146 
‘‘(4) The rights and benefits contained in subpart F 
of part III of title 5 shall not apply to Reserve civilian 
mariners on active duty. 
‘‘(d) BENEFITS.—(1) When activated pursuant to 
this section, a Reserve civilian mariner shall retain his sta-
tus as an employee of the Department of the Navy within 
the meaning of section 2105 of title 5 for purposes of re-
taining and continuing to be entitled to: 
‘‘(A) leave without loss of, or reduction in, pay 
(including overtime) as a civil service employee pur-
suant to subparts D and E of part III of title 5; 
‘‘(B) leave to which such mariner otherwise 
would have been entitled as a civil service employee 
pursuant to subpart E of part III of title 5; 
‘‘(C) credit for time or service, or performance 
or efficiency rating for each day of activation as ap-
plicable to a civil service employee pursuant to sub-
parts C and G of part III of title 5; 
‘‘(D) allowances, entitlements, emoluments and 
benefits pursuant to subpart G of part III of title 
5; and 
‘‘(E) such additional compensation, if any, the 
Secretary of the Navy deems appropriate. 
‘‘(2) Notwithstanding section 8906(e)(3)(B)(iv) of 
title 5, with respect to any period of activation of more
147 
than 30 days under this section, in lieu of providing any 
military health care benefits under chapter 55 of this title, 
the Department of the Navy shall pay both the employee 
and Government contributions, and any additional admin-
istrative expenses otherwise chargeable to the employee, 
with respect to health care coverage for an activated Re-
serve civilian mariner and his family in accordance with 
section 8906(e)(3) of title 5. 
‘‘(3) Reserve civilian mariners shall not be entitled 
to or be paid any rights or benefits under section 12741 
of this title as a result of activation under this section. 
‘‘(4) Activation shall not exceed the maximum num-
ber of days of military leave authorized for Federal civil 
service employees under 6323 of title 5 unless the Sec-
retary waives this limit due to military exigency. 
‘‘(e) DEFINITION.—For purposes of this section, the 
term ‘designated warship’ is limited to a vessel under the 
command of a commissioned Navy officer or a commis-
sioned officer of the United States Armed Services, that 
is designated ‘USS’ and is also: 
‘‘(1) a vessel designed for or employed primarily 
as a command and control vessel, designated Am-
phibious Command Ship (LCC), Miscellaneous Com-
mand Ship (AGF), or Joint Command Ship (JCC);
148 
‘‘(2) a vessel designed for or primarily employed 
as an afloat forward staging base in support of air-
craft engaged in combat, small boats engaged in 
combat, or special warfare operations; 
‘‘(3) a submarine tender; or 
‘‘(4) a Seabasing vessel or Seabasing support 
vessel. 
‘‘(f) EXPIRATION AND REPORTING REQUIREMENT.— 
(1) Not later than October 1, 2008, the Secretary of the 
Navy will provide a report on the pilot program to the 
Secretary of Defense. 
‘‘(2) The authority for this program shall expire on 
September 30, 2010.’’. 
(b) MILITARY LEAVE.—Section 6323(d)(1) of title 5, 
United States Code, is amended by inserting ‘‘, or a civil 
service mariner of the Military Sealift Command who is 
a member of the Naval Reserve pursuant to section 10219 
of title 10 and serving aboard a designated warship,’’ after 
‘‘section 8401(30)’’. 
(c) CLERICAL AMENDMENTS.—(1)(A) The heading of 
section 6323 of such title is amended to read as follows:
149 
‘‘§ Military leave; reserves, national guardsmen, and 
reserve civilian mariners’’. 
(B) The item for such section in the table of sections 
at the beginning of chapter 63 of such title is amended 
to read as follows: 
‘‘6323. Military leave; reserves, national guardsmen, and reserve civilian mari-
ners.’’. 
(2) The table of sections at the beginning of chapter 
1007 of title 10, United States Code, is amended by add-
ing at the end the following new item: 
‘‘10219. Reserve civilian mariners pilot program.’’. 
SEC. 1062. DELETION OF OBSOLETE DEFINITIONS IN TI-
TLES 10 AND 32, UNITED STATES CODE. 
(a) DELETING OBSOLETE DEFINITION OF ‘‘TERRI-
TORY’’ IN TITLE 10.—Title 10, United States Code, is 
amended— 
(1) by striking paragraph (2) of section 101(a); 
(2) by striking the terms ‘‘Territory or’’, ‘‘or 
Territory’’, ‘‘a Territorial Department,’’, ‘‘or a Ter-
ritory’’, ‘‘Territory and’’, ‘‘its Territories,’’, and 
‘‘and Territories’’ each place they appear in the fol-
lowing sections: 101(a)(3), 332, 822, 1072, 1103, 
2671, 3037, 5148, 8037, 8074, 12204, and 12642; 
(3) by striking the terms ‘‘Territory,’’, and 
‘‘Territories,’’ each place they appear in the fol-
150 
lowing sections: 849, 858, 888, 2668, 2669, 7545, 
and 9773; 
(4) in section 808, by striking ‘‘Territory, Com-
monwealth, or possession,’’ and inserting ‘‘Common-
wealth, possession,’’; 
(5) by striking ‘‘Territories, Commonwealths, or 
possessions each place it appears and inserting 
‘‘Commonwealths or possessions’’ in the following 
sections: 846, 847, 2734, 3062, 3074, 4747, 4778, 
5986, 7652, 7653, 8062, 9778, and 12406; 
(6) by Striking ‘‘Territories, Commonwealths, 
and possessions’’ each place it appears and inserting 
‘‘Commonwealths and possessions’’ in the following 
sections: 3062, 3074, 4747, 4778, 8062, and 9778; 
(7) in section 312, by striking ‘‘States and Ter-
ritories, and Puerto Rico’’ and inserting ‘‘States, the 
Commonwealth of Puerto Rico, Guam, and the Vir-
gin Islands’’; 
(8) in section 335, by striking ‘‘the unincor-
porated territories of’’; 
(9) in sections 4301 and 9301, by striking 
‘‘State or Territory, Puerto Rico, or the District of 
Columbia’’ each place it appears and inserting 
‘‘State, the Commonwealth of Puerto Rico, the Dis-
trict of Columbia, Guam, or the Virgin Islands’’;
151 
(10) in sections 4685 and 9685, by striking 
‘‘State or Territory concerned’’ each place it appears 
and inserting ‘‘State concerned or Guam or the Vir-
gin Islands’’ and by striking ‘‘State and Territorial’’ 
each place it appears and inserting ‘‘State, Guam, 
and the Virgin Islands’’; 
(11) in section 7851, by striking ‘‘States, the 
Territories, and the District of Columbia’’ and in-
serting ‘‘States, the District of Columbia, Guam, 
and the Virgin Islands’’; and 
(12) In section 7854, by striking ‘‘any State, 
any Territory, or the District of Columbia’’ and in-
serting ‘‘any State, the District of Columbia, Guam, 
or the Virgin Islands’’. 
(b) DELETING OBSOLETE DEFINITION OF ‘‘TERRI-
TORY’’ IN TITLE 32.—Title 32, United States Code, is 
amended— 
(1) by striking paragraph (1) of section 101 
and inserting ‘‘(1) For purposes of other laws relat-
ing to the militia, the National Guard, the Army Na-
tional Guard of the United States, and the Air Na-
tional Guard of the United States, ‘‘Territory’’ in-
cludes Guam and the Virgin Islands.’’; 
(2) in sections 103, 104(c), 314, 315, 708(d), 
and 711, by striking ‘‘State and Territory, Puerto
152 
Rico and the District of Columbia’’ and ‘‘State or 
Territory, Puerto Rico, and the District of Colum-
bia’’ each place they appear and inserting ‘‘State, 
the Commonwealth of Puerto Rico, the District of 
Columbia, Guam, and the Virgin Islands’’; 
(3) in sections 104(d), 107, 109, 503, 703, 704, 
710, and 712, by striking ‘‘State or Territory, Puer-
to Rico or the District of Columbia’’ and ‘‘State or 
Territory, Puerto Rico, the Virgin Islands or the 
District of Columbia’’ each place they appear and in-
serting ‘‘State, the Commonwealth of Puerto Rico, 
the District of Columbia, Guam, or the Virgin Is-
lands’’; 
(4) in sections 104(a), 505, 702(a), and 708(a), 
by striking ‘‘State or Territory and Puerto Rico’’ 
and ‘‘State or Territory, Puerto Rico’’ each place 
they appear and inserting ‘‘State, the Common-
wealth of Puerto Rico, Guam, and the Virgin Is-
lands’’; 
(5) in section 324, by striking ‘‘State or Terri-
tory of whose National Guard he is a member, or by 
the laws of Puerto Rico, or the District of Columbia, 
if he is a member of its National Guard’’ and insert-
ing ‘‘State of whose National Guard he is a member, 
or by the laws of the Commonwealth of Puerto Rico,
153 
or the District of Columbia, Guam, or the Virgin Is-
lands, whose National Guard he is a member’’; 
(6) in section 325, by striking ‘‘State or Terri-
tory, or of Puerto Rico’’ and ‘‘State or Territory or 
Puerto Rico’’ each place they appear and inserting 
‘‘State, or of the Commonwealth of Puerto Rico, 
Guam, or the Virgin Islands’’; and 
(7) in sections 326, 327, and 501, by striking 
‘‘States and Territories, Puerto Rico, and the Dis-
trict of Columbia’’ each place it appears and insert-
ing ‘‘States, the Commonwealth of Puerto Rico, the 
District of Columbia, Guam, and the Virgin Is-
lands’’. 
SEC. 1063. REORGANIZATION OF AND TECHNICAL CORREC-
TIONS TO REAL PROPERTY PROVISIONS IN 
TITLE 10 WITHOUT SUBSTANTIVE CHANGE 
AND CLARIFICATION OF AUTHORITY RELAT-
ING TO THE PENTAGON RESERVATION. 
(a) ACQUISITION AUTHORITY.—Section 2663 of title 
10, United States Code, is amended to read as follows: 
‘‘§ 2663. Acquisition: authority 
‘‘(a) IN GENERAL.—(1) The Secretary of a military 
department may have proceedings brought in the name of 
the United States, in a court of proper jurisdiction, to ac-
154 
quire by condemnation any interest in land, including tem-
porary use, needed for— 
‘‘(A) the site, construction, or operation of for-
tifications, coast defenses, or military training 
camps; 
‘‘(B) the construction and operation of plants 
for the production of nitrate and other compounds, 
and the manufacture of explosives or other muni-
tions of war; or 
‘‘(C) the development and transmission of 
power for the operation of plants under subpara-
graph (B). 
‘‘(2) In time of war or when war is imminent, the 
United States may, immediately upon the filing of a peti-
tion for condemnation under subsection (a)(1), take and 
use the land to the extent of the interest sought to be 
acquired. 
‘‘(3) The Secretary of the military department con-
cerned may contract for or buy any interest in land, in-
cluding temporary use, needed for any purpose named in 
subsection (a)(1), as soon as the owner fixes a price for 
it and the Secretary considers that price to be reasonable. 
‘‘(4) The Secretary of the military department con-
cerned may accept for the United States a gift of any in-
155 
terest in land, including temporary use, for any purpose 
named in subsection (a)(1). 
‘‘(b) LOW-COST INTERESTS IN LAND.— 
(1) ACQUISITION
AUTHORITY.—The Secretary 
of a military department may acquire any interest in 
land that— 
‘‘(A)(i) the Secretary determines is needed 
in the interest of national defense; and 
‘‘(ii) does not cost more than $750,000, 
exclusive of administrative costs and the 
amounts of any deficiency judgments; or 
‘‘(B)(i) the Secretary determines is needed 
solely to correct a deficiency that is life-threat-
ening, health-threatening, or safety-threatening; 
and 
‘‘(ii) does not cost more than $1,500,000, 
exclusive of administrative costs and the 
amounts of any deficiency judgments. 
‘‘(2) ACQUISITION
OF
MULTIPLE
PARCELS.— 
This subsection does not apply to the acquisition, as 
a part of the same project, of more than one parcel 
of land unless the parcels are noncontiguous or, if 
contiguous, unless the total cost is not more than 
$750,000, in the case of an acquisition under para-
156 
graph (1)(A), or $1,500,000, in the case of an ac-
quisition under paragraph (1)(B). 
‘‘(3) FUND SOURCE.—Appropriations available 
to the Department of Defense for operation and 
maintenance or for military construction may be 
used for the acquisition of land or interests in land 
under this subsection. 
‘‘(c) INTERESTS
IN LAND WHEN NEED
IS UR-
GENT.—(1) The Secretary of a military department may 
acquire any interest in land that— 
‘‘(A) the Secretary determines is needed in the 
interest of national defense; 
‘‘(B) is required to maintain the operational in-
tegrity of a military installation; and 
‘‘(C) considerations of urgency do not permit 
the delay necessary to include the required acquisi-
tion in an annual Military Construction Authoriza-
tion Act. 
‘‘(2) Not later than 10 days after the date on which 
the Secretary of a military department determines to ac-
quire an interest in land under the authority of this sub-
section, the Secretary shall submit to the Committee on 
Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives written
157 
notice containing a description of the property and interest 
to be acquired and the reasons for the acquisition. 
‘‘(3) Appropriations available for military construc-
tion may be used for the purposes of this subsection. 
‘‘(d) EXTENT OF AUTHORITY.—The authority to ac-
quire interests in real property (including a temporary in-
terest) under this section includes authority to— 
‘‘(1) make surveys; and 
‘‘(2) acquire interests in real property by gift, 
purchase, exchange of real property owned by the 
United States, or otherwise.’’. 
(b) ACQUISITION LIMITATIONS.—Chapter 159 of 
such title is amended by inserting after section 2663 the 
following new section: 
‘‘§ 2664. Acquisition: limitations 
‘‘(a) AUTHORIZATION REQUIRED.—No military de-
partment may acquire real property not owned by the 
United States unless the acquisition is expressly author-
ized by law. The foregoing limitation shall not apply to 
the acceptance by a military department of real property 
acquired under the authority of the Administrator of Gen-
eral Services to acquire property by the exchange of Gov-
ernment property pursuant to subtitle I of title 40 (40 
U.S.C. 101 et seq.) and title III of the Federal Property
158 
and Administrative Services Act of 1949, as amended (41 
U.S.C. 251 et seq.) 
‘‘(b) COST LIMITATIONS.—(1) Except as provided in 
paragraph (2), the cost authorized for a land acquisition 
project may be increased by not more than 25 percent of 
the amount appropriated for the project by Congress or 
200 percent of the amount specified by law as the max-
imum amount for a minor military construction project, 
whichever is lesser, if the Secretary concerned determines 
(i) that such an increase is required for the sole purpose 
of meeting unusual variations in cost, and (ii) that such 
variations in cost could not have been reasonably antici-
pated at the time the project was originally approved by 
Congress. 
‘‘(2) A land acquisition project may not be placed 
under contract if, based upon the agreed price for the land 
or, in the case of land to be acquired by condemnation, 
the amount to be deposited with the court as just com-
pensation for the land— 
‘‘(A) the scope of the acquisition, as approved 
by Congress, is proposed to be reduced by more than 
25 percent; or 
‘‘(B) the agreed price for the land or, in the 
case of land to be acquired by condemnation, the 
amount to be deposited with the court as just com-