 

24 annuity payable to a former spouse pursuant to 

25 paragraph (3) shall be computed on the basis of a 


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1 base amount equal to the amount of retired pay 

2 that, under the authority of section 1408(c) of this 

3 title, is treated under a court order or spousal agree4 ment as the property of such former spouse. 

5 ‘‘(B) The amount of an annuity payable under 

6 paragraph (1) or (2) shall be computed under sec7 tion 1451(c) of this title; however, the retired pay 

8 otherwise applicable with respect to such computa9 tion shall be reduced by an amount equal to the base 

10 amount that provides the basis for computing the 

11 amount of an annuity payable to a former spouse 

12 under paragraph (3) of this subsection.’’. 

13 (2) EFFECTIVE DATE.—The amendments made 

14 by paragraph (1) shall apply with respect to sur15 vivors of persons eligible to elect reserve-component 

16 annuity retirement-eligible members who die on or 

17 after the date of enactment of this Act. 

18 SEC. 630. SURVIVOR BENEFIT PLAN; FINANCIAL RESPONSI19 BILITY FOR SURVIVOR BENEFIT PLAN PAR20 TICIPATION. 

21 (a) SPOUSE AND FORMER SPOUSE ANNUITIES.—Sec22 tion 1452(a) of title 10, United States Code, is amended— 

23 (1) in paragraph (1), by inserting ‘‘paragraph 

24 (6) of this subsection or’’ after ‘‘Except as provided 

25 in’’; and 


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

2 paragraph: 

3 ‘‘(6) COURT ORDER.—If a court order requires 

4 the former spouse to pay all or a part of the costs 

5 associated with providing an annuity to the former 

6 spouse, the participant’s retired pay shall not be re7 duced by the portion that the former spouse is re8 quired to pay. The portion of Plan costs that a 

9 former spouse is required to pay pursuant to a 

10 Court order under this paragraph must either be 

11 paid by direct remittance or as a deduction from the 

12 former spouses share of the member’s retired pay 

13 that is received by direct payment pursuant to sec14 tion 1408 of this title.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 this section shall apply with respect to divorces, dissolu17 tions, annulments, or legal separations that become effec18 tive after the end of the 90-day period beginning on the 

19 date of enactment of this Act. 

20 SEC. 631. SURVIVOR BENEFIT PLAN; PRESUMPTIVE PRO21 PORTIONATE SHARE. 

22 (a) PRESUMPTIVE BASE AMOUNT FOR FORMER

23 SPOUSE.—Section 1447(6) of title 10, United States 

24 Code, is amended by adding at the end the following new 

25 subparagraph: 


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1 ‘‘(D) PRESUMPTIVE PROPORTIONATE

2 AMOUNT FOR FORMER SPOUSE.—In the case of 

3 an annuity provided under the Plan for a 

4 former spouse, unless otherwise agreed to by 

5 the member and former spouse or ordered by a 

6 court, such term means any amount of monthly 

7 retired pay, which is not less than $300, pay8 able to such former spouse as a result of a 

9 court treating disposable retired pay of a mem10 ber as the property of the member and his 

11 spouse under the authority of section 1408(c).’’. 

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

13 this section shall apply with respect to divorces, dissolu14 tions, annulments, and legal separations that become ef15 fective after the end of the 90-day period beginning on 

16 the date of enactment of this Act. 

17 Subtitle D—Commissary and Non18 appropriated Fund Instrumen19 tality Benefits 

20 SEC. 641. CONTINUATION OF COMMISSARY AND EXCHANGE 

21 PRIVILEGES. 

22 Section 1146 of title 10, United States Code is 

23 amended— 

24 (1) by inserting ‘‘, or a member of the Selected 

25 Reserve of the Ready Reserve who is involuntarily 


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1 separated from the Selected Reserve due to force 

2 shaping requirements directed by the Secretary of 

3 the military department concerned,’’ after ‘‘active 

4 duty’’ the first place it appears; and 

5 (2) by striking ‘‘October 1, 1990, and ending 

6 on December 31, 2001’’ and inserting ‘‘October 1, 

7 2007, and ending on December 31, 2012’’. 

8 Subtitle E—Other Matters 

9 SEC. 651. CHANGE IN THE DEFINITION OF SEA DUTY FOR 

10 CAREER SEA PAY TO INCLUDE MULTI-CREW 

11 SHIPS. 

12 Section 305a(e)(1)(A) of title 37, United States 

13 Code, is amended— 

14 (1) by striking ‘‘or’’ at the end of clause (ii); 

15 and 

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

17 clause: 

18 ‘‘(iv) while serving as an off-cycle 

19 crewmember of a multi-crewed ship; or’’. 

20 SEC. 652. ESTABLISHMENT OF ARMY INCENTIVE FUND. 

21 (a) ESTABLISHMENT OF FUND.—Part II of subtitle 

22 B of title 10, United States Code, is amended by adding 

23 at the end the following new chapter: 


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1 ‘‘CHAPTER 376—FUND FOR PAYMENT OF 

2 INCENTIVES AND BONUSES 

‘‘Sec. 

‘‘4101. Fund for payment of incentives and bonuses. 

3 ‘‘§ 4101. Fund for payment of incentives and bonuses 

4 ‘‘(a) ESTABLISHMENT OF FUND.—There is estab5 lished on the books of the Treasury a fund to be known 

6 as the Army Incentive Fund (hereinafter in this section 

7 referred to as the ‘Fund’), which shall be administered by 

8 the Secretary of the Treasury. The Fund shall be used 

9 for the accumulation of funds in order to finance on an 

10 actuarially sound basis Army bonus and incentive liabil11 ities that have been specifically authorized by law to be 

12 paid from the Fund. 

13 ‘‘(b) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘specifically authorized Army 

15 bonus and incentive liabilities’ means liabilities of 

16 the Department of the Army for a bonus or incen17 tive under— 

18 ‘‘(A) chapter 5 of title 37, that is specifi19 cally authorized by law to be paid from the 

20 Fund; or 

21 ‘‘(B) section 681 of the National Defense 

22 Authorization Act for Fiscal Year 2006 (Public 

23 Law 109–163). 


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1 ‘‘(2) The term ‘normal cost’, with respect to 

2 any period of time, means the present value of fu3 ture bonuses and incentives payable to persons who 

4 during such period qualify for a bonus or incentive 

5 authorized by law to be paid from the Fund. 

6 ‘‘(c) ASSETS OF THE FUND.—There shall be depos7 ited into the Fund the following, which shall constitute 

8 the assets of the Fund: 

9 ‘‘(1) Amounts paid into the Fund under sub10 section (g). 

11 ‘‘(2) Any amount appropriated directly to the 

12 Fund. 

13 ‘‘(3) Any return on investment of the assets of 

14 the Fund. 

15 ‘‘(d) PAYMENTS FROM THE FUND.—The Secretary 

16 of the Treasury shall transfer from the Fund to the Sec17 retary of the Army only such amounts as are necessary 

18 to enable the Secretary to make required payments of spe19 cifically authorized Army bonus and incentive liabilities, 

20 as defined in subsection (b)(1). The Secretary of the 

21 Treasury and the Secretary of the Army shall enter into 

22 an agreement as to how and when, and the amounts in 

23 which, such transfers shall be made. Except for invest24 ments under subsection (h), amounts in the Funds may 


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1 not be used for any purpose other than transfers described 

2 in this subsection. 

3 ‘‘(e) BOARD OF ACTUARIES.—The Board of Actu4 aries established under section 2006(e) of this title (here5 inafter in this section referred to as the ‘Board’) shall re6 port to the Secretary of Defense annually on the actuarial 

7 status of the Fund and shall furnish its advice and opinion 

8 on matters referred to it by the Secretary. 

9 ‘‘(f) DETERMINATIONS OF CONTRIBUTIONS TO THE

10 FUND.—(1) The Secretary of Defense shall carry out peri11 odic actuarial valuations of any program for a bonus or 

12 incentive authorized to be paid from the Fund. 

13 ‘‘(2) Based on the most recent such valuation, the 

14 Secretary of Defense shall estimate the normal cost for 

15 such program for the next fiscal year. 

16 ‘‘(3) At the time of such evaluation, the Secretary 

17 of Defense shall make determinations for such program 

18 in the same manner, as far as practicable, as determina19 tions are made under paragraphs (3) and (4) of section 

20 2006(f) of this title. 

21 ‘‘(4) Based on the determinations under paragraphs 

22 (2) and (3), the Secretary of Defense shall determine the 

23 amount needed to be appropriated to the Department of 

24 the Army for the next fiscal year for payments to be made 

25 to the Fund under subsection (g). 


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1 ‘‘(5) All determinations under this subsection shall be 

2 made using methods and assumptions approved by the 

3 Board (including assumptions of interest rates) and in ac4 cordance with generally accepted actuarial principles and 

5 practices. 

6 ‘‘(g) PAYMENTS INTO THE FUND.—(1) The Sec7 retary of the Army shall pay into the Fund each month 

8 the amount that, based upon the most recent actuarial 

9 valuation of a program for a bonus or incentive authorized 

10 to be paid from the Fund, is equal to the normal cost 

11 for the program for the preceding month. 

12 ‘‘(2) The Secretary of the Army shall pay into the 

13 Fund at the beginning of each fiscal year (or as soon 

14 thereafter as appropriations are available for such pur15 pose) an amount, if any, for the amortization of any liabil16 ity to the Fund, or actuarial gain or loss to the Fund, 

17 related to the determinations made under subsection 

18 (f)(3). 

19 ‘‘(3) Amounts paid into the Fund under this section 

20 shall be paid from appropriations available for the pay of 

21 members of the Army. 

22 ‘‘(h) INVESTMENTS OF ASSETS OF THE FUND.—The 

23 Secretary of the Army may request the Secretary of the 

24 Treasury to invest such portion of the fund as is not, in 

25 the judgment of the Secretary of the Army, required to 


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1 meet current withdrawals. Such investments shall be made 

2 by the Secretary of the Treasury in public debt securities 

3 with maturities suitable to the needs of the fund, as deter4 mined by the Secetary of the Army, and bearing interest 

5 at a rate determined by the Secretary of the Treasury, 

6 taking into consideration current market yields on out7 standing marketable obligations of the United States of 

8 comparable maturity. 

9 ‘‘(i) TRANSFER OF FUNDS AFTER TERMINATION.— 

10 If the use of the Fund is terminated, as determined by 

11 the Secretary of the Army, and the amount in the Fund 

12 is in excess of all liabilities for future payments for bo13 nuses and incentives for which funds were transferred into 

14 the Fund, the amount by which the amount in the Fund 

15 exceeds the liabilities may be transferred to the appropria16 tion that is available for the pay of members of the Army 

17 at the time of the transfer.’’. 

18 (b) CLERICAL AMENDMENTS.—The tables of chap19 ters for part II of subtitle B of such title is amended by 

20 adding at the end the following new item: 

‘‘376. Fund for Payment of Incentives and Bonuses ............................... 4101.’’. 

21 SEC. 653. EXPANSION OF SELECTED RESERVE EDUCATION 

22 LOAN REPAYMENT PROGRAM. 

23 (a) ADDITIONAL LOANS ELIGIBLE FOR REPAY24 MENT.—Paragraph (1) of section 16301(a) of title 10, 

25 United States Code, is amended— 


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1 (1) by striking ‘‘or’’ at the end of subparagraph 

2 (B) 

3 (2) by striking the period at the end of sub4 paragraph (C) and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(D) any loan incurred for educational 

8 purposes made by a lender that is— 

9 ‘‘(i) an agency or instrumentality of a 

10 State; 

11 ‘‘(ii) a financial or credit institution 

12 (including an insurance company) that is 

13 subject to examination and supervision by 

14 an agency of the United States or any 

15 State; 

16 ‘‘(iii) a pension fund approved by the 

17 Secretary for purposes of this section; or 

18 ‘‘(iv) a nonprofit private entity des19 ignated by a State, regulated by such 

20 State, and approved by the Secretary for 

21 purposes of this section.’’. 

22 (b) ELIGIBILITY OF OFFICERS.—Paragraph (2) of 

23 such section is amended— 


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1 (1) by striking ‘‘Except as provided in para2 graph (3), the Secretary’’ and inserting ‘‘The Sec3 retary’’; and 

4 (2) by striking ‘‘an enlisted member of the Se5 lected Reserve of the Ready Reserve of an armed 

6 force in a reserve component and military specialty’’ 

7 and inserting ‘‘a member of the Selected Reserve of 

8 the Ready Reserve of an armed force in a reserve 

9 component and officer program or military spe10 cialty’’. 

11 (c) CONFORMING AMENDMENTS.—Such section is 

12 further amended— 

13 (1) by striking paragraph (3); and 

14 (2) in the heading, by striking ‘‘ENLISTED

15 MEMBERS OF SELECTED RESERVE WITH CRIT16 ICAL SPECIALTIES’’ and inserting ‘‘MEMBERS OF

17 THE SELECTED RESERVE’’. 

18 (d) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 1609 of such title is amended 

20 by striking the item relating to section 16301 and insert21 ing the following new item: 

‘‘16301. Education loan repayment program: members of the Selected Reserve.’’. 


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1 SEC. 654. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN 

2 NATIONAL GUARD DUTY. 

3 Section 4312(c)(4) of title 38, United States Code, 

4 is amended— 

5 (1) by striking ‘‘or’’ at the end of subparagraph 

6 (D); 

7 (2) by striking the period at the end of sub8 paragraph (E) and inserting ‘‘; or’’; and 

9 (3) by adding at the end the following new sub10 paragraph: 

11 ‘‘(F) ordered to full-time National Guard 

12 duty under the provisions of section 502(f) of 

13 title 32 when the period of duty is designated 

14 by the Secretary of Defense as covered by this 

15 subparagraph.’’. 

16 SEC. 655. ALLOW MEMBER TO WAIVE NOTICE AND PROVIDE 

17 COURT ORDER UPON REQUEST. 

18 (a) ALLOW MEMBER TO WAIVE NOTICE AND PRO19 VIDE COURT ORDER UPON REQUEST.—Section 1408(g) 

20 of title 10, United States Code, is amended— 

21 (1) by striking ‘‘A person’’ and inserting ‘‘Un22 less notice is waived by the member, a person’’; and 

23 (2) by striking ‘‘(together with a copy of such 

24 order)’’ and inserting ‘‘and, upon request, a copy of 

25 such order’’. 


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

2 this section shall apply to court orders received by the Sec3 retary concerned after the end of the 90-day period begin4 ning on the date of enactment of this Act. 

5 SEC. 656. DISREGARD PERIODS OF CONFINEMENT FOR DE6 PENDENT VICTIMS OF ABUSE. 

7 (a) DISREGARD PERIODS OF CONFINEMENT FOR DE8 PENDENT VICTIMS OF ABUSE.—Paragraph (2)(A) of sec9 tion 1408(h) of title 10, United States Code, is amended 

10 by inserting ‘‘(including any periods of confinement served 

11 prior to convening authority action on the record of trial 

12 related to the misconduct that resulted in the termination 

13 of eligibility to receive retired pay)’’ after ‘‘on the basis 

14 of years of service’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall be effective as of October 23, 1992, 

17 as if included in section 1408(h) of title 10, United States 

18 Code, as enacted by section 653(a)(2) of the National De19 fense Authorization Act for Fiscal Year 1993 (Public Law 

20 102–484). 


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1 SEC. 657. CLARIFYING AMENDMENT REGARDING JURISDIC2 TION FOR PURPOSES OF ALLOCATION OF RE3 TIRED PAY UNDER THE UNIFORMED SERV4 ICES FORMER SPOUSE PROTECTION ACT. 

5 Section 1408(c) of title 10, United States Code, is 

6 amended by striking paragraph (4). 

7 SEC. 658. OVERSEAS NATURALIZATION OF MILITARY FAM8 ILY MEMBERS. 

9 (a) Section 319 of the Immigration and Nationality 

10 Act (8 U.S.C. 1430) is amended by adding at the end the 

11 following new subsection: 

12 ‘‘(e) In the case of a person lawfully admitted for per13 manent residence who is the spouse or child of a member 

14 of the Armed Forces authorized to accompany such mem15 ber and reside abroad with the member pursuant to the 

16 member’s official orders, and who is so accompanying and 

17 residing with the member (in marital union if a spouse), 

18 such residence and physical presence abroad shall be treat19 ed as residence and physical presence in any State or dis20 trict of the Department of Homeland Security in the 

21 United States for the purpose of satisfying the require22 ments of this section or sections 316 or 322 of this Act 

23 for naturalization, and for the purpose of satisfying sec24 tion 101(a)(13)(C)(i) or (ii) of this Act.’’. 

25 (b) OVERSEAS NATURALIZATION AUTHORITY.—Sec26 tion 1701(d) of the National Defense Authorization Act 


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1 for Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 

2 1443a) is amended by inserting ‘‘, and persons eligible for 

3 naturalization under section 319(e) of the Immigration 

4 and Nationality Act,’’ after ‘‘Armed Forces’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on the date of enactment of 

7 this Act and apply to any application pending before the 

8 Secretary of Homeland Security on or after the date of 

9 enactment. 

10 TITLE VII—HEALTH CARE 

11 PROVISIONS 

12 TRICARE Program Improvements 

13 SEC. 701. REVISING TRICARE PROGRAM COST SHARING 

14 AMOUNTS. 

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

16 States Code, is amended by adding at the end the fol17 lowing new paragraph: 

18 ‘‘(5) Notwithstanding paragraphs (1) through 

19 (4), the Secretary of Defense shall promulgate regu20 lations to revise the requirements for payments by 

21 beneficiaries under this subsection in order to reflect 

22 increases in health care costs. Such requirements, 

23 which may include a revised deductible amount, an 

24 enrollment fee, and future indexing, need not be uni25 form for all such beneficiaries. Any such enrollment 


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1 fee may be a condition of eligibility for health care 

2 benefits under chapter 55 of this title.’’. 

3 (b) IMPLEMENTATION.—The Secretary of Defense 

4 shall promulgate the regulations required by section 

5 1086(b)(5) of title 10, United States Code, as added by 

6 subsection (a), after first considering the recommenda7 tions of the Task Force on the Future of Military Health 

8 Care regarding the beneficiary and Government cost shar9 ing structure required to sustain military health benefits 

10 over the long term, as required by subsections (c)(3)(H) 

11 and (e)(1) of section 711 of the John Warner National 

12 Defense Authorization Act for Fiscal Year 2007 (Public 

13 Law 109–364; 120 Stat. 2285). The regulations shall be14 come effective not later than 90 days after the date of 

15 enactment of this Act. The Secretary shall submit the reg16 ulations, and a report describing the rationale for the 

17 changes promulgated, to the Committees on Armed Serv18 ices of the Senate and House of Representatives at least 

19 30 days before such regulations become effective. 

20 SEC. 702. EXCLUSION OF SURROGACY MATERNITY AND IN21 FANT CARE. 

22 (a) IN GENERAL.—Chapter 55 of title 10, United 

23 States Code, is amended by inserting after section 1074k 

24 the following new section: 


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1 ‘‘§ 1074l. Exclusion of surrogacy maternity and infant 

2 care 

3 ‘‘(a) IN GENERAL.—Health care services, including 

4 pre-natal care, maternity care, and newborn infant care, 

5 arising from a surrogate pregnancy are excluded under 

6 this chapter. 

7 ‘‘(b) EMERGENCY HEALTH CARE SERVICES.—Sub8 section (a) does not preclude the provision of emergency 

9 health care services in facilities of the uniformed services 

10 on a reimbursable basis. 

11 ‘‘(c) DEFINITION.—As used in this section, the term 

12 ‘surrogate pregnancy’ means a pregnancy in which a fer13 tile woman who is not the wife of the sperm donor agrees, 

14 whether or not for a fee, to be impregnated for the purpose 

15 of carrying to term a child to be surrendered to the care 

16 of the sperm donor and his wife or to any other person 

17 or persons.’’. 

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

19 at the beginning of such chapter is amended by inserting 

20 after the item related to section 1074k the following new 

21 item: 

‘‘1074l. Exclusion of surrogacy maternity and infant care.’’. 


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1 SEC. 703. SUSPENSION OF HEALTH CARE ELIGIBILITY FOR 

2 FRAUD. 

3 (a) IN GENERAL.—Section 1073 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new subsection: 

6 ‘‘(c) SUSPENSION OF HEALTH CARE ELIGIBILITY

7 FOR FRAUD.—In the case of any covered beneficiary who 

8 knowingly makes or causes to be made or conspires, aids, 

9 or assists in, agrees to, arranges for, or in any way pro10 cures the making or presentation of a false or fraudulent 

11 affidavit, declaration, certificate, statement, voucher, or 

12 paper (including by electronic means) concerning any 

13 claim for benefits for such covered beneficiary or his or 

14 her dependent under this chapter, the Secretary may at 

15 his option, notwithstanding any other provision of this 

16 chapter, limit, restrict, or suspend the eligibility under this 

17 chapter of that covered beneficiary for such period, not 

18 exceeding five years, as the Secretary deems appropriate. 

19 The Secretary shall, after consultation with the other ad20 ministering Secretaries, establish by regulation proce21 dures, including notice and opportunity for a hearing, for 

22 the implementation of this subsection.’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a) shall take effect 90 days after enactment 

25 of this Act. 


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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. UNIFIED COMBATANT COMMAND FOR JOINT 

8 WARFIGHTING EXPERIMENTATION: ACQUISI9 TION AUTHORITY. 

10 Section 167a of title 10, United States Code, is 

11 amended— 

12 (1) in subsection (a), by striking ‘‘and acquire’’ 

13 and inserting ‘‘, acquire and sustain’’; and 

14 (2) by striking subsection (f). 

15 SEC. 802. LIMITED AUTHORIZATION TO ACQUIRE ITEMS 

16 PRODUCED IN IRAQ OR AFGHANISTAN FOR 

17 USE BY IRAQI OR AFGHANI FORCES. 

18 Notwithstanding any other provision of law, the head 

19 of the contracting activity in Iraq or Afghanistan may au20 thorize the use of funds appropriated or otherwise made 

21 available to the Department of Defense for the procure22 ment of any article or item covered by subparagraphs (B) 

23 through (E) of section 2533a(b)(1) of title 10, United 

24 States Code, that is grown, reprocessed, reused, or pro25 duced outside the United States, provided that: 


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1 (1) such procurement is conducted in Iraq or 

2 Afghanistan in support of contingency operations; 

3 (2) such article or item is grown, reprocessed, 

4 reused, or produced in Iraq or Afghanistan; 

5 (3) such article or item is to be used only by 

6 the military forces, police, or other security per7 sonnel of the nation of Iraq or Afghanistan; and 

8 (4) offers are requested from as many potential 

9 sources as is practicable under the circumstances. 

10 SEC. 803. AUTHORITY TO USE SIMPLIFIED ACQUISITION 

11 PROCEDURES FOR CERTAIN COMMERCIAL 

12 ITEMS. 

13 Section 4202 of the Clinger Cohen Act (division D 

14 of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 

15 note) is amended by striking subsection (e). 

16 SEC. 804. MINIMUM ANNUAL PURCHASE FOR CIVIL RE17 SERVE AIR FLEET CONTRACTS. 

18 (a) IN GENERAL.—Chapter 931 of title 10, United 

19 States Code, is amended by adding at the end the fol20 lowing new section: 

21 ‘‘§ 9515. Minimum annual purchase for Civil Reserve 

22 Air Fleet contracts 

23 ‘‘(a) IN GENERAL.—The Secretary of Defense is au24 thorized to award to air carriers or air carrier teaming 

25 arrangements (carriers) participating in the Civil Reserve 


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1 Air Fleet (CRAF) program annual airlift contracts with 

2 a minimum purchase amount determined in accordance 

3 with this section. 

4 ‘‘(b) MINIMUM ANNUAL CONTRACT AWARDS.—Such 

5 contract minimum purchase amount shall be based on 

6 forecast needs but may not be for more than eighty per7 cent of the annual average expenditures of airlift for the 

8 prior 5-year period. Unusually high demand years, such 

9 as during a conflict, will normally be omitted to obtain 

10 a more accurate forecast. Award amounts shall be divided 

11 among said carriers proportional to their relative commit12 ments to the CRAF program. 

13 ‘‘(c) DISTRIBUTION OF AMOUNTS.—Should any of 

14 the amounts set aside for the annual minimum airlift pur15 chase not be utilized to purchase actual transportation 

16 from a carrier to whom said contract is awarded, such re17 mainder must be transferred to the carrier; however, pro18 portional adjustment shall be made for periods when serv19 ices from the carrier were unavailable for usage by the 

20 Department of Defense, such as refused business, sus21 pended operations, or when the air carrier is placed in 

22 non-use status pursuant to section 2640 of this title for 

23 safety issues. If the cumulative annual purchases of actual 

24 transportation services exceed the minimum annual conVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 tract amount for a carrier, no additional amount will be 

2 transferred. 

3 ‘‘(d) MERGER OF FUNDS.—Amounts available to the 

4 military departments for transportation equal to the pro5 portional share of usage by each military department shall 

6 be transferred to the transportation working capital fund 

7 to fund the award of said contracts. Each military depart8 ment shall be entitled to obtain transportation of equal 

9 value or transfer that entitlement to other military depart10 ments or Department of Defense units. Such transferred 

11 value shall be merged with the appropriations of the re12 ceiving unit.’’. 

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

14 at the beginning of such chapter is amended by adding 

15 at the end the following new item: 

‘‘9515. Minimum annual purchase for Civil Reserve Air Fleet contracts.’’. 

16 SEC. 805. STREAMLINE JURISDICTION OVER GOVERNMENT 

17 CONTRACT CLAIMS, DISPUTES AND APPEALS 

18 ARISING OUT OF MARITIME CONTRACTS. 

19 Section 4 of the Contract Disputes Act of 1978 (41 

20 U.S.C. 603) is amended to read as follows: 

21 ‘‘SEC. 4. Appeals under subsection (g) of section 8 

22 and suits under section 10 arising out of maritime con23 tracts shall be governed exclusively by this Act.’’. 


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1 SEC. 806. REVISIONS TO REQUIRED RECEIPT OBJECTIVES 

2 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

3 FROM THE NATIONAL DEFENSE STOCKPILE. 

4 (a) FISCAL YEAR 2000 DISPOSAL AUTHORITY.— 

5 Paragraph (5) of section 3402(b) of the National Defense 

6 Authorization Act for Fiscal Year 2000 (Public Law 106– 

7 65; 50 U.S.C. 98d note), as amended by section 3302 of 

8 the National Defense Authorization Act for Fiscal Year 

9 2006 (Public Law 109–163; 119 Stat. 3546), is amended 

10 by striking ‘‘$600,000,000 before’’ and inserting 

11 ‘‘$730,000,000 by’’. 

12 (b) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Sec13 tion 3303(a) of the Strom Thurmond National Defense 

14 Authorization Act for Fiscal Year 1999 (Public Law 105– 

15 261; 50 U.S.C. 98d note), as amended by section 3302(a) 

16 of the John Warner National Defense Authorization Act 

17 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

18 2513), is amended by striking ‘‘$1,016,000,000’’ in para19 graph (7) and inserting ‘‘$1,469,102,000’’. 


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1 Subtitle B—Amendments to Gen2 eral Contracting Authorities, 

3 Procedures, and Limitations 

4 SEC. 811. REPEALING THE SUNSET PROVISION OF THE AC5 QUISITION WORKFORCE TRAINING FUND. 

6 Section 37(h)(3) of the Office of Federal Procure7 ment Policy Act (41 U.S.C. 433(h)(3)) is striking sub8 paragraph (H). 

9 SEC. 812. REVITALIZATION OF DEPARTMENT OF DEFENSE 

10 LABORATORIES. 

11 (a) LABORATORY REVITALIZATION.—Section 2805 of 

12 title 10, United States Code, is amended— 

13 (1) by redesignating subsection (d) as sub14 section (e); and 

15 (2) by inserting after subsection (c) the fol16 lowing new subsection (d): 

17 ‘‘(d) LABORATORY REVITALIZATION.—(1) For the 

18 revitalization and recapitalization of laboratories owned by 

19 the United States and under the jurisdiction of the Sec20 retary concerned, the Secretary may spend from appro21 priations available— 

22 ‘‘(A) for operation and maintenance amounts 

23 necessary to carry out an unspecified minor military 

24 construction project costing not more than 

25 $2,000,000; or 


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1 ‘‘(B) for military construction not otherwise au2 thorized by law amounts necessary to carry out an 

3 unspecified minor military construction project cost4 ing not more than $5,000,000. 

5 ‘‘(2) For projects conducted pursuant to this sub6 section, $2,000,000 shall be the amount applied for pur7 poses of subsection (b)(1). 

8 ‘‘(3) For purposes of this subsection, the term ‘lab9 oratory’ includes— 

10 ‘‘(A) a research, engineering, and development 

11 center; 

12 ‘‘(B) a test and evaluation activity; and 

13 ‘‘(C) any buildings, structures, or facilities lo14 cated at and supporting such centers or activities. 

15 ‘‘(4) For purposes of this subsection, the 

16 amounts allowed to be applied in any one fiscal year 

17 to projects at any one laboratory shall be limited in 

18 size to the larger of the amounts applicable as set 

19 forth in subsection (d)(1).’’. 

20 (b) STYLISTIC AMENDMENTS.—Such section is fur21 ther amended— 

22 (1) in subsection (a), by inserting ‘‘MILITARY

23 CONSTRUCTION FUNDING.—’’ after ‘‘(a)’’; 

24 (2) in subsection (b), by inserting ‘‘NOTIFICA25 TIONS.—’’ after ‘‘(b)’’; 


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1 (3) in subsection (c), by inserting ‘‘OPERATION

2 AND MAINTENANCE FUNDING.—’’ after ‘‘(c)’’; and 

3 (4) in subsection (e), as redesignated by sub4 section (a)(1), by inserting ‘‘LIMITATIONS.—’’ after 

5 ‘‘(e)’’. 

6 SEC. 813. EXTENSION OF THE AUTHORITY TO CARRY OUT 

7 CERTAIN PROTOTYPE PROJECTS. 

8 Section 845(i) of the National Defense Authorization 

9 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amend10 ed by striking ‘‘September 30, 2008’’ and inserting ‘‘Sep11 tember 30, 2013’’. 

12 SEC. 814. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS 

13 OF AIRCRAFT UNDER CONTRACT WITH THE 

14 ARMED FORCES. 

15 (a) AMENDMENT TO DEFINITION.—Section 

16 40102(a)(41)(E) of title 49, United States Code, is 

17 amended— 

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

19 service’’ after ‘‘transportation’’; and 

20 (2) by adding at the end the following new sen21 tence: ‘‘For purposes of this paragraph, ‘an oper22 ational support service’ means a mission performed 

23 by an air operator that uses fixed or rotary winged 

24 aircraft to provide a service other than transpor25 tation.’’. 


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1 (b) ARMED FORCES OPERATIONAL MISSION.—Sec2 tion 40125(c) of such title is amended— 

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

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

5 and 

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

7 paragraph: 

8 ‘‘(3) COMPLIANCE OF CIVIL AIRCRAFT OPER9 ATIONS.—If the Secretary of Defense (or the Sec10 retary of the department in which the Coast Guard 

11 is operating) does not make a designation under 

12 paragraph (1)(C) with regard to a chartered air13 craft, the transportation or operational support serv14 ice provided to the armed forces by such aircraft 

15 must be in compliance with the Federal Aviation 

16 Regulations under title 14, Code of Federal Regula17 tions.’’. 

18 (c) TECHNICAL CORRECTIONS.— 

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

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

21 and inserting ‘‘40102(a)(41)’’. 

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

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

24 and inserting ‘‘40102(a)(41)(E)’’. 


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1 SEC. 815. EXTENDING THE DETERMINATION OF SHORTAGE 

2 CATEGORY POSITIONS FOR CERTAIN FED3 ERAL ACQUISITION POSITIONS. 

4 Section 1413(b) of the National Defense Authoriza5 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

6 Stat. 1665), is amended by striking ‘‘September 30, 

7 2007’’ and inserting ‘‘September 30, 2012’’. 

8 SEC. 816. MULTIYEAR PROCUREMENT AUTHORITY FOR 

9 ELECTRICITY FROM RENEWABLE ENERGY 

10 SOURCES. 

11 (a) IN GENERAL.—Section 2410o(a) of title 10, 

12 United States Code, is amended— 

13 (1) by striking ‘‘and hydrazine-related prod14 ucts’’ and inserting ‘‘hydrazine-related products, and 

15 electricity from renewable energy sources which in16 clude, but are not limited to solar, wind, biomass, 

17 landfill gas, ocean (including tidal, wave, current 

18 and thermal), geothermal, municipal solid waste or 

19 new hydroelectric generation capacity achieved from 

20 increased efficiency at hydroelectric projects’’; and 

21 (2) by inserting before the period at the end the 

22 following: ‘‘or in the best interests of the United 

23 States’’. 

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

25 such section is amended to read as follows: 


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1 ‘‘§ 2410o. Multiyear procurement authority: purchase 

2 of dinitrogen tetroxide, hydrazine, hydra3 zine-related products, and electricity 

4 from renewable energy’’. 

5 (2) The table of sections at the beginning of 

6 chapter 141 of such title is amended by striking the 

7 item relating to section 2410o and inserting the fol8 lowing new item: 

‘‘2410o. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydrazine, hydrazine-related products, and electricity from renewable energy.’’. 

9 SEC. 817. EXEMPTION FOR SPECIAL OPERATIONS COM10 MAND. 

11 (a) EXEMPTION.—Chapter 6 of title 10, United 

12 States Code, is amended by inserting after section 167a 

13 the following new section: 

14 ‘‘§ 167b. Exemption for the commander of the United 

15 States Special Operations Command 

16 ‘‘Pursuant to section 167 of this title, the commander 

17 of the special operations command is responsible for, and 

18 has the authority to conduct all affairs of, such command 

19 relating to special operations activities. The commander 

20 of the special operations command may carry out his func21 tions under section 167 without regard to sections 2401, 

22 et seq., of this title if the Secretary of Defense makes a 

23 determination that carrying out such functions in such 

24 manner is required for national security interests.’’. 


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

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘167b. Exemption for the commander of the United States Special Operations 

Command.’’. 

4 Subtitle C—Other Matters 

5 SEC. 821. APPLICABILITY OF STATUTORY EXECUTIVE COM6 PENSATION CAP MADE PROSPECTIVE. 

7 Section 808(e)(2) of the National Defense Authoriza8 tion Act for Fiscal Year 1998 (Public Law 105–85; 111 

9 Stat. 1838; 41 U.S.C. 435) is amended by striking ‘‘be10 fore, on,’’ and inserting ‘‘on’’. 

11 SEC. 822. AUTHORITY TO APPOINT AN ACTING CHAIR FOR 

12 THE COST ACCOUNTING STANDARDS BOARD. 

13 Paragraph (1) of section 26(a) of the Office of Fed14 eral Procurement Policy Act (41 U.S.C. 422(a)(1)) is 

15 amended by striking ‘‘The Board shall consist of 5 mem16 bers, including the Administrator, who shall serve as 

17 Chairman, and 4 members, all of whom shall have experi18 ence in Government contract cost accounting, and who 

19 shall be appointed as follows:’’ and inserting ‘‘The Board 

20 shall consist of the Chair and 4 other members. The Chair 

21 shall be the Administrator. However, for those time peri22 ods in which the Administrator position is vacant, the Di23 rector of the Office of Management and Budget may ap24 point an employee of the Office of Management and BudgVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 et to serve as Chair. The 4 other members, all of whom 

2 shall have experience in Government contract cost ac3 counting, shall be appointed as follows:’’. 

4 SEC. 823. SMALL BUSINESS INNOVATION RESEARCH 

5 AWARDS; USE OF PROGRAM FUNDS FOR AD6 MINISTRATIVE COSTS. 

7 Section 9 of the Small Business Act (15 U.S.C. 638) 

8 is amended— 

9 (1) in subsection (f)(2)(A), by striking ‘‘any’’ 

10 and inserting ‘‘more than 3.0 percent’’; and 

11 (2) in subsection (n)(2)(A), by striking ‘‘any’’ 

12 and inserting ‘‘more than 3.0 percent’’. 

13 SEC. 824. SMALL BUSINESS INNOVATION RESEARCH PRO14 GRAM; DISCRETIONARY TECHNICAL ASSIST15 ANCE. 

16 Section 9(q)(3) of the Small Business Act (15 U.S.C. 

17 638(q)(3)) is amended— 

18 (1) in subparagraph (A), by striking ‘‘$4,000’’ 

19 and inserting ‘‘$5,000’’; and 

20 (2) by amending subparagraph (B) to read as 

21 follows: 

22 ‘‘(B) SECOND PHASE.—Each agency re23 ferred to in paragraph (1) may provide directly, 

24 or authorize any second phase SBIR award re25 cipient to purchase with funds available from 


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1 their SBIR awards, services described in para2 graph (1), in an amount equal to not more than 

3 $8,000 per year, per award.’’. 

4 TITLE IX—DEPARTMENT OF DE5 FENSE ORGANIZATION AND 

6 MANAGEMENT 

7 Subtitle A—Department of Defense 

8 Management 

9 SEC. 901. DEPARTMENT OF DEFENSE BOARD OF ACTU10 ARIES. 

11 (a)(1) ESTABLISHMENT.—There is established in the 

12 Department of Defense a Department of Defense Board 

13 of Actuaries (hereinafter in this section referred to as the 

14 ‘‘Board’’). The Board shall consist of three members who 

15 shall be appointed by the President from among qualified 

16 professional actuaries who are members of the Society of 

17 Actuaries. 

18 (2)(A) Except as provided in subparagraph (B), the 

19 members of the Board shall serve for a term of 15 years, 

20 except that a member of the Board appointed to fill a va21 cancy occurring before the end of the term for which his 

22 predecessor was appointed shall only serve until the end 

23 of such term. A member may serve after the end of his 

24 term until his successor has taken office. A member of 

25 the Board may be removed by the President. 


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1 (B) The three current members of the Department 

2 of Defense Retirement Board of Actuaries and the De3 partment of Defense Education Benefits Board of Actu4 aries shall serve the remainder of their existing terms as 

5 members of the Board pursuant to subparagraph (A). 

6 (C) A member of the Board who is not otherwise an 

7 employee of the United States is entitled to receive pay 

8 at the daily equivalent of the annual rate of basic pay of 

9 the highest rate of basic pay then currently being paid 

10 under the General Schedule of subchapter III of chapter 

11 53 of title 5, United States Code, for each day the member 

12 is engaged in the performance of duties vested in the 

13 Board and is entitled to travel expenses, including a per 

14 diem allowance, in accordance with section 5703 of title 

15 5. 

16 (b) REPORT.—The Board shall report to the Sec17 retary of Defense annually on the actuarial status of the 

18 Department of Defense Military Retirement Fund estab19 lished by section 1461 of title 10, United States Code, and 

20 the Department of Defense Education Benefits Fund es21 tablished by section 2006 of title 10, and shall furnish 

22 its advice and opinion on matters referred to it by the Sec23 retary. 


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1 (c) RECORDS.—The Secretary shall keep, or cause to 

2 be kept, such records as necessary for determining the ac3 tuarial status of the Funds. 

4 (d) DOD EDUCATION BENEFITS FUND.—The Board 

5 shall review valuations of the Department of Defense Edu6 cation Benefits Fund under section 2006(f) of title 10, 

7 United States Code, and shall recommend to the President 

8 and thereafter to the Congress such changes as in the 

9 Board’s judgment are appropriate and necessary to pro10 tect the public interest and maintain the Department of 

11 Defense Education Benefits Fund on a sound actuarial 

12 basis. 

13 (e) DOD MILITARY RETIREMENT FUND.—The 

14 Board shall review valuations of the Department of De15 fense Military Retirement Fund under section 1465(c) of 

16 title 10, United States Code, and shall report periodically, 

17 not less than once every four years, to the President and 

18 thereafter to the Congress on the status of the Depart19 ment of Defense Military Retirement Fund. The Board 

20 shall include in such report recommendations for such 

21 changes as in the Board’s judgment are appropriate and 

22 necessary to protect the public interest and maintain the 

23 Department of Defense Military Retirement Fund on a 

24 sound actuarial basis. 


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1 (f) REPEAL OF SUPERCEDED PROVISIONS.—(1) Sec2 tion 1464 of title 10, United States Code, is repealed. 

3 (2) Section 2006 of title 10 is amended by striking 

4 subsection (e). 

5 (g) CONFORMING AMENDMENTS.— 

6 (1) The table of sections at the beginning of 

7 chapter 74 of title 10, United States Code, is 

8 amended by striking the item relating to section 

9 1464. 

10 (2) Section 1175(h)(4) of such title is amended 

11 by striking ‘‘Retirement’’ the first place it appears. 

12 (3) Section 1460(b) of such title is amended by 

13 striking ‘‘Retirement’’. 

14 (4) Section 1466(c)(3) of such title is amended 

15 by striking ‘‘Retirement’’. 

16 (5) Section 12521(6) of such title is amended 

17 by striking ‘‘Department of Defense Education Ben18 efits Board of Actuaries referred to in section 

19 2006(e)(1) of this title’’ and inserting ‘‘Department 

20 of Defense Board of Actuaries’’. 

21 SEC. 902. LIMITATION ON MAJOR DEPARTMENT OF DE22 FENSE HEADQUARTERS ACTIVITIES PER23 SONNEL. 

24 Section 130a of title 10, United States Code, is 

25 amended— 


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1 (1) in subsection (c)(2), by striking ‘‘as Major 

2 DoD Headquarters Activities in accordance with De3 partment of Defense Directive 5100.73’’ and all that 

4 follows through the period at the end and inserting 

5 ‘‘in regulations prescribed by the Secretary of De6 fense.’’; and 

7 (2) by adding at the end the following new sub8 section: 

9 ‘‘(e) FLEXIBILITY IN ORDER TO ACHIEVE COST SAV10 INGS OR ELIMINATE CONTRACTS ASSOCIATED WITH IN11 HERENTLY GOVERNMENTAL FUNCTIONS.—If the Sec12 retary of a military department or the commander of a 

13 combatant command certifies to the Secretary of Defense 

14 that a waiver of the limitation in subsection (a) or a re15 allocation among the military departments or combatant 

16 commands of the number of personnel permissible under 

17 subsection (a) either shall result in a cost savings or is 

18 necessary to eliminate a contract associated with an inher19 ently governmental function (including cost savings or the 

20 elimination of a contract resulting from guidelines and 

21 procedures prescribed pursuant to section 343 of the Na22 tional Defense Authorization Act for Fiscal Year 2006 

23 (Public Law 109–163)), the Secretary of Defense shall 

24 waive such limitation or make such reallocation to the exVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 tent necessary to achieve the cost savings or to eliminate 

2 the contract.’’. 

3 SEC. 903. FLEXIBILITY TO ADJUST THE NUMBER OF ARMY 

4 DEPUTY CHIEFS OF STAFF AND ASSISTANT 

5 CHIEFS OF STAFF. 

6 Section 3035(b) of title 10, United States Code, is 

7 amended to read as follows: 

8 ‘‘(b) The Secretary of the Army shall prescribe the 

9 number of Deputy Chiefs of Staff and Assistant Chiefs 

10 of Staff, for a total of not more than eight positions.’’. 

11 SEC. 904. RECEIPTS FOR EMPLOYEES AND MILITARY MEM12 BERS OF THE DEPARTMENT OF DEFENSE. 

13 (a) IN GENERAL.—Chapter 53 of title 10, United 

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 1060c. Receipts for employees and military mem17 bers of the Department of Defense 

18 ‘‘Notwithstanding the provisions of section 6051 of 

19 title 26, and pursuant to regulations prescribed by the 

20 Secretary of Defense, all statements required by section 

21 6051 of title 26, and all periodic statements of leave and 

22 earnings, shall be furnished electronically to military mem23 bers and civilian employees of the Department of Defense. 

24 The Secretary of Defense shall ensure that those employ25 ees or military members without reliable access to elecVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 tronic media will receive the statements in another for2 mat.’’. 

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: 

‘‘1060c. Receipts for employees and military members of the Department of Defense.’’. 

6 SEC. 905. CENTERS FOR EXCELLENCE IN HUMAN RIGHTS. 

7 (a) ESTABLISHMENT.—The Secretary of Defense 

8 may operate Centers for Excellence in Human Rights. 

9 (b) MISSIONS.— 

10 (1) The Human Rights Centers shall be used to 

11 provide and facilitate education, training, research, 

12 and reform, and to develop programs to combat the 

13 growing phenomenon of trafficking in persons, and 

14 strategic planning for integrating respect for human 

15 rights into all aspects of military operations, doc16 trine, education, judicial systems, other internal con17 trol mechanisms, and relations with civil society. 

18 (2) The Human Rights Centers may sponsor 

19 conferences, symposia, seminars, academic ex20 changes, and courses, as well as special projects 

21 such as studies, reviews, design of curricula, and 

22 evaluations. 

23 (3) The Human Rights Centers will place spe24 cial emphasis on implementation of reforms that reVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 sult in measurable real world improvements pro2 viding effective security while respecting human 

3 rights. 

4 (4) The Centers may perform such other mis5 sions as the Secretary of Defense may specify. 

6 (c) JOINT OPERATION WITH EDUCATIONAL INSTITU7 TIONS AND NON-GOVERNMENTAL ORGANIZATIONS AU8 THORIZED.—The Secretary of Defense may enter into 

9 agreements with appropriate officials of institutions of 

10 higher education and non-governmental organizations to 

11 provide for joint operation of the Centers. Any such agree12 ments shall provide for the institution or organization to 

13 furnish necessary administrative services for the Centers, 

14 including administration and allocation of funds. 

15 (d) ACCEPTANCE OF DONATIONS.— 

16 (1) Except as provided in paragraph (2), the 

17 Secretary of Defense may accept, on behalf of the 

18 Centers, gifts and donations to be used to defray the 

19 costs of the Centers or to enhance the operation of 

20 the Centers. Such donations may be accepted from 

21 any State or local government, any foreign govern22 ment, any foundation or other charitable organiza23 tion (including any that is organized or operates 

24 under the laws of a foreign country), or any other 


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1 private source in the United States or a foreign 

2 country. 

3 (2) The Secretary may not accept a gift or do4 nation under paragraph (1) if the acceptance of the 

5 gift or donation would compromise or appear to 

6 compromise— 

7 (A) the ability of the Department of De8 fense, any employee of the Department, or 

9 members of the Armed Forces, to carry out any 

10 responsibility or duty of the Department in a 

11 fair and objective manner; or 

12 (B) the integrity of any program of the 

13 Department of Defense or of any person in14 volved in such a program. 

15 (3) The Secretary shall prescribe written guid16 ance setting forth the criteria to be used in deter17 mining whether or not the acceptance of a foreign 

18 gift or donation would have a result described in 

19 paragraph (2). 

20 (4) Funds accepted by the Secretary under 

21 paragraph (1) shall be credited to appropriations 

22 available to the Department of Defense for the Cen23 ters. Funds so credited shall be merged with the ap24 propriations to which credited and shall be available 


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1 for the Center for the same purposes and the same 

2 period as the appropriations with which merged. 

3 (e) GIFT OR DONATION DEFINED.—For purposes of 

4 this section, a gift or donation is a gift or donation of 

5 funds, materials (including research materials), property, 

6 or services (including lecture services and faculty services). 

7 (f) FORMULATION AND EXECUTION OF PROGRAMS.— 

8 (1) The Secretary of Defense may exercise the 

9 authorities of this section only with the concurrence 

10 of the Secretary of State. 

11 (2) The Secretaries of Defense and State shall 

12 jointly formulate any program or other activities un13 dertaken pursuant to the authority of this section. 

14 The Secretaries shall coordinate with one another, 

15 under procedures that they jointly establish, to en16 sure implementation of such programs and activities, 

17 including in a manner that incorporates appropriate 

18 vetting procedures, irrespective of the source of 

19 funding for the activity, and that avoids duplication 

20 with existing programs. 


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1 Subtitle B—Chemical 

2 Demilitarization Program 

3 SEC. 911. CHANGE IN TERMINATION REQUIREMENT FOR 

4 CHEMICAL DEMILITARIZATION CITIZENS’ AD5 VISORY COMMISSIONS. 

6 Section 172 of the National Defense Authorization 

7 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 

8 2341) is amended— 

9 (1) in subsections (b), (f), and (g), by striking 

10 ‘‘Assistant Secretary of the Army (Research, Devel11 opment, and Acquisition)’’ and inserting ‘‘Assistant 

12 Secretary of the Army (Acquisition, Logistics, and 

13 Technology)’’; and 

14 (2) in subsection (h), by striking ‘‘after the 

15 stockpile located in that commission’s State has been 

16 destroyed’’ and inserting ‘‘after closure activities re17 quired pursuant to regulations promulgated by the 

18 Administrator of the Environmental Protection 

19 Agency pursuant to the Solid Waste Disposal Act 

20 (42 U.S.C. 6901 et seq.) have been completed for 

21 the chemical agent destruction facility in the com22 mission’s State, or upon the request of the Governor 

23 of the commission’s State, whichever occurs first’’. 


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1 Subtitle C—Intelligence-Related 

2 Matters 

3 SEC. 921. REPEAL OF STANDARDS OF MANDATORY DIS4 QUALIFICATION FROM ELIGIBILITY FOR DE5 PARTMENT OF DEFENSE SECURITY CLEAR6 ANCE. 

7 Section 986 of title 10, United States Code, is re8 pealed. 

9 SEC. 922. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

10 STATES CODE, ARISING FROM ENACTMENT 

11 OF THE INTELLIGENCE REFORM AND TER12 RORISM PREVENTION ACT OF 2004. 

13 (a) REFERENCES TO HEAD OF INTELLIGENCE COM14 MUNITY.—Title 10, United States Code, is amended by 

15 striking ‘‘Director of Central Intelligence’’ each place it 

16 appears in the following provisions and inserting ‘‘Director 

17 of National Intelligence’’: 

18 (1) Section 192(c)(2). 

19 (2) Section 193(d)(2). 

20 (3) Section 193(e). 

21 (4) Section 201(a). 

22 (5) Section 201(b)(1). 

23 (6) Section 201(c)(1). 

24 (7) Section 425(a). 

25 (8) Section 426(a)(3). 


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1 (9) Section 426(b)(2). 

2 (10) Section 441(c). 

3 (11) Section 441(d). 

4 (12) Section 443(d). 

5 (13) Section 2273(b)(1). 

6 (14) Section 2723(a). 

7 (b) REFERENCES TO HEAD OF CENTRAL INTEL8 LIGENCE AGENCY.—Such title is further amended by 

9 striking ‘‘Director of Central Intelligence’’ each place it 

10 appears in the following provisions and inserting ‘‘Director 

11 of the Central Intelligence Agency’’: 

12 (1) Section 431(b)(1). 

13 (2) Section 444. 

14 (c) OTHER AMENDMENTS.—Section 201 of such title 

15 is further amended— 

16 (1) in subsection (b), by amending paragraph 

17 (1) to read as follows: 

18 ‘‘(1) In the event of a vacancy in a position re19 ferred to in paragraph (2), before appointing an in20 dividual to fill the vacancy or recommending to the 

21 President an individual to be nominated to fill the 

22 vacancy, the Secretary of Defense shall obtain the 

23 concurrence of the Director of National Intelligence 

24 as provided in section 106(b) of the National Secu25 rity Act of 1947 (50 U.S.C. 403–6(b)).’’; and 


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1 (2) in subsection (c), by striking ‘‘National For2 eign Intelligence Program’’ and inserting ‘‘National 

3 Intelligence Program’’. 

4 SEC. 923. PROTECTION OF INFORMATION REGARDING 

5 WEAPONS OF MASS DESTRUCTION. 

6 (a) PROHIBITION FROM DISCLOSURE UNDER FREE7 DOM OF INFORMATION ACT.—Information in the posses8 sion of the Department of Defense concerning weapons of 

9 mass destruction, as defined in subsection (d) of this sec10 tion, shall not be disclosed under section 552 of title 5, 

11 United States Code (commonly referred to as the Freedom 

12 of Information Act (FOIA)) for the period of time the sen13 sitivity of the information can be reasonably confirmed. 

14 Any information controlled under the Atomic Energy Act 

15 of 1954, as amended, is exempt from the provisions of this 

16 Act. This exemption shall be implemented in a manner 

17 so as to not unduly restrict the public’s current level of 

18 access to environmental impact statements, records con19 cerning healthcare activities, or other information essen20 tial to inform official decision-making concerning the 

21 health and safety of the public. 

22 (b) REQUIREMENT FOR SAFEGUARDING.—The De23 partment of Defense shall safeguard information con24 cerning weapons of mass destruction commensurate with 

25 the sensitivity of the information concerned and shall take 


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1 all reasonable actions to ensure parties outside the Federal 

2 government with whom the Department shares such infor3 mation safeguard it in the same manner. 

4 (c) APPLICATION OF STATE OR LOCAL DISCLOSURE

5 LAWS.—Information subject to this section that the De6 partment has provided to State and local authorities shall 

7 not be made available pursuant to any State or local law 

8 requiring disclosure of information or records. 

9 (d) DEFINITIONS.—In this section: 

10 (1) The term ‘‘weapon of mass destruction’’ has 

11 the same meaning as given in the Defense Against 

12 Weapons of Mass Destruction Act of 1996 (50 

13 U.S.C. 2302). 

14 (2) The term ‘‘information concerning weapons 

15 of mass destruction’’ means information that— 

16 (A) would assist in developing, producing, 

17 or using weapons of mass destruction or in 

18 evading the detection or the monitoring of the 

19 development, production, use, or presence of 

20 weapons of mass destruction; or 

21 (B) would disclose a vulnerability to the ef22 fects of a weapon of mass destruction; and 

23 (C) has been determined to be currently 

24 sensitive by an official designated as an Initial 

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1 fense component concerned pursuant to Depart2 ment of Defense Directive 5400.7–R, ‘‘DoD 

3 Freedom of Information Act Program’’, Sep4 tember 1998, or successor directive. 

5 Examples of such information could include informa6 tion that remains current and sensitive, such as but 

7 not limited to, formulas and design descriptions of 

8 lethal and incapacitating materials; maps, designs, 

9 security/emergency response plans, and vulnerability 

10 assessments for facilities containing weapons of 

11 mass destruction materials; studies of the effects 

12 and possible methods of weaponization of weapons of 

13 mass destruction materials; design details, capabili14 ties, and application of detection, surveillance, coun15 termeasures, and measurement equipment or plans; 

16 United States Government evaluations of response 

17 plans of State and local governments; and evaluation 

18 of weapons of mass destruction dispersal systems or 

19 methods. 

20 (e) REPORTING.—Ninety days following the one-year 

21 anniversary of the effective date of this section, the De22 partment of Defense will provide to the Department of 

23 Justice and the Office of Management and Budget a re24 port detailing the number of FOIA requests received for 

25 information covered under this section, a description of 


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1 the information requested, and specific actions taken as 

2 a result of the request. 

3 SEC. 924. PROHIBITION ON DISCLOSURE OF CERTAIN GEO4 DETIC PRODUCTS. 

5 Section 455 of title 10, United States Code, is 

6 amended by adding at the end the following new sub7 sections: 

8 ‘‘(d) PROHIBITION ON DISCLOSURE OF GEODETIC

9 PRODUCTS.—Any person, including any current and 

10 former government and contractor personnel, who know11 ingly distributes, transfers or engages in the sale of any 

12 product that the Secretary of Defense has withheld from 

13 the public in accordance with subsection (b) shall be sub14 ject to the penalties and administrative actions set forth 

15 in subsection (e). 

16 ‘‘(e) PENALTIES AND ADMINISTRATIVE SANC17 TIONS.—(1) CRIMINAL PENALTIES.—Whoever engages in 

18 conduct constituting a violation of subsection (b) or (d) 

19 shall be imprisoned for not more than 5 years or fined 

20 as provided under title 18, or both. 

21 ‘‘(2) CIVIL PENALTIES.—The Attorney General may 

22 bring a civil action in an appropriate United States dis23 trict court against any person who engages in conduct con24 stituting a violation of subsection (b) or (d). Upon proof 

25 of such conduct by a preponderance of the evidence, the 


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1 person is subject to a civil penalty. An individual who en2 gages in such conduct is subject to a civil penalty of not 

3 more than $50,000 for each violation plus twice the 

4 amount of compensation that the individual received or of5 fered for the prohibited conduct. An organization that en6 gages in such conduct is subject to a civil penalty of not 

7 more than $500,000 for each violation plus twice the 

8 amount of compensation that the organization received or 

9 offered for the prohibited conduct.’’. 

10 TITLE X—GENERAL PROVISIONS 

11 Subtitle A—Financial Matters 

12 SEC. 1001. REPEAL OF REQUIREMENT FOR TWO-YEAR 

13 BUDGET CYCLE FOR THE DEPARTMENT OF 

14 DEFENSE. 

15 Section 1405 of the Department of Defense Author16 ization Act, 1986 (Public Law 99–145; 99 Stat. 744; 31 

17 U.S.C. 1105 note) is repealed. 

18 SEC. 1002. SHORT-TERM INVESTMENT OF BURDEN SHAR19 ING CONTRIBUTIONS FROM REPUBLIC OF 

20 KOREA. 

21 Section 2350j(b) of title 10, United States Code, is 

22 amended— 

23 (1) by striking ‘‘Contributions’’ and inserting 

24 ‘‘(1) Contributions’’; and 


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1 (2) by inserting at the end the following new 

2 paragraph: 

3 ‘‘(2) The Secretary of Defense may authorize 

4 the deposit of contributions accepted under sub5 section (a) from the Republic of Korea in Korean 

6 Won into an account that is interest bearing if the 

7 contributions are invested in treasury obligations of 

8 the Republic of Korea of not more than six months 

9 maturity. Interest received on such accounts shall be 

10 treated the same as the contributions on which the 

11 interest was earned and shall be available for the 

12 same purpose as those contributions.’’. 

13 SEC. 1003. INCREASE LIMITATION ON ADVANCE BILLING OF 

14 WORKING CAPITAL FUND CUSTOMERS. 

15 Section 2208(l)(3) of title 10, United States Code, 

16 is amended by striking ‘‘$1,000,000,000’’ and inserting 

17 ‘‘$2,000,000,000’’. 

18 Subtitle B—Policy Relating to 

19 Vessels and Shipyards 

20 SEC. 1011. TEMPORARY WAIVER OF THE MINIMUM AIR21 CRAFT CARRIER REQUIREMENT. 

22 Section 5062(b) of title 10, United States Code, is 

23 amended by inserting after the first sentence the following 

24 new sentence: ‘‘Notwithstanding the preceding sentence or 

25 any other provision of law, the naval combat forces of the 


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1 Navy may include less than 11 operational aircraft car2 riers for the period of time between the decommissioning 

3 of the USS ENTERPRISE (CVN 65) and the commis4 sioning of the CVN 78.’’. 

5 SEC. 1012. DISPOSALS TO FOREIGN NATIONS. 

6 The text of section 7307 of title 10, United States 

7 Code, is amended to read as follows: 

8 ‘‘(a) NOTIFICATION REQUIREMENTS FOR TRANS9 FERS OF ALL VESSELS.—The Secretary of Defense, with 

10 the concurrence of the Secretary of State, may dispose of 

11 a naval vessel to another nation (whether by sale, lease, 

12 grant, loan, barter, transfer, or otherwise) in accordance 

13 with applicable provisions of law, but only after— 

14 ‘‘(1) the Secretary of Defense notifies the Com15 mittee on Armed Services of the Senate and the 

16 Committee on Armed Services of the House of Rep17 resentatives in writing of the proposed disposition; 

18 and 

19 ‘‘(2) 30 days of continuous session of Congress 

20 have expired following the date on which such notice 

21 is sent to those committees. 

22 ‘‘(b) CONTINUITY OF A SESSION.—For purposes of 

23 subsection (a)(2), the continuity of a session of Congress 

24 is broken only by an adjournment of the Congress sine 

25 die, and the days on which either House is not in session 


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1 because of an adjournment or more than 3 days to a day 

2 certain are excluded in the computation of such 30-day 

3 period.’’. 

4 Subtitle C—Counter-Drug 

5 Activities 

6 SEC. 1021. USE OF FUNDS FOR COUNTER-DRUG AND 

7 COUNTER-TERRORISM. 

8 Section 1022(b) of the National Defense Authoriza9 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

10 Stat. 1594), as amended by section 1022 of the National 

11 Defense Authorization Act for Fiscal Year 2006 (Public 

12 Law 109–163; 119 Stat. 3427), is further amended by 

13 striking ‘‘fiscal years 2006 and 2007’’ and inserting ‘‘fis14 cal year 2008’’. 

15 Subtitle D—Matters Related to 

16 Homeland Security 

17 SEC. 1031. SUPPORT TO NATIONAL SPECIAL SECURITY 

18 EVENTS AND OTHER CRITICAL NATIONAL SE19 CURITY ACTIVITIES. 

20 (a) IN GENERAL.—Chapter 1 of title 32, United 

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

23 ‘‘§ 116. Defense support of civil authorities 

24 ‘‘(a) IN GENERAL.—At the request of a Federal de25 partment or agency head, and when authorized by the SecVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 retary of Defense, the Governor of a State may employ 

2 under this title units or members of the National Guard 

3 of that State to provide defense support of civil authorities 

4 to the requesting Federal department or agency, as speci5 fied in subsection (c). Subject to the exceptions in sub6 sections (d), the costs incurred by the National Guard 

7 shall be reimbursed to the Department of Defense from 

8 the appropriations available to the Federal department or 

9 agency to which the support was provided. This reimburse10 ment will include the costs of— 

11 ‘‘(1) the pay, allowances, clothing, subsistence, 

12 gratuities, travel, and related expenses of personnel 

13 of the National Guard of that State; 

14 ‘‘(2) the operation and maintenance of the 

15 equipment and facilities of the National Guard of 

16 that State; and 

17 ‘‘(3) the procurement of services and equip18 ment, and the leasing of equipment, for the National 

19 Guard of that State. 

20 ‘‘(b) CREDITING OF RECEIPTS.—Any funds received 

21 by the Department of Defense as reimbursement for sup22 port provided by units or members of the National Guard 

23 under this section shall be credited, at the option of the 

24 Secretary of Defense, to: 


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1 ‘‘(1) the appropriation, fund, or account to fund 

2 the support; or 

3 ‘‘(2) the appropriate appropriation, fund, or ac4 count currently available for such purpose. 

5 ‘‘(c) ACTIVITIES INCLUDED.—Defense support of 

6 civil authorities activities authorized by subsection (a) in7 clude support provided for National Special Security 

8 Events and other activities determined by the Secretary 

9 of Defense as being critical to national security such as: 

10 ‘‘(1) Ground reconnaissance activities; 

11 ‘‘(2) Airborne reconnaissance activities; 

12 ‘‘(3) Logistical support; 

13 ‘‘(4) Emergency medical assistance and serv14 ices; 

15 ‘‘(5) Communications services; 

16 ‘‘(6) Security assistance and services; and 

17 ‘‘(7) Air and ground transportation. 

18 ‘‘(d) WAIVER OF REIMBURSEMENT.—A Federal de19 partment or agency to which support is provided under 

20 this chapter is not required to reimburse the Department 

21 of Defense for such support if the Secretary of Defense 

22 waives reimbursement. The Secretary of Defense may 

23 waive the reimbursement requirement under this section 

24 if— 


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1 ‘‘(1) the support is provided in the normal 

2 course of military training or operations; or 

3 ‘‘(2) the support provided results in a benefit to 

4 units or members of the National Guard providing 

5 the support that is substantially equivalent to that 

6 which would otherwise be obtained from military op7 erations or training. 

8 ‘‘(e) REQUIREMENTS FOR REQUESTS.—Requests for 

9 assistance from Federal departments or agencies under 

10 this section shall be submitted to the Secretary of Defense. 

11 Any such request shall include the following: 

12 ‘‘(1) The specific support capability requested. 

13 ‘‘(2) The duration of the requested support ac14 tivities. 

15 ‘‘(3) A certification that the requested support 

16 activities will be fully reimbursable. 

17 ‘‘(4) A certification from the Governor of the 

18 involved State(s) that the requested support will be 

19 provided at a time when the personnel involved are 

20 not in Federal service. 

21 ‘‘(f) CHARACTERIZATION OF SERVICE.—All duty per22 formed under this section shall be considered to be full23 time National Guard duty under section 502(f) of this 

24 title. 


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1 ‘‘(g) DURATION.—The period for which support may 

2 be provided to a Federal department or agency under this 

3 section shall be limited to 180 days. When requested by 

4 the head of a Federal department or agency, the Secretary 

5 of Defense may, with the concurrence of the Governor of 

6 the State, extend the period of time for an additional 90 

7 days to meet extraordinary circumstances. 

8 ‘‘(h) TRAINING AND BENEFITS.—A member of the 

9 National Guard performing duty under this section shall, 

10 in addition to performing such duty, participate in the 

11 training required under section 502(a) of this title. The 

12 pay, allowances, and other benefits of the member while 

13 participating in the training shall be the same as those 

14 to which the member is entitled while performing the duty 

15 under this chapter. The member is not entitled to addi16 tional pay, allowances, or other benefits for participation 

17 in training required under section 502(a)(1) of this title. 

18 ‘‘(i) TRAINING LIMITATIONS.—To ensure that the 

19 use of units and personnel of the National Guard of a 

20 State for activities specified in subsections (a) and (b) of 

21 this section does not degrade the training and readiness 

22 of such units and personnel, the following requirements 

23 shall apply in determining the activities that units and 

24 personnel of the National Guard of a State may perform: 


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1 ‘‘(1) The performance of the activities is not to 

2 affect adversely the quality of that training or other3 wise interfere with the ability of a member or unit 

4 of the National Guard to perform the military func5 tions of the member or unit. 

6 ‘‘(2) The performance of the activities is not to 

7 degrade the military skills of the members of the 

8 National Guard performing those activities. 

9 ‘‘(j) SUPPORT EXCLUDED.—Defense support of civil 

10 authorities activities conducted under authority of this 

11 section may not be provided if the provision of such sup12 port will affect adversely the military preparedness of the 

13 United States. 

14 ‘‘(k) RELATIONSHIP TO OTHER AUTHORITIES.— 

15 Nothing in this chapter shall be construed as a limitation 

16 on the authority of any unit of the National Guard of a 

17 State, when such unit is not in Federal service, to perform 

18 functions authorized to be performed by the National 

19 Guard by the laws of the State concerned. 

20 ‘‘(l) DEFINITIONS.—For purposes of this section: 

21 ‘‘(1) The term ‘State’ means each of the several 

22 States, the District of Columbia, the Commonwealth 

23 of Puerto Rico, Guam or the Virgin Islands. 

24 ‘‘(2) The term ‘National Special Security 

25 Event’ means an event designated as such as auVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 thorized by the President that, by virtue of its polit2 ical, economic, social, or religious significance, may 

3 be the target of terrorism or other criminal activ4 ity.’’. 

5 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

6 (1) The table of sections at the beginning of 

7 such chapter is amended by adding at the end the 

8 following new item: 

‘‘116. Defense support of civil authorities.’’. 

9 (2) Section 115 of title 10, United States Code, 

10 is amended— 

11 (A) by redesignating subsection (i) (the 

12 second place it appears) as subsection (j); and 

13 (B) in subsection (j), as redesignated, by 

14 inserting ‘‘or defense support of civil authorities 

15 under section 116’’ after ‘‘chapter 9’’. 

16 Subtitle E—Other Matters 

17 SEC. 1041. PROTECTION OF DEPARTMENT OF DEFENSE 

18 PERSONS DESIGNATED BY THE SECRETARY 

19 OF DEFENSE. 

20 Section 2674(b)(1) of title 10, United States Code, 

21 is amended— 

22 (1) in the matter preceding subparagraph (A), 

23 by inserting after the first sentence the following 

24 new sentence: ‘‘In addition, the Secretary may au25 thorize such law enforcement and security personnel 


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1 to provide for the physical security and protection of 

2 Department of Defense personnel and others entitled 

3 to Federal protection from assault and other crimes 

4 of violence under Federal statutes, within or outside 

5 the United States, when threat conditions cause the 

6 Secretary to determine that such protection is nec7 essary for reasons of national security.’’; 

8 (2) in subparagraph (A), by striking ‘‘status; 

9 and’’ and inserting ‘‘status within or outside the 

10 United States;’’; 

11 (3) by striking the period at the end of sub12 paragraph (B) and inserting ‘‘; and’’; and 

13 (4) by adding at the end the following new sub14 paragraphs: 

15 ‘‘(C) may, when providing for the physical 

16 security and protection of persons under this 

17 section, make arrests without a warrant for vio18 lations of the United States Code committed in 

19 their presence to the extent otherwise author20 ized by law. 

21 ‘‘(D) Nothing in paragraph (1) shall be 

22 construed to preclude or limit, in any way, the 

23 implied or inherent powers of the Secretary of 

24 Defense, the duties and authorities of the 

25 United States Department of State, United 


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1 States Secret Service or any other Federal law 

2 enforcement agency. 

3 ‘‘(E) The powers granted to law enforce4 ment and security personnel under paragraph 

5 (1), who provide for the physical security and 

6 protection of Department of Defense personnel 

7 entitled to Federal protection from assault and 

8 other crimes of violence under Federal statutes, 

9 shall be exercised only in accordance with 

10 guidelines approved by the Secretary and the 

11 Attorney General; said powers shall be exercised 

12 with the concurrence of the Department of 

13 State to the extent they are exercised outside 

14 the United States.’’. 

15 SEC. 1042. CLARIFICATION OF JURISDICTION OF THE 

16 UNITED STATES DISTRICT COURTS TO HEAR 

17 BID PROTEST DISPUTES INVOLVING MARI18 TIME CONTRACTS. 

19 Section 1491 of title 28, United States Code, is 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(d) Jurisdiction over any actions described under 

23 subsection (b)(1) of this section arising out of a maritime 

24 contract or a proposed maritime contract shall be gov25 erned by this section, and shall not be subject to the jurisVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 diction of the District Courts of the United States under 

2 the Act of March 9, 1920, commonly known as the ‘Suits 

3 in Admiralty Act’ (41 Stat. 525; 46 U.S.C. App. 741 et 

4 seq.), or the Act of March 3, 1925, commonly known as 

5 the ‘Public Vessels Act’ (43 Stat. 1112; 46 U.S.C. App. 

6 781 et seq.).’’. 

7 SEC. 1043. CANCELLATION OF USE OF AIRCRAFT FOR PRO8 FICIENCY FLYING: LIMITATION. 

9 (a) IN GENERAL.—Section 2245 of title 10, United 

10 States Code, is repealed. 

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

12 at the beginning of subchapter 1 of chapter 134 of such 

13 title is amended by striking the item relating to section 

14 2245. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on October 1, 2007. 

17 SEC. 1044. PROMPT CONVERSION OF ARMY FORCES IN HA18 WAII. 

19 (a) FINDING.—The Congress finds that the conver20 sion in Hawaii of the 2nd Brigade of the 25th Infantry 

21 Division to a Stryker Brigade Combat Team is necessary 

22 to the national defense, supports U.S. foreign policy, and 

23 conforms to prior direction of Congress with regard to the 

24 reorganization of the Army into a more effective fighting 

25 force. 


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1 (b) CONVERSION.—The Secretary of the Army shall 

2 convert the 2nd Brigade of the 25th Infantry Division to 

3 a Stryker Brigade Combat Team, at its current location, 

4 and such conversion shall proceed to completion notwith5 standing any other provision of law. 

6 SEC. 1045. EXPAND COOPERATIVE AGREEMENT AUTHORITY 

7 FOR MANAGEMENT OF CULTURAL RE8 SOURCES TO INCLUDE OFF-INSTALLATION 

9 MITIGATION. 

10 (a) EXPANDED AUTHORITY.—Section 2684(a) of 

11 title 10, United States Code, is amended to read as fol12 lows: 

13 ‘‘(a) AUTHORITY.—(1) The Secretary of Defense or 

14 the secretary of a military department may enter into a 

15 cooperative agreement with a State, local or tribal govern16 ment or other entity— 

17 ‘‘(A) for the preservation, management, mainte18 nance, and improvement of cultural resources; and 

19 ‘‘(B) for the conduct of research regarding cul20 tural resources. 

21 ‘‘(2) Such cultural resources must be located— 

22 ‘‘(A) on a military installation; or 

23 ‘‘(B) off a military installation, but only if the 

24 cooperative agreement directly relieves or eliminates 

25 current or anticipated restrictions that would or 


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1 might restrict, impede, or otherwise interfere, wheth2 er directly or indirectly, with current or anticipated 

3 military training, testing, or operations on the in4 stallation. 

5 ‘‘(3) Activities under the cooperative agreement shall 

6 be subject to the availability of funds to carry out the co7 operative agreement.’’. 

8 (b) EXPANDED DEFINITION.—Subsection (c) of such 

9 section is amended by adding at the end the following new 

10 paragraph: 

11 ‘‘(5) An Indian sacred site, as the that term is 

12 defined in section 1(b)(iii) of Executive Order 

13 13007.’’. 

14 TITLE XI—CIVILIAN PERSONNEL 

15 MATTERS 

16 SEC. 1101. COMPENSATION FOR FEDERAL WAGE SYSTEM 

17 EMPLOYEES FOR CERTAIN TRAVEL HOURS. 

18 Section 5544(a) of title 5, United States Code, is 

19 amended in the third sentence in the matter following 

20 paragraph (3) by inserting ‘‘, including travel by an em21 ployee to such an event and the return of such employee 

22 from such event to his or her official duty station,’’ after 

23 ‘‘event’’. 


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1 SEC. 1102. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES 

2 ASSIGNED ON DEPLOYMENT TEMPORARY 

3 CHANGE OF STATION. 

4 (a) AUTHORITY.—Subchapter II of chapter 57 of title 

5 5, United States Code, is amended by inserting after sec6 tion 5737 the following new section: 

7 ‘‘§ 5737a. Civilian employees deployed in contingency 

8 operations: quarters, rations, and other 

9 benefits 

10 ‘‘(a) COVERED EMPLOYEES.—This section applies to 

11 civilian employees in the Executive Branch who are as12 signed on a temporary change of station in support of a 

13 contingency operation in an overseas location. 

14 ‘‘(b) QUARTERS AND RATIONS AT DEPLOYMENT

15 DUTY STATION.—The head of an agency may provide an 

16 employee assigned as described in subsection (a) with 

17 quarters and rations, without charge, during the period 

18 of the assignment. 

19 ‘‘(c) STORAGE OF PRIVATELY OWNED VEHICLE.— 

20 The head of an agency, during the period an employee 

21 is assigned as described in subsection (a) and for such 

22 additional period as determined by the head of an agency, 

23 may provide for the storage without charge, or reimburse 

24 an employee for the storage, of one motor vehicle that is 

25 owned or leased by the employee (or a dependent of the 

26 employee) and is for the personal use of the employee. 


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1 Only one vehicle per employee may be stored under this 

2 provision. 

3 ‘‘(d) RELATIONSHIP TO OTHER PAY AND ALLOW4 ANCES.—A payment, quarters, allowance, or benefit under 

5 this section may be provided in addition to any other pay, 

6 allowance, or benefit to which the employee is entitled. 

7 ‘‘(e) REGULATIONS.—The Administrator of the Gen8 eral Services Administration shall prescribe regulations to 

9 carry out this section. 

10 ‘‘(f) DEFINITIONS.—In this section: 

11 ‘‘(1) The term ‘civilian employee’ has the mean12 ing given the term ‘employee’ in section 2105(a) of 

13 this title. 

14 ‘‘(2) The term ‘temporary change of station’ 

15 means an assignment from the employee’s official 

16 duty station to a temporary duty station for which 

17 an employee receives payments under section 5737 

18 of this title.’’. 

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

20 at the beginning of chapter 57 of such title is amended 

21 by inserting after the item relating to section 5737 the 

22 following new item: 

‘‘5737a. Civilian employees deployed in contingency operations: quarters, rations, and other benefits.’’. 


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1 SEC. 1103. AUTHORITY TO WAIVE LIMITATION ON PREMIUM 

2 PAY FOR FEDERAL CIVILIAN EMPLOYEES. 

3 (a) WAIVER AUTHORITY.—During calendar year 

4 2008 and notwithstanding section 5547 of title 5, United 

5 States Code, the head of an Executive agency may waive 

6 the limitation, up to $212,100, for total compensation, in7 cluding limitations on the aggregate of basic pay and pre8 mium pay payable in a calendar year, to an employee who 

9 performs work while in an overseas location that is in the 

10 area of responsibility of the Commander of the United 

11 States Central Command, in direct support of, or directly 

12 related to— 

13 (1) a military operation, including a contin14 gency operation; or 

15 (2) an operation in response to a declared emer16 gency. 

17 (b) ADDITIONAL PAY NOT CONSIDERED BASIC

18 PAY.—To the extent that a waiver under subsection (a) 

19 results in payment of additional premium pay of a type 

20 that is normally creditable as basic pay for retirement or 

21 any other purpose, such additional pay shall not be consid22 ered to be basic pay for any purpose, nor shall it be used 

23 in computing a lump-sum payment for accumulated and 

24 accrued annual leave under section 5551 of title 5, United 

25 States Code. 


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1 (c) REGULATIONS.—The Director of the Office of 

2 Personnel Management may issue regulations to ensure 

3 appropriate consistency among heads of executive agencies 

4 in the exercise of authority granted by this section. 

5 SEC. 1104. INCREASE IN AUTHORIZED NUMBER OF DE6 FENSE INTELLIGENCE SENIOR EXECUTIVE 

7 SERVICE EMPLOYEES. 

8 Section 1606(a) of title 10, United States Code, is 

9 amended by striking ‘‘594’’ and inserting ‘‘644 in fiscal 

10 year 2008 and 694 in fiscal year 2009’’. 

11 SEC. 1105. ACCUMULATION OF ANNUAL LEAVE BY SENIOR 

12 LEVEL EMPLOYEES. 

13 Section 6304(f)(1) of title 5, United States Code, is 

14 amended— 

15 (1) by striking ‘‘in’’ in the matter preceding 

16 subparagraph (A); 

17 (2) by striking ‘‘the’’ each place it appears and 

18 inserting ‘‘in the’’; 

19 (3) by striking ‘‘or’’ at the end of subparagraph 

20 (D); 

21 (4) by striking the period at the end of sub22 paragraph (E) and inserting a semicolon; and 

23 (5) by adding at the end the following new sub24 paragraphs: 


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1 ‘‘(F) designated as a senior-level position 

2 under subsection (a) of section 5376 of this 

3 title; or 

4 ‘‘(G) designated as a senior-level position 

5 under subsection (a) of section 1607 of title 

6 10.’’. 

7 SEC. 1106. TRAVEL COMPENSATION FOR PREVAILING RATE 

8 EMPLOYEES. 

9 (a) ELIGIBILITY FOR COMPENSATORY TIME OFF FOR

10 TRAVEL.—Section 5550b(a) of title 5, United States 

11 Code, is amended by striking ‘‘section 5542(b)(2)’’ and 

12 inserting ‘‘sections 5542(b)(2) and 5544(a)’’. 

13 (b) CONFORMING AMENDMENT.—Section 

14 5541(2)(xi) of such title is amended by striking ‘‘section 

15 5544’’ and inserting ‘‘sections 5544 and 5550b’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the earlier of— 

18 (1) the effective date of any regulations pre19 scribed to carry out such amendments; or 

20 (2) the 90th day after the date of the enact21 ment of this Act. 

22 SEC. 1107. ANNUITY COMMENCING DATES. 

23 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

24 8345(b)(1) of title 5, United States Code, is amended by 


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1 striking ‘‘the first day of the month after’’ both places 

2 it appears and inserting ‘‘the day after’’. 

3 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

4 Section 8464(a) of such title is amended to read as fol5 lows: 

6 ‘‘(a) Except as otherwise provided in this chapter— 

7 ‘‘(1) an annuity payable from the Fund com8 mences on the day after— 

9 ‘‘(A) separation from the service, in the 

10 case of an employee or Member retiring under 

11 section 8412 or 8414; or 

12 ‘‘(B) pay ceases and the applicable age and 

13 service requirements are met in the case of an 

14 employee or Member retiring under section 

15 8413; and 

16 ‘‘(2) an annuity payable from the Fund com17 mences on the day after separation from the service 

18 or the day after pay ceases and the requirements for 

19 title to an annuity are met in the case of an em20 ployee or Member retiring under section 8451.’’. 

21 SEC. 1108. LIFE INSURANCE COVERAGE FOR EMPLOYEES 

22 CALLED TO ACTIVE DUTY. 

23 Section 8706(b) of title 5, Untied States Code, is 

24 amended by adding at the end the following new para25 graph: 


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1 ‘‘(5) The insurance of an employee continues 

2 for up to 24 months after discontinuance of pay for 

3 any employee who— 

4 ‘‘(A) is enrolled in life insurance under this 

5 chapter; 

6 ‘‘(B) is a member of a reserve component 

7 of the armed forces; 

8 ‘‘(C) is called or ordered to active duty; 

9 ‘‘(D) is placed on leave without pay to per10 form active duty; and 

11 ‘‘(E) serves on active duty for a period of 

12 more than 30 consecutive days.’’. 

13 SEC. 1109. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES 

14 WHO MOVE FROM A DEPARTMENT OF DE15 FENSE OR COAST GUARD NON16 APPROPRIATED FUND INSTRUMENTALITY 

17 POSITION TO A DOD OR COAST GUARD POSI18 TION IN THE GENERAL SCHEDULE PAY SYS19 TEM. 

20 Section 5334(f) of title 5, United States Code, is 

21 amended to read as follows: 

22 ‘‘(f)(1) This subsection applies to an employee of a 

23 nonappropriated fund instrumentality of the Department 

24 of Defense or the Coast Guard described in section 

25 2105(c) who moves, voluntarily or involuntarily, without 


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1 a break in service of more than 3 days, to a position in 

2 the Department of Defense or the Coast Guard, respec3 tively, that is subject to this subchapter. 

4 ‘‘(2) For an employee subject to this subsection, serv5 ice in a covered nonappropriated fund instrumentality 

6 shall be treated as Federal service in the executive branch 

7 for the purpose of applying any regulations issued by the 

8 Director of the Office of Personnel Management governing 

9 the setting of an employee’s rate of basic pay under this 

10 subchapter based on rates received under another Federal 

11 pay system. In the case of such an employee who is moved 

12 involuntarily and without a substantial change in duties, 

13 the employee is entitled under this paragraph to the lowest 

14 step of the employee’s grade that equals or exceeds the 

15 employee’s rate of basic pay under the nonappropriated 

16 fund instrumentality immediately prior to so moving (after 

17 applying geographic pay conversion consistent with the 

18 regulations described in the first sentence of this para19 graph) or, if there is no such step, the maximum rate of 

20 the grade (except as may be provided for under section 

21 5365 or any other provision of law). 

22 ‘‘(3) Notwithstanding any other provision of law, in 

23 the case of an employee subject to this subsection, the em24 ployee’s initial rate of basic pay under this subchapter may 

25 be set under the authority provided by the second sentence 


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1 in section 5333 (subject to applicable regulatory require2 ments) as if the employee were a newly appointed em3 ployee, if the resulting rate would exceed the rate set 

4 under paragraph (2).’’. 

5 SEC. 1110. INFORMING GOVERNMENT CONTRACTOR EM6 PLOYEES OF THEIR WHISTLEBLOWER 

7 RIGHTS. 

8 (a) POLICY.—The head of each Executive agency 

9 shall prescribe in regulation a policy for informing employ10 ees of a contractor of their whistleblower rights and pro11 tections under section 2409 of title 10, United States 

12 Code, and section 265 of title 41, United States Code, as 

13 implemented by title 48, Code of Federal Regulations, 

14 subpart 3.9. 

15 (b) CONTENT OF REGULATIONS.—The regulations 

16 shall include the following requirements: 

17 (1) Employees of Government contractors shall 

18 be notified in writing of the provisions of section 

19 2409 of title 10, United States Code, and section 

20 265 of title 41, United States Code. 

21 (2) Such notice to contractor employees shall 

22 state that the restrictions imposed by any employee 

23 agreement or non-disclosure agreement shall not su24 persede, conflict with, or otherwise alter the em25 ployee rights created by section 2409 of title 10, 


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1 United States Code, and section 265 of title 41, 

2 United States Code, or their implementing regula3 tions. 

4 (c) DEFINITION.—In this section, the term ‘‘con5 tractor’’ has the meaning given that term in section 

6 2409(e)(4) of title 10, United States Code, and section 

7 265(e)(2) of title 41, United States Code. 

8 TITLE XII—MATTERS RELATING 

9 TO FOREIGN NATIONS 

10 Subtitle A—Assistance and 

11 Training 

12 SEC. 1201. AUTHORITY TO TRAIN AND EQUIP FOREIGN PER13 SONNEL TO ASSIST IN ACCOUNTING FOR 

14 MISSING PERSONNEL. 

15 (a) IN GENERAL.—The Secretary of Defense, with 

16 the concurrence of the Secretary of State, may provide as17 sistance to foreign nations to assist the Department of De18 fense with recovery and accounting activities for missing 

19 United States personnel. 

20 (b) TYPES OF ASSISTANCE.—Such assistance may in21 clude the provision of equipment, supplies, services, train22 ing, and funding: Provided further, That the authority to 

23 provide assistance under this section is in addition to any 

24 other authority to provide assistance to foreign nations. 


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1 (c) LIMITATION.—Assistance authorized under this 

2 section may not exceed $1,000,000 in any fiscal year. 

3 SEC. 1202. PROVISION OF SUPPORT AND SERVICES TO FOR4 EIGN MILITARY AND STATE AIRCRAFT. 

5 (a) IN GENERAL.—(1) Section 9626 of title 10, 

6 United States Code, is amended to read as follows: 

7 ‘‘§ 9626. Aircraft supplies and services: foreign mili8 tary or other foreign state aircraft 

9 ‘‘(a) AUTHORITY.—The Secretary of the Air Force, 

10 under such regulations as he may prescribe, may provide 

11 any of the following supplies or services, when in the best 

12 interests of the United States, on a reimbursable basis 

13 without an advance of funds if similar supplies and serv14 ices are furnished on a like basis to military aircraft and 

15 other state aircraft of the United States by the foreign 

16 country concerned: 

17 ‘‘(1) Routine airport services, including landing 

18 and takeoff assistance, servicing aircraft with fuel, 

19 use of runways, parking and servicing, baggage and 

20 cargo loading and unloading, to military and other 

21 state aircraft of foreign countries. 

22 ‘‘(2) Miscellaneous supplies, including Air 

23 Force-owned fuel, provisions, spare parts, and gen24 eral stores, but not including ammunition, to mili25 tary and other state aircraft of foreign countries. 


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1 ‘‘(b) ROUTINE AIRPORT SERVICES.—(1) Routine air2 port services may be furnished under this section at no 

3 cost to the foreign country concerned where such services 

4 are provided by United States Air Force personnel and 

5 equipment without direct cost to the Air Force. 

6 ‘‘(2) When furnishing routine airport services 

7 under this section to military or other state aircraft 

8 of a foreign country, the Secretary may furnish such 

9 services without reimbursement if such services are 

10 provided under an agreement that provides for the 

11 reciprocal furnishing by such country of routine air12 port services to military and other state aircraft of 

13 the United States without reimbursement. 

14 ‘‘(3) If routine airport services are furnished 

15 under this section by a working-capital fund activity 

16 of the Air Force established under section 2208 of 

17 this title and such activity is not reimbursed directly 

18 for the costs incurred by the activity in furnishing 

19 those services by reason of paragraph (2), the work20 ing-capital fund activity shall be reimbursed for such 

21 costs out of operating funds currently available to 

22 the Air Force.’’. 

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

24 chapter 939 of such title is amended by striking the 


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1 item relating to section 9626 and inserting the fol2 lowing new item: 

‘‘9626. Aircraft supplies and services: foreign military or other foreign state aircraft.’’. 

3 (b) CONFORMING AMENDMENT.—Section 9629(3) of 

4 such title is amended by striking ‘‘of a foreign military 

5 or air attache ́’’. 

6 Subtitle B—Nonproliferation 

7 Matters and Countries of Concern 

8 SEC. 1211. REPEAL OF CERTAIN LAWS PERTAINING TO THE 

9 JOINT COMMITTEE FOR THE REVIEW OF 

10 COUNTERPROLIFERATION PROGRAMS. 

11 (a) JOINT COMMITTEE FOR THE REVIEW OF

12 COUNTERPROLIFERATION PROGRAMS OF THE UNITED

13 STATES.—Section 1605 of the National Defense Author14 ization Act for Fiscal Year 1994 (title XVI of Public Law 

15 103–160; 22 U.S.C. 2751 note) is repealed. 

16 (b) REPORTS ON COUNTERPROLIFERATION ACTIVI17 TIES AND PROGRAMS.—Section 1503 of the National De18 fense Authorization Act for Fiscal Year 1995 (title XV 

19 of Public Law 103–337; 22 U.S.C. 2751 note) is repealed. 


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1 Subtitle C—Other Matters 

2 SEC. 1221. COOPERATIVE RESEARCH AND DEVELOPMENT 

3 AGREEMENTS: NATO ORGANIZATIONS; AL4 LIED AND FRIENDLY FOREIGN COUNTRIES. 

5 Subsection (e) of section 2350a, of title 10, United 

6 States Code, is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘an arms cooperation op9 portunities document’’ both places it appears 

10 and inserting ‘‘a cooperative opportunities docu11 ment’’; and 

12 (B) by striking ‘‘a Mission Need State13 ment’’ in subparagraph (B) and inserting ‘‘an 

14 analysis of alternatives plan’’; and 

15 (2) in paragraph (2), by striking ‘‘An arms co16 operation opportunities document’’ and inserting ‘‘A 

17 cooperative opportunities document’’. 

18 SEC. 1222. AMENDMENT TO THE COMPOSITION OF THE 

19 BOARD OF VISITORS OF THE WESTERN HEMI20 SPHERE INSTITUTE FOR SECURITY CO21 OPERATION. 

22 Section 2166(e)(1)(F) of title 10, United States 

23 Code, is amended to read as follows: 

24 ‘‘(F) The commanders of the combatant 

25 commands having geographic responsibilities for 


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1 the Western Hemisphere, or designees of those 

2 officers.’’. 

3 SEC. 1223. ACCEPT FUNDS FROM THE GOVERNMENT OF 

4 PALAU. 

5 Section 1933(a) of title 48, United States Code, is 

6 amended— 

7 (1) by inserting ‘‘(1)’’ before ‘‘In recognition’’; 

8 and 

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

10 paragraph— 

11 ‘‘(2) The Secretary of Defense may accept the 

12 $250,000 annual funds from the Government of 

13 Palau. Funds accepted by the Secretary under this 

14 section from the Government of Palau shall be cred15 ited to the appropriations available to the Depart16 ment of Defense for the Civic Action Team. Funds 

17 so credited shall be merged with the appropriations 

18 to which credited and shall be available to the Civic 

19 Action Team for the same purposes and the same 

20 period as the appropriations with which they are 

21 merged.’’. 

22 SEC. 1224. SHARING RISKS IN INTERNATIONAL OPER23 ATIONS. 

24 (a) SHARING RISKS IN INTERNATIONAL OPER25 ATIONS.—Chapter 443 of title 49, United States Code, is 


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1 amended by adding at the end the following new sub2 chapter: 

3 ‘‘SUBCHAPTER II—RISK SHARING 

‘‘Sec. 

‘‘44311. Sharing risks in international operations. 

4 ‘‘§ 44311. Sharing risks in international operations 

5 ‘‘(a) RISK-SHARING OBLIGATIONS.—With the ap6 proval of the President, the Secretary of Defense or the 

7 Secretary of State may incur obligations that arise from 

8 losses incurred as a result of participation in an inter9 national risk-sharing agreement covering aircraft oper10 ations in support of the North Atlantic Treaty Organiza11 tion or other similar international organization or alliance, 

12 without regard to the nationality of registration or owner13 ship of aircraft. 

14 ‘‘(b) RISK-SHARING REVOLVING FUND.—(1) At the 

15 time of such obligation and for each obligation there will 

16 be established a revolving fund in the Treasury, to be 

17 known as the air operations risk-sharing revolving fund 

18 to be administered by the Secretary of Transportation, 

19 and to be available without fiscal year limitation. The fund 

20 is distinct from the aviation insurance revolving fund es21 tablished by section 44307 of this chapter. 

22 ‘‘(2) The fund shall be used to pay the amounts due 

23 to other nations or organizations and to receive contribu24 tions from other nations or organizations under an agreeVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 ment referred to in subsection (a). Contributions received 

2 by the United States under an agreement referred to in 

3 subsection (a) and credited to the air operations risk-shar4 ing revolving fund may be used to pay subsequent 

5 amounts due other nations or organizations under such 

6 agreement. When payment is due under an agreement ref7 erenced in subsection (a), and the fund either has no mon8 ies or the monies in the fund are insufficient to make the 

9 payment, the Secretary of the Department that has in10 curred the obligation pursuant to subsection (a) shall pro11 vide the necessary amount to the air operations risk-shar12 ing revolving fund or directly to the other nations or orga13 nizations. 

14 ‘‘(3) The Secretary of the Department that has in15 curred the obligation pursuant to subsection (a) may re16 quest and the Secretary of Transportation may transfer 

17 funds from the air operations risk-sharing revolving fund 

18 to the aviation insurance revolving fund in order to satisfy, 

19 in whole or in part, an obligation owed to the Secretary 

20 of Transportation to cover losses incurred at the request 

21 of the Secretary concerned pursuant to section 44305(b) 

22 of this title. 

23 ‘‘(4) On request of the Secretary of Transportation, 

24 the Secretary of the Treasury may invest all or any part 

25 of the amount in the air operations risk-sharing revolving 


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1 fund in interest-bearing securities of the United States 

2 government. The interest on, and the proceeds from, the 

3 sale or redemption of the securities shall be credited to 

4 the air operations risk sharing revolving fund. 

5 ‘‘(5) At the completion of air operations entered pur6 suant to (a) above, the Secretary of the Department that 

7 has incurred the obligation shall terminate the risk-shar8 ing revolving fund when the Secretary reasonably believes 

9 that no additional claims or contributions will be received. 

10 Amounts in the risk-sharing revolving fund will be trans11 ferred to the miscellaneous receipts account in the Treas12 ury. Any contributions received after termination will also 

13 be transferred to that account. 

14 ‘‘(c) INDEMNIFICATION NOT AFFECTED.—This sec15 tion does not affect a requirement to make a prompt pay16 ment to the Secretary of Transportation for credit to the 

17 aviation insurance revolving fund under an indemnity 

18 agreement under section 44305(b) of this title. 

19 ‘‘(d) EXPENSES NOT INCURRED.—The requirement 

20 for the Secretary of Transportation to pay expenses in21 curred through the use of appropriated funds under 

22 44307(d) of this title shall not apply to this section.’’. 

23 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

24 (1) The table of sections at the beginning of 

25 such chapter is amended— 


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1 (A) by inserting ‘‘SUBCHAPTER I— 

2 GENERAL’’ after ‘‘CHAPTER 443—IN3 SURANCE’’; and 

4 (B) by adding at the end the following: 

5 ‘‘SUBCHAPTER II—RISK SHARING 

‘‘44311. Sharing risks in international operations.’’. 

6 (2) Chapter 443 is further amended by insert7 ing ‘‘SUBCHAPTER I—GENERAL’’ before section 

8 44301. 

9 (3) Section 44307(a)(1) of such title is amend10 ed— 

11 (A) by inserting ‘‘to be known as the avia12 tion insurance revolving fund’’ before the period 

13 at the end of the first sentence; and 

14 (B) by striking ‘‘fund payments to carry 

15 out this chapter’’ in the second sentence and in16 serting ‘‘aviation insurance revolving fund pay17 ments to carry out this chapter except pursuant 

18 to section 44311’’. 

19 (c) PERMANENT APPROPRIATION.—Section 9514 of 

20 title 10, United States Code, is amended— 

21 (1) by redesignating subsection (g) as sub22 section (h); and 

23 (2) by inserting after subsection (f) the fol24 lowing new subsection (g): 


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1 ‘‘(g) RISK-SHARING OBLIGATIONS AUTHORITY AND

2 PERMANENT APPROPRIATION.—(1) Upon approval by the 

3 President, the Secretary of Defense, after consultation 

4 with the Secretary of State, is authorized to enter into 

5 an international sharing of risk agreements pursuant to 

6 section 44311 of title 49 with regard to civil aircraft sup7 porting military operations of the North Atlantic Treaty 

8 Organization or similar international organization or alli9 ance in which the United States is a party. The Secretary 

10 of Defense may incur obligations that arise from losses 

11 incurred as a result of an international risk-sharing agree12 ment covering aircraft operations in support of the North 

13 Atlantic Treaty Organization or other similar inter14 national organization or alliance, without regard to the na15 tionality of registration or ownership of the aircraft. 

16 ‘‘(2) To fund obligations of such international shar17 ing of risk agreements, there is authorized to be appro18 priated to the Secretary of Defense such sums as may be 

19 necessary to pay or incur such obligations. Any final judg20 ment rendered in any suit authorized under Federal law 

21 and any final payment or settlement in furtherance of 

22 such international sharing of risk agreements shall, upon 

23 the presentation of a duly authenticated copy thereof, be 

24 paid by the proper accounting officers of the Department 

25 of Defense into the air operations risk-sharing revolving 


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1 fund from funds specifically appropriated by Congress for 

2 such international risk-sharing agreement; otherwise there 

3 is hereby appropriated, out of any money in the Treasury 

4 of the United States not otherwise appropriated, a sum 

5 sufficient to pay any such judgment or award or settle6 ment.’’. 

7 TITLE XIII—MATTERS RELATED 

8 TO DEFENSE AGAINST TER9 RORISM AND RELATED SECU10 RITY MATTERS 

11 SEC. 1301. RATIONALIZING REWARDS FOR ASSISTANCE IN 

12 COMBATING TERRORISM. 

13 Section 127b of title 10, United States Code, is 

14 amended— 

15 (1) in subsection (b), by striking ‘‘$200,000’’ 

16 and inserting ‘‘$5,000,000’’; 

17 (2) in subsection (c)(1)(B), by striking 

18 ‘‘$50,000’’ and inserting ‘‘$1,000,000’’; and 

19 (3) in subsection (d)(2), by striking 

20 ‘‘$100,000’’ and inserting ‘‘$2,000,000’’. 


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1 TITLE XIV—ADDITIONAL AU2 THORIZATIONS FOR IN3 CREASED COSTS DUE TO THE 

4 GLOBAL WAR ON TERROR 

5 FOR MILITARY ACTIVITIES 

6 AND MILITARY CONSTRUC7 TION FOR FISCAL YEAR 2008 

8 SEC. 1401. ARMY PROCUREMENT. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2008 for procurement for the Army as follows: 

11 (1) For aircraft, $1,900,306,000. 

12 (2) For missiles, $492,734,000. 

13 (3) For weapons and tracked combat vehicles, 

14 $4,780,172,000. 

15 (4) For ammunition, $313,000,000. 

16 (5) For other procurement, $13,630,977,000. 

17 SEC. 1402. NAVY AND MARINE CORPS PROCUREMENT. 

18 (a) NAVY.—Funds are hereby authorized to be appro19 priated for fiscal year 2008 for procurement for the Navy 

20 as follows: 

21 (1) For aircraft, $3,099,958,000. 

22 (2) For weapons, including missiles and tor23 pedoes, $251,281,000. 

24 (3) For other procurement, $793,311,000. 


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

2 be appropriated for fiscal year 2008 for procurement for 

3 the Marine Corps in the amount of $2,462,140,000. 

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

5 are hereby authorized to be appropriated for fiscal year 

6 2008 for procurement of ammunition for the Navy and 

7 Marine Corps in the amount of $590,090,000. 

8 SEC. 1403. AIR FORCE PROCUREMENT. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2008 for procurement for the Air Force as fol11 lows: 

12 (1) For aircraft, $3,336,809,000. 

13 (2) For ammunition, $74,005,000. 

14 (3) For missiles, $1,800,000. 

15 (4) For other procurement, $3,760,206,000. 

16 SEC. 1404. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2008 for Defense-wide procurement in the 

19 amount of $469,768,000. 

20 SEC. 1405. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

21 FUND. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2008 for the Joint Improvised Explosive Device 

24 Defeat Fund in the amount of $4,000,000,000. 


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1 SEC. 1406. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2008 for the use of the Department of Defense 

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

6 (1) For the Army, $141,653,000. 

7 (2) For the Navy, $618,428,000. 

8 (3) For the Air Force, $1,369,781,000. 

9 (4) For Defense-wide activities, $727,498,000. 

10 SEC. 1407. OPERATION AND MAINTENANCE FUNDING. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2008 for the use of the Armed Forces and other 

13 activities and agencies of the Department of Defense, for 

14 expenses, not otherwise provided for, for operation and 

15 maintenance, in amounts as follows: 

16 (1) For the Army, $46,230,964,000. 

17 (2) For the Navy, $5,426,407,000. 

18 (3) For the Marine Corps, $4,013,093,000. 

19 (4) For the Air Force, $10,536,330,000. 

20 (5) For the Defense-wide activities, 

21 $6,098,990,000. 

22 (6) For the Army Reserve, $158,410,000. 

23 (7) For the Navy Reserve, $69,598,000. 

24 (8) For the Marine Corps Reserve, $68,000,000 

25 (9) For the Army National Guard, 

26 $466,150,000. 


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1 (10) For the Air National Guard, $31,168,000. 

2 SEC. 1408. WORKING CAPITAL FUNDS. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2008 for the use of the Armed Forces and other 

5 activities and agencies of the Department of Defense for 

6 providing capital for working capital and revolving funds 

7 in amounts as follows: 

8 (1) For the Defense Working Capital Funds, 

9 $1,676,275,000. 

10 (2) For the National Defense Sealift Fund, 

11 $5,110,000. 

12 SEC. 1409. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

13 (a) DEFENSE HEALTH PROGRAM.—Funds are here14 by authorized to be appropriated for the Department of 

15 Defense for fiscal year 2008 for expenses, not otherwise 

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

17 amount of $1,022,842,000 is for Operation and Mainte18 nance. 

19 (b) DRUG INTERDICTION AND COUNTER DRUG AC20 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

21 to be appropriated for the Department of Defense for fis22 cal year 2008 for expenses, not otherwise provided for, for 

23 Drug Interdiction and Counter-Drug Activities, Defense24 wide, in the amount of $257,618,000. 


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1 (c) DEFENSE INSPECTOR GENERAL.—Funds are 

2 hereby authorized to be appropriated for the Department 

3 of Defense for fiscal year 2008 for expenses, not otherwise 

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

5 the Department of Defense, in the amount of $4,394,000, 

6 is for Operation and Maintenance. 

7 SEC. 1410. IRAQ FREEDOM FUND. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal year 2008 for the Iraq Freedom Fund in the amount 

10 of $107,500,000. 

11 SEC. 1411. AFGHANISTAN SECURITY FORCES FUND. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2008 for the Afghanistan Security Forces Fund 

14 in the amount of $2,700,000,000. 

15 SEC. 1412. IRAQ SECURITY FORCES FUND. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2008 for the Iraq Security Forces Fund in the 

18 amount of $2,000,000,000. 

19 SEC. 1413. ADDITIONAL END STRENGTHS FOR ACTIVE 

20 FORCES. 

21 In addition to the end strengths authorized in section 

22 401 of this Act, the Armed Forces are authorized addi23 tional strengths for active duty personnel as of September 

24 30, 2008, as follows: 

25 (1) The Army, 36,000. 


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1 (2) The Marine Corps, 9,000. 

2 SEC. 1414. MILITARY PERSONNEL. 

3 This section would authorize an additional 

4 $17,070,263,000 for military personnel. 

5 SEC. 1415. AUTHORIZED ARMY CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 Using amounts appropriated pursuant to the author8 ization of appropriations in section 1415(1), the Secretary 

9 of the Army may acquire real property and carry out mili10 tary construction projects for the installations or locations 

11 outside the United States, and in the amounts set forth 

12 in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ........................ Bagram Air Base ................................... 103,000,000 

Iraq .................................... Camp Adder ........................................... 80,650,000 

Al Asad .................................................. 86,100,000 

Camp Anaconda ..................................... 88,200,000 

Fallujah ................................................. 880,000 

Camp Marez .......................................... 880,000 

Mosul ..................................................... 43,000,000 

Q-West ................................................... 26,000,000 

Camp Ramadi ........................................ 880,000 

Scania .................................................... 5,000,000 

Camp Speicher ....................................... 103,700,00 

Camp Taqqadum ................................... 880,000 

Tikrit ..................................................... 43,000,000 

Camp Victory ......................................... 34,400,000 

Camp Warrior ........................................ 880,000 

Various Locations .................................. 102,000,000 

Total .................................................... 719,450,000 

13 SEC. 1416. MILITARY CONSTRUCTION AUTHORIZATION OF 

14 APPROPRIATIONS, ARMY. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal years beginning after September 30, 2007, for miliVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 tary construction, land acquisition, and military family 

2 housing functions of the Department of the Army in the 

3 total amount of $738,850,000 as follows: 

4 (1) For military construction projects outside 

5 the United States authorized by section 607(a), 

6 $719,450,000. 

7 (2) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $19,400,000. 

10 SEC. 1417. AUTHORIZED NAVY CONSTRUCTION AND LAND 

11 ACQUISITION PROJECTS. 

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 1417(1), the Secretary 

14 of the Navy may acquire real property and carry out mili15 tary construction projects for the installations or locations 

16 inside the United States, and in the amounts set forth 

17 in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

California ........................... Camp Pendleton .................................... 102,034,000 

Twenty-Nine Palms ............................... 4,440,000 

North Carolina ................... Camp Lejeune ........................................ 43,340,000 

Total .................................................... 149,814,000 

18 SEC. 1418. MILITARY CONSTRUCTION AUTHORIZATION OF 

19 APPROPRIATIONS, NAVY. 

20 Subject to section 2825 of title 10, United States 

21 Code, funds are hereby authorized to be appropriated for 


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1 fiscal years beginning after September 30, 2007, for mili2 tary construction, land acquisition, and military family 

3 housing functions of the Department of the Navy in the 

4 total amount of $169,071,000, as follows: 

5 (1) For military construction projects inside the 

6 United States authorized by section 2201(a), 

7 $149,814,000. 

8 (2) For architectural and engineering services 

9 and construction design under section 2807 of title 

10 10, United States Code, $7,491,000. 

11 (3) For construction and acquisition, planning 

12 and design, and improvement of military family 

13 housing and facilities, $11,766,000. 

14 DIVISION B—MILITARY CON15 STRUCTION AUTHORIZA16 TIONS 

17 SEC. 2001. SHORT TITLE. 

18 This division may be cited as the ‘‘Military Construc19 tion Authorization Act for Fiscal Year 2007’’. 

20 TITLE XXI—ARMY 

21 [TO BE SUBMITTED AT A LATER DATE] 

22 TITLE XXII—NAVY 

23 [TO BE SUBMITTED AT A LATER DATE] 

24 TITLE XXIII—AIR FORCE 

25 [TO BE SUBMITTED AT A LATER DATE] 


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1 TITLE XXIV—DEFENSE 

2 AGENCIES 

3 [TO BE SUBMITTED AT A LATER DATE] 

4 TITLE XXV—NORTH ATLANTIC 

5 TREATY ORGANIZATION SE6 CURITY INVESTMENT PRO7 GRAM 

8 [TO BE SUBMITTED AT A LATER DATE] 

9 TITLE XXVI—CHEMICAL DEMILI10 TARIZATION CONSTRUCTION 

11 PROGRAM 

12 [TO BE SUBMITTED AT A LATER DATE] 

13 TITLE XXVII—GUARD AND 

14 RESERVE FORCES FACILITIES 

15 [TO BE SUBMITTED AT A LATER DATE] 

16 TITLE XXVIII—EXPIRATION AND 

17 EXTENSION OF AUTHORIZA18 TIONS 

19 [TO BE SUBMITTED AT A LATER DATE] 


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1 TITLE XXIX—MILITARY CON2 STRUCTION GENERAL PROVI3 SIONS 

4 Subtitle A—Military Construction 

5 Program and Military Family 

6 Housing Changes 

7 SEC. 2901. ALTERNATIVE AUTHORITY FOR ACQUISITION 

8 AND IMPROVEMENT OF MILITARY HOUSING. 

9 Section 2883(c) of title 10, United States Code, is 

10 amended— 

11 (1) in paragraph (1), by adding at the end the 

12 following new subparagraph: 

13 ‘‘(G) Subject to subsection (f), any 

14 amounts that the Secretary of Defense trans15 fers to that Fund from amounts in the Depart16 ment of Defense Base Closure Account 2005.’’; 

17 and 

18 (2) in paragraph (2), by adding at the end the 

19 following new subparagraph: 

20 ‘‘(G) Subject to subsection (f), any 

21 amounts that the Secretary of Defense trans22 fers to that Fund from amounts in the Depart23 ment of Defense Base Closure Account 2005.’’. 


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1 SEC. 2902. INCREASED THRESHOLD FOR CONGRESSIONAL 

2 NOTIFICATION OF LEASES FOR MILITARY 

3 FAMILY HOUSING FACILITIES IN A FOREIGN 

4 COUNTRY. 

5 Section 2828(f) of title 10, United States Code, is 

6 amended by striking ‘‘$500,000’’ and inserting 

7 ‘‘$1,000,000’’. 

8 SEC. 2903. UPDATING FOREIGN CURRENCY FLUCTUATION 

9 ADJUSTMENT FOR CERTAIN MILITARY FAM10 ILY HOUSING LEASES IN KOREA. 

11 Section 2828(e)(5)(A) of title 10, United States 

12 Code, is amended to read as follows: 

13 ‘‘(A) for— 

14 ‘‘(i) foreign currency fluctuations 

15 from October 1, 1987, in the case of max16 imum lease amounts provided for under 

17 paragraphs (1), (2), and (3); or 

18 ‘‘(ii) foreign currency appreciation 

19 during the previous fiscal year, starting 

20 from October 1, 2002, in the case of the 

21 maximum lease amount provided for under 

22 paragraph (4); and’’. 

23 SEC. 2904. FLEXIBILITY IN DETERMINING DOMESTIC FAM24 ILY HOUSING LEASE MAXIMUMS. 

25 Section 2828(b) of title 10, United States Code, is 

26 amended— 


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1 (1) in paragraph (2), by striking ‘‘paragraphs 

2 (3) and (4)’’ and inserting ‘‘paragraphs (3), (4), and 

3 (7)’’; and 

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

5 paragraph: 

6 ‘‘(7) The Secretary of the Army may lease not 

7 more than 600 of the 10,000 family housing units 

8 provided in paragraph (1) at an amount not greater 

9 than 33 percent above the maximum lease amount 

10 under paragraph (3), as adjusted under paragraph 

11 (5) for the fiscal year in which a unit is leased under 

12 this paragraph. The maximum lease amount pro13 vided in this paragraph shall apply only to Army 

14 family housing in areas designated by the Secretary 

15 of the Army and for leases not to exceed a term of 

16 2 years.’’. 

17 SEC. 2905. EXTENSION OF AUTHORITY TO ACCEPT EQUALI18 ZATION PAYMENTS FOR FACILITY EX19 CHANGES. 

20 Paragraph (5) of section 2809(c) of the Ronald W. 

21 Reagan National Defense Authorization Act for Fiscal 

22 Year 2005 (Public Law 108–375; 118 Stat. 2126) is 

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

24 ‘‘September 30, 2010’’. 


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1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2911. CONSOLIDATION OF REAL PROPERTY PROVI4 SIONS WITHOUT SUBSTANTIVE CHANGE. 

5 (a) CONSOLIDATION.—Section 2663 of title 10, 

6 United States Code, is amended by adding at the end the 

7 following new subsection: 

8 ‘‘(h) OPTIONS FOR MILITARY CONSTRUCTION

9 PROJECTS.—(1) The Secretary of a military department 

10 may acquire an option on a parcel of real property before 

11 or after its acquisition is authorized by law, if he considers 

12 it suitable and likely to be needed for a military project 

13 of his department. 

14 ‘‘(2) As consideration for an option acquired under 

15 paragraph (1), the Secretary may pay, from funds avail16 able to his department for real property activities, an 

17 amount that is not more than 12 percent of the appraised 

18 fair market value of the property.’’. 

19 (b) CONFORMING AMENDMENTS.—(1) Section 2677 

20 of such title is repealed. 

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

22 159 of such title is amended by striking the item relating 

23 to section 2677. 


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1 SEC. 2912. TRANSFER OF THE AIR FORCE MEMORIAL TO 

2 THE DEPARTMENT OF THE AIR FORCE. 

3 (a) TRANSFER OF JURISDICTION.—Notwithstanding 

4 any other provision of section 2863 of the National De5 fense Authorization Act for Fiscal Year 2002 (Public Law 

6 107–107; 115 Stat. 1330), and section 2881 of the Na7 tional Defense Authorization Act for Fiscal Year 2000 

8 (Public Law 106–65; 113 Stat. 879), administrative juris9 diction, custody, and control of the parcel of land de10 scribed in section 2863(b)(1) of the National Defense Au11 thorization Act for Fiscal Year 2002 is hereby transferred 

12 to the Secretary of the Air Force. 

13 (b) ACCESS AND MANAGEMENT OF THE AIR FORCE

14 MEMORIAL.—In addition to existing authorities, the Sec15 retary of the Air Force may enter into a cooperative agree16 ment with the Air Force Memorial Foundation or other 

17 appropriate private organizations to provide management, 

18 maintenance and repair of the Air Force Memorial and 

19 surrounding site and to guarantee public access to the me20 morial. 

21 Subtitle C—Land Conveyances 

22 SEC. 2921. LAND TRANSFER OF ARLINGTON NAVAL ANNEX 

23 TO ARLINGTON NATIONAL CEMETERY. 

24 Section 2881(h) of the National Defense Authoriza25 tion Act for Fiscal Year 2000 (Public Law 106–65; 113 


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1 Stat. 879), is amended by striking paragraphs (1) and (2) 

2 and inserting the following new paragraphs: 

3 ‘‘(1) January 1, 2013; 

4 ‘‘(2) the date when the Arlington Naval Annex 

5 property is no longer required (as determined by the 

6 Secretary of Defense) for use as temporary office 

7 space; or 

8 ‘‘(3) twelve months after the date the Secretary 

9 of the Army notifies the Secretary of Defense that 

10 the Arlington Naval Annex property is needed for 

11 the expansion of Arlington National Cemetery.’’. 

12 Subtitle D—Other Matters 

13 SEC. 2931. AUTHORITY TO USE OPERATION AND MAINTE14 NANCE FUNDS FOR CONSTRUCTION 

15 PROJECTS OUTSIDE THE UNITED STATES. 

16 (a) IN GENERAL.—Chapter 169 of title 10, United 

17 States Code, is amended by inserting after section 2809 

18 the following new section: 

19 ‘‘§ 2810. Authority to use operation and maintenance 

20 funds for construction projects outside 

21 the United States 

22 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

23 obligate appropriated funds available for operation and 

24 maintenance to carry out a construction project outside 


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1 the United States that the Secretary determines meets 

2 each of the following conditions: 

3 ‘‘(1) The construction is necessary to meet ur4 gent military operational requirements involving the 

5 use of the armed forces in support of a declaration 

6 of war, the declaration by the President of a na7 tional emergency under section 201 of the National 

8 Emergencies Act (50 U.S.C. 1621), or a contingency 

9 operation. 

10 ‘‘(2) The requirement is of a temporary nature, 

11 such that there is no intention of using the construc12 tion after the operational requirements have been 

13 satisfied. 

14 ‘‘(3) The level of construction is the minimum 

15 necessary to meet the temporary operational require16 ments. 

17 ‘‘(b) LIMITATION ON USE OF AUTHORITY.—(1) The 

18 total cost of the construction projects carried out under 

19 this section shall not exceed $200,000,000 in any fiscal 

20 year. 

21 ‘‘(2) The Secretary of Defense may waive the 

22 limitation imposed by paragraph (1) if the Secretary 

23 determines that the obligation of operation and 

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1 cess of the amount specified in such paragraph is 

2 vital to the national security. 

3 ‘‘(3) Upon use of the waiver authority granted 

4 by paragraph (2), the Secretary shall notify the Of5 fice of Management and Budget of the amounts of 

6 operation and maintenance funds obligated in excess 

7 of $200,000,000 along with a description of the 

8 projects so funded. 

9 ‘‘(c) RELATION TO OTHER AUTHORITIES.—The au10 thority provided by this section, and the limited authority 

11 provided by section 2805(c) of this title, are the only au12 thorities available to the Secretary of Defense and the Sec13 retaries of the military departments to use appropriated 

14 funds available for operation and maintenance to carry out 

15 construction projects.’’. 

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

17 at the beginning of such chapter is amended by inserting 

18 after the item relating to section 2809 the following new 

19 item: 

‘‘2810. Authority to use operation and maintenance funds for construction 

projects outside the United States.’’. 

20 SEC. 2932. STREAMLINING MILITARY CONSTRUCTION TO 

21 REDUCE FACILITY ACQUISITION AND CON22 STRUCTION CYCLE TIME. 

23 Section 2805 of title 10, United States Code, is 

24 amended— 


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1 (1) in subsection (a)(1)— 

2 (A) by striking ‘‘$1,500,000’’ and inserting 

3 ‘‘$3,000,000’’; and 

4 (B) by striking ‘‘$3,000,000’’ in the last 

5 sentence and inserting ‘‘$7,000,000’’; 

6 (2) in subsection (b)(1), by striking ‘‘$750,000’’ 

7 and inserting ‘‘$1,500,000’’; and 

8 (3) in subsection (c)(1)— 

9 (A) in subparagraph (A)— 

10 (i) by striking ‘‘$1,500,000’’ and in11 serting ‘‘$3,000,000’’; and 

12 (ii) by striking ‘‘or’’ at the end; 

13 (B) in subparagraph (B)— 

14 (i) by striking ‘‘$750,000’’ and insert15 ing ‘‘$1,500,000’’; and 

16 (ii) by striking the period at the end 

17 and inserting ‘‘; or’’ and 

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

19 subparagraph: 

20 ‘‘(C) $2,000,000, in cases where the dis21 posal of obsolete facilities as part of the project 

22 results in a reduction in facility footprint at 

23 least equal to the footprint of the new facility. 

24 The approving official must certify the demoliVerDate Aug 31 2005 19:53 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567

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1 tion (or disposal by other means) of the offset2 ting facility.’’. 

3 SEC. 2933. AMENDMENT OF THE FEDERAL LAND POLICY 

4 AND MANAGEMENT ACT OF 1976 TO INCLUDE 

5 NEVADA AS A STATE WHERE THE MILITARY 

6 CAN ACCESS PUBLIC LAND VIA A PERMIT 

7 GRANTED BY THE SECRETARY OF THE INTE8 RIOR. 

9 Section 302(d) of the Federal Land Policy and Man10 agement Act of 1976 (43 U.S.C. 1732) is amended— 

11 (1) by inserting ‘‘or Nevada, as appropriate,’’ 

12 after ‘‘Governor of Alaska’’; and 

13 (2) by inserting ‘‘or Nevada, as appropriate,’’ 

14 after ‘‘Recreation Area)’’. 

Æ 


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