I 

110TH CONGRESS 

1ST SESSION H. R. 1585 

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 HOUSE OF REPRESENTATIVES 

MARCH 20, 2007 

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

following bill; which was 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. Enhanced encroachment protection. 

Sec. 315. 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. Reasonable restrictions on the payment of full replacement value for 

personal property claims of civilians. 

Sec. 335. Revised authority for Army industrial facilities to engage in cooperative activities with non-Army entities. 

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. Temporary suspension of eligibility for education benefit. 

Sec. 509. Increased tenure for general and flag officers. 

Sec. 510. 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—Other Matters 

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

Army Reserve and National Guard program. 

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. 

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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. 

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

Sec. 615. Exception to 25 years of active duty limit for receipt of critical skills 

retention bonus. 

Sec. 616. Enhancement of Referral Bonus to Encourage Service in the Army. 

Sec. 617. Enhancement of Selected Reserve accession bonus authority. 

Sec. 618. Special pay: reenlistment bonus for members of the Selected Reserve. 

Sec. 619. Increase in incentive special pay and multiyear retention bonus for 

medical officers of the armed forces. 

Sec. 620. Increase in dental officer additional special pay. 

Sec. 621. Accession bonus for participants in the armed forces health professional scholarship and financial assistance program. 

Sec. 622. Accession bonus for members appointed as commissioned officers 

after attending officer candidate school. 

Subtitle C—Retired Pay and Survivor Benefits 

Sec. 631. Waiver of recoupment of overpayments of retired pay to spouse or 

former spouse as a result of retroactive disability determination. 

Sec. 632. Survivor benefit plan; extension of period for election deemed to have 

been made. 

Sec. 633. Allowing member to submit application for direct payment. 

Sec. 634. Division of retired pay to be based on member’s length of service and 

pay grade at time of divorce. 

Sec. 635. Increases for divisions of retired pay expressed as a dollar amount. 

Sec. 636. Revocation of ten-year rule for direct payment of retired pay. 

Sec. 637. Survivor benefit plan; multiple beneficiaries. 

Sec. 638. Survivor benefit plan; financial responsibility for survivor benefit plan 

participation. 

Sec. 639. 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 

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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. Allow member to waive notice and provide court order upon request. 

Sec. 655. Disregard periods of confinement for dependent victims of abuse. 

Sec. 656. Clarifying amendment regarding jurisdiction for purposes of allocation of retired pay under the Uniformed Services Former 

Spouse Protection Act. 

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. Minimum annual purchase for Civil Reserve Air Fleet contracts. 

Sec. 804. 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. Revitalization of Department of Defense laboratories. 

Sec. 812. Extension of the authority to carry out certain prototype projects. 

Sec. 813. Multiyear procurement authority for electricity from renewable energy 

sources. 

Sec. 814. Exemption for Special Operations Command. 

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. 

Subtitle B—Chemical Demilitarization Program 

Sec. 911. Change in termination requirement for Chemical Demilitarization 

Citizens’ Advisory Commissions. 

Subtitle C—Intelligence-Related Matters 

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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. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Short-term investment of burden sharing contributions from Republic of Korea. 

Sec. 1002. 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. 

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

Sec. 1043. Prompt conversion of Army forces in Hawaii. 

Sec. 1044. Expand cooperative agreement authority for management of cultural 

resources to include off-installation mitigation. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Increase in authorized number of defense intelligence senior executive service employees. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. 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 

Sec. 1221. Amendment to the composition of the Board of Visitors of the Western Hemisphere Institute for Security Cooperation. 

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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 

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

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2006 

projects. 

TITLE XXII—NAVY 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out certain fiscal year 2006 

projects. 

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TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorized base closure and realignment activities funded through 

Department of Defense Base Closure Account 2005. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—CHEMICAL DEMILITARIZATION PROGRAM 

Sec. 2601. Authorization of appropriations, chemical demilitarization construction, defense-wide. 

TITLE XXVII—GUARD AND RESERVE FORCES FACILITIES 

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

projects. 

TITLE XXVIII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

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

by law. 

Sec. 2802. Extension of authorizations of certain fiscal year 2005 projects. 

Sec. 2803. Extension of authorizations of certain fiscal year 2004 projects. 

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. 

Sec. 2906. Flexible financing of military housing privatization initiative. 

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. 

Sec. 2913. Expansion of authority to exchange reserve component facilities. 

Subtitle C—Land Conveyances 

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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. 

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. 

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1 (3) For shipbuilding and conversion, 

2 $13,656,120,000. 

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

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

5 be appropriated for fiscal year 2008 for procurement for 

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

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

8 are hereby authorized to be appropriated for fiscal year 

9 2008 for procurement of ammunition for the Navy and 

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

11 SEC. 103. AIR FORCE. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2008 for procurement for the Air Force as fol14 lows: 

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

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

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

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

19 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2008 for Defense-wide procurement in the 

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

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1 SEC. 105. RAPID ACQUISITION FUND. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2008 for Rapid Acquisition Fund in the 

4 amount of $100,000,000. 

5 SEC. 106. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

6 FUND. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2008 for Joint Improvised Explosive Device 

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

10 Subtitle B—Army Programs 

11 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

12 ARMY PROGRAMS. 

13 Beginning with the fiscal year 2008 program year, 

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

15 2306b of title 10, United States Code, enter into multi16 year contracts for procurement of the following: 

17 (1) Army Ch-Chinook Helicopter; 

18 (2) M1A2 Abrams System Enhancement Pack19 age upgrades, and 

20 (3) M2A3/M3A3 Bradley upgrades. 

21 Subtitle C—Navy Programs 

22 SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR23 GINIA CLASS SUBMARINE PROGRAM. 

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

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

26 Code, enter into multiyear contracts, beginning with the 

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1 fiscal year 2009 program year, for the procurement of Vir2 ginia-class submarines and government-furnished equip3 ment. 

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

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

6 until— 

7 (1) the Secretary submits to the congressional 

8 defense committees a certification that the Secretary 

9 has made each of the findings with respect to such 

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

11 of title 10, United States Code; and 

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

13 date of the transmission of such certification. 

14 TITLE II—RESEARCH, DEVELOP15 MENT, TEST, AND EVALUA16 TION 

17 Subtitle A—Authorization of 

18 Appropriations 

19 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

20 Funds are hereby authorized to be appropriated for 

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

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

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

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

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

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1 (4) For Defense-wide activities, 

2 $20,740,114,000, of which $180,264,000 is author3 ized for the Director of Operational Test and Eval4 uation. 

5 Subtitle B—Missile Defense 

6 Programs 

7 SEC. 211. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA8 BILITIES. 

9 Upon approval by the Secretary of Defense, funds au10 thorized to be appropriated for fiscal year 2009 for re11 search, development, test, and evaluation for the Missile 

12 Defense Agency may be used for the development and 

13 fielding of ballistic missile defense capabilities. 

14 TITLE III—OPERATION AND 

15 MAINTENANCE 

16 Subtitle A—Authorization of 

17 Appropriations 

18 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

19 Funds are hereby authorized to be appropriated for 

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

21 activities and agencies of the Department of Defense, for 

22 expenses, not otherwise provided for, for operation and 

23 maintenance, in amounts as follows: 

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

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

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

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

3 (5) For the Defense-wide activities, 

4 $22,574,278,000. 

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

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

7 (8) For the Marine Corps Reserve, 

8 $208,637,000. 

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

10 (10) For the Army National Guard, 

11 $5,840,209,000. 

12 (11) For the Air National Guard, 

13 $5,041,965,000. 

14 (12) For the United States Court of Appeals 

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

16 (13) For Environmental Restoration, Army, 

17 $434,879,000. 

18 (14) For Environmental Restoration, Navy, 

19 $300,591,000. 

20 (15) For Environmental Restoration, Air Force, 

21 $458,428,000. 

22 (16) For Environmental Restoration, Defense23 wide, $12,751,000. 

24 (17) For Environmental Restoration, Formerly 

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

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1 (18) For Overseas Humanitarian, Disaster, and 

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

3 (19) For Former Soviet Union Threat Reduc4 tion programs, $348,048,000. 

5 (20) For the Overseas Contingency Operations 

6 Transfer Fund, $5,000,000. 

7 SEC. 302. WORKING CAPITAL FUNDS. 

8 Funds are hereby authorized to be appropriated for 

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

10 activities and agencies of the Department of Defense for 

11 providing capital for working capital and revolving funds 

12 in amounts as follows: 

13 (1) For the Defense Working Capital Funds, 

14 $1,352,746,000. 

15 (2) For the National Defense Sealift Fund, 

16 $1,079,094,000. 

17 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

18 (a) DEFENSE HEALTH PROGRAM.—Funds are here19 by authorized to be appropriated for the Department of 

20 Defense for fiscal year 2008 for expenses, not otherwise 

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

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

23 (1) $20,182,381,000 is for Operation and 

24 Maintenance; 

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1 (2) $134,482,000 is for Research, Development, 

2 Test, and Evaluation; and 

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

4 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC5 TION, ARMY.— 

6 (1) AUTHORIZATION OF APPROPRIATIONS.— 

7 Funds are hereby authorized to be appropriated for 

8 the Department of Defense for fiscal year 2008 for 

9 expenses, not otherwise provided for, for Chemical 

10 Agents and Munitions Destruction, in the amount of 

11 $1,455,724,000, of which— 

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

13 Maintenance; 

14 (B) $221,212,000 is for Research, Devel15 opment, Test, and Evaluation; and 

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

17 (2) USE.—Amounts authorized to be appro18 priated under paragraph (1) are authorized for— 

19 (A) the destruction of lethal chemical 

20 agents and munitions in accordance with sec21 tion 1412 of the Department of Defense Au22 thorization Act, 1986 (50 U.S.C. 1521); and 

23 (B) the destruction of chemical warfare 

24 materiel of the United States that is not cov25 ered by section 1412 of such Act. 

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1 (c) DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

3 to be appropriated for the Department of Defense for fis4 cal year 2008 for expenses, not otherwise provided for, for 

5 Drug Interdiction and Counter-Drug Activities, Defense6 wide, in the amount of $936,822,000. 

7 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

8 hereby authorized to be appropriated for the Department 

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

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

11 the Department of Defense, in the amount of 

12 $215,995,000, of which— 

13 (1) $214,995,000 is for Operation and Mainte14 nance; and 

15 (2) $1,000,000 is for Procurement. 

16 Subtitle B—Environmental 

17 Provisions 

18 SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC19 TION AGENCY FOR CERTAIN COSTS IN CON20 NECTION WITH THE ARCTIC SURPLUS SUPER21 FUND SITE, FAIRBANKS, ALASKA. 

22 From funds authorized to be appropriated by section 

23 301(16) for Environmental Restoration, Defense-wide, the 

24 Secretary of Defense may, notwithstanding section 2215 

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

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1 $186,625.38 to the Hazardous Substance Superfund to 

2 reimburse the Environmental Protection Agency for costs 

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

4 Matter of Arctic Surplus Superfund Site, U.S. EPA Dock5 et Number CERCLA–10–2003–0114: Administrative 

6 Order on Consent for Remedial Design and Remedial Ac7 tion,’’ entered into by the Department of Defense and the 

8 Environmental Protection Agency on December 11, 2003. 

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

10 CONNECTION WITH JACKSON PARK HOUSING 

11 COMPLEX, WASHINGTON. 

12 From funds authorized to be appropriated by section 

13 301(14) for operation and maintenance for Environmental 

14 Restoration, Navy, the Secretary of the Navy may, not15 withstanding section 2215 of title 10, United States Code, 

16 transfer not more than $40,000.00 to the Hazardous Sub17 stance Superfund to pay a stipulated penalty assessed by 

18 the Environmental Protection Agency on October 25, 

19 2005, against the Jackson Park Housing Complex, Wash20 ington, for the Navy’s failure to timely submit a draft final 

21 Phase II Remedial Investigation Work Plan for the Jack22 son Park Housing Complex Operable Unit (OU–3T– 

23 JPHC) pursuant to a schedule included in an Interagency 

24 Agreement (Administrative Docket No. CERCLA–10– 

25 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. ENHANCED ENCROACHMENT PROTECTION. 

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

3 amended— 

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

5 and (6) as paragraphs (4), (5), (6), and (7), respec6 tively; 

7 (2) by inserting after paragraph (2) the fol8 lowing new paragraph (3): 

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

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

11 management of natural resources and the contribu12 tion by the United States towards natural resource 

13 management costs on any real property in which a 

14 military department has acquired any right title or 

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

16 there is a demonstrated need to preserve or restore 

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

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

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

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

21 end and inserting ‘‘equal to— 

22 ‘‘(i) the fair market value of any prop23 erty or interest in property to be trans24 ferred to the United States upon the re25 quest of the Secretary concerned under 

26 paragraph (5); or 

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

2 concerned, the cumulative fair market 

3 value of all properties or interests to be 

4 transferred to the United States under 

5 paragraph (5) pursuant to an agreement 

6 under subsection (a).’’. 

7 SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTEC8 TION AGENCY FOR CERTAIN COSTS IN CON9 NECTION WITH MOSES LAKE WELLFIELD 

10 SUPERFUND SITE, MOSES LAKE, WASH11 INGTON. 

12 From funds authorized to be appropriated by section 

13 301(16) for Environmental Restoration, Defense-wide, the 

14 Secretary of Defense may, notwithstanding section 2215 

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

16 $91,588.51 to the Moses Lake Wellfield Superfund Site 

17 10–6J Special Account to reimburse the Environmental 

18 Protection Agency for costs incurred pursuant to a reme19 dial investigation/feasibility study performed by the De20 partment of the Army under the Defense Environmental 

21 Restoration Program at the former Larson Air Force 

22 Base, Moses Lake Superfund Site, Moses Lake, Wash23 ington, provided for in the interagency agreement entered 

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1 mental Protection Agency for the Moses Lake Wellfield 

2 Superfund Site in March 1999. 

3 Subtitle C—Workplace and Depot 

4 Issues 

5 SEC. 321. MODIFICATION OF PROHIBITION ON CONTRACTS 

6 FOR PERFORMANCE OF FIREFIGHTING OR 

7 SECURITY-GUARD FUNCTIONS. 

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

9 is amended by inserting ‘‘or security-guard’’ after ‘‘fire10 fighting’’ both places it appears. 

11 SEC. 322. FLEXIBILITY IN USE OF LOW DENSITY/HIGH DE12 MAND MILITARY PERSONNEL. 

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

14 States Code, is amended to read as follows: 

15 ‘‘(4) A contract for the performance of security16 guard or firefighting functions that the Secretary of 

17 Defense determines are, or otherwise would be, per18 formed by members of the armed forces.’’. 

19 Subtitle D—Other Matters 

20 SEC. 331. REIMBURSEMENT FOR NATIONAL GUARD MILI21 TARY SUPPORT TO CIVILIAN LAW ENFORCE22 MENT. 

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

24 amended— 

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1 (1) in subsection (a), by striking ‘‘To’’ and in2 serting ‘‘Subject to subsection (c), to’’; 

3 (2) by redesignating subsection (b) as sub4 section (c); 

5 (3) by inserting after subsection (a) the fol6 lowing new subsection (b): 

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

8 Defense shall require a federal civilian law enforcement 

9 agency to which support is provided by National Guard 

10 personnel authorized to perform other duty under section 

11 502(f) of title 32, to reimburse the Department of Defense 

12 for the costs of that support, notwithstanding any other 

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

14 apply to such support. 

15 ‘‘(2) Any funds received by the Department of De16 fense as reimbursement for support provided by units or 

17 members of the National Guard under this subsection 

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

19 to: 

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

21 to fund the support; or 

22 ‘‘(B) the appropriate appropriation, fund, or ac23 count currently available for such purpose.’’; and 

24 (4) in subsection (c), as redesignated by para25 graph (2)— 

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

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

3 32’’ after ‘‘under this chapter’’; and 

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

5 units or members of the National Guard’’ after 

6 ‘‘Department of Defense’’. 

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

8 FOREIGN CURRENCY FLUCTUATIONS AC9 COUNT. 

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

11 amended— 

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

13 and inserting ‘‘fifth’’; and 

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

15 and inserting ‘‘fifth’’. 

16 SEC. 333. AVAILABILITY OF APPROPRIATIONS FOR UN17 USUAL COST OVERRUNS AND FOR CHANGES 

18 IN SCOPE OF WORK FOR SHIP OVERHAUL, 

19 MAINTENANCE, AND REPAIR. 

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

21 States Code, is amended— 

22 (1) in subsection (a), by striking ‘‘an industrial23 fund activity’’ and inserting ‘‘a Center of Industrial 

24 and Technical Excellence’’; and 

25 (2) in subsection (b)(1)— 

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1 (A) by striking ‘‘for payments to an indus2 trial-fund activity’’ and inserting ‘‘for costs in3 curred by a Center of Industrial and Technical 

4 Excellence’’; and 

5 (B) by striking ‘‘the industrial-fund activ6 ity’’ and inserting ‘‘the Center of Industrial and 

7 Technical Excellence’’. 

8 (b) CLERICAL AMENDMENT.—(1) Such section is fur9 ther amended by amending the section heading to read 

10 as follows: 

11 ‘‘§ 7313. Availability of appropriations for unusual 

12 cost overruns and for changes in scope of 

13 work for ship overhaul, maintenance, and 

14 repair’’; 

15 and 

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

17 633 of such title is amended by striking the item relating 

18 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.’’. 

19 SEC. 334. REASONABLE RESTRICTIONS ON THE PAYMENT 

20 OF FULL REPLACEMENT VALUE FOR PER21 SONAL PROPERTY CLAIMS OF CIVILIANS. 

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

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

24 ‘‘The regulations may require members of the armed 

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1 forces or civilian employees of the Department of Defense 

2 to comply with reasonable restrictions in order to receive 

3 benefits under this section.’’. 

4 SEC. 335. REVISED AUTHORITY FOR ARMY INDUSTRIAL FA5 CILITIES TO ENGAGE IN COOPERATIVE AC6 TIVITIES WITH NON-ARMY ENTITIES. 

7 Section 4544 of title 10, United States Code, is 

8 amended— 

9 (1) in subsection (a), by adding at the end the 

10 following new sentence: ‘‘The Army is authorized not 

11 more than eight contracts or cooperative arrange12 ments in total under this section.’’; and 

13 (2) by striking subsection (k). 

14 TITLE IV—MILITARY 

15 PERSONNEL AUTHORIZATIONS 

16 Subtitle A—Active Forces 

17 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

18 The Armed Forces are authorized strengths for active 

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

20 (1) The Army, 489,400. 

21 (2) The Navy, 328,400. 

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

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

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1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

4 strengths for Selected Reserve personnel of the reserve 

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

6 (1) The Army National Guard of the United 

7 States, 351,300. 

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

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

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

11 (5) The Air National Guard of the United 

12 States, 106,700. 

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

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

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

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

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

20 such component which are on active duty (other 

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

22 (2) the total number of individual members not 

23 in units organized to serve as units of the Selected 

24 Reserve of such component who are on active duty 

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1 pation in training) without their consent at the end 

2 of the fiscal year. 

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

5 strength prescribed for such fiscal year for the Selected 

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

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

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

10 DUTY IN SUPPORT OF THE RESERVES. 

11 Within the end strengths prescribed in section 

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

13 authorized, as of September 30, 2008, the following num14 ber of Reserves to be serving on full-time active duty or 

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

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

18 (1) The Army National Guard of the United 

19 States, 29,204. 

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

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

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

23 (5) The Air National Guard of the United 

24 States, 13,936. 

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

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1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

2 (DUAL STATUS). 

3 The minimum number of military technicians (dual 

4 status) as of the last day of fiscal year 2008 for the re5 serve components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall 

7 be the following: 

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

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

10 States, 26,502. 

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

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

13 States, 22,553. 

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

15 NON-DUAL STATUS TECHNICIANS. 

16 (a) LIMITATIONS.— 

17 (1) NATIONAL GUARD.—Within the limitation 

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

19 States Code, the number of non-dual status techni20 cians employed by the National Guard as of Sep21 tember 30, 2008, may not exceed the following: 

22 (A) For the Army National Guard of the 

23 United States, 1,600. 

24 (B) For the Air National Guard of the 

25 United States, 350. 

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

2 status technicians employed by the Army Reserve as 

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

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

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

7 90. 

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

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

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

11 United States Code. 

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

14 OPERATIONAL SUPPORT. 

15 During fiscal year 2008, the maximum number of 

16 members of the reserve components of the Armed Forces 

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

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

19 States Code, is the following: 

20 (1) The Army National Guard of the United 

21 States, 17,000. 

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

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

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

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1 (5) The Air National Guard of the United 

2 States, 16,000. 

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

4 Subtitle C—Authorization of 

5 Appropriations 

6 SEC. 421. MILITARY PERSONNEL. 

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

8 appropriated for military personnel. 

9 SEC. 422. ARMED FORCES RETIREMENT HOME. 

10 There is hereby authorized to be appropriated for fis11 cal year 2008 for the Armed Forces Retirement Home the 

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

13 Retirement Home, including the United States Soldiers’ 

14 and Airmens’ Home and the Naval Home. 

15 TITLE V—MILITARY PERSONNEL 

16 POLICY 

17 Subtitle A—Officer Personnel 

18 Policy 

19 SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR 

20 ARMY OFFICERS ON ACTIVE DUTY IN THE 

21 GRADE OF MAJOR TO MEET NEW FORCE 

22 STRUCTURE REQUIREMENTS. 

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

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

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

2 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’’. 

3 SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR 

4 NAVY OFFICERS ON ACTIVE DUTY IN THE 

5 GRADES OF LIEUTENANT COMMANDER, COM6 MANDER, AND CAPTAIN TO MEET NEW FORCE 

7 STRUCTURE REQUIREMENTS. 

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

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

10 headings ‘‘Lieutenant Commander,’’ ‘‘Commander,’’ and 

11 ‘‘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 

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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’’. 

1 SEC. 503. ENHANCED AUTHORITY FOR RESERVE GENERAL 

2 AND FLAG OFFICERS TO SERVE ON ACTIVE 

3 DUTY. 

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

5 amended to read as follows: 

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

7 limitations of this section do not apply to a reserve compo8 nent general or flag officer who is— 

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

10 ‘‘(B) on active duty under a call or order speci11 fying a period of less than 180 days. 

12 ‘‘(2) Notwithstanding the limitation in paragraph 

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

14 than ten percent of the number of officers authorized 

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

16 to exceed 365 days. In determining the maximum number 

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

18 under this paragraph, any fraction shall be rounded down 

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

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

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1 SEC. 504. REENLISTMENT OF OFFICERS IN THEIR FORMER 

2 ENLISTED GRADE. 

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

4 United States Code, is amended— 

5 (1) in subsection (a)— 

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

7 ‘‘an’’; and 

8 (B) by striking ‘‘a temporary’’ and insert9 ing ‘‘an’’; and 

10 (2) in subsection (b)— 

11 (A) in paragraph (1), by striking ‘‘a Re12 serve’’ and inserting ‘‘an’’; and 

13 (B) in paragraph (2), by striking ‘‘Re14 serve’’. 

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

16 title is amended— 

17 (1) in subsection (a)— 

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

19 ‘‘an’’; and 

20 (B) by striking ‘‘a temporary’’ and insert21 ing ‘‘an’’; and 

22 (2) in subsection (b)— 

23 (A) in paragraph (1), by striking ‘‘a Re24 serve’’ and inserting ‘‘an’’; and 

25 (B) in paragraph (2), by striking ‘‘Re26 serve’’. 

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1 SEC. 505. DISCHARGE OF PROBATIONARY OFFICERS AND 

2 FORCE SHAPING AUTHORITY. 

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

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

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

6 inserting ‘‘six’’. 

7 (b) OFFICER FORCE SHAPING AUTHORITY.—Section 

8 647(b)(1) of such title is amended by striking ‘‘5’’ both 

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

10 (c) RESERVE OFFICERS: YEARS OF ACTIVE COMMIS11 SIONED SERVICE.—Section 14503(a)(1) of such title is 

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

13 SEC. 506. ADDITION OF ALL NAVY PERMANENT MILITARY 

14 PROFESSORS TO THE LIST OF EXEMPTIONS 

15 TO DOPMA AUTHORIZED GRADE LIMITA16 TIONS. 

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

18 amended by inserting before the period at the end the fol19 lowing: ‘‘, and career military professors (as defined in 

20 regulations prescribed by the Secretary of the Navy) of 

21 the Naval War College, the Naval Postgraduate School, 

22 and any other graduate-level institution established to pro23 vide advanced education to members of the Navy and Ma24 rine Corps, but not to exceed 35 in addition to those serv25 ing at the Naval Academy’’. 

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1 SEC. 507. MANDATORY SEPARATION OF RESERVE OFFI2 CERS IN THE GRADE OF LIEUTENANT GEN3 ERAL OR VICE ADMIRAL. 

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

5 amended— 

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

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

8 (2) by inserting after subsection (b) the fol9 lowing new subsection (c): 

10 ‘‘(c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEU11 TENANT GENERALS AND VICE ADMIRALS.—Unless re12 tired, transferred to the Retired Reserve, or discharged 

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

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

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

16 admiral shall, 30 days after completion of 38 years of com17 missioned service, be separated in accordance with section 

18 14514 of this title.’’. 

19 SEC. 508. TEMPORARY SUSPENSION OF ELIGIBILITY FOR 

20 EDUCATION BENEFIT. 

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

22 amended to read as follows: 

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

24 the Secretary of Defense, a member of the Selected Re25 serve of the Ready Reserve who incurs a break in Selected 

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1 serve or Inactive National Guard during such break, may 

2 continue to receive educational assistance under this chap3 ter for up to 90 days during such break. However, eligi4 bility for educational assistance shall be suspended after 

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

6 service in the Selected Reserve.’’. 

7 SEC. 509. INCREASED TENURE FOR GENERAL AND FLAG 

8 OFFICERS. 

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

10 States Code, is amended— 

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

12 (2) by inserting after subsection (a) the fol13 lowing new subsection (b): 

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

15 of major general or rear admiral may continue to serve 

16 without regard to years of service.’’. 

17 (b) CONFORMING AMENDMENTS.— 

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

19 by striking ‘‘or (c)’’. 

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

21 striking the last sentence in paragraph (2). 

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

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

24 and (e) as subsections (d), (e), and (f), respec25 tively; and 

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

2 following new subsection (c): 

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

4 MAJOR GENERAL OR REAR ADMIRAL.—Officers serving 

5 above the grade of major general or rear admiral may con6 tinue to serve without regard to years of service.’’. 

7 SEC. 510. AMENDMENT OF YEARS OF SERVICE PROVISION 

8 TO CONFORM WITH EXTENDED MANDATORY 

9 RETIREMENT AGE FOR ACTIVE-DUTY GEN10 ERAL AND FLAG OFFICERS. 

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

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

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

14 the date of the officer’s sixty-second birthday’’ and insert15 ing ‘‘except as provided under section 1253 of this title’’. 

16 Subtitle B—Reserve Component 

17 Matters 

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

19 AIR FORCE WITH THE NATIONAL GUARD. 

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

21 amended by adding at the end the following new sub22 section: 

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

24 the Regular Army or Regular Air Force detailed, without 

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

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1 Army National Guard or the Air National Guard of a 

2 State, the Commonwealth of Puerto Rico, Guam, the Vir3 gin Islands, or the District of Columbia, may perform any 

4 duty authorized to be performed by the laws of the appli5 cable State, the Commonwealth of Puerto Rico, Guam, the 

6 Virgin Islands, or the District of Columbia, as appro7 priate, without regard to the limitations imposed by sec8 tion 1385 of title 18.’’. 

9 SEC. 522. ENFORCEMENT OF VOLUNTARY SERVICE AGREE10 MENTS. 

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

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

13 ‘‘When a member has entered into a written service agree14 ment (other than an agreement under section 12311 of 

15 this title) with the Secretary concerned specifying a period 

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

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

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

19 National Guard of the United States with the consent of 

20 the Governor or other appropriate authority of the State 

21 concerned, the member may not withdraw his consent, un22 less agreed to by the Secretary, and the Secretary may 

23 order the member to active duty in accordance with the 

24 terms of the service agreement.’’. 

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

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

3 amended— 

4 (1) in subsection (a)— 

5 (A) by striking ‘‘and’’ at the end of para6 graph (2); 

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

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

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

10 paragraph: 

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

12 National Guard of the United States in his status as 

13 a member of the Army National Guard under sec14 tion 502(f) of title 32 at the request of the President 

15 or the Secretary of Defense shall be considered ac16 tive duty in Federal service as a Reserve of the 

17 Army for the purposes of providing benefits that are 

18 provided to Reserve component members performing 

19 duty pursuant to an order to active duty under a 

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

21 of this title.’’; and 

22 (2) in subsection (b)— 

23 (A) by striking ‘‘and’’ at the end of para24 graph (2); 

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

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

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

2 paragraph: 

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

4 National Guard of the United States in his status as 

5 a member of the Air National Guard under section 

6 502(f) of title 32 at the request of the President or 

7 the Secretary of Defense shall be considered active 

8 duty in Federal service as a Reserve of the Air 

9 Force for the purposes of providing benefits that are 

10 provided to Reserve component members performing 

11 duty pursuant to an order to active duty under a 

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

13 of this title.’’. 

14 SEC. 524. CONTINUED SERVICE WITHIN TWO YEARS OF RE15 TIREMENT ELIGIBILITY. 

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

17 amended to read as follows: 

18 ‘‘(b) WAIVER.—With respect to a member of a re19 serve component who is to be ordered to active duty (other 

20 than for training) under section 12301 of this title pursu21 ant to an order to active duty for a single period or mul22 tiple periods and who (but for this subsection) would be 

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

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

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

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

2 of active duty covered by that order and may include sub3 sequent orders. In carrying out this subsection, the Sec4 retary concerned may require that a waiver under the pre5 ceding sentence be executed before the period of active 

6 duty begins. At anytime before commencing a period of 

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

8 withdraw consent to waive the applicability of subsection 

9 (a).’’. 

10 SEC. 525. INCREASE IN THE PERIOD OF TEMPORARY FED11 ERAL RECOGNITION FROM SIX TO TWELVE 

12 MONTHS. 

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

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

15 months’’. 

16 SEC. 526. NUCLEAR OFFICER INCENTIVE PAY: CONTINU17 ATION PAY ELIGIBILITY. 

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

19 amended— 

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

21 inserting ‘‘30’’; and 

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

23 inserting ‘‘30’’. 

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1 Subtitle C—Education and 

2 Training 

3 SEC. 531. ISSUE OF SERVICEABLE MATERIAL OTHER THAN 

4 TO ARMED FORCES. 

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

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

7 following new chapter: 

8 ‘‘CHAPTER 667—ISSUE OF SERVICEABLE 

9 MATERIAL OTHER THAN TO ARMED 

10 FORCES 

‘‘Sec. 

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

units of ROTC. 

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

‘‘7913. Supplies; military instruction camps. 

11 ‘‘§ 7911. Arms, tentage, and equipment: educational 

12 institutions not maintaining units of 

13 ROTC 

14 ‘‘Under such conditions as he may prescribe, the Sec15 retary of the Navy may issue arms, tentage, and equip16 ment that he considers necessary for proper military train17 ing, to any educational institution at which no unit of the 

18 Reserve Officers’ Training Corps is maintained, but which 

19 has a course in military training prescribed by the Sec20 retary and which has at least 50 physically fit students 

21 over 14 years of age. 

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1 ‘‘§ 7912. Rifles and ammunition for target practice: 

2 educational institutions having corps of 

3 cadets 

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

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

6 magazine rifles and appendages, that are not of the exist7 ing service models in use at the time and that are not 

8 necessary for a proper reserve supply, to any educational 

9 institution having a uniformed corps of cadets of sufficient 

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

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

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

13 year for each cadet participating in target practice. 

14 ‘‘(b) RESPONSIBILITIES OF INSTITUTIONS.—The in15 stitutions to which property is lent under subsection (a) 

16 shall— 

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

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

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

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

21 regulations to carry out this section, containing such other 

22 requirements as he considers necessary to safeguard the 

23 interests of the United States. 

24 ‘‘§ 7913. Supplies: military instruction camps 

25 ‘‘Under such conditions as he may prescribe, the Sec26 retary of the Navy may issue, to any educational institumstockstill on PROD1PC66 with BILLS

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1 tion at which an officer of the naval service is detailed 

2 as professor of naval science, such supplies as are nec3 essary to establish and maintain a camp for the military 

4 instruction of its students. The Secretary shall require a 

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

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

7 for property properly expended, for its return when re8 quired.’’ 

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

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

11 the following new item: 

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

12 SEC. 532. AUTHORITY FOR PERMANENT PROFESSORS AT 

13 THE SERVICE MILITARY ACADEMIES OR MILI14 TARY GRADUATE SCHOOLS TO SIT AS MEM15 BERS OF PROMOTION BOARDS. 

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

17 amended by inserting after ‘‘active-duty list’’ the fol18 lowing: ‘‘or a permanent professor at the United States 

19 Military Academy or the United States Air Force Acad20 emy or the United States Naval Academy (as defined in 

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

22 career military professors from any graduate-level institu23 tion established to provide advanced education to members 

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

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

2 PROMOTIONS. 

3 (a) PERMANENT PROFESSORS: UNITED STATES

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

5 is amended to read as follows: 

6 ‘‘(2) The director of admissions, dean, and per7 manent professors at the United States Military 

8 Academy, the registrar, dean, and permanent profes9 sors at the United States Air Force Academy, per10 manent professors (as defined in regulations pre11 scribed by the Secretary of the Navy) at the United 

12 States Naval Academy, and career military profes13 sors (as defined in regulations prescribed by the Sec14 retary of the Navy) of the Naval War College, the 

15 Naval Postgraduate School, and any other graduate16 level institution established to provide advanced edu17 cation to members of the Navy and Marine Corps.’’. 

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

19 amended by inserting after section 6970 the following new 

20 section: 

21 ‘‘§ 6970a. Permanent professors: promotion 

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

23 Naval Academy (as defined in regulations prescribed by 

24 the Secretary of the Navy) or career military professors 

25 (as defined in regulations prescribed by the Secretary of 

26 the Navy) of the Naval War College, the Naval Postmstockstill on PROD1PC66 with BILLS

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1 graduate School, and any other graduate-level institution 

2 established to provide advanced education to members of 

3 the Navy and Marine Corps in the grade of commander 

4 or lieutenant colonel may be recommended for promotion 

5 to the grade of captain or colonel under regulations pre6 scribed by the Secretary of the Navy, such promotion to 

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

8 permanent professor or career military professor. An offi9 cer so recommended shall be promoted by appointment to 

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

11 and consent of the Senate.’’. 

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

13 chapter is amended by inserting after the item relating 

14 to section 6970 the following new item: 

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

15 Subtitle D—General Service 

16 Authorities 

17 SEC. 541. SHORTEN EIGHT YEAR MANDATORY SERVICE OB18 LIGATION FOR QUALIFIED HEALTH PROFES19 SIONALS IN CRITICAL SPECIALTIES. 

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

21 amended by adding at the end the following new sub22 section: 

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

24 service provisions of subsection (a) for initial appoint25 ments of commissioned officers in critically short health 

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1 professional specialties, as determined by the Secretary of 

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

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

4 no waiver can reduce the period of obligated service below 

5 the period for which an individual accepted an accession 

6 bonus or Multiyear Special Pay contract.’’. 

7 SEC. 542. REINSTATEMENT OF ENHANCED AUTHORITY FOR 

8 SELECTIVE EARLY RETIREMENT. 

9 (a) ENHANCED AUTHORITY FOR SELECTIVE EARLY

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

11 Code, is amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘October 1, 1990’’ and in14 serting ‘‘October 1, 2007’’; and 

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

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

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

18 period at the end of the second sentence the fol19 lowing: ‘‘; provided, however, that from October 1, 

20 2007 through December 31, 2012, such number 

21 may be more than 30 percent of the number of offi22 cers considered in each competitive category, but 

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

24 officers considered in each grade’’. 

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

2 subsection (a) shall apply with respect to agreements en3 tered into under section 1175a of title 10, United States 

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

5 Subtitle E—Military Justice 

6 Matters 

7 SEC. 551. PERMIT SECRETARY TO DESIGNATE PERSONS EL8 IGIBLE FOR LEGAL ASSISTANCE. 

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

10 amended by adding at the end the following new para11 graph: 

12 ‘‘(6) Other persons designated in regulations 

13 prescribed by the Secretary concerned.’’. 

14 Subtitle F—Other Matters 

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

16 ROTC SCHOLARSHIPS UNDER ARMY RESERVE 

17 AND NATIONAL GUARD PROGRAM. 

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

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

20 cadets each year under this section, to include’’ and insert21 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 locamstockstill on PROD1PC66 with BILLS

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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 

24 members of the armed forces who experience hardmstockstill on PROD1PC66 with BILLS

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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 memmstockstill on PROD1PC66 with BILLS

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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 CREDIT.—Sec13 tion 12732(b) of title 10, United States Code, 

14 is 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 screening.’’. 

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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 Semstockstill on PROD1PC66 with BILLS

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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 enters 

8 into an agreement under subsection (c) does not complete 

9 the period of service specified in the agreement, the mem10 ber shall be subject to the repayment provisions of section 

11 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 Subtitle B—Bonuses and Special 

4 and Incentive Pays 

5 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

6 SPECIAL PAYS FOR RESERVE FORCES. 

7 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

8 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

9 302g(e) of title 37, United States Code, is amended by 

10 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

11 31, 2008’’. 

12 (b) SELECTED RESERVE REENLISTMENT BONUS.— 

13 Section 308b(g) of such title is amended by striking ‘‘De14 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

15 (c) SELECTED RESERVE AFFILIATION OR ENLIST16 MENT BONUS.—Section 308c(i) of such title is amended 

17 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem18 ber 31, 2008’’. 

19 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS20 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

21 308d(c) of such title is amended by striking ‘‘December 

22 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

23 (e) READY RESERVE NON-PRIOR SERVICE ENLIST24 MENT BONUS.—Section 308g(f)(2) of such title is amendmstockstill on PROD1PC66 with BILLS

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1 ed by striking ‘‘December 31, 2007’’ and inserting ‘‘De2 cember 31, 2008’’. 

3 (f) READY RESERVE ENLISTMENT AND REENLIST4 MENT BONUS.—Section 308h(e) of such title is amended 

5 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem6 ber 31, 2008’’. 

7 (g) PRIOR SERVICE REENLISTMENT BONUS.—Sec8 tion 308i(f) of such title is amended by striking ‘‘Decem9 ber 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

10 (h) REPAYMENT OF EDUCATION LOANS FOR CER11 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE12 LECTED RESERVE.—Section 16302(d) of title 10, United 

13 States Code, is amended by striking ‘‘January 1, 2008’’ 

14 and inserting ‘‘January 1, 2009’’. 

15 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

16 SPECIAL PAY AUTHORITIES FOR CERTAIN 

17 HEALTH CARE PROFESSIONALS. 

18 (a) NURSE OFFICER CANDIDATE ACCESSION PRO19 GRAM.—Section 2130a(a)(1) of title 10, United States 

20 Code, is amended by striking ‘‘December 31, 2007’’ and 

21 inserting ‘‘December 31, 2008’’. 

22 (b) ACCESSION BONUS FOR REGISTERED NURSES.— 

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

24 amended by striking ‘‘December 31, 2007’’ and inserting 

25 ‘‘December 31, 2008’’. 

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

3 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem4 ber 31, 2008’’. 

5 (d) ACCESSION BONUS FOR DENTAL OFFICERS.— 

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

7 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

8 2008’’. 

9 (e) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

10 Section 302j(a) of such title is amended by striking ‘‘De11 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

12 (f) ACCESSION BONUS FOR MEDICAL OFFICERS IN

13 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

14 302k(f) of such title is amended by striking ‘‘December 

15 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

16 (g) ACCESSION BONUS FOR DENTAL SPECIALIST OF17 FICERS IN CRITICALLY SHORT WARTIME SPECIALTIES.— 

18 Section 302l(g) of such title is amended by striking ‘‘De19 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

20 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

21 BONUS AUTHORITIES FOR NUCLEAR OFFI22 CERS. 

23 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI24 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

25 312(e) of title 37, United States Code, is amended by 

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1 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

2 31, 2008’’. 

3 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

4 312b(c) of such title is amended by striking ‘‘December 

5 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

6 (c) NUCLEAR CAREER ANNUAL INCENTIVE

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

8 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

9 31, 2008’’. 

10 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT11 ING TO PAYMENT OF OTHER BONUSES AND 

12 SPECIAL PAYS. 

13 (a) AVIATION OFFICER RETENTION BONUS.—Sec14 tion 301b(a) of title 37, United States Code, is amended 

15 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem16 ber 31, 2008’’. 

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

18 of such title is amended by striking ‘‘December 31, 2008’’ 

19 and inserting ‘‘December 31, 2009’’. 

20 (c) REENLISTMENT BONUS FOR ACTIVE MEM21 BERS.—Section 308(g) of such title is amended by strik22 ing ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

23 2008’’. 

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

2 title is amended by striking ‘‘December 31, 2007’’ and in3 serting ‘‘December 31, 2008’’. 

4 (e) RETENTION INCENTIVES FOR MEMBERS QUALI5 FIED IN CRITICAL MILITARY SKILLS OR ASSIGNED TO

6 HIGH PRIORITY UNITS.—Section 323(i) of such title is 

7 amended by striking ‘‘December 31, 2007’’ and inserting 

8 ‘‘December 31, 2008’’. 

9 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT10 ICAL SKILLS.—Section 324(g) of such title is amended by 

11 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

12 31, 2008’’. 

13 (g) INCENTIVE BONUS FOR CONVERSION TO MILI14 TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL

15 SHORTAGE.—Section 326(g) of such title is amended by 

16 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

17 31, 2008’’. 

18 (h) ACCESSION BONUS FOR MEMBERS OF THE

19 ARMED FORCES APPOINTED AS COMMISSIONED OFFI20 CERS AFTER COMPLETING OFFICER CANDIDATE

21 SCHOOL.—Section 330(f) of such title is amended by 

22 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

23 31, 2008’’. 

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1 SEC. 615. EXCEPTION TO 25 YEARS OF ACTIVE DUTY LIMIT 

2 FOR RECEIPT OF CRITICAL SKILLS RETEN3 TION BONUS. 

4 Section 323(e) of title 37, United States Code, is 

5 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. 616. 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. 617. 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 forces 

20 but was released from such service prior to comple21 tion of the training required by section 671 of title 

22 10, provided such service was characterized as either 

23 honorable or uncharacterized; and’’. 

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1 SEC. 618. 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. 619. 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. 620. 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. 621. 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 SEC. 622. ACCESSION BONUS FOR MEMBERS APPOINTED AS 

2 COMMISSIONED OFFICERS AFTER ATTEND3 ING OFFICER CANDIDATE SCHOOL. 

4 (a) IN GENERAL.—Chapter 5 of title 37, United 

5 States Code, is amended by adding at the end the fol6 lowing new section: 

7 ‘‘§ 331. Special pay: accession bonus for officer can8 didates 

9 ‘‘(a) ACCESSION BONUS AUTHORIZED.—Under regu10 lations prescribed by the Secretary concerned, a person 

11 who executes a written agreement to complete officer can12 didate school, accept a commission or appointment as an 

13 officer of the armed forces, and serve on active duty as 

14 a commissioned officer for a period specified in the agree15 ment may, upon acceptance of the agreement by the Sec16 retary concerned, be paid an accession bonus in an amount 

17 determined by the Secretary. 

18 ‘‘(b) LIMITATION ON AMOUNT OF BONUS.—The 

19 amount of an accession bonus under subsection (a) may 

20 not exceed $8,000. 

21 ‘‘(c) PAYMENT METHOD.—Upon acceptance of a 

22 written agreement under subsection (a) by the Secretary 

23 concerned, the total amount of the accession bonus pay24 able under the agreement becomes fixed. The agreement 

25 shall specify whether the accession bonus will be paid by 

26 the Secretary in a lump sum or installments. 

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1 ‘‘(d) REPAYMENT.—A person who, having received all 

2 or part of the bonus under an agreement referred to in 

3 subsection (a), does not complete the total period of active 

4 duty service as a commissioned officer as specified in the 

5 agreement shall be subject to the repayment provisions in 

6 section 303a(e) of this title. 

7 ‘‘(e) AUTHORITY FOR PAYMENT OF BONUS UNDER

8 EARLIER AGREEMENTS.—The Secretary of the Army 

9 shall use this authority to retroactively pay a bonus to a 

10 person who executed an agreement during the period from 

11 April 1, 2005 through April 1, 2006 to enlist for the pur12 pose of attending officer candidate school.’’. 

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: 

‘‘330. Special pay: accession bonus for officer candidates.’’. 

16 Subtitle C—Retired Pay and 

17 Survivor Benefits 

18 SEC. 631. WAIVER OF RECOUPMENT OF OVERPAYMENTS OF 

19 RETIRED PAY TO SPOUSE OR FORMER 

20 SPOUSE AS A RESULT OF RETROACTIVE DIS21 ABILITY DETERMINATION. 

22 Section 2774 of title 10, United States Code, is 

23 amended by adding at the end the following new sub24 section: 

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1 ‘‘(g)(1) The Director of the Office of Management 

2 and Budget or the Secretary concerned, as the case may 

3 be, shall waive any claim for overpayment against a spouse 

4 or former spouse of a member if— 

5 ‘‘(A) the payment was disposable retired pay 

6 that, pursuant to section 1408 of this title, a court 

7 treated as property for the purpose of issuing a final 

8 decree of divorce, dissolution, annulment, or legal 

9 separation, including a court ordered, ratified, or ap10 proved property settlement incident to such decree; 

11 and 

12 ‘‘(B) the claim for overpayment is attributable 

13 to a determination of entitlement to disability com14 pensation under title 38. 

15 ‘‘(2) In this section: 

16 ‘‘(A) The term ‘court’ has the meaning given 

17 such term in section 1408(a)(1) of this title. 

18 ‘‘(B) The term ‘disposable retired pay’ has the 

19 meaning given such term in section 1408(a)(4) of 

20 this title. 

21 ‘‘(C) The term ‘final decree’ has the meaning 

22 given such term in section 1408(a)(3) of this title. 

23 ‘‘(D) The term ‘member’ has the meaning given 

24 such term in section 1408(a)(5) of this title. 

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1 ‘‘(E) The term ‘spouse or former spouse’ has 

2 the meaning given such term in section 1408(a)(6) 

3 of this title.’’. 

4 SEC. 632. SURVIVOR BENEFIT PLAN; EXTENSION OF PE5 RIOD FOR ELECTION DEEMED TO HAVE BEEN 

6 MADE. 

7 (a) IN GENERAL.—Section 1450(f)(3)(C) of title 10, 

8 United States Code, is amended by striking ‘‘one year’’ 

9 and inserting ‘‘five years’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 this section shall apply with respect to divorces, dissolu12 tions, annulments, or legal separations that become effec13 tive after the end of the 90-day period beginning on the 

14 date of enactment of this Act. 

15 SEC. 633. ALLOWING MEMBER TO SUBMIT APPLICATION 

16 FOR DIRECT PAYMENT. 

17 (a) PERMIT APPLICATION FOR DIRECT PAYMENT BY

18 MEMBER.—Section 1408(d) of title 10, United States 

19 Code, is amended in the first sentence of paragraph (1) 

20 by inserting ‘‘by a member or former member or the 

21 spouse or former spouse of such member’’ after ‘‘the Sec22 retary concerned’’. 

23 (b) CONDITIONS FOR DIRECT PAYMENT.—Section 

24 1408(d) of such title is further amended by adding at the 

25 end the following new paragraph: 

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1 ‘‘(8) A former spouse who accepts payment 

2 shall be deemed— 

3 ‘‘(A) to have consented and agreed to the 

4 recovery of any future overpayments, including 

5 recovery by involuntary collection from the 

6 former spouse or his or her estate; and 

7 ‘‘(B) to have agreed to give prompt notice 

8 in writing to the Secretary if— 

9 ‘‘(i) the operative court order upon 

10 which payment is based is vacated, modi11 fied, or set aside; 

12 ‘‘(ii) the former spouse remarries, if 

13 all or a part of the payment is for alimony; 

14 or 

15 ‘‘(iii) the former spouse is ineligible 

16 for child support payments due to the 

17 death, emancipation, adoption, or attain18 ment of majority of a child whose support 

19 is provided through direct payment to a 

20 former spouse from retired pay.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to applications for direct payment 

23 of retired pay submitted to the Secretary concerned after 

24 the end of the 90-day period beginning on the date of en25 actment of this Act. 

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1 SEC. 634. DIVISION OF RETIRED PAY TO BE BASED ON MEM2 BER’S LENGTH OF SERVICE AND PAY GRADE 

3 AT TIME OF DIVORCE. 

4 (a) IN GENERAL.—Section 1408(c) of title 10, 

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

6 following new paragraph: 

7 ‘‘(5) In the case of a member as to whom a de8 cree of divorce, dissolution, annulment, or legal sepa9 ration becomes final before the date on which the 

10 member begins to receive retired pay, the total 

11 monthly retired pay to which a member is entitled, 

12 for purposes of determining ‘disposable retired pay,’ 

13 as defined in paragraph (4) of subsection (a), that 

14 a court may treat in the manner described in para15 graph (1), shall be limited to retired pay computed 

16 based on the pay grade, and the length of service of 

17 the member while married, that are creditable to18 ward entitlement to basic pay and to retired pay as 

19 of the date a marital property interest in retired pay 

20 terminates. Amounts so calculated shall be increased 

21 by the cumulative percentage of increases in basic 

22 pay and retired pay between the date a marital 

23 property interest in retired pay terminates and the 

24 effective date of the member’s retirement. Upon re25 quest and pursuant to regulations, the Secretary 

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1 concerned shall calculate disposable retired pay de2 scribed in this paragraph.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall apply with respect to divorces, dissolu5 tions, annulments, and legal separations that become ef6 fective after the end of the 90-day period beginning on 

7 the date of enactment of this Act. 

8 SEC. 635. INCREASES FOR DIVISIONS OF RETIRED PAY EX9 PRESSED AS A DOLLAR AMOUNT. 

10 (a) MONETARY AMOUNT ADJUSTMENT.—Section 

11 1408(a)(2)(C) of title 10, United States Code, is amended 

12 by striking ‘‘expressed in dollars’’ and inserting ‘‘ex13 pressed as a specific dollar amount, with such amount, 

14 if so ordered, being adjusted in the same manner and at 

15 the same time as retired pay is adjusted to reflect changes 

16 in the Consumer Price Index under section 1401a of this 

17 title,’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall apply with respect to court orders that 

20 become effective after the end of the 90-day period begin21 ning on the date of enactment of this Act. 

22 SEC. 636. REVOCATION OF TEN-YEAR RULE FOR DIRECT 

23 PAYMENT OF RETIRED PAY. 

24 (a) REVOCATION OF TEN-YEAR RULE.—Section 

25 1408(d) of title 10, United States Code, is amended— 

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1 (1) by striking paragraph (2); and 

2 (2) by redesignating paragraphs (3) through 

3 (7) as paragraphs (2) through (6), respectively. 

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

5 this section shall take effect on the first day of the first 

6 month which begins more than 120 days after the date 

7 of enactment of this Act and shall apply only to payments 

8 of retired pay for periods beginning on or after the effec9 tive date of this section in the case of any former spouse 

10 of a member or former member of the uniformed services. 

11 SEC. 637. SURVIVOR BENEFIT PLAN; MULTIPLE BENE12 FICIARIES. 

13 (a) PERMIT SPOUSE AND FORMER SPOUSE COV14 ERAGE.—Section 1448(b)(2) of title 10, United States 

15 Code, is amended— 

16 (1) in subparagraph (B)— 

17 (A) by striking ‘‘prevents payment’’ and 

18 inserting ‘‘reduces the amount’’; and 

19 (B) by striking ‘‘including payment’’ and 

20 inserting ‘‘including the amount of an annuity’’; 

21 and 

22 (2) in subparagraph (C), by striking ‘‘which 

23 former spouse is to be provided the annuity’’ and in24 serting ‘‘the base amount applicable in determining 

25 the amount of the annuity of each former spouse’’. 

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1 (b) PERMIT SPOUSE AND FORMER SPOUSE ANNU2 ITIES.—Section 1450(a)(1) of such title is amended to 

3 read as follows: 

4 ‘‘(1) SURVIVING SPOUSE AND FORMER

5 SPOUSE(S).—The eligible surviving spouse and every 

6 eligible former spouse.’’. 

7 (c) PERMIT REDUCTIONS IN RETIRED PAY IN THE

8 CASE OF MULTIPLE BENEFICIARIES.—Section 1452 of 

9 such title is amended by adding at the end the following 

10 new subsection: 

11 ‘‘(k) REDUCTIONS IN RETIRED PAY IN THE CASE OF

12 MULTIPLE BENEFICIARIES.—When a participant in the 

13 Plan has elected to provide an annuity to a spouse and 

14 to one or more former spouses, reductions in retired pay 

15 required by subsection (a) shall be made for each annuity 

16 elected, in an amount based on the base amount applicable 

17 to each annuity. In the case of a reduction in retired pay 

18 to provide an annuity to a former spouse to whom pay19 ment of a portion of a member’s retired pay is being made 

20 pursuant to a court order under section 1408 of this title, 

21 such reduction in retired pay shall be deducted from the 

22 amounts paid to such member, to such former spouse, or 

23 both, as provided by court order or by agreement of the 

24 parties.’’. 

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1 (d) EFFECTIVE DATE.—The amendments made by 

2 subsections (a), (b), and (c) apply with respect to elections 

3 made on or after the date of enactment of this Act. Any 

4 election to provide an annuity to a spouse or former 

5 spouse who was prevented from being a beneficiary under 

6 the laws in effect before the date of enactment of this Act 

7 shall be made within 180 days following the date of enact8 ment of this Act. 

9 (e) COVERAGE FOR SURVIVORS OF RETIREMENT-EL10 IGIBLE MEMBERS WHO DIE ON ACTIVE DUTY.—(1) Sec11 tion 1448(d) of such title is amended— 

12 (A) in paragraph (3), by striking ‘‘the Sec13 retary—(A) may not pay an annuity under para14 graph (1) or (2); but (B)’’ and inserting ‘‘the Sec15 retary’’; and 

16 (B) by amending paragraph (5) to read as fol17 lows: 

18 ‘‘(5) COMPUTATION.—(A) The amount of an 

19 annuity payable to a former spouse pursuant to 

20 paragraph (3) shall be computed on the basis of a 

21 base amount equal to the amount of retired pay 

22 that, under the authority of section 1408(c) of this 

23 title, is treated under a court order or spousal agree24 ment as the property of such former spouse. 

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1 ‘‘(B) The amount of an annuity payable under 

2 paragraph (1) or (2) shall be computed under sec3 tion 1451(c) of this title; however, the retired pay 

4 otherwise applicable with respect to such computa5 tion shall be reduced by an amount equal to the base 

6 amount that provides the basis for computing the 

7 amount of an annuity payable to a former spouse 

8 under paragraph (3) of this subsection.’’. 

9 (2) EFFECTIVE DATE.—The amendments made by 

10 paragraph (1) shall apply with respect to survivors of re11 tirement-eligible members who die on active duty on or 

12 after the date of enactment of this Act. 

13 (f) COVERAGE FOR SURVIVORS OF PERSONS DYING

14 WHEN ELIGIBLE TO ELECT RESERVE COMPONENT AN15 NUITY.—(1) Section 1448(f) of such title is amended— 

16 (A) by striking ‘‘the Secretary—(A) may not 

17 pay an annuity under paragraph (1) or (2); but 

18 (B)’’ and inserting ‘‘the Secretary’’; and 

19 (B) by amending paragraph (4) to read as fol20 lows: 

21 ‘‘(4) 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 per13 sons eligible to elect reserve-component annuity retire14 ment-eligible members who die on or after the date of en15 actment of this Act. 

16 SEC. 638. SURVIVOR BENEFIT PLAN; FINANCIAL RESPONSI17 BILITY FOR SURVIVOR BENEFIT PLAN PAR18 TICIPATION. 

19 (a) SPOUSE AND FORMER SPOUSE ANNUITIES.—Sec20 tion 1452(a) of title 10, United States Code, is amended— 

21 (1) in paragraph (1), by inserting ‘‘paragraph 

22 (6) of this subsection or’’ after ‘‘Except as provided 

23 in’’; and 

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

25 paragraph: 

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1 ‘‘(6) COURT ORDER.—If a court order requires 

2 the former spouse to pay all or a part of the costs 

3 associated with providing an annuity to the former 

4 spouse, the participant’s retired pay shall not be re5 duced by the portion that the former spouse is re6 quired to pay. The portion of Plan costs that a 

7 former spouse is required to pay pursuant to a 

8 Court order under this paragraph must either be 

9 paid by direct remittance or as a deduction from the 

10 former spouse’s share of the member’s retired pay 

11 that is received by direct payment pursuant to sec12 tion 1408 of this title.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall apply with respect to divorces, dissolu15 tions, annulments, or legal separations that become effec16 tive after the end of the 90-day period beginning on the 

17 date of enactment of this Act. 

18 SEC. 639. SURVIVOR BENEFIT PLAN; PRESUMPTIVE PRO19 PORTIONATE SHARE. 

20 (a) PRESUMPTIVE BASE AMOUNT FOR FORMER

21 SPOUSE.—Section 1447(6) of title 10, United States 

22 Code, is amended by adding at the end the following new 

23 subparagraph: 

24 ‘‘(D) PRESUMPTIVE PROPORTIONATE

25 AMOUNT FOR FORMER SPOUSE.—In the case of 

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1 an annuity provided under the Plan for a 

2 former spouse, unless otherwise agreed to by 

3 the member and former spouse or ordered by a 

4 court, such term means any amount of monthly 

5 retired pay, which is not less than $300, pay6 able to such former spouse as a result of a 

7 court treating disposable retired pay of a mem8 ber as the property of the member and his 

9 spouse under the authority of section 1408(c).’’. 

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

11 this section 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 Subtitle D—Commissary and Non16 appropriated Fund Instrumen17 tality Benefits 

18 SEC. 641. CONTINUATION OF COMMISSARY AND EXCHANGE 

19 PRIVILEGES. 

20 Section 1146 of title 10, United States Code is 

21 amended— 

22 (1) by inserting ‘‘, or a member of the Selected 

23 Reserve of the Ready Reserve who is involuntarily 

24 separated from the Selected Reserve due to force 

25 shaping requirements directed by the Secretary of 

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1 the military department concerned,’’ after ‘‘active 

2 duty’’ the first place it appears; and 

3 (2) by striking ‘‘October 1, 1990, and ending 

4 on December 31, 2001’’ and inserting ‘‘October 1, 

5 2007, and ending on December 31, 2012’’. 

6 Subtitle E—Other Matters 

7 SEC. 651. CHANGE IN THE DEFINITION OF SEA DUTY FOR 

8 CAREER SEA PAY TO INCLUDE MULTI-CREW 

9 SHIPS. 

10 Section 305a(e)(1)(A) of title 37, United States 

11 Code, is amended— 

12 (1) by striking ‘‘or’’ at the end of clause (ii); 

13 and 

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

15 clause: 

16 ‘‘(iv) while serving as an off-cycle 

17 crewmember of a multi-crewed ship; or’’. 

18 SEC. 652. ESTABLISHMENT OF ARMY INCENTIVE FUND. 

19 (a) ESTABLISHMENT OF FUND.—Part II of subtitle 

20 B of title 10, United States Code, is amended by adding 

21 at the end the following new chapter: 

22 ‘‘CHAPTER 376—FUND FOR PAYMENT OF 

23 INCENTIVES AND BONUSES 

‘‘Sec. 

‘‘4101. Fund for payment of incentives and bonuses. 

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1 ‘‘§ 4101. Fund for payment of incentives and bonuses 

2 ‘‘(a) ESTABLISHMENT OF FUND.—There is estab3 lished on the books of the Treasury a fund to be known 

4 as the Army Incentive Fund (hereinafter in this section 

5 referred to as the ‘Fund’), which shall be administered by 

6 the Secretary of the Treasury. The Fund shall be used 

7 for the accumulation of funds in order to finance on an 

8 actuarially sound basis Army bonus and incentive liabil9 ities that have been specifically authorized by law to be 

10 paid from the Fund. 

11 ‘‘(b) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘specifically authorized Army 

13 bonus and incentive liabilities’ means liabilities of 

14 the Department of the Army for a bonus or incen15 tive under— 

16 ‘‘(A) chapter 5 of title 37, that is specifi17 cally authorized by law to be paid from the 

18 Fund; or 

19 ‘‘(B) section 681 of the National Defense 

20 Authorization Act for Fiscal Year 2006 (Public 

21 Law 109–163). 

22 ‘‘(2) The term ‘normal cost’, with respect to 

23 any period of time, means the present value of fu24 ture bonuses and incentives payable to persons who 

25 during such period qualify for a bonus or incentive 

26 authorized by law to be paid from the Fund. 

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1 ‘‘(c) ASSETS OF THE FUND.—There shall be depos2 ited into the Fund the following, which shall constitute 

3 the assets of the Fund: 

4 ‘‘(1) Amounts paid into the Fund under sub5 section (g). 

6 ‘‘(2) Any amount appropriated directly to the 

7 Fund. 

8 ‘‘(3) Any return on investment of the assets of 

9 the Fund. 

10 ‘‘(d) PAYMENTS FROM THE FUND.—The Secretary 

11 of the Treasury shall transfer from the Fund to the Sec12 retary of the Army only such amounts as are necessary 

13 to enable the Secretary to make required payments of spe14 cifically authorized Army bonus and incentive liabilities, 

15 as defined in subsection (b)(1). The Secretary of the 

16 Treasury and the Secretary of the Army shall enter into 

17 an agreement as to how and when, and the amounts in 

18 which, such transfers shall be made. Except for invest19 ments under subsection (h), amounts in the Funds may 

20 not be used for any purpose other than transfers described 

21 in this subsection. 

22 ‘‘(e) BOARD OF ACTUARIES.—The Board of Actu23 aries established under section 2006(e) of this title (here24 inafter in this section referred to as the ‘Board’) shall re25 port to the Secretary of Defense annually on the actuarial 

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1 status of the Fund and shall furnish its advice and opinion 

2 on matters referred to it by the Secretary. 

3 ‘‘(f) DETERMINATIONS OF CONTRIBUTIONS TO THE

4 FUND.—(1) The Secretary of Defense shall carry out peri5 odic actuarial valuations of any program for a bonus or 

6 incentive authorized to be paid from the Fund. 

7 ‘‘(2) Based on the most recent such valuation, the 

8 Secretary of Defense shall estimate the normal cost for 

9 such program for the next fiscal year. 

10 ‘‘(3) At the time of such evaluation, the Secretary 

11 of Defense shall make determinations for such program 

12 in the same manner, as far as practicable, as determina13 tions are made under paragraphs (3) and (4) of section 

14 2006(f) of this title. 

15 ‘‘(4) Based on the determinations under paragraphs 

16 (2) and (3), the Secretary of Defense shall determine the 

17 amount needed to be appropriated to the Department of 

18 the Army for the next fiscal year for payments to be made 

19 to the Fund under subsection (g). 

20 ‘‘(5) All determinations under this subsection shall be 

21 made using methods and assumptions approved by the 

22 Board (including assumptions of interest rates) and in ac23 cordance with generally accepted actuarial principles and 

24 practices. 

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1 ‘‘(g) PAYMENTS INTO THE FUND.—(1) The Sec2 retary of the Army shall pay into the Fund each month 

3 the amount that, based upon the most recent actuarial 

4 valuation of a program for a bonus or incentive authorized 

5 to be paid from the Fund, is equal to the normal cost 

6 for the program for the preceding month. 

7 ‘‘(2) The Secretary of the Army shall pay into the 

8 Fund at the beginning of each fiscal year (or as soon 

9 thereafter as appropriations are available for such pur10 pose) an amount, if any, for the amortization of any liabil11 ity to the Fund, or actuarial gain or loss to the Fund, 

12 related to the determinations made under subsection 

13 (f)(3). 

14 ‘‘(3) Amounts paid into the Fund under this section 

15 shall be paid from appropriations available for the pay of 

16 members of the Army. 

17 ‘‘(h) INVESTMENTS OF ASSETS OF THE FUND.—The 

18 Secretary of the Army may request the Secretary of the 

19 Treasury to invest such portion of the Fund as is not, 

20 in the judgment of the Secretary of the Army, required 

21 to meet current withdrawals. Such investments shall be 

22 made by the Secretary of the Treasury in public debt secu23 rities with maturities suitable to the needs of the Fund, 

24 as determined by the Secretary of the Army, and bearing 

25 interest at a rate determined by the Secretary of the 

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1 Treasury, taking into consideration current market yields 

2 on outstanding marketable obligations of the United 

3 States of comparable maturity. 

4 ‘‘(i) TRANSFER OF FUNDS AFTER TERMINATION.— 

5 If the use of the Fund is terminated, as determined by 

6 the Secretary of the Army, and the amount in the Fund 

7 is in excess of all liabilities for future payments for bo8 nuses and incentives for which funds were transferred into 

9 the Fund, the amount by which the amount in the Fund 

10 exceeds the liabilities may be transferred to the appropria11 tion that is available for the pay of members of the Army 

12 at the time of the transfer.’’. 

13 (b) CLERICAL AMENDMENTS.—The table of chapters 

14 for part II of subtitle B of such title is amended by adding 

15 at the end the following new item: 

‘‘376. Fund for Payment of Incentives and Bonuses ............................... 4101.’’. 

16 SEC. 653. EXPANSION OF SELECTED RESERVE EDUCATION 

17 LOAN REPAYMENT PROGRAM. 

18 (a) ADDITIONAL LOANS ELIGIBLE FOR REPAY19 MENT.—Paragraph (1) of section 16301(a) of title 10, 

20 United States Code, is amended— 

21 (1) by striking ‘‘or’’ at the end of subparagraph 

22 (B) 

23 (2) by striking the period at the end of sub24 paragraph (C) and inserting ‘‘; or’’; and 

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

3 ‘‘(D) any loan incurred for educational 

4 purposes made by a lender that is— 

5 ‘‘(i) an agency or instrumentality of a 

6 State; 

7 ‘‘(ii) a financial or credit institution 

8 (including an insurance company) that is 

9 subject to examination and supervision by 

10 an agency of the United States or any 

11 State; 

12 ‘‘(iii) a pension fund approved by the 

13 Secretary for purposes of this section; or 

14 ‘‘(iv) a nonprofit private entity des15 ignated by a State, regulated by such 

16 State, and approved by the Secretary for 

17 purposes of this section.’’. 

18 (b) ELIGIBILITY OF OFFICERS.—Paragraph (2) of 

19 such section is amended— 

20 (1) by striking ‘‘Except as provided in para21 graph (3), the Secretary’’ and inserting ‘‘The Sec22 retary’’; and 

23 (2) by striking ‘‘an enlisted member of the Se24 lected Reserve of the Ready Reserve of an armed 

25 force in a reserve component and military specialty’’ 

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1 and inserting ‘‘a member of the Selected Reserve of 

2 the Ready Reserve of an armed force in a reserve 

3 component and officer program or military spe4 cialty’’. 

5 (c) CONFORMING AMENDMENTS.—Such section is 

6 further amended— 

7 (1) by striking paragraph (3); and 

8 (2) in the heading, by striking ‘‘enlisted 

9 members of Selected Reserve with crit10 ical specialties’’ and inserting ‘‘members of 

11 the Selected Reserve’’. 

12 (d) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of chapter 1609 of such title is amended 

14 by striking the item relating to section 16301 and insert15 ing the following new item: 

‘‘16301. Education loan repayment program: members of the Selected Reserve.’’. 

16 SEC. 654. 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 

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1 (2) by striking ‘‘(together with a copy of such 

2 order)’’ and inserting ‘‘and, upon request, a copy of 

3 such order’’. 

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

5 this section shall apply to court orders received by the Sec6 retary concerned after the end of the 90-day period begin7 ning on the date of enactment of this Act. 

8 SEC. 655. DISREGARD PERIODS OF CONFINEMENT FOR DE9 PENDENT VICTIMS OF ABUSE. 

10 (a) DISREGARD PERIODS OF CONFINEMENT FOR DE11 PENDENT VICTIMS OF ABUSE.—Paragraph (2)(A) of sec12 tion 1408(h) of title 10, United States Code, is amended 

13 by inserting ‘‘(including any periods of confinement served 

14 prior to convening authority action on the record of trial 

15 related to the misconduct that resulted in the termination 

16 of eligibility to receive retired pay)’’ after ‘‘on the basis 

17 of years of service’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall be effective as of October 23, 1992, 

20 as if included in section 1408(h) of title 10, United States 

21 Code, as enacted by section 653(a)(2) of the National De22 fense Authorization Act for Fiscal Year 1993 (Public Law 

23 102–484). 

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1 SEC. 656. 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 TITLE VII—HEALTH CARE 

8 PROVISIONS 

9 TRICARE Program Improvements 

10 SEC. 701. REVISING TRICARE PROGRAM COST SHARING 

11 AMOUNTS. 

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

13 States Code, is amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(5) Notwithstanding paragraphs (1) through 

16 (4), the Secretary of Defense shall promulgate regu17 lations to revise the requirements for payments by 

18 beneficiaries under this subsection in order to reflect 

19 increases in health care costs. Such requirements, 

20 which may include a revised deductible amount, an 

21 enrollment fee, and future indexing, need not be uni22 form for all such beneficiaries. Any such enrollment 

23 fee may be a condition of eligibility for health care 

24 benefits under chapter 55 of this title.’’. 

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1 (b) IMPLEMENTATION.—The Secretary of Defense 

2 shall promulgate the regulations required by section 

3 1086(b)(5) of title 10, United States Code, as added by 

4 subsection (a), after first considering the recommenda5 tions of the Task Force on the Future of Military Health 

6 Care regarding the beneficiary and Government cost shar7 ing structure required to sustain military health benefits 

8 over the long term, as required by subsections (c)(3)(H) 

9 and (e)(1) of section 711 of the John Warner National 

10 Defense Authorization Act for Fiscal Year 2007 (Public 

11 Law 109–364; 120 Stat. 2285). The regulations shall be12 come effective not later than 90 days after the date of 

13 enactment of this Act. The Secretary shall submit the reg14 ulations, and a report describing the rationale for the 

15 changes promulgated, to the Committees on Armed Serv16 ices of the Senate and House of Representatives at least 

17 30 days before such regulations become effective. 

18 SEC. 702. EXCLUSION OF SURROGACY MATERNITY AND IN19 FANT CARE. 

20 (a) IN GENERAL.—Chapter 55 of title 10, United 

21 States Code, is amended by inserting after section 1074k 

22 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. MINIMUM ANNUAL PURCHASE FOR CIVIL RE11 SERVE AIR FLEET CONTRACTS. 

12 (a) IN GENERAL.—Chapter 931 of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing new section: 

15 ‘‘§ 9515. Minimum annual purchase for Civil Reserve 

16 Air Fleet contracts 

17 ‘‘(a) IN GENERAL.—The Secretary of Defense is au18 thorized to award to air carriers or air carrier teaming 

19 arrangements (carriers) participating in the Civil Reserve 

20 Air Fleet (CRAF) program annual airlift contracts with 

21 a minimum purchase amount determined in accordance 

22 with this section. 

23 ‘‘(b) MINIMUM ANNUAL CONTRACT AWARDS.—Such 

24 contract minimum purchase amount shall be based on 

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1 cent of the annual average expenditures of airlift for the 

2 prior 5-year period. Unusually high demand years, such 

3 as during a conflict, will normally be omitted to obtain 

4 a more accurate forecast. Award amounts shall be divided 

5 among said carriers proportional to their relative commit6 ments to the CRAF program. 

7 ‘‘(c) DISTRIBUTION OF AMOUNTS.—Should any of 

8 the amounts set aside for the annual minimum airlift pur9 chase not be utilized to purchase actual transportation 

10 from a carrier to whom said contract is awarded, such re11 mainder must be transferred to the carrier; however, pro12 portional adjustment shall be made for periods when serv13 ices from the carrier were unavailable for usage by the 

14 Department of Defense, such as refused business, sus15 pended operations, or when the air carrier is placed in 

16 non-use status pursuant to section 2640 of this title for 

17 safety issues. If the cumulative annual purchases of actual 

18 transportation services exceed the minimum annual con19 tract amount for a carrier, no additional amount will be 

20 transferred. 

21 ‘‘(d) MERGER OF FUNDS.—Amounts available to the 

22 military departments for transportation equal to the pro23 portional share of usage by each military department shall 

24 be transferred to the transportation working capital fund 

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1 ment shall be entitled to obtain transportation of equal 

2 value or transfer that entitlement to other military depart3 ments or Department of Defense units. Such transferred 

4 value shall be merged with the appropriations of the re5 ceiving unit.’’. 

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

7 at the beginning of such chapter is amended by adding 

8 at the end the following new item: 

‘‘9515. Minimum annual purchase for Civil Reserve Air Fleet contracts.’’. 

9 SEC. 804. REVISIONS TO REQUIRED RECEIPT OBJECTIVES 

10 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

11 FROM THE NATIONAL DEFENSE STOCKPILE. 

12 (a) FISCAL YEAR 2000 DISPOSAL AUTHORITY.— 

13 Paragraph (5) of section 3402(b) of the National Defense 

14 Authorization Act for Fiscal Year 2000 (Public Law 106– 

15 65; 50 U.S.C. 98d note), as amended by section 3302 of 

16 the National Defense Authorization Act for Fiscal Year 

17 2006 (Public Law 109–163; 119 Stat. 3546), is amended 

18 by striking ‘‘$600,000,000 before’’ and inserting 

19 ‘‘$730,000,000 by’’. 

20 (b) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Sec21 tion 3303(a) of the Strom Thurmond National Defense 

22 Authorization Act for Fiscal Year 1999 (Public Law 105– 

23 261; 50 U.S.C. 98d note), as amended by section 3302(a) 

24 of the John Warner National Defense Authorization Act 

25 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

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1 2513), is amended by striking ‘‘$1,016,000,000’’ in para2 graph (7) and inserting ‘‘$1,469,102,000’’. 

3 Subtitle B—Amendments to Gen4 eral Contracting Authorities, 

5 Procedures, and Limitations 

6 SEC. 811. REVITALIZATION OF DEPARTMENT OF DEFENSE 

7 LABORATORIES. 

8 (a) LABORATORY REVITALIZATION.—Section 2805 of 

9 title 10, United States Code, is amended— 

10 (1) by redesignating subsection (d) as sub11 section (e); and 

12 (2) by inserting after subsection (c) the fol13 lowing new subsection (d): 

14 ‘‘(d) LABORATORY REVITALIZATION.—(1) For the 

15 revitalization and recapitalization of laboratories owned by 

16 the United States and under the jurisdiction of the Sec17 retary concerned, the Secretary may spend from appro18 priations available— 

19 ‘‘(A) for operation and maintenance amounts 

20 necessary to carry out an unspecified minor military 

21 construction project costing not more than 

22 $2,000,000; or 

23 ‘‘(B) for military construction not otherwise au24 thorized by law amounts necessary to carry out an 

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1 unspecified minor military construction project cost2 ing not more than $5,000,000. 

3 ‘‘(2) For projects conducted pursuant to this sub4 section, $2,000,000 shall be the amount applied for pur5 poses of subsection (b)(1). 

6 ‘‘(3) For purposes of this subsection, the term ‘lab7 oratory’ includes— 

8 ‘‘(A) a research, engineering, and development 

9 center; 

10 ‘‘(B) a test and evaluation activity; and 

11 ‘‘(C) any buildings, structures, or facilities lo12 cated at and supporting such centers or activities. 

13 ‘‘(4) For purposes of this subsection, the 

14 amounts allowed to be applied in any one fiscal year 

15 to projects at any one laboratory shall be limited in 

16 size to the larger of the amounts applicable as set 

17 forth in subsection (d)(1).’’. 

18 (b) STYLISTIC AMENDMENTS.—Such section is fur19 ther amended— 

20 (1) in subsection (a), by inserting ‘‘MILITARY

21 CONSTRUCTION FUNDING.—’’ after ‘‘(a)’’; 

22 (2) in subsection (b), by inserting ‘‘NOTIFICA23 TIONS.—’’ after ‘‘(b)’’; 

24 (3) in subsection (c), by inserting ‘‘OPERATION

25 AND MAINTENANCE FUNDING.—’’ after ‘‘(c)’’; and 

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1 (4) in subsection (e), as redesignated by sub2 section (a)(1), by inserting ‘‘LIMITATIONS.—’’ after 

3 ‘‘(e)’’. 

4 SEC. 812. EXTENSION OF THE AUTHORITY TO CARRY OUT 

5 CERTAIN PROTOTYPE PROJECTS. 

6 Section 845(i) of the National Defense Authorization 

7 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amend8 ed by striking ‘‘September 30, 2008’’ and inserting ‘‘Sep9 tember 30, 2013’’. 

10 SEC. 813. MULTIYEAR PROCUREMENT AUTHORITY FOR 

11 ELECTRICITY FROM RENEWABLE ENERGY 

12 SOURCES. 

13 (a) IN GENERAL.—Section 2410o(a) of title 10, 

14 United States Code, is amended— 

15 (1) by striking ‘‘and hydrazine-related prod16 ucts’’ and inserting ‘‘hydrazine-related products, and 

17 electricity from renewable energy sources which in18 clude, but are not limited to solar, wind, biomass, 

19 landfill gas, ocean (including tidal, wave, current 

20 and thermal), geothermal, municipal solid waste or 

21 new hydroelectric generation capacity achieved from 

22 increased efficiency at hydroelectric projects’’; and 

23 (2) by inserting before the period at the end the 

24 following: ‘‘or in the best interests of the United 

25 States’’. 

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

2 such section is amended to read as follows: 

3 ‘‘§ 2410o. Multiyear procurement authority: purchase 

4 of dinitrogen tetroxide, hydrazine, hydra5 zine-related products, and electricity 

6 from renewable energy’’. 

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

8 chapter 141 of such title is amended by striking the 

9 item relating to section 2410o and inserting the fol10 lowing new item: 

‘‘2410o. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydrazine, hydrazine-related products, and electricity from renewable energy.’’. 

11 SEC. 814. EXEMPTION FOR SPECIAL OPERATIONS COM12 MAND. 

13 (a) EXEMPTION.—Chapter 6 of title 10, United 

14 States Code, is amended by inserting after section 167a 

15 the following new section: 

16 ‘‘§ 167b. Exemption for the commander of the United 

17 States Special Operations Command 

18 ‘‘Pursuant to section 167 of this title, the commander 

19 of the special operations command is responsible for, and 

20 has the authority to conduct all affairs of, such command 

21 relating to special operations activities. The commander 

22 of the special operations command may carry out his func23 tions under section 167 without regard to sections 2401, 

24 et seq., of this title if the Secretary of Defense makes a 

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1 determination that carrying out such functions in such 

2 manner is required for national security interests.’’. 

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: 

‘‘167b. Exemption for the commander of the United States Special Operations 

Command.’’. 

6 TITLE IX—DEPARTMENT OF DE7 FENSE ORGANIZATION AND 

8 MANAGEMENT 

9 Subtitle A—Department of Defense 

10 Management 

11 SEC. 901. DEPARTMENT OF DEFENSE BOARD OF ACTU12 ARIES. 

13 (a)(1) ESTABLISHMENT.—There is established in the 

14 Department of Defense a Department of Defense Board 

15 of Actuaries (hereinafter in this section referred to as the 

16 ‘‘Board’’). The Board shall consist of three members who 

17 shall be appointed by the President from among qualified 

18 professional actuaries who are members of the Society of 

19 Actuaries. 

20 (2)(A) Except as provided in subparagraph (B), the 

21 members of the Board shall serve for a term of 15 years, 

22 except that a member of the Board appointed to fill a va23 cancy occurring before the end of the term for which his 

24 predecessor was appointed shall only serve until the end 

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1 of such term. A member may serve after the end of his 

2 term until his successor has taken office. A member of 

3 the Board may be removed by the President. 

4 (B) The three current members of the Department 

5 of Defense Retirement Board of Actuaries and the De6 partment of Defense Education Benefits Board of Actu7 aries shall serve the remainder of their existing terms as 

8 members of the Board pursuant to subparagraph (A). 

9 (C) A member of the Board who is not otherwise an 

10 employee of the United States is entitled to receive pay 

11 at the daily equivalent of the annual rate of basic pay of 

12 the highest rate of basic pay then currently being paid 

13 under the General Schedule of subchapter III of chapter 

14 53 of title 5, United States Code, for each day the member 

15 is engaged in the performance of duties vested in the 

16 Board and is entitled to travel expenses, including a per 

17 diem allowance, in accordance with section 5703 of title 

18 5. 

19 (b) REPORT.—The Board shall report to the Sec20 retary of Defense annually on the actuarial status of the 

21 Department of Defense Military Retirement Fund estab22 lished by section 1461 of title 10, United States Code, and 

23 the Department of Defense Education Benefits Fund es24 tablished by section 2006 of title 10, and shall furnish 

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1 its advice and opinion on matters referred to it by the Sec2 retary. 

3 (c) RECORDS.—The Secretary shall keep, or cause to 

4 be kept, such records as necessary for determining the ac5 tuarial status of the Funds. 

6 (d) DOD EDUCATION BENEFITS FUND.—The Board 

7 shall review valuations of the Department of Defense Edu8 cation Benefits Fund under section 2006(f) of title 10, 

9 United States Code, and shall recommend to the President 

10 and thereafter to the Congress such changes as in the 

11 Board’s judgment are appropriate and necessary to pro12 tect the public interest and maintain the Department of 

13 Defense Education Benefits Fund on a sound actuarial 

14 basis. 

15 (e) DOD MILITARY RETIREMENT FUND.—The 

16 Board shall review valuations of the Department of De17 fense Military Retirement Fund under section 1465(c) of 

18 title 10, United States Code, and shall report periodically, 

19 not less than once every four years, to the President and 

20 thereafter to the Congress on the status of the Depart21 ment of Defense Military Retirement Fund. The Board 

22 shall include in such report recommendations for such 

23 changes as in the Board’s judgment are appropriate and 

24 necessary to protect the public interest and maintain the 

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1 Department of Defense Military Retirement Fund on a 

2 sound actuarial basis. 

3 (f) REPEAL OF SUPERCEDED PROVISIONS.—(1) Sec4 tion 1464 of title 10, United States Code, is repealed. 

5 (2) Section 2006 of title 10 is amended by striking 

6 subsection (e). 

7 (g) CONFORMING AMENDMENTS.— 

8 (1) The table of sections at the beginning of 

9 chapter 74 of title 10, United States Code, is 

10 amended by striking the item relating to section 

11 1464. 

12 (2) Section 1175(h)(4) of such title is amended 

13 by striking ‘‘Retirement’’ the first place it appears. 

14 (3) Section 1460(b) of such title is amended by 

15 striking ‘‘Retirement’’. 

16 (4) Section 1466(c)(3) of such title is amended 

17 by striking ‘‘Retirement’’. 

18 (5) Section 12521(6) of such title is amended 

19 by striking ‘‘Department of Defense Education Ben20 efits Board of Actuaries referred to in section 

21 2006(e)(1) of this title’’ and inserting ‘‘Department 

22 of Defense Board of Actuaries’’. 

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1 SEC. 902. LIMITATION ON MAJOR DEPARTMENT OF DE2 FENSE HEADQUARTERS ACTIVITIES PER3 SONNEL. 

4 Section 130a of title 10, United States Code, is 

5 amended— 

6 (1) in subsection (c)(2), by striking ‘‘as Major 

7 DoD Headquarters Activities in accordance with De8 partment of Defense Directive 5100.73’’ and all that 

9 follows through the period at the end and inserting 

10 ‘‘in regulations prescribed by the Secretary of De11 fense.’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(e) FLEXIBILITY IN ORDER TO ACHIEVE COST SAV15 INGS OR ELIMINATE CONTRACTS ASSOCIATED WITH IN16 HERENTLY GOVERNMENTAL FUNCTIONS.—If the Sec17 retary of a military department or the commander of a 

18 combatant command certifies to the Secretary of Defense 

19 that a waiver of the limitation in subsection (a) or a re20 allocation among the military departments or combatant 

21 commands of the number of personnel permissible under 

22 subsection (a) either shall result in a cost savings or is 

23 necessary to eliminate a contract associated with an inher24 ently governmental function (including cost savings or the 

25 elimination of a contract resulting from guidelines and 

26 procedures prescribed pursuant to section 343 of the Namstockstill on PROD1PC66 with BILLS

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1 tional Defense Authorization Act for Fiscal Year 2006 

2 (Public Law 109–163)), the Secretary of Defense shall 

3 waive such limitation or make such reallocation to the ex4 tent necessary to achieve the cost savings or to eliminate 

5 the contract.’’. 

6 SEC. 903. FLEXIBILITY TO ADJUST THE NUMBER OF ARMY 

7 DEPUTY CHIEFS OF STAFF AND ASSISTANT 

8 CHIEFS OF STAFF. 

9 Section 3035(b) of title 10, United States Code, is 

10 amended to read as follows: 

11 ‘‘(b) The Secretary of the Army shall prescribe the 

12 number of Deputy Chiefs of Staff and Assistant Chiefs 

13 of Staff, for a total of not more than eight positions.’’. 

14 Subtitle B—Chemical 

15 Demilitarization Program 

16 SEC. 911. CHANGE IN TERMINATION REQUIREMENT FOR 

17 CHEMICAL DEMILITARIZATION CITIZENS’ AD18 VISORY COMMISSIONS. 

19 Section 172 of the National Defense Authorization 

20 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 

21 2341) is amended— 

22 (1) in subsections (b), (f), and (g), by striking 

23 ‘‘Assistant Secretary of the Army (Research, Devel24 opment, and Acquisition)’’ and inserting ‘‘Assistant 

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1 Secretary of the Army (Acquisition, Logistics, and 

2 Technology)’’; and 

3 (2) in subsection (h), by striking ‘‘after the 

4 stockpile located in that commission’s State has been 

5 destroyed’’ and inserting ‘‘after closure activities re6 quired pursuant to regulations promulgated by the 

7 Administrator of the Environmental Protection 

8 Agency pursuant to the Solid Waste Disposal Act 

9 (42 U.S.C. 6901 et seq.) have been completed for 

10 the chemical agent destruction facility in the com11 mission’s State, or upon the request of the Governor 

12 of the commission’s State, whichever occurs first’’. 

13 Subtitle C—Intelligence-Related 

14 Matters 

15 SEC. 921. REPEAL OF STANDARDS OF MANDATORY DIS16 QUALIFICATION FROM ELIGIBILITY FOR DE17 PARTMENT OF DEFENSE SECURITY CLEAR18 ANCE. 

19 Section 986 of title 10, United States Code, is re20 pealed. 

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1 SEC. 922. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

2 STATES CODE, ARISING FROM ENACTMENT 

3 OF THE INTELLIGENCE REFORM AND TER4 RORISM PREVENTION ACT OF 2004. 

5 (a) REFERENCES TO HEAD OF INTELLIGENCE COM6 MUNITY.—Title 10, United States Code, is amended by 

7 striking ‘‘Director of Central Intelligence’’ each place it 

8 appears in the following provisions and inserting ‘‘Director 

9 of National Intelligence’’: 

10 (1) Section 192(c)(2). 

11 (2) Section 193(d)(2). 

12 (3) Section 193(e). 

13 (4) Section 201(a). 

14 (5) Section 201(b)(1). 

15 (6) Section 201(c)(1). 

16 (7) Section 425(a). 

17 (8) Section 426(a)(3). 

18 (9) Section 426(b)(2). 

19 (10) Section 441(c). 

20 (11) Section 441(d). 

21 (12) Section 443(d). 

22 (13) Section 2273(b)(1). 

23 (14) Section 2723(a). 

24 (b) REFERENCES TO HEAD OF CENTRAL INTEL25 LIGENCE AGENCY.—Such title is further amended by 

26 striking ‘‘Director of Central Intelligence’’ each place it 

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1 appears in the following provisions and inserting ‘‘Director 

2 of the Central Intelligence Agency’’: 

3 (1) Section 431(b)(1). 

4 (2) Section 444. 

5 (c) OTHER AMENDMENTS.—Section 201 of such title 

6 is further amended— 

7 (1) in subsection (b), by amending paragraph 

8 (1) to read as follows: 

9 ‘‘(1) In the event of a vacancy in a position re10 ferred to in paragraph (2), before appointing an in11 dividual to fill the vacancy or recommending to the 

12 President an individual to be nominated to fill the 

13 vacancy, the Secretary of Defense shall obtain the 

14 concurrence of the Director of National Intelligence 

15 as provided in section 106(b) of the National Secu16 rity Act of 1947 (50 U.S.C. 403–6(b)).’’; and 

17 (2) in subsection (c), by striking ‘‘National For18 eign Intelligence Program’’ and inserting ‘‘National 

19 Intelligence Program’’. 

20 SEC. 923. PROTECTION OF INFORMATION REGARDING 

21 WEAPONS OF MASS DESTRUCTION. 

22 (a) PROHIBITION FROM DISCLOSURE UNDER FREE23 DOM OF INFORMATION ACT.—Information in the posses24 sion of the Department of Defense concerning weapons of 

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1 tion, shall not be disclosed under section 552 of title 5, 

2 United States Code (commonly referred to as the Freedom 

3 of Information Act (FOIA)) for the period of time the sen4 sitivity of the information can be reasonably confirmed. 

5 Any information controlled under the Atomic Energy Act 

6 of 1954, as amended, is exempt from the provisions of this 

7 Act. This exemption shall be implemented in a manner 

8 so as to not unduly restrict the public’s current level of 

9 access to environmental impact statements, records con10 cerning healthcare activities, or other information essen11 tial to inform official decision-making concerning the 

12 health and safety of the public. 

13 (b) REQUIREMENT FOR SAFEGUARDING.—The De14 partment of Defense shall safeguard information con15 cerning weapons of mass destruction commensurate with 

16 the sensitivity of the information concerned and shall take 

17 all reasonable actions to ensure parties outside the Federal 

18 government with whom the Department shares such infor19 mation safeguard it in the same manner. 

20 (c) APPLICATION OF STATE OR LOCAL DISCLOSURE

21 LAWS.—Information subject to this section that the De22 partment has provided to state and local authorities shall 

23 not be made available pursuant to any state or local law 

24 requiring disclosure of information or records. 

25 (d) DEFINITIONS.—In this section: 

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1 (1) The term ‘‘weapon of mass destruction’’ has 

2 the same meaning as given in the Defense Against 

3 Weapons of Mass Destruction Act of 1996 (50 

4 U.S.C. 2302). 

5 (2) The term ‘‘information concerning weapons 

6 of mass destruction’’ means information that— 

7 (A) would assist in developing, producing, 

8 or using weapons of mass destruction or in 

9 evading the detection or the monitoring of the 

10 development, production, use, or presence of 

11 weapons of mass destruction; or 

12 (B) would disclose a vulnerability to the ef13 fects of a weapon of mass destruction; and 

14 (C) has been determined to be currently 

15 sensitive by an official designated as an Initial 

16 Denial Authority for the Department of De17 fense component concerned pursuant to Depart18 ment of Defense Directive 5400.7–R, ‘‘DoD 

19 Freedom of Information Act Program’’, Sep20 tember 1998, or successor directive. 

21 Examples of such information could include informa22 tion that remains current and sensitive, such as but 

23 not limited to, formulas and design descriptions of 

24 lethal and incapacitating materials; maps, designs, 

25 security/emergency response plans, and vulnerability 

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1 assessments for facilities containing weapons of 

2 mass destruction materials; studies of the effects 

3 and possible methods of weaponization of weapons of 

4 mass destruction materials; design details, capabili5 ties, and application of detection, surveillance, coun6 termeasures, and measurement equipment or plans; 

7 United States Government evaluations of response 

8 plans of state and local governments; and evaluation 

9 of weapons of mass destruction dispersal systems or 

10 methods. 

11 (e) REPORTING.—Ninety days following the one-year 

12 anniversary of the effective date of this section, the De13 partment of Defense will provide to the Department of 

14 Justice and the Office of Management and Budget a re15 port detailing the number of FOIA requests received for 

16 information covered under this section, a description of 

17 the information requested, and specific actions taken as 

18 a result of the request. 

19 TITLE X—GENERAL PROVISIONS 

20 Subtitle A—Financial Matters 

21 SEC. 1001. SHORT-TERM INVESTMENT OF BURDEN SHAR22 ING CONTRIBUTIONS FROM REPUBLIC OF 

23 KOREA. 

24 Section 2350j(b) of title 10, United States Code, is 

25 amended— 

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1 (1) by striking ‘‘Contributions’’ and inserting 

2 ‘‘(1) Contributions’’; and 

3 (2) by inserting at the end the following new 

4 paragraph: 

5 ‘‘(2) The Secretary of Defense may authorize 

6 the deposit of contributions accepted under sub7 section (a) from the Republic of Korea in Korean 

8 Won into an account that is interest bearing if the 

9 contributions are invested in treasury obligations of 

10 the Republic of Korea of not more than six months 

11 maturity. Interest received on such accounts shall be 

12 treated the same as the contributions on which the 

13 interest was earned and shall be available for the 

14 same purpose as those contributions.’’. 

15 SEC. 1002. INCREASE LIMITATION ON ADVANCE BILLING OF 

16 WORKING CAPITAL FUND CUSTOMERS. 

17 Section 2208(l)(3) of title 10, United States Code, 

18 is amended by striking ‘‘$1,000,000,000’’ and inserting 

19 ‘‘$2,000,000,000’’. 

20 Subtitle B—Policy Relating to 

21 Vessels and Shipyards 

22 SEC. 1011. TEMPORARY WAIVER OF THE MINIMUM AIR23 CRAFT CARRIER REQUIREMENT. 

24 Section 5062(b) of title 10, United States Code, is 

25 amended by inserting after the first sentence the following 

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1 new sentence: ‘‘Notwithstanding the preceding sentence or 

2 any other provision of law, the naval combat forces of the 

3 Navy may include less than 11 operational aircraft car4 riers for the period of time between the decommissioning 

5 of the USS ENTERPRISE (CVN 65) and the commis6 sioning of the CVN 78.’’. 

7 Subtitle C—Counter-Drug 

8 Activities 

9 SEC. 1021. USE OF FUNDS FOR COUNTER-DRUG AND 

10 COUNTER-TERRORISM. 

11 Section 1022(b) of the National Defense Authoriza12 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

13 Stat. 1594), as amended by section 1022 of the National 

14 Defense Authorization Act for Fiscal Year 2006 (Public 

15 Law 109–163; 119 Stat. 3427), is further amended by 

16 striking ‘‘fiscal years 2006 and 2007’’ and inserting ‘‘fis17 cal year 2008’’. 

18 Subtitle D—Matters Related to 

19 Homeland Security 

20 SEC. 1031. SUPPORT TO NATIONAL SPECIAL SECURITY 

21 EVENTS AND OTHER CRITICAL NATIONAL SE22 CURITY ACTIVITIES. 

23 (a) IN GENERAL.—Chapter 1 of title 32, United 

24 States Code, is amended by adding at the end the fol25 lowing new section: 

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1 ‘‘§ 116. Defense support of civil authorities 

2 ‘‘(a) IN GENERAL.—At the request of a Federal de3 partment or agency head, and when authorized by the Sec4 retary of Defense, the Governor of a State may employ 

5 under this title units or members of the National Guard 

6 of that State to provide defense support of civil authorities 

7 to the requesting Federal department or agency, as speci8 fied in subsection (c). Subject to the exceptions in sub9 sections (d), the costs incurred by the National Guard 

10 shall be reimbursed to the Department of Defense from 

11 the appropriations available to the Federal department or 

12 agency to which the support was provided. This reimburse13 ment will include the costs of— 

14 ‘‘(1) the pay, allowances, clothing, subsistence, 

15 gratuities, travel, and related expenses of personnel 

16 of the National Guard of that State; 

17 ‘‘(2) the operation and maintenance of the 

18 equipment and facilities of the National Guard of 

19 that State; and 

20 ‘‘(3) the procurement of services and equip21 ment, and the leasing of equipment, for the National 

22 Guard of that State. 

23 ‘‘(b) CREDITING OF RECEIPTS.—Any funds received 

24 by the Department of Defense as reimbursement for sup25 port provided by units or members of the National Guard 

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1 under this section shall be credited, at the option of the 

2 Secretary of Defense, to: 

3 ‘‘(1) the appropriation, fund, or account to fund 

4 the support; or 

5 ‘‘(2) the appropriate appropriation, fund, or ac6 count currently available for such purpose. 

7 ‘‘(c) ACTIVITIES INCLUDED.—Defense support of 

8 civil authorities activities authorized by subsection (a) in9 clude support provided for National Special Security 

10 Events and other activities determined by the Secretary 

11 of Defense as being critical to national security such as: 

12 ‘‘(1) Ground reconnaissance activities; 

13 ‘‘(2) Airborne reconnaissance activities; 

14 ‘‘(3) Logistical support; 

15 ‘‘(4) Emergency medical assistance and serv16 ices; 

17 ‘‘(5) Communications services; 

18 ‘‘(6) Security assistance and services; and 

19 ‘‘(7) Air and ground transportation. 

20 ‘‘(d) WAIVER OF REIMBURSEMENT.—A Federal de21 partment or agency to which support is provided under 

22 this chapter is not required to reimburse the Department 

23 of Defense for such support if the Secretary of Defense 

24 waives reimbursement. The Secretary of Defense may 

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1 waive the reimbursement requirement under this section 

2 if— 

3 ‘‘(1) the support is provided in the normal 

4 course of military training or operations; or 

5 ‘‘(2) the support provided results in a benefit to 

6 units or members of the National Guard providing 

7 the support that is substantially equivalent to that 

8 which would otherwise be obtained from military op9 erations or training. 

10 ‘‘(e) REQUIREMENTS FOR REQUESTS.—Requests for 

11 assistance from Federal departments or agencies under 

12 this section shall be submitted to the Secretary of Defense. 

13 Any such request shall include the following: 

14 ‘‘(1) The specific support capability requested. 

15 ‘‘(2) The duration of the requested support ac16 tivities. 

17 ‘‘(3) A certification that the requested support 

18 activities will be fully reimbursable. 

19 ‘‘(4) A certification from the Governor of the 

20 involved State(s) that the requested support will be 

21 provided at a time when the personnel involved are 

22 not in Federal service. 

23 ‘‘(f) CHARACTERIZATION OF SERVICE.—All duty per24 formed under this section shall be considered to be fullmstockstill on PROD1PC66 with BILLS

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1 time National Guard duty under section 502(f) of this 

2 title. 

3 ‘‘(g) DURATION.—The period for which support may 

4 be provided to a Federal department or agency under this 

5 section shall be limited to 180 days. When requested by 

6 the head of a Federal department or agency, the Secretary 

7 of Defense may, with the concurrence of the Governor of 

8 the State, extend the period of time for an additional 90 

9 days to meet extraordinary circumstances. 

10 ‘‘(h) TRAINING AND BENEFITS.—A member of the 

11 National Guard performing duty under this section shall, 

12 in addition to performing such duty, participate in the 

13 training required under section 502(a) of this title. The 

14 pay, allowances, and other benefits of the member while 

15 participating in the training shall be the same as those 

16 to which the member is entitled while performing the duty 

17 under this chapter. The member is not entitled to addi18 tional pay, allowances, or other benefits for participation 

19 in training required under section 502(a)(1) of this title. 

20 ‘‘(i) TRAINING LIMITATIONS.—To ensure that the 

21 use of units and personnel of the National Guard of a 

22 State for activities specified in subsections (a) and (b) of 

23 this section does not degrade the training and readiness 

24 of such units and personnel, the following requirements 

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1 shall apply in determining the activities that units and 

2 personnel of the National Guard of a State may perform: 

3 ‘‘(1) The performance of the activities is not to 

4 affect adversely the quality of that training or other5 wise interfere with the ability of a member or unit 

6 of the National Guard to perform the military func7 tions of the member or unit. 

8 ‘‘(2) The performance of the activities is not to 

9 degrade the military skills of the members of the 

10 National Guard performing those activities. 

11 ‘‘(j) SUPPORT EXCLUDED.—Defense support of civil 

12 authorities activities conducted under authority of this 

13 section may not be provided if the provision of such sup14 port will affect adversely the military preparedness of the 

15 United States. 

16 ‘‘(k) RELATIONSHIP TO OTHER AUTHORITIES.— 

17 Nothing in this chapter shall be construed as a limitation 

18 on the authority of any unit of the National Guard of a 

19 State, when such unit is not in Federal service, to perform 

20 functions authorized to be performed by the National 

21 Guard by the laws of the State concerned. 

22 ‘‘(l) DEFINITIONS.—For purposes of this section: 

23 ‘‘(1) The term ‘State’ means each of the several 

24 States, the District of Columbia, the Commonwealth 

25 of Puerto Rico, Guam or the Virgin Islands. 

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1 ‘‘(2) The term ‘National Special Security 

2 Event’ means an event designated as such as au3 thorized by the President that, by virtue of its polit4 ical, economic, social, or religious significance, may 

5 be the target of terrorism or other criminal activ6 ity.’’. 

7 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

8 (1) The table of sections at the beginning of 

9 such chapter is amended by adding at the end the 

10 following new item: 

‘‘116. Defense support of civil authorities.’’. 

11 (2) Section 115 of title 10, United States Code, 

12 is amended— 

13 (A) by redesignating subsection (i) (the 

14 second place it appears) as subsection (j); and 

15 (B) in subsection (j), as redesignated, by 

16 inserting ‘‘or defense support of civil authorities 

17 under section 116’’ after ‘‘chapter 9’’. 

18 Subtitle E—Other Matters 

19 SEC. 1041. PROTECTION OF DEPARTMENT OF DEFENSE 

20 PERSONS DESIGNATED BY THE SECRETARY 

21 OF DEFENSE. 

22 Section 2674(b)(1) of title 10, United States Code, 

23 is amended— 

24 (1) in the matter preceding subparagraph (A), 

25 by inserting after the first sentence the following 

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1 new sentence: ‘‘In addition, the Secretary may au2 thorize such law enforcement and security personnel 

3 to provide for the physical security and protection of 

4 Department of Defense personnel and others entitled 

5 to federal protection from assault and other crimes 

6 of violence under federal statutes, within or outside 

7 the United States, when threat conditions cause the 

8 Secretary to determine that such protection is nec9 essary for reasons of national security.’’; 

10 (2) in subparagraph (A), by striking ‘‘status; 

11 and’’ and inserting ‘‘status within or outside the 

12 United States;’’; 

13 (3) by striking the period at the end of sub14 paragraph (B) and inserting ‘‘; and’’; and 

15 (4) by adding at the end the following new sub16 paragraphs: 

17 ‘‘(C) may, when providing for the physical 

18 security and protection of persons under this 

19 section, make arrests without a warrant for vio20 lations of the United States Code committed in 

21 their presence to the extent otherwise author22 ized by law. 

23 ‘‘(D) Nothing in paragraph (1) shall be 

24 construed to preclude or limit, in any way, the 

25 implied or inherent powers of the Secretary of 

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1 Defense, the duties and authorities of the 

2 United States Department of State, United 

3 States Secret Service or any other Federal law 

4 enforcement agency. 

5 ‘‘(E) The powers granted to law enforce6 ment and security personnel under paragraph 

7 (1), who provide for the physical security and 

8 protection of Department of Defense personnel 

9 entitled to federal protection from assault and 

10 other crimes of violence under federal statutes, 

11 shall be exercised only in accordance with 

12 guidelines approved by the Secretary and the 

13 Attorney General; said powers shall be exercised 

14 with the concurrence of the Department of 

15 State to the extent they are exercised outside 

16 the United States.’’. 

17 SEC. 1042. CANCELLATION OF USE OF AIRCRAFT FOR PRO18 FICIENCY FLYING: LIMITATION. 

19 (a) IN GENERAL.—Section 2245 of title 10, United 

20 States Code, is repealed. 

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

22 at the beginning of subchapter 1 of chapter 134 of such 

23 title is amended by striking the item relating to section 

24 2245. 

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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2007. 

3 SEC. 1043. PROMPT CONVERSION OF ARMY FORCES IN HA4 WAII. 

5 (a) FINDING.—The Congress finds that the conver6 sion in Hawaii of the 2nd Brigade of the 25th Infantry 

7 Division to a Stryker Brigade Combat Team is necessary 

8 to the national defense, supports U.S. foreign policy, and 

9 conforms to prior direction of Congress with regard to the 

10 reorganization of the Army into a more effective fighting 

11 force. 

12 (b) CONVERSION.—The Secretary of the Army shall 

13 convert the 2nd Brigade of the 25th Infantry Division to 

14 a Stryker Brigade Combat Team, at its current location, 

15 and such conversion shall proceed to completion notwith16 standing any other provision of law. 

17 SEC. 1044. EXPAND COOPERATIVE AGREEMENT AUTHORITY 

18 FOR MANAGEMENT OF CULTURAL RE19 SOURCES TO INCLUDE OFF-INSTALLATION 

20 MITIGATION. 

21 (a) EXPANDED AUTHORITY.—Section 2684(a) of 

22 title 10, United States Code, is amended to read as fol23 lows: 

24 ‘‘(a) AUTHORITY.—(1) The Secretary of Defense or 

25 the secretary of a military department may enter into a 

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1 cooperative agreement with a State, local or tribal govern2 ment or other entity— 

3 ‘‘(A) for the preservation, management, mainte4 nance, and improvement of cultural resources; and 

5 ‘‘(B) for the conduct of research regarding cul6 tural resources. 

7 ‘‘(2) Such cultural resources must be located— 

8 ‘‘(A) on a military installation; or 

9 ‘‘(B) off a military installation, but only if the 

10 cooperative agreement directly relieves or eliminates 

11 current or anticipated restrictions that would or 

12 might restrict, impede, or otherwise interfere, wheth13 er directly or indirectly, with current or anticipated 

14 military training, testing, or operations on the in15 stallation. 

16 ‘‘(3) Activities under the cooperative agreement shall 

17 be subject to the availability of funds to carry out the co18 operative agreement.’’. 

19 (b) EXPANDED DEFINITION.—Subsection (c) of such 

20 section is amended by adding at the end the following new 

21 paragraph: 

22 ‘‘(5) An Indian sacred site, as that term is de23 fined in section 1(b)(iii) of Executive Order 13007.’’. 

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1 TITLE XI—CIVILIAN PERSONNEL 

2 MATTERS 

3 SEC. 1101. INCREASE IN AUTHORIZED NUMBER OF DE4 FENSE INTELLIGENCE SENIOR EXECUTIVE 

5 SERVICE EMPLOYEES. 

6 Section 1606(a) of title 10, United States Code, is 

7 amended by striking ‘‘594’’ and inserting ‘‘644 in fiscal 

8 year 2008 and 694 in fiscal year 2009’’. 

9 TITLE XII—MATTERS RELATING 

10 TO FOREIGN NATIONS 

11 Subtitle A—Assistance and 

12 Training 

13 SEC. 1201. PROVISION OF SUPPORT AND SERVICES TO FOR14 EIGN MILITARY AND STATE AIRCRAFT. 

15 (a) IN GENERAL.—(1) Section 9626 of title 10, 

16 United States Code, is amended to read as follows: 

17 ‘‘§ 9626. Aircraft supplies and services: foreign mili18 tary or other foreign state aircraft 

19 ‘‘(a) AUTHORITY.—The Secretary of the Air Force, 

20 under such regulations as he may prescribe, may provide 

21 any of the following supplies or services, when in the best 

22 interests of the United States, on a reimbursable basis 

23 without an advance of funds if similar supplies and serv24 ices are furnished on a like basis to military aircraft and 

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1 other state aircraft of the United States by the foreign 

2 country concerned: 

3 ‘‘(1) Routine airport services, including landing 

4 and takeoff assistance, servicing aircraft with fuel, 

5 use of runways, parking and servicing, baggage and 

6 cargo loading and unloading, to military and other 

7 state aircraft of foreign countries. 

8 ‘‘(2) Miscellaneous supplies, including Air 

9 Force-owned fuel, provisions, spare parts, and gen10 eral stores, but not including ammunition, to mili11 tary and other state aircraft of foreign countries. 

12 ‘‘(b) ROUTINE AIRPORT SERVICES.—(1) Routine air13 port services may be furnished under this section at no 

14 cost to the foreign country concerned where such services 

15 are provided by United States Air Force personnel and 

16 equipment without direct cost to the Air Force. 

17 ‘‘(2) When furnishing routine airport services 

18 under this section to military or other state aircraft 

19 of a foreign country, the Secretary may furnish such 

20 services without reimbursement if such services are 

21 provided under an agreement that provides for the 

22 reciprocal furnishing by such country of routine air23 port services to military and other state aircraft of 

24 the United States without reimbursement. 

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1 ‘‘(3) If routine airport services are furnished 

2 under this section by a working-capital fund activity 

3 of the Air Force established under section 2208 of 

4 this title and such activity is not reimbursed directly 

5 for the costs incurred by the activity in furnishing 

6 those services by reason of paragraph (2), the work7 ing-capital fund activity shall be reimbursed for such 

8 costs out of operating funds currently available to 

9 the Air Force.’’. 

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

11 chapter 939 of such title is amended by striking the 

12 item relating to section 9626 and inserting the fol13 lowing new item: 

‘‘9626. Aircraft supplies and services: foreign military or other foreign state aircraft.’’. 

14 (b) CONFORMING AMENDMENT.—Section 9629(3) of 

15 such title is amended by striking ‘‘of a foreign military 

16 or air attache ́’’. 

17 Subtitle B—Nonproliferation 

18 Matters and Countries of Concern 

19 SEC. 1211. REPEAL OF CERTAIN LAWS PERTAINING TO THE 

20 JOINT COMMITTEE FOR THE REVIEW OF 

21 COUNTERPROLIFERATION PROGRAMS. 

22 (a) JOINT COMMITTEE FOR THE REVIEW OF

23 COUNTERPROLIFERATION PROGRAMS OF THE UNITED

24 STATES.—Section 1605 of the National Defense Authormstockstill on PROD1PC66 with BILLS

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1 ization Act for Fiscal Year 1994 (title XVI of Public Law 

2 103–160; 22 U.S.C. 2751 note) is repealed. 

3 (b) REPORTS ON COUNTERPROLIFERATION ACTIVI4 TIES AND PROGRAMS.—Section 1503 of the National De5 fense Authorization Act for Fiscal Year 1995 (title XV 

6 of Public Law 103–337; 22 U.S.C. 2751 note) is repealed. 

7 Subtitle C—Other Matters 

8 SEC. 1221. AMENDMENT TO THE COMPOSITION OF THE 

9 BOARD OF VISITORS OF THE WESTERN HEMI10 SPHERE INSTITUTE FOR SECURITY CO11 OPERATION. 

12 Section 2166(e)(1)(F) of title 10, United States 

13 Code, is amended to read as follows: 

14 ‘‘(F) The commanders of the combatant 

15 commands having geographic responsibilities for 

16 the Western Hemisphere, or designees of those 

17 officers.’’. 

18 TITLE XIII—MATTERS RELATED 

19 TO DEFENSE AGAINST TER20 RORISM AND RELATED SECU21 RITY MATTERS 

22 SEC. 1301. RATIONALIZING REWARDS FOR ASSISTANCE IN 

23 COMBATING TERRORISM. 

24 Section 127b of title 10, United States Code, is 

25 amended— 

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1 (1) in subsection (b), by striking ‘‘$200,000’’ 

2 and inserting ‘‘$5,000,000’’; 

3 (2) in subsection (c)(1)(B), by striking 

4 ‘‘$50,000’’ and inserting ‘‘$1,000,000’’; and 

5 (3) in subsection (d)(2), by striking 

6 ‘‘$100,000’’ and inserting ‘‘$2,000,000’’. 

7 TITLE XIV—ADDITIONAL AU8 THORIZATIONS FOR IN9 CREASED COSTS DUE TO THE 

10 GLOBAL WAR ON TERROR 

11 FOR MILITARY ACTIVITIES 

12 AND MILITARY CONSTRUC13 TION FOR FISCAL YEAR 2008 

14 SEC. 1401. ARMY PROCUREMENT. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2008 for procurement for the Army as follows: 

17 (1) For aircraft, $1,900,306,000. 

18 (2) For missiles, $492,734,000. 

19 (3) For weapons and tracked combat vehicles, 

20 $4,780,172,000. 

21 (4) For ammunition, $313,000,000. 

22 (5) For other procurement, $13,630,977,000. 

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1 SEC. 1402. NAVY AND MARINE CORPS PROCUREMENT. 

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 2008 for procurement for the Navy 

4 as follows: 

5 (1) For aircraft, $3,099,958,000. 

6 (2) For weapons, including missiles and tor7 pedoes, $251,281,000. 

8 (3) For other procurement, $793,311,000. 

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

10 be appropriated for fiscal year 2008 for procurement for 

11 the Marine Corps in the amount of $2,462,140,000. 

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

13 are hereby authorized to be appropriated for fiscal year 

14 2008 for procurement of ammunition for the Navy and 

15 Marine Corps in the amount of $590,090,000. 

16 SEC. 1403. AIR FORCE PROCUREMENT. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2008 for procurement for the Air Force as fol19 lows: 

20 (1) For aircraft, $3,336,809,000. 

21 (2) For ammunition, $74,005,000. 

22 (3) For missiles, $1,800,000. 

23 (4) For other procurement, $3,760,206,000. 

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1 SEC. 1404. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2008 for Defense-wide procurement in the 

4 amount of $469,768,000. 

5 SEC. 1405. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

6 FUND. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2008 for the Joint Improvised Explosive Device 

9 Defeat Fund in the amount of $4,000,000,000. 

10 SEC. 1406. RESEARCH, DEVELOPMENT, TEST, AND EVALUA11 TION. 

12 Funds are hereby authorized to be appropriated for 

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

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

15 (1) For the Army, $141,653,000. 

16 (2) For the Navy, $618,428,000. 

17 (3) For the Air Force, $1,369,781,000. 

18 (4) For Defense-wide activities, $727,498,000. 

19 SEC. 1407. OPERATION AND MAINTENANCE FUNDING. 

20 Funds are hereby authorized to be appropriated for 

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

22 activities and agencies of the Department of Defense, for 

23 expenses, not otherwise provided for, for operation and 

24 maintenance, in amounts as follows: 

25 (1) For the Army, $46,230,964,000. 

26 (2) For the Navy, $5,426,407,000. 

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1 (3) For the Marine Corps, $4,013,093,000. 

2 (4) For the Air Force, $10,536,330,000. 

3 (5) For the Defense-wide activities, 

4 $6,098,990,000. 

5 (6) For the Army Reserve, $158,410,000. 

6 (7) For the Navy Reserve, $69,598,000. 

7 (8) For the Marine Corps Reserve, $68,000,000 

8 (9) For the Army National Guard, 

9 $466,150,000. 

10 (10) For the Air National Guard, $31,168,000. 

11 SEC. 1408. WORKING CAPITAL FUNDS. 

12 Funds are hereby authorized to be appropriated for 

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

14 activities and agencies of the Department of Defense for 

15 providing capital for working capital and revolving funds 

16 in amounts as follows: 

17 (1) For the Defense Working Capital Funds, 

18 $1,676,275,000. 

19 (2) For the National Defense Sealift Fund, 

20 $5,110,000. 

21 SEC. 1409. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

22 (a) DEFENSE HEALTH PROGRAM.—Funds are here23 by authorized to be appropriated for the Department of 

24 Defense for fiscal year 2008 for expenses, not otherwise 

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

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1 amount of $1,022,842,000 is for Operation and Mainte2 nance. 

3 (b) DRUG INTERDICTION AND COUNTER-DRUG AC4 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

5 to be appropriated for the Department of Defense for fis6 cal year 2008 for expenses, not otherwise provided for, for 

7 Drug Interdiction and Counter-Drug Activities, Defense8 wide, in the amount of $257,618,000. 

9 (c) DEFENSE INSPECTOR GENERAL.—Funds are 

10 hereby authorized to be appropriated for the Department 

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

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

13 the Department of Defense, in the amount of $4,394,000, 

14 is for Operation and Maintenance. 

15 SEC. 1410. IRAQ FREEDOM FUND. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2008 for the Iraq Freedom Fund in the amount 

18 of $107,500,000. 

19 SEC. 1411. AFGHANISTAN SECURITY FORCES FUND. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2008 for the Afghanistan Security Forces Fund 

22 in the amount of $2,700,000,000. 

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1 SEC. 1412. IRAQ SECURITY FORCES FUND. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2008 for the Iraq Security Forces Fund in the 

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

5 SEC. 1413. ADDITIONAL END STRENGTHS FOR ACTIVE 

6 FORCES. 

7 In addition to the end strengths authorized in section 

8 401 of this Act, the Armed Forces are authorized addi9 tional strengths for active duty personnel as of September 

10 30, 2008, as follows: 

11 (1) The Army, 36,000. 

12 (2) The Marine Corps, 9,000. 

13 SEC. 1414. MILITARY PERSONNEL. 

14 This section would authorize an additional 

15 $17,070,263,000 for military personnel. 

16 SEC. 1415. AUTHORIZED ARMY CONSTRUCTION AND LAND 

17 ACQUISITION PROJECTS. 

18 Using amounts appropriated pursuant to the author19 ization of appropriations in section 1415(1), the Secretary 

20 of the Army may acquire real property and carry out mili21 tary construction projects for the installations or locations 

22 outside the United States, and in the amounts set forth 

23 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 

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Army: Outside the United States—Continued 

Country Installation or Location Amount 

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 103,700,000 

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 

1 SEC. 1416. MILITARY CONSTRUCTION AUTHORIZATION OF 

2 APPROPRIATIONS, ARMY. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal years beginning after September 30, 2007, for mili5 tary construction, land acquisition, and military family 

6 housing functions of the Department of the Army in the 

7 total amount of $738,850,000 as follows: 

8 (1) For military construction projects outside 

9 the United States authorized by section 607(a), 

10 $719,450,000. 

11 (2) For architectural and engineering services 

12 and construction design under section 2807 of title 

13 10, United States Code, $19,400,000. 

14 SEC. 1417. AUTHORIZED NAVY CONSTRUCTION AND LAND 

15 ACQUISITION PROJECTS. 

16 Using amounts appropriated pursuant to the author17 ization of appropriations in section 1417(1), the Secretary 

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1 of the Navy may acquire real property and carry out mili2 tary construction projects for the installations or locations 

3 inside the United States, and in the amounts set forth 

4 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 

5 SEC. 1418. MILITARY CONSTRUCTION AUTHORIZATION OF 

6 APPROPRIATIONS, NAVY. 

7 Subject to section 2825 of title 10, United States 

8 Code, funds are hereby authorized to be appropriated for 

9 fiscal years beginning after September 30, 2007, for mili10 tary construction, land acquisition, and military family 

11 housing functions of the Department of the Navy in the 

12 total amount of $169,071,000, as follows: 

13 (1) For military construction projects inside the 

14 United States authorized by section 2201(a), 

15 $149,814,000. 

16 (2) For architectural and engineering services 

17 and construction design under section 2807 of title 

18 10, United States Code, $7,491,000. 

19 (3) For construction and acquisition, planning 

20 and design, and improvement of military family 

21 housing and facilities, $11,766,000. 

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1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS 

4 SEC. 2001. SHORT TITLE. 

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2008’’. 

7 TITLE XXI—ARMY 

8 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

9 ACQUISITION PROJECTS. 

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

11 appropriated pursuant to the authorization of appropria12 tions in section 2104(a)(1), the Secretary of the Army 

13 may acquire real property and carry out military construc14 tion projects for the installations or locations inside the 

15 United States, and in the amounts, set forth in the fol16 lowing table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama Anniston Army Depot 26,000,000 

Alaska Fort Wainwright 74,000,000 

Arizona Fort Huachuca 11,000,000 

California Fort Irwin 24,000,000 

Presidio, Monterey 28,000,000 

Colorado Fort Carson 14,200,000 

Delaware Dover Air Force Base 17,500,000 

Florida Eglin Air Force Base 66,000,000 

Miami Doral 237,000,000 

Georgia Fort Benning 185,800,000 

Fort Stewart/Hunter Army Air Field 62,000,000 

Hawaii Fort Shafter 31,000,000 

Schofield Barracks 88,000,000 

Wheeler Army Air Field 51,000,000 

Kansas Fort Leavenworth 55,000,000 

Fort Riley 28,000,000 

Kentucky Fort Campbell 54,000,000 

Fort Knox 6,700,000 

Missouri Fort Leonard Wood 7,800,000 

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Army: Inside the United States—Continued 

State Installation or Location Amount 

Nevada Hawthorne Army Ammunition Plant 11,800,000 

New York Fort Drum 151,000,000 

North Carolina Fort Bragg 55,800,000 

Oklahoma Fort Sill 2,900,000 

Texas Camp Bullis 1,600,000 

Fort Hood 47,000,000 

Fort Sam Houston 1,950,000 

Red River Army Depot 9,200,000 

Virginia Fort Belvoir 13,000,000 

Washington Fort Lewis 5,000,000 

Yakima Training Center 29,000,000 

Total 1,395,250,000 

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

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

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan Afghanistan 13,800,000 

Bulgaria Nevo Selo FOS 61,000,000 

Germany Grafenwoehr 62,000,000 

Honduras Honduras Various Locations 2,550,000 

Italy Vicenza 173,000,000 

Korea Camp Humphreys 57,000,000 

Romania Romania Various Locations 12,600,000 

Total 381,950,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

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

11 may acquire real property and carry out military construcmstockstill on PROD1PC66 with BILLS

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1 tion projects for unspecified installations or locations in 

2 the amount set forth in the following table: 

Army: Unspecified Worldwide 

Location Installation or Location Amount 

Unspecified Worldwide Grow the Force 1,608,129,000 

Total 1,608,129,000 

3 SEC. 2102. FAMILY HOUSING. 

4 (a) CONSTRUCTION AND ACQUISITION.—Using 

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2104(a)(6)(A), the Secretary of the 

7 Army may construct or acquire family housing units (in8 cluding land acquisition and supporting facilities) at the 

9 installations or locations, in the number of units, and in 

10 the amounts set forth in the following table: 

Army: Family Housing 

Country Installation or Location Purpose Amount 

Germany Ansbach 138 Units 52,000,000 

Total 52,000,000 

11 (b) PLANNING AND DESIGN.—Using amounts appro12 priated pursuant to the authorization of appropriations in 

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

14 carry out architectural and engineering services and con15 struction design activities with respect to the construction 

16 or improvement of family housing units in an amount not 

17 to exceed $2,000,000. 

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1 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

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

6 the Secretary of the Army may improve existing military 

7 family housing units in an amount not to exceed 

8 $365,400,000. 

9 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

11 are hereby authorized to be appropriated for fiscal years 

12 beginning after September 30, 2007, for military con13 struction, land acquisition, and military family housing 

14 functions of the Department of the Army in the total 

15 amount of $5,201,517,000 as follows: 

16 (1) For military construction projects inside the 

17 United States authorized by section 2101(a), 

18 $1,395,250,000. 

19 (2) For military construction projects outside 

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

21 $381,950,000. 

22 (3) For military construction projects at un23 specified worldwide locations authorized by section 

24 2101(c), $1,608,129,000. 

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1 (4) For unspecified minor military construction 

2 projects authorized by section 2805 of title 10, 

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

4 (5) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $481,468,000. 

7 (6) For military family housing functions: 

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military 

10 family housing and facilities, $419,400,000. 

11 (B) For support of military family housing 

12 (including the functions described in section 

13 2833 of title 10, United States Code), 

14 $742,920,000. 

15 (7) For the construction of increment 3 of a 

16 barracks complex at Fort Bragg, North Carolina, 

17 authorized by section 2101(a) of the Military Con18 struction Authorization Act for Fiscal Year 2006 

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

20 3485), $47,400,000. 

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

22 barracks complex at Fort Lewis, Washington, au23 thorized by section 2101(a) of the Military Construc24 tion Authorization Act for Fiscal Year 2007 (divimstockstill on PROD1PC66 with BILLS

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1 sion B of Public Law 109–364; 120 Stat. 2445), 

2 $102,000,000. 

3 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, or 

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

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

8 may not exceed the sum of the following: 

9 (1) The total amount authorized to be appro10 priated under paragraphs (1), (2), and (3) of sub11 section (a). 

12 (2) $204,000,000 (the balance of the amount 

13 authorized under section 2101(a) for construction of 

14 a brigade complex for Fort Lewis, Washington). 

15 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

16 CERTAIN FISCAL YEAR 2006 PROJECTS. 

17 (a) MODIFICATION.—The table in section 2101(a) of 

18 the Military Construction Authorization Act for Fiscal 

19 Year 2006 (division B of Public Law 109–163; 119 Stat. 

20 3485) is amended in the item relating to Fort Bragg, 

21 North Carolina, by striking ‘‘$301,250,000’’ in the 

22 amount column and inserting ‘‘$308,250,000’’. 

23 (b) CONFORMING AMENDMENTS.—Section 

24 2104(b)(5) of that Act (119 Stat. 3488) is amended by 

25 striking ‘‘$77,400,000’’ and inserting ‘‘$84,400,000’’. 

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1 TITLE XXII—NAVY 

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

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

5 appropriated pursuant to the authorization of appropria6 tions in section 2204(a)(1), the Secretary of the Navy may 

7 acquire real property and carry out military construction 

8 projects for the installations or locations inside the United 

9 States, and in the amounts, set forth in the following 

10 table: 

Navy: Inside the United States 

State Installation or Location Amount 

Alabama Outlying Field Evergreen 9,560,000 

Arizona Marine Corps Air Station, Yuma 33,720,000 

California Marine Corps Base, Camp Pendleton 166,150,000 

Naval Station, San Diego 23,630,000 

Marine Corps Base, Twentynine Palms 34,329,000 

Florida Marine Corps Logistics Base, Blount 

Island (Jacksonville) 

7,570,000 

Naval Surface Warfare Center, Coastal 

Systems Station, Panama City 

13,870,000 

Hawaii Marine Corps Air Station, Kaneohe 37,961,000 

Naval Base, Pearl Harbor 99,860,000 

Naval Station Pearl Harbor, Wahiawa 65,410,000 

Illinois Naval Training Center, Great Lakes 10,221,000 

Maryland Naval Air Warfare Center, Patuxent 

River 

38,360,000 

North Carolina Marine Corps Air Station, Cherry Point 28,610,000 

Marine Corps Air Station, New River 54,430,000 

Marine Corps Base, Camp Lejeune 154,390,000 

South Carolina Marine Corps Air Station, Beaufort 6,800,000 

Marine Corps Recruit Depot, Parris Island 30,852,000 

Texas Naval Air Station, Corpus Christi 14,290,000 

Virginia Naval Support Activity, Chesapeake 8,450,000 

Naval Station, Norfolk 65,360,000 

Marine Corps Base, Quantico 45,519,000 

Washington Bremerton 119,760,000 

Naval Air Station, Whidbey Island 23,910,000 

Total 1,093,012,000 

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

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1 tions in section 2204(a)(2), the Secretary of the Navy may 

2 acquire real property and carry out military construction 

3 projects for the installation or location outside the United 

4 States, and in the amounts, set forth in the following 

5 table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain Southwest Asia 35,500,000 

Diego Garcia Naval Support Facility, Diego Garcia 7,150,000 

Djibouti Camp Lemonier 22,390,000 

Guam Naval Activities, Guam 278,818,000 

Total 343,858,000 

6 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2204(a)(3), the Secretary of the Navy may 

9 acquire real property and carry out military construction 

10 projects for unspecified installations or locations in the 

11 amounts set forth in the following table: 

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified Wharf Utilities Upgrade 8,900,000 

Growing the Force 361,120,000 

Host Nation Infrastructure 2,700,000 

Total 372,720,000 

12 SEC. 2202. FAMILY HOUSING. 

13 (a) CONSTRUCTION AND ACQUISITION.—Using 

14 amounts appropriated pursuant to the authorization of ap15 propriations in section 2204(a)(6)(A), the Secretary of the 

16 Navy may construct or acquire family housing units (inmstockstill on PROD1PC66 with BILLS

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1 cluding land acquisition and supporting facilities) at the 

2 installations or locations, in the number of units, and in 

3 the amount set forth in the following table: 

Navy: Family Housing 

State Installation or Location Purpose Amount 

Mariana Islands Naval Activities, 

Guam 

73 Units 57,167,000 

Total 57,167,000 

4 (b) PLANNING AND DESIGN.—Using amounts appro5 priated pursuant to the authorization of appropriations in 

6 section 2204(a)(6)(A), the Secretary of the Navy may 

7 carry out architectural and engineering services and con8 struction design activities with respect to the construction 

9 or improvement of family housing units in an amount not 

10 to exceed $3,172,000. 

11 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

12 UNITS. 

13 Subject to section 2825 of title 10, United States 

14 Code, and using amounts appropriated pursuant to the 

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

16 the Secretary of the Navy may improve existing military 

17 family housing units in an amount not to exceed 

18 $237,990,000. 

19 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

20 Funds are hereby authorized to be appropriated for 

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1 tary construction, land acquisition, and military family 

2 housing functions of the Department of the Navy in the 

3 total amount of $2,774,009,000, as follows: 

4 (1) For military construction projects inside the 

5 United States authorized by section 2201(a), 

6 $1,093,012,000. 

7 (2) For military construction projects outside 

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

9 $343,858,000. 

10 (3) For military construction projects at un11 specified worldwide locations authorized by section 

12 2201(c), $372,720,000. 

13 (4) For unspecified minor military construction 

14 projects authorized by section 2805 of title 10, 

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

16 (5) For architectural and engineering services 

17 and construction design under section 2807 of title 

18 10, United States Code, $110,167,000. 

19 (6) For military family housing functions: 

20 (A) For construction and acquisition, plan21 ning and design, and improvement of military 

22 family housing and facilities, $298,329,000. 

23 (B) For support of military family housing 

24 (including functions described in section 2833 

25 of title 10, United States Code), $371,404,000. 

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1 (7) For the construction of increment 2 of the 

2 National Maritime Intelligence Center, Suitland, 

3 Maryland, authorized by section 2201(a) of the Mili4 tary Construction Authorization Act for Fiscal Year 

5 2007 (division B of Public Law 109–364; 120 Stat. 

6 2448), $52,069,000. 

7 (8) For the construction of increment 3 of re8 cruit training barracks infrastructure upgrade at 

9 Recruit Training Command, Great Lakes, Illinois, 

10 authorized by section 2201(a) of the Military Con11 struction Authorization Act for Fiscal Year 2006 

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

13 3490), $16,650,000. 

14 (9) For the construction of the next increment 

15 of wharf upgrades at Yokosuka, Japan, authorized 

16 by section 2201(b) of the Military Construction Au17 thorization Act of Fiscal Year 2006 (division B of 

18 Public Law 109–163; 119 Stat. 3490), $8,750,000. 

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

20 Bachelor Enlisted Quarters Homeport Ashore Pro21 gram at Bremerton, Washington, authorized by sec22 tion 2201(a) of the Military Construction Authoriza23 tion Act of Fiscal Year 2006 (division B of Public 

24 Law 109–163; 119 Stat. 3490), $47,240,000. 

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1 (11) For the construction of the next increment 

2 of the outlaying landing field facilities at Wash3 ington County, North Carolina, authorized by sec4 tion 2201(a) of the Military Construction Authoriza5 tion Act of Fiscal Year 2005 (division B of Public 

6 Law 108–375; 118 Stat. 2101), $10,060,000. 

7 (12) For the construction of increment 4 of the 

8 limited area production and storage complex at 

9 Naval Submarine Base, Kitsap, Bangor, Wash10 ington, authorized by section 2201(a) of the Military 

11 Construction Authorization Act of Fiscal Year 2005 

12 (division B of Public Law 108–375; 118 Stat. 

13 2106), $39,750,000. 

14 TITLE XXIII—AIR FORCE 

15 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

16 LAND ACQUISITION PROJECTS. 

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

18 appropriated pursuant to the authorization of appropria19 tions in section 2304(a)(1), the Secretary of the Air Force 

20 may acquire real property and carry out military construc21 tion projects for the installations or locations inside the 

22 United States, and in the amounts, set forth in the fol23 lowing table: 

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Air Force: Inside the United States 

State Installation or Location Amount 

Alaska Elmendorf Air Force Base 70,180,000 

Arizona Davis-Monthan Air Force Base 11,200,000 

California Travis Air Force Base 26,600,000 

Colorado Fort Carson 13,500,000 

Schriever Air Force Base 24,500,000 

United States Air Force Academy 15,000,000 

District of Columbia Bolling Air Force Base 2,500,000 

Florida Eglin Air Force Base 158,300,000 

MacDill Air Force Base 57,000,000 

Patrick Air Force Base 11,854,000 

Tyndall Air Force Base 44,114,000 

Georgia Robins Air Force Base 14,700,000 

Hawaii Hickam Air Force Base 31,971,000 

Illinois Scott Air Force Base 16,700,000 

Kansas Fort Riley 12,515,000 

Nebraska Offutt Air Force Base 16,952,000 

New Mexico Cannon Air Force Base 1,688,000 

North Dakota Minot Air Force Base 18,200,000 

Oklahoma Altus Air Force Base 2,000,000 

Tinker Air Force Base 34,600,000 

Texas Lackland Air Force Base 14,000,000 

Utah Hill Air Force Base 16,799,000 

Wyoming Francis E. Warren Air Force Base 14,600,000 

Total 629,473,000 

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

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Germany Ramstein Air Base 48,209,000 

Guam Andersen Air Force Base 10,000,000 

Qatar Al Udeid Air Base 22,300,000 

Spain Moron Air Base 1,800,000 

United Kingdom Royal Air Force Lakenheath 17,300,000 

Royal Air Force Menwith Hill Station 41,000,000 

Total 140,609,000 

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1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(3), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for unspecified installations or locations in 

6 the amounts set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified Classified Project 1,500,000 

Classified—Special Evaluation Program 13,940,000 

Total 15,440,000 

7 SEC. 2302. FAMILY HOUSING. 

8 (a) CONSTRUCTION AND ACQUISITION.—Using 

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2304(a)(6)(A), the Secretary of the 

11 Air Force may construct or acquire family housing units 

12 (including land acquisition and supporting facilities) at the 

13 installations, in the number of units, and in the amounts 

14 set forth in the following table: 

Air Force: Family Housing 

State Installation or Location Purpose Amount 

Germany Ramstein Air Base 117 Units 56,275,000 

Total 56,275,000 

15 (b) PLANNING AND DESIGN.—Using amounts appro16 priated pursuant to the authorization of appropriations in 

17 section 2304(a)(6)(A), the Secretary of the Air Force may 

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

3 or improvement of family housing units in an amount not 

4 to exceed $12,210,000. 

5 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

6 UNITS. 

7 Subject to section 2825 of title 10, United States 

8 Code, and using amounts appropriated pursuant to the 

9 authorization of appropriations in section 2304(a)(6)(A), 

10 the Secretary of the Air Force may improve existing mili11 tary family housing units in an amount not to exceed 

12 $294,262,000. 

13 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

14 FORCE. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal years beginning after September 30, 2007, for mili17 tary construction, land acquisition, and military family 

18 housing functions of the Department of the Air Force in 

19 the total amount of $1,963,191,000, as follows: 

20 (1) For military construction projects inside the 

21 United States authorized by section 2301(a), 

22 $629,473,000. 

23 (2) For military construction projects outside 

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

25 $140,609,000. 

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1 (3) For the military construction projects at 

2 unspecified worldwide locations authorized by section 

3 2301(c), $15,440,000. 

4 (4) For unspecified minor military construction 

5 projects authorized by section 2805 of title 10, 

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

7 (5) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $51,587,000. 

10 (6) For military family housing functions: 

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

13 family housing and facilities, $362,747,000. 

14 (B) For support of military family housing 

15 (including functions described in section 2833 

16 of title 10, United States Code), $688,335,000. 

17 (7) For the construction of phase 3 of the main 

18 base runway at Edwards Air Force Base, California, 

19 authorized by section 2301(a) of the Military Con20 struction Authorization Act for Fiscal Year 2006 

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

22 3494), $35,000,000. 

23 (8) For the construction of phase 3 of the 

24 CENTCOM Joint Intelligence Center at MacDill Air 

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

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1 of the Military Construction Authorization Act for 

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

3 163; 119 Stat. 3494), $25,000,000. 

4 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 

5 CERTAIN FISCAL YEAR 2006 PROJECTS. 

6 The table in section 2301(a) of the Military Construc7 tion Authorization Act for Fiscal Year 2006 (division B 

8 of Public Law 109–163; 119 Stat. 3494), as amended by 

9 section 2305(a) of the Military Construction Authorization 

10 Act for Fiscal Year 2007 (division B of Public Law 109– 

11 364; 120 Stat. 2456), is further amended by striking 

12 ‘‘$101,500,000’’ in the amount column and inserting 

13 ‘‘$126,500,000’’. 

14 TITLE XXIV—DEFENSE 

15 AGENCIES 

16 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC17 TION AND LAND ACQUISITION PROJECTS. 

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

19 appropriated pursuant to the authorization of appropria20 tions in section 2404(a)(1), the Secretary of Defense may 

21 acquire real property and carry out military construction 

22 projects for the installations or locations inside the United 

23 States, and in the amounts, set forth in the following 

24 table: 

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Defense Agencies: Inside the United States 

Agency Installation or Location Amount 

Defense Education Activity Marine Corps Base, Camp Lejeune, 

North Carolina 

2,014,000 

Defense Intelligence Agency Bolling Air Force Base, District of Columbia 1,012,000 

Defense Logistics Agency Point Loma Annex, California 140,000,000 

Naval Air Station, Key West, Florida 1,874,000 

Hickam Air Force Base, Hawaii 26,000,000 

Kirtland Air Force Base, New Mexico 1,800,000 

Defense Supply Center Columbus, Ohio 4,000,000 

Defense Distribution Depot, New Cumberland, Pennsylvania 21,000,000 

Fort Belvoir, Virginia 5,000,000 

National Security Agency Fort Meade, Maryland 11,901,000 

Special Operations Command Marine Corps Base, Camp Pendleton, 

California 

20,030,000 

Naval Amphibious Base, Coronado, 

California 

12,000,000 

Hurlburt Field, Florida 29,111,000 

MacDill Air Force Base, Florida 47,700,000 

Fort Benning, Georgia 35,000,000 

Hunter Army Air Field, Georgia 13,800,000 

Fort Campbell, Kentucky 53,500,000 

Cannon Air Force Base, New Mexico 7,500,000 

Fort Bragg, North Carolina 47,250,000 

Marine Corps Base, Camp Lejeune, 

North Carolina 

28,210,000 

Dam Neck, Virginia 108,500,000 

Naval Amphibious Base, Little Creek, 

Virginia 

99,000,000 

Fort Lewis, Washington 77,000,000 

Tri-Care Management Activity MacDill Air Force Base, Florida 5,000,000 

Naval Hospital Great Lakes, Illinois 99,000,000 

Fort Drum, New York 41,000,000 

Camp Bullis, Texas 7,400,000 

Naval Station, Norfolk, Virginia 6,450,000 

Fort Lewis, Washington 21,000,000 

Washington Headquarters 

Services 

Pentagon Reservation 18,531,000 

Total 991,583,000 

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

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

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Defense Agencies: Outside the United States 

Agency Installation or Location Amount 

Defense Education Activity Sterrebeek, Belgium 5,992,000 

Ramstein Air Base, Germany 5,393,000 

Wiesbaden Air Base, Germany 20,472,000 

Special Operations Command Southwest Asia, Bahrain 19,000,000 

Qatar 52,852,000 

Tri-Care Management Activity Spangdahlem Air Base, Germany 30,100,000 

Total 133,809,000 

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(3), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for unspecified installations or locations in the 

6 amount set forth in the following table: 

Defense Agencies: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified Classified Project 1,887,000 

Total 1,887,000 

7 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2403(a)(6), the Sec10 retary of Defense may carry out energy conservation 

11 projects under chapter 173 of title 10, United States 

12 Code, in the amount of $70,000,000. 

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1 SEC. 2403. AUTHORIZED BASE CLOSURE AND REALIGN2 MENT ACTIVITIES FUNDED THROUGH DE3 PARTMENT OF DEFENSE BASE CLOSURE AC4 COUNT 2005. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2404(a)(9), the Sec7 retary of Defense may carry out base closure and realign8 ment activities, including real property acquisition and 

9 military construction projects, as authorized by the De10 fense Base Closure and Realignment Act of 1990 (part 

11 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

12 note) and funded through the Department of Defense 

13 Base Closure Account 2005 established by section 2906A 

14 of such Act, in the amount of $10,703,059,000. 

15 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE16 FENSE AGENCIES. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal years beginning after September 30, 2007, for mili19 tary construction, land acquisition, and military family 

20 housing functions of the Department of Defense (other 

21 than the military departments) in the total amount of 

22 $10,243,688,000, as follows: 

23 (1) For military construction projects inside the 

24 United States authorized by section 2401(a), 

25 $977,483,000. 

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1 (2) For military construction projects outside 

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

3 $133,809,000. 

4 (3) For the military construction projects at 

5 unspecified worldwide locations authorized by section 

6 2301(c), $1,887,000. 

7 (4) For unspecified minor military construction 

8 projects under section 2805 of title 10, United 

9 States Code, $23,711,000. 

10 (5) For contingency construction projects of the 

11 Secretary of Defense under section 2804 of title 10, 

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

13 (6) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $154,728,000. 

16 (7) For Energy Conservation projects author17 ized by section 2402 of this Act, $70,000,000. 

18 (8) For base closure and realignment activities 

19 as authorized by the Defense Base Closure and Re20 alignment Act of 1990 (part A of title XXIX of 

21 Public Law 101–510; 10 U.S.C. 2687 note) and 

22 funded through the Department of Defense Base 

23 Closure Account 1990 established by section 2906 of 

24 such Act, $220,689,000. 

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1 (9) For base closure and realignment activities 

2 authorized by section 2403 of this Act and funded 

3 through the Department of Defense Base Closure 

4 Account 2005 established by section 2906A of the 

5 Defense Base Closure and Realignment Act of 1990 

6 (part A of title XXIX of Public Law 101–510; 10 

7 U.S.C. 2687 note), $8,174,315,000. 

8 (10) For military family housing functions: 

9 (A) For support of military family housing 

10 (including functions described in section 2833 

11 of title 10, United States Code), $48,848,000. 

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

15 United States Code, $500,000. 

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

17 NSA/CSS Hawaii replacement at Kunia, Hawaii, au18 thorized by section 2401(a) of the Military Construc19 tion Authorization Act of Fiscal Year 2006 (division 

20 B of Public Law 109–163; 119 Stat. 3497), as 

21 amended by section 7017 of the Emergency Supple22 mental Appropriation Act for Defense, Global War 

23 on Terrorism and Hurricane Relief (Public Law 

24 109–234; 120 Stat. 485), $136,318,000. 

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1 (12) For the construction of increment 3 of the 

2 NSA/CSS replacement at Augusta, Georgia, author3 ized by section 2401(a) of the Military Construction 

4 Authorization Act of Fiscal Year 2006 (division B of 

5 Public Law 109–163; 119 Stat. 3497), as amended 

6 by section 7016 of the Emergency Supplemental Ap7 propriation Act for Defense, Global War on Ter8 rorism and Hurricane Relief (Public Law 109–234; 

9 120 Stat. 485), $100,000,000. 

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

11 clinic replacement at MacDill Air Force Base, Flor12 ida, authorized by section 2401(a) of the Military 

13 Construction Authorization Act of Fiscal Year 2007 

14 (division B of Public Law 109–364; 120 Stat. 

15 2457), $41,400,000. 

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

17 USAMRIID Stage 1 at Fort Detrick, Maryland, au18 thorized by section 2401(a) of the Military Construc19 tion Authorization Act of Fiscal Year 2007 (division 

20 B of Public Law 109–364; 120 Stat. 2457), 

21 $150,000,000. 

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1 TITLE XXV—NORTH ATLANTIC 

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM 

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 The Secretary of Defense may make contributions for 

8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10, 

10 United States Code, in an amount not to exceed the sum 

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the 

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States. 

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2007, for con18 tributions by the Secretary of Defense under section 2806 

19 of title 10, United States Code, for the share of the United 

20 States of the cost of projects for the North Atlantic Treaty 

21 Organization Security Investment Program authorized by 

22 section 2501, in the amount of $201,400,000. 

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1 TITLE XXVI—CHEMICAL 

2 DEMILITARIZATION PROGRAM 

3 SEC. 2601. AUTHORIZATION OF APPROPRIATIONS, CHEM4 ICAL DEMILITARIZATION CONSTRUCTION, 

5 DEFENSE-WIDE. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2007, for mili8 tary construction and land acquisition for Chemical De9 militarization in the total amount of $86,176,000, as fol10 lows: 

11 (1) For the construction of phase 9 of a muni12 tions demilitarization facility at Pueblo Chemical Ac13 tivity, Colorado, authorized by section 2401(a) of the 

14 Military Construction Authorization Act for Fiscal 

15 Year 1997 (division B of Public Law 104–201; 110 

16 Stat. 2775), as amended by section 2406 of the Mili17 tary Construction Authorization Act for Fiscal Year 

18 2000 (division B of Public Law 106–65; 113 Stat. 

19 839), and section 2407 of the Military Construction 

20 Authorization Act for Fiscal Year 2003 (division B 

21 of Public Law 107–314; 116 Stat. 2699), 

22 $35,159,000. 

23 (2) For the construction of phase 8 of a muni24 tions demilitarization facility at Blue Grass Army 

25 Depot, Kentucky, authorized by section 2401(a) of 

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1 the Military Construction Authorization Act for Fis2 cal Year 2000 (division B of Public Law 106–65; 

3 113 Stat. 835), as amended by section 2405 of the 

4 Military Construction Authorization Act for Fiscal 

5 Year 2002 (division B of Public Law 107–107; 115 

6 Stat. 1298), and section 2405 of the Military Con7 struction Authorization Act for Fiscal Year 2003 

8 (division B of Public Law 107–314; 116 Stat. 

9 2698), $51,017,000. 

10 TITLE XXVII—GUARD AND 

11 RESERVE FORCES FACILITIES 

12 SEC. 2701. AUTHORIZED GUARD AND RESERVE CONSTRUC13 TION AND LAND ACQUISITION PROJECTS. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal years beginning after September 30, 2007, for the 

16 costs of acquisition, architectural and engineering services, 

17 and construction of facilities for the reserve components, 

18 and for contributions therefore, under chapter 1803 of 

19 title 10, United States Code (including the cost of acquisi20 tion of land for those facilities), in the following amounts: 

21 (1) For the Department of the Army— 

22 (A) for the Army National Guard of the 

23 United States, $404,291,000; and 

24 (B) for the Army Reserve, $119,684,000. 

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1 (2) For the Department of the Navy, for the 

2 Navy Reserve and Marine Corps Reserve, 

3 $59,150,000. 

4 (3) For the Department of the Air Force— 

5 (A) for the Air National Guard of the 

6 United States, $85,517,000; and 

7 (B) for the Air Force Reserve, 

8 $26,559,000. 

9 TITLE XXVIII—EXPIRATION AND 

10 EXTENSION OF AUTHORIZA11 TIONS 

12 SEC. 2801. EXPIRATION OF AUTHORIZATIONS AND 

13 AMOUNTS REQUIRED TO BE SPECIFIED BY 

14 LAW. 

15 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

16 YEARS.—Except as provided in subsection (b), all author17 izations contained in titles XXI through XXVII for mili18 tary construction projects, land acquisition, family housing 

19 projects and facilities, and contributions to the North At20 lantic Treaty Organization Security Investment Program 

21 (and authorizations of appropriations therefore) shall ex22 pire on the later of— 

23 (1) October 1, 2010; or 

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1 (2) the date of the enactment of an Act author2 izing funds for military construction for fiscal year 

3 2011. 

4 (b) EXCEPTION.—Subsection (a) shall not apply to 

5 authorizations for military construction projects, land ac6 quisition, family housing projects and facilities, and con7 tributions to the North Atlantic Treaty Organization Se8 curity Investment Program (and authorizations of appro9 priations therefore), for which appropriated funds have 

10 been obligated before the later of— 

11 (1) October 1, 2010; or 

12 (2) the date of the enactment of an Act author13 izing funds for fiscal year 2011 for military con14 struction projects, land acquisition, family housing 

15 projects and facilities, or contributions to the North 

16 Atlantic Treaty Organization Security Investment 

17 Program. 

18 SEC. 2802. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

19 FISCAL YEAR 2005 PROJECTS. 

20 (a) EXTENSION.—Notwithstanding section 2701 of 

21 the Military Construction Authorization Act for Fiscal 

22 Year 2005 (division B of Public Law 108–375; 118 Stat. 

23 2100), authorizations set forth in the tables in subsection 

24 (b), as provided in sections 2101, 2302, 2401, and 2701 

25 of that Act, shall remain in effect until October 1, 2008, 

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1 or the date of the enactment of an Act authorizing funds 

2 for military construction for fiscal year 2009, whichever 

3 is later. 

4 (b) TABLES.—The tables referred to in subsection (a) 

5 are as follows: 

Army: Extension of 2005 Project Authorizations 

State Installation or Location Project Amount 

Hawaii Schofield Barracks Combined Arms Collective Training 

Facility 

32,542,000 

Air Force: Extension of 2005 Project Authorizations 

State Installation or Location Project Amount 

Arizona Davis-Monthan Air 

Force Base 

Replace Family 

Housing (250 

units) 

48,500,000 

California Vandenberg Air 

Force Base 

Replace Family 

Housing (120 

units) 

30,906,000 

Florida MacDill Air Force 

Base 

Replace Family 

Housing (61 units) 

21,723,000 

Construct Housing 

Maintenance Facility 

1,250,000 

Missouri Whiteman Air Force 

Base 

Replace Family 

Housing (160 

units) 

37,087,000 

North Carolina Seymour Johnson Air 

Force Base 

Replace Family 

Housing (167 

units) 

32,693,000 

Texas Goodfellow Air Force 

Base 

Replace Family 

Housing (127 

units) 

20,604,000 

Defense Wide: Extension of 2005 Project Authorizations 

Agency Installation or Location Project Amount 

Defense Logistics 

Agency 

Naval Air Station, 

Oceana, Virginia 

Bulk Fuel Storage 

Tank 

3,589,000 

Tri-Care Management 

Activity 

Naval Air Station, 

Jacksonville, Florida 

Hospital Addition/Alteration 28,438,000 

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Army National Guard: Extension of 2005 Project Authorizations 

State Installation or Location Project Amount 

California Dublin Readiness Center 

(ADRS) 

11,318,000 

Indiana Gary Armed Forces Reserve Center 9,380,000 

Army Reserves: Extension of 2005 Project Authorizations 

State Installation or Location Project Amount 

Texas Corpus Christi 

(Robstown) 

Controlled Humidity 

Storage, Phase I 

9,038,000 

1 SEC. 2803. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2004 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2004 (division B of Public Law 108–136; 117 Stat. 

6 1716), authorizations set forth in the tables in subsection 

7 (b), as provided in sections 2302 and 2701 of that Act, 

8 shall remain in effect until October 1, 2008, or the date 

9 of the enactment of an Act authorizing funds for military 

10 construction for fiscal year 2009, whichever is later. 

11 (b) TABLES.—The tables referred to in subsection (a) 

12 are as follows: 

Air Force: Extension of 2004 Project Authorizations 

State Installation or Location Project Amount 

California Travis Air Force Base Replace Family 

Housing (56 units) 

12,723,000 

Florida Eglin Air Force Base Replace Family 

Housing (279 

units) 

32,166,000 

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Army National Guard: Extension of 2004 Project Authorizations 

State Installation or Location Project Amount 

New Mexico Albuquerque Readiness Center, 

Add/Alt (ADRS) 

2,533,000 

Pennsylvania Fort Indiantown Gap Multi-purpose Training Range 15,338,000 

1 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 transmstockstill on PROD1PC66 with BILLS

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1 fers to that Fund from amounts in the Depart2 ment of Defense Base Closure Account 2005.’’. 

3 SEC. 2902. INCREASED THRESHOLD FOR CONGRESSIONAL 

4 NOTIFICATION OF LEASES FOR MILITARY 

5 FAMILY HOUSING FACILITIES IN A FOREIGN 

6 COUNTRY. 

7 Section 2828(f) of title 10, United States Code, is 

8 amended by striking ‘‘$500,000’’ and inserting 

9 ‘‘$1,000,000’’. 

10 SEC. 2903. UPDATING FOREIGN CURRENCY FLUCTUATION 

11 ADJUSTMENT FOR CERTAIN MILITARY FAM12 ILY HOUSING LEASES IN KOREA. 

13 Section 2828(e)(5)(A) of title 10, United States 

14 Code, is amended to read as follows: 

15 ‘‘(A) for— 

16 ‘‘(i) foreign currency fluctuations 

17 from October 1, 1987, in the case of max18 imum lease amounts provided for under 

19 paragraphs (1), (2), and (3); or 

20 ‘‘(ii) foreign currency appreciation 

21 during the previous fiscal year, starting 

22 from October 1, 2002, in the case of the 

23 maximum lease amount provided for under 

24 paragraph (4); and’’. 

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1 SEC. 2904. FLEXIBILITY IN DETERMINING DOMESTIC FAM2 ILY HOUSING LEASE MAXIMUMS. 

3 Section 2828(b) of title 10, United States Code, is 

4 amended— 

5 (1) in paragraph (2), by striking ‘‘paragraphs 

6 (3) and (4)’’ and inserting ‘‘paragraphs (3), (4), and 

7 (7)’’; and 

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

9 paragraph: 

10 ‘‘(7) The Secretary of the Army may lease not 

11 more than 600 of the 10,000 family housing units 

12 provided in paragraph (1) at an amount not greater 

13 than 33 percent above the maximum lease amount 

14 under paragraph (3), as adjusted under paragraph 

15 (5) for the fiscal year in which a unit is leased under 

16 this paragraph. The maximum lease amount pro17 vided in this paragraph shall apply only to Army 

18 family housing in areas designated by the Secretary 

19 of the Army and for leases not to exceed a term of 

20 2 years.’’. 

21 SEC. 2905. EXTENSION OF AUTHORITY TO ACCEPT EQUALI22 ZATION PAYMENTS FOR FACILITY EX23 CHANGES. 

24 Paragraph (5) of section 2809(c) of the Ronald W. 

25 Reagan National Defense Authorization Act for Fiscal 

26 Year 2005 (Public Law 108–375; 118 Stat. 2126) is 

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

2 ‘‘September 30, 2010’’. 

3 SEC. 2906. FLEXIBLE FINANCING OF MILITARY HOUSING 

4 PRIVATIZATION INITIATIVE. 

5 Section 2883 of title 10, United States Code, is 

6 amended— 

7 (1) in subsection (c)— 

8 (A) in paragraph (1)(D)— 

9 (i) by striking ‘‘interest on loans made 

10 under section 2873 of this title,’’; 

11 (ii) by striking ‘‘and any’’ and insert12 ing ‘‘any’’; and 

13 (iii) by inserting before the period at 

14 the end the following: ‘‘, and excluding 

15 amounts from any transactions pursuant 

16 to loans made under section 2873 of this 

17 title’’; and 

18 (B) in paragraph (2)(D)— 

19 (i) by striking ‘‘interest on loans made 

20 under section 2873 of this title,’’; 

21 (ii) by striking ‘‘and any’’ and insert22 ing ‘‘any’’; and 

23 (iii) by inserting before the period at 

24 the end the following: ‘‘, and excluding 

25 amounts from any transactions pursuant 

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1 to loans made under section 2873 of this 

2 title’’; and 

3 (2) by adding at the end of subsection (d) the 

4 following new paragraph: 

5 ‘‘(4) Notwithstanding paragraphs (1) and (2), 

6 the Secretary of Defense may use amounts credited 

7 to the Funds under paragraphs (1)(C), (1)(D), 

8 (2)(C), and (2)(D) in subsection (c) without appro9 priation. The Secretary may use such funds only 

10 after— 

11 ‘‘(A) the end of the 30-day period begin12 ning on the date the Secretary submits written 

13 notice of, and justification for, the use of such 

14 amounts to the appropriate committees of Con15 gress; or 

16 ‘‘(B) if earlier, the end of the 14-day pe17 riod beginning on the date on which a copy of 

18 the notice and justification is provided in an 

19 electronic medium pursuant to section 480 of 

20 this title.’’. 

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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 SEC. 2913. EXPANSION OF AUTHORITY TO EXCHANGE RE22 SERVE COMPONENT FACILITIES. 

23 Section 18240(a) of title 10, United States Code is 

24 amended by striking ‘‘with a State’’ in the first sentence 

25 and inserting ‘‘with an executive agency as that term is 

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1 defined in section 105 of title 5, the United States Postal 

2 Service, a State’’. 

3 Subtitle C—Land Conveyances 

4 SEC. 2921. LAND TRANSFER OF ARLINGTON NAVAL ANNEX 

5 TO ARLINGTON NATIONAL CEMETERY. 

6 Section 2881(h) of the National Defense Authoriza7 tion Act for Fiscal Year 2000 (Public Law 106–65; 113 

8 Stat. 879), is amended by striking paragraphs (1) and (2) 

9 and inserting the following new paragraphs: 

10 ‘‘(1) January 1, 2013; 

11 ‘‘(2) the date when the Arlington Naval Annex 

12 property is no longer required (as determined by the 

13 Secretary of Defense) for use as temporary office 

14 space; or 

15 ‘‘(3) twelve months after the date the Secretary 

16 of the Army notifies the Secretary of Defense that 

17 the Arlington Naval Annex property is needed for 

18 the expansion of Arlington National Cemetery.’’. 

19 Subtitle D—Other Matters 

20 SEC. 2931. AUTHORITY TO USE OPERATION AND MAINTE21 NANCE FUNDS FOR CONSTRUCTION 

22 PROJECTS OUTSIDE THE UNITED STATES. 

23 (a) IN GENERAL.—Chapter 169 of title 10, United 

24 States Code, is amended by inserting after section 2809 

25 the following new section: 

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1 ‘‘§ 2810. Authority to use operation and maintenance 

2 funds for construction projects outside 

3 the United States 

4 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

5 obligate appropriated funds available for operation and 

6 maintenance to carry out a construction project outside 

7 the United States that the Secretary determines meets 

8 each of the following conditions: 

9 ‘‘(1) The construction is necessary to meet ur10 gent military operational requirements involving the 

11 use of the armed forces in support of a declaration 

12 of war, the declaration by the President of a na13 tional emergency under section 201 of the National 

14 Emergencies Act (50 U.S.C. 1621), or a contingency 

15 operation. 

16 ‘‘(2) The requirement is of a temporary nature, 

17 such that there is no intention of using the construc18 tion after the operational requirements have been 

19 satisfied. 

20 ‘‘(3) The level of construction is the minimum 

21 necessary to meet the temporary operational require22 ments. 

23 ‘‘(b) LIMITATION ON USE OF AUTHORITY.—(1) The 

24 total cost of the construction projects carried out under 

25 this section shall not exceed $200,000,000 in any fiscal 

26 year. 

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1 ‘‘(2) The Secretary of Defense may waive the 

2 limitation imposed by paragraph (1) if the Secretary 

3 determines that the obligation of operation and 

4 maintenance funds for construction projects in ex5 cess of the amount specified in such paragraph is 

6 vital to the national security. 

7 ‘‘(3) Upon use of the waiver authority granted 

8 by paragraph (2), the Secretary shall notify the Of9 fice of Management and Budget of the amounts of 

10 operation and maintenance funds obligated in excess 

11 of $200,000,000 along with a description of the 

12 projects so funded. 

13 ‘‘(c) RELATION TO OTHER AUTHORITIES.—The au14 thority provided by this section, and the limited authority 

15 provided by section 2805(c) of this title, are the only au16 thorities available to the Secretary of Defense and the Sec17 retaries of the military departments to use appropriated 

18 funds available for operation and maintenance to carry out 

19 construction projects.’’. 

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

21 at the beginning of such chapter is amended by inserting 

22 after the item relating to section 2809 the following new 

23 item: 

‘‘2810. Authority to use operation and maintenance funds for construction 

projects outside the United States.’’. 

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1 SEC. 2932. STREAMLINING MILITARY CONSTRUCTION TO 

2 REDUCE FACILITY ACQUISITION AND CON3 STRUCTION CYCLE TIME. 

4 Section 2805 of title 10, United States Code, is 

5 amended— 

6 (1) in subsection (a)(1)— 

7 (A) by striking ‘‘$1,500,000’’ and inserting 

8 ‘‘$3,000,000’’; and 

9 (B) by striking ‘‘$3,000,000’’ in the last 

10 sentence and inserting ‘‘$7,000,000’’; 

11 (2) in subsection (b)(1), by striking ‘‘$750,000’’ 

12 and inserting ‘‘$1,500,000’’; and 

13 (3) in subsection (c)(1)— 

14 (A) in subparagraph (A)— 

15 (i) by striking ‘‘$1,500,000’’ and in16 serting ‘‘$3,000,000’’; and 

17 (ii) by striking ‘‘or’’ at the end; 

18 (B) in subparagraph (B)— 

19 (i) by striking ‘‘$750,000’’ and insert20 ing ‘‘$1,500,000’’; and 

21 (ii) by striking the period at the end 

22 and inserting ‘‘; or’’ and 

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

24 subparagraph: 

25 ‘‘(C) $2,000,000, in cases where the dis26 posal of obsolete facilities as part of the project 

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1 results in a reduction in facility footprint at 

2 least equal to the footprint of the new facility. 

3 The approving official must certify the demoli4 tion (or disposal by other means) of the offset5 ting facility.’’. 

Æ 

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