HR 1585 IH
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2008'.
SEC. 2. TABLE OF CONTENTS.
(a) Divisions- This Act is organized into two divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 2. Table of contents.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 102. Navy and Marine Corps.
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
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
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.
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
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
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.
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
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.
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
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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Army as follows:
(1) For aircraft, $4,179,848,000.
(2) For missiles, $1,645,485,000.
(3) For weapons and tracked combat vehicles, $3,089,998,000.
(4) For ammunition, $2,190,576,000.
(5) For other procurement, $12,647,099,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Navy as follows:
(1) For aircraft, $12,747,767,000.
(2) For weapons, including missiles and torpedoes, $3,084,387,000.
(3) For shipbuilding and conversion, $13,656,120,000.
(4) For other procurement, $5,470,412,000.
(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Marine Corps in the amount of $2,999,057,000.
(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement of ammunition for the Navy and Marine Corps in the amount of $760,484,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Air Force as follows:
(1) For aircraft, $12,393,270,000.
(2) For ammunition, $868,917,000.
(3) For missiles, $5,131,002,000.
(4) For other procurement, $15,421,162,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2008 for Defense-wide procurement in the amount of $3,318,834,000.
SEC. 105. RAPID ACQUISITION FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for Rapid Acquisition Fund in the amount of $100,000,000.
SEC. 106. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for Joint Improvised Explosive Device Defeat Fund in the amount of $500,000,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.
Beginning with the fiscal year 2008 program year, the Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into multi-year contracts for procurement of the following:
(1) Army Ch-Chinook Helicopter;
(2) M1A2 Abrams System Enhancement Package upgrades, and
(3) M2A3/M3A3 Bradley upgrades.
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE PROGRAM.
(a) Authority- The Secretary of the Navy may, in accordance with section 2306b of title 10, United States Code, enter into multiyear contracts, beginning with the fiscal year 2009 program year, for the procurement of Virginia-class submarines and government-furnished equipment.
(b) Limitations- The Secretary of the Navy may not enter into a contract authorized by subsection (a) until--
(1) the Secretary submits to the congressional defense committees a certification that the Secretary has made each of the findings with respect to such contract specified in subsection (a) of section 2306b of title 10, United States Code; and
(2) a period of 30 days has elapsed after the date of the transmission of such certification.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test, and evaluation, as follows:
(1) For the Army, $10,589,604,000.
(2) For the Navy, $17,075,536,000.
(3) For the Air Force, $26,711,940,000.
(4) For Defense-wide activities, $20,740,114,000, of which $180,264,000 is authorized for the Director of Operational Test and Evaluation.
Subtitle B--Missile Defense Programs
SEC. 211. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Upon approval by the Secretary of Defense, funds authorized to be appropriated for fiscal year 2009 for research, development, test, and evaluation for the Missile Defense Agency may be used for the development and fielding of ballistic missile defense capabilities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense, for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $28,924,973,000.
(2) For the Navy, $33,334,690,000.
(3) For the Marine Corps, $4,961,393,000.
(4) For the Air Force, $33,655,633,000.
(5) For the Defense-wide activities, $22,574,278,000.
(6) For the Army Reserve, $2,508,062,000.
(7) For the Navy Reserve, $1,186,883,000.
(8) For the Marine Corps Reserve, $208,637,000.
(9) For the Air Force Reserve, $2,692,077,000.
(10) For the Army National Guard, $5,840,209,000.
(11) For the Air National Guard, $5,041,965,000.
(12) For the United States Court of Appeals for the Armed Forces, $11,971,000.
(13) For Environmental Restoration, Army, $434,879,000.
(14) For Environmental Restoration, Navy, $300,591,000.
(15) For Environmental Restoration, Air Force, $458,428,000.
(16) For Environmental Restoration, Defense-wide, $12,751,000.
(17) For Environmental Restoration, Formerly Used Defense Sites, $250,249,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid programs, $103,300,000.
(19) For Former Soviet Union Threat Reduction programs, $348,048,000.
(20) For the Overseas Contingency Operations Transfer Fund, $5,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $1,352,746,000.
(2) For the National Defense Sealift Fund, $1,079,094,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $20,679,124,000, of which--
(1) $20,182,381,000 is for Operation and Maintenance;
(2) $134,482,000 is for Research, Development, Test, and Evaluation; and
(3) $362,261,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Army-
(1) AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, in the amount of $1,455,724,000, of which--
(A) $1,198,086,000 is for Operation and Maintenance;
(B) $221,212,000 is for Research, Development, Test, and Evaluation; and
(C) $36,426,000 is for Procurement.
(2) USE- Amounts authorized to be appropriated under paragraph (1) are authorized for--
(A) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-Wide- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $936,822,000.
(d) Defense Inspector General- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $215,995,000, of which--
(1) $214,995,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.
Subtitle B--Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE ARCTIC SURPLUS SUPERFUND SITE, FAIRBANKS, ALASKA.
From funds authorized to be appropriated by section 301(16) for Environmental Restoration, Defense-wide, the Secretary of Defense may, notwithstanding section 2215 of title 10, United States Code, transfer not more than $186,625.38 to the Hazardous Substance Superfund to reimburse the Environmental Protection Agency for costs incurred pursuant to the agreement known as `In the Matter of Arctic Surplus Superfund Site, U.S. EPA Docket Number CERCLA-10-2003-0114: Administrative Order on Consent for Remedial Design and Remedial Action,' entered into by the Department of Defense and the Environmental Protection Agency on December 11, 2003.
SEC. 312. PAYMENT TO EPA OF STIPULATED PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING COMPLEX, WASHINGTON.
From funds authorized to be appropriated by section 301(14) for operation and maintenance for Environmental Restoration, Navy, the Secretary of the Navy may, notwithstanding section 2215 of title 10, United States Code, transfer not more than $40,000.00 to the Hazardous Substance Superfund to pay a stipulated penalty assessed by the Environmental Protection Agency on October 25, 2005, against the Jackson Park Housing Complex, Washington, for the Navy's failure to timely submit a draft final Phase II Remedial Investigation Work Plan for the Jackson Park Housing Complex Operable Unit (OU-3T-JPHC) pursuant to a schedule included in an Interagency Agreement (Administrative Docket No. CERCLA-10-2005-0023).
SEC. 313. PROMOTING PRIVATELY CONDUCTED RESPONSIBLE, COMPLIANT, AND ECONOMICALLY BENEFICIAL ENVIRONMENTAL RESTORATION AT CLOSED INSTALLATIONS.
Section 2905(e) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(A) in subparagraph (A), by striking `, waste management, and environmental compliance';
(B) in subparagraph (B), by striking `exclusively for the use' and all that follows through the period at the end of the subparagraph and inserting `for purposes other than to assist the homeless.'; and
(C) in subparagraph (C), by inserting before the period at the end the following: `, and shall require appropriate financial assurance (as determined by the Secretary) by the property recipient for environmental restoration activities not otherwise addressed by paragraph (5)';
(2) in paragraph (2), by striking `Congress that' and all that follows through the end and inserting `Congress that the resulting transaction will--
`(A) ensure that all response actions necessary to protect human health and the environment will be completed;
`(B) provide an economically sound transaction for the United States; and
`(C) promote rapid reuse of the property.'.
(3) by striking paragraph (3);
(4) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;
(5) in paragraph (5), as so redesignated, by striking `paragraph (4)' and inserting `paragraph (3)'; and
(6) by adding at the end the following new paragraph (6):
`(6) Any payments received pursuant to an agreement under paragraph (1) at an installation approved for closure or realignment on or before January 1, 2005, shall be deposited into the account established pursuant to section 2906. Any payments received under paragraph (1) at an installation approved for closure or realignment after January 1, 2005, shall be deposited into the account established pursuant to section 2906A.'.
SEC. 314. ENHANCED ENCROACHMENT PROTECTION.
Section 2684a(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively;
(2) by inserting after paragraph (2) the following new paragraph (3):
`(3) An agreement with an eligible entity under subsection (a)(2) of this section may provide for the management of natural resources and the contribution by the United States towards natural resource management costs on any real property in which a military department has acquired any right title or interest in accordance with paragraph (1)(A) where there is a demonstrated need to preserve or restore habitat for purposes of subsection (a)(2).'; and
(3) in paragraph (4)(C), as redesignated by paragraph (1), by striking `equal to the fair market value' and all that follows through the period at the end and inserting `equal to--
`(i) the fair market value of any property or interest in property to be transferred to the United States upon the request of the Secretary concerned under paragraph (5); or
`(ii) at the discretion of the Secretary concerned, the cumulative fair market value of all properties or interests to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (a).'.
SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, WASHINGTON.
From funds authorized to be appropriated by section 301(16) for Environmental Restoration, Defense-wide, the Secretary of Defense may, notwithstanding section 2215 of title 10, United States Code, transfer not more than $91,588.51 to the Moses Lake Wellfield Superfund Site 10-6J Special Account to reimburse the Environmental Protection Agency for costs incurred pursuant to a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington, provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999.
Subtitle C--Workplace and Depot Issues
SEC. 321. MODIFICATION OF PROHIBITION ON CONTRACTS FOR PERFORMANCE OF FIREFIGHTING OR SECURITY-GUARD FUNCTIONS.
Section 2465(b)(4) of title 10, United States Code, is amended by inserting `or security-guard' after `firefighting' both places it appears.
SEC. 322. FLEXIBILITY IN USE OF LOW DENSITY/HIGH DEMAND MILITARY PERSONNEL.
Paragraph (4) of section 2465(b) of title 10, United States Code, is amended to read as follows:
`(4) A contract for the performance of security-guard or firefighting functions that the Secretary of Defense determines are, or otherwise would be, performed by members of the armed forces.'.
Subtitle D--Other Matters
SEC. 331. REIMBURSEMENT FOR NATIONAL GUARD MILITARY SUPPORT TO CIVILIAN LAW ENFORCEMENT.
Section 377 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `To' and inserting `Subject to subsection (c), to';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new subsection (b):
`(b)(1) Subject to subsection (c), the Secretary of Defense shall require a federal civilian law enforcement agency to which support is provided by National Guard personnel authorized to perform other duty under section 502(f) of title 32, to reimburse the Department of Defense for the costs of that support, notwithstanding any other provision of law. No other provision of this chapter shall apply to such support.
`(2) Any funds received by the Department of Defense as reimbursement for support provided by units or members of the National Guard under this subsection shall be credited, at the option of the Secretary of Defense, to:
`(A) the appropriation, fund, or account used to fund the support; or
`(B) the appropriate appropriation, fund, or account currently available for such purpose.'; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) in the matter preceding paragraph (1), by inserting `or under section 502(f) of title 32' after `under this chapter'; and
(B) in paragraph (2), by inserting `or units or members of the National Guard' after `Department of Defense'.
SEC. 332. EXTEND PERIOD TO TRANSFER FUNDS INTO THE FOREIGN CURRENCY FLUCTUATIONS ACCOUNT.
Section 2779 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking `second' and inserting `fifth'; and
(2) in subsection (d)(2), by striking `second' and inserting `fifth'.
SEC. 333. AVAILABILITY OF APPROPRIATIONS FOR UNUSUAL COST OVERRUNS AND FOR CHANGES IN SCOPE OF WORK FOR SHIP OVERHAUL, MAINTENANCE, AND REPAIR.
(a) In General- Section 7313 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `an industrial-fund activity' and inserting `a Center of Industrial and Technical Excellence'; and
(2) in subsection (b)(1)--
(A) by striking `for payments to an industrial-fund activity' and inserting `for costs incurred by a Center of Industrial and Technical Excellence'; and
(B) by striking `the industrial-fund activity' and inserting `the Center of Industrial and Technical Excellence'.
(b) Clerical Amendment- (1) Such section is further amended by amending the section heading to read as follows:
`Sec. 7313. Availability of appropriations for unusual cost overruns and for changes in scope of work for ship overhaul, maintenance, and repair';
(2) The table of contents at the beginning of chapter 633 of such title is amended by striking the item relating 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.'.
SEC. 334. REASONABLE RESTRICTIONS ON THE PAYMENT OF FULL REPLACEMENT VALUE FOR PERSONAL PROPERTY CLAIMS OF CIVILIANS.
Section 2636a(d) of title 10, United States Code, is amended by adding at the end the following new sentence: `The regulations may require members of the armed forces or civilian employees of the Department of Defense to comply with reasonable restrictions in order to receive benefits under this section.'.
SEC. 335. REVISED AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.
Section 4544 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following new sentence: `The Army is authorized not more than eight contracts or cooperative arrangements in total under this section.'; and
(2) by striking subsection (k).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2008, as follows:
(3) The Marine Corps, 180,000.
(4) The Air Force, 328,600.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2008, as follows:
(1) The Army National Guard of the United States, 351,300.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 67,800.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 67,500.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--
(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2008, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 29,204.
(2) The Army Reserve, 15,870.
(3) The Navy Reserve, 11,579.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,936.
(6) The Air Force Reserve, 2,721.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the last day of fiscal year 2008 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 8,249.
(2) For the Army National Guard of the United States, 26,502.
(3) For the Air Force Reserve, 9,909.
(4) For the Air National Guard of the United States, 22,553.
SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.
(1) NATIONAL GUARD- Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2008, may not exceed the following:
(A) For the Army National Guard of the United States, 1,600.
(B) For the Air National Guard of the United States, 350.
(2) ARMY RESERVE- The number of non-dual status technicians employed by the Army Reserve as of September 30, 2008, may not exceed 595.
(3) AIR FORCE RESERVE- The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2008, may not exceed 90.
(b) Non-Dual Status Technicians Defined- In this section, the term `non-dual status technician' has the meaning given that term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2008, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
This section would authorize $105,403,698,000 to be appropriated for military personnel.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2008 for the Armed Forces Retirement Home the sum of $61,624,000 for the operation of the Armed Forces Retirement Home, including the United States Soldiers' and Airmens' Home and the Naval Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE DUTY IN THE GRADE OF MAJOR TO MEET NEW FORCE STRUCTURE REQUIREMENTS.
The table in section 523(a)(l) of title 10, United States Code, is amended by striking the figures under the heading `Major' in the portion of the table relating to 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'.
---------
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.
The table in section 523(a)(2) of title 10, United States Code, is amended by striking the figures under the headings `Lieutenant Commander,' `Commander,' and `Captain' and inserting the following:
---------------------
---------------------
`7,698 5,269 2,222
8,189 5,501 2,334
8,680 5,733 2,447
9,172 5,965 2,559
9,663 6,197 2,671
10,155 6,429 2,784
10,646 6,660 2,896
11,136 6,889 3,007
11,628 7,121 3,120
12,118 7,352 3,232
12,609 7,583 3,344
13,100 7,813 3,457
13,591 8,044 3,568
14,245 8,352 3,718
17,517 9,890 4,467'.
---------------------
SEC. 503. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG OFFICERS TO SERVE ON ACTIVE DUTY.
Section 526(d) of title 10, United States Code, is amended to read as follows:
`(d) Exclusion of Certain Officers- (1) The limitations of this section do not apply to a reserve component general or flag officer who is--
`(A) on active duty for training; or
`(B) on active duty under a call or order specifying a period of less than 180 days.
`(2) Notwithstanding the limitation in paragraph (1)(B), the Secretary concerned may authorize not more than ten percent of the number of officers authorized under section 12004 of this title to serve for a period not to exceed 365 days. In determining the maximum number of officers that may serve on active duty at any one time under this paragraph, any fraction shall be rounded down to the next whole number, and at least one officer per service will be authorized under this section.'.
SEC. 504. REENLISTMENT OF OFFICERS IN THEIR FORMER ENLISTED GRADE.
(a) Regular Army- Section 3258 of title 10, United States Code, is amended--
(A) by striking `a Reserve' and inserting `an'; and
(B) by striking `a temporary' and inserting `an'; and
(A) in paragraph (1), by striking `a Reserve' and inserting `an'; and
(B) in paragraph (2), by striking `Reserve'.
(b) Regular Air Force- Section 8258 of such title is amended--
(A) by striking `a reserve' and inserting `an'; and
(B) by striking `a temporary' and inserting `an'; and
(A) in paragraph (1), by striking `a Reserve' and inserting `an'; and
(B) in paragraph (2), by striking `Reserve'.
SEC. 505. DISCHARGE OF PROBATIONARY OFFICERS AND FORCE SHAPING AUTHORITY.
(a) Active-Duty List Officers: Years of Active Commissioned Service- Section 630(1)(A) of title 10, United States Code, is amended by striking `five' and inserting `six'.
(b) Officer Force Shaping Authority- Section 647(b)(1) of such title is amended by striking `5' both places it appears and inserting `6'.
(c) Reserve Officers: Years of Active Commissioned Service- Section 14503(a)(1) of such title is amended by striking `five' and inserting `six'.
SEC. 506. ADDITION OF ALL NAVY PERMANENT MILITARY PROFESSORS TO THE LIST OF EXEMPTIONS TO DOPMA AUTHORIZED GRADE LIMITATIONS.
Section 523(b)(8) of title 10, United States Code, is amended by inserting before the period at the end the following: `, and career military professors (as defined in regulations prescribed by the Secretary of the Navy) of the Naval War College, the Naval Postgraduate School, and any other graduate-level institution established to provide advanced education to members of the Navy and Marine Corps, but not to exceed 35 in addition to those serving at the Naval Academy'.
SEC. 507. MANDATORY SEPARATION OF RESERVE OFFICERS IN THE GRADE OF LIEUTENANT GENERAL OR VICE ADMIRAL.
Section 14508 of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d) and (e) as subsections (d), (e) and (f), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
`(c) Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals- Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general and each reserve officer of the Navy in the grade of vice admiral shall, 30 days after completion of 38 years of commissioned service, be separated in accordance with section 14514 of this title.'.
SEC. 508. TEMPORARY SUSPENSION OF ELIGIBILITY FOR EDUCATION BENEFIT.
Section 16165(b) of title 10, United States Code, is amended to read as follows:
`(b) Exception- Under regulations prescribed by the Secretary of Defense, a member of the Selected Reserve of the Ready Reserve who incurs a break in Selected Reserve service, but remains in the Individual Ready Reserve or Inactive National Guard during such break, may continue to receive educational assistance under this chapter for up to 90 days during such break. However, eligibility for educational assistance shall be suspended after the 90th day of such break until the member returns to service in the Selected Reserve.'.
SEC. 509. INCREASED TENURE FOR GENERAL AND FLAG OFFICERS.
(a) In General- Sections 636 of title 10, United States Code, is amended--
(1) by striking subsections (b) and (c); and
(2) by inserting after subsection (a) the following new subsection (b):
`(b) Exception- Officers serving above the grade of major general or rear admiral may continue to serve without regard to years of service.'.
(b) Conforming Amendments-
(1) Subsection (a) of such section is amended by striking `or (c)'.
(2) Section 637(b) of such title is amended by striking the last sentence in paragraph (2).
(3) Section 14508 of such title is amended--
(A) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
(B) by inserting after subsection (b) the following new subsection (c):
`(c) Officers Serving Above the Grade of Major General or Rear Admiral- Officers serving above the grade of major general or rear admiral may continue to serve without regard to years of service.'.
SEC. 510. AMENDMENT OF YEARS OF SERVICE PROVISION TO CONFORM WITH EXTENDED MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL AND FLAG OFFICERS.
Section 637(b)(3) of title 10, United States Code, is amended by striking `but such period may not (except as provided under section 1251(b) of this title) extend beyond the date of the officer's sixty-second birthday' and inserting `except as provided under section 1253 of this title'.
Subtitle B--Reserve Component Matters
SEC. 521. DUTY OF REGULAR MEMBERS OF THE ARMY AND AIR FORCE WITH THE NATIONAL GUARD.
Section 315 of title 32, United States Code, is amended by adding at the end the following new subsection:
`(c) A commissioned officer or enlisted member of the Regular Army or Regular Air Force detailed, without vacating his or her regular appointment, to duty with the Army National Guard or the Air National Guard of a State, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or the District of Columbia, may perform any duty authorized to be performed by the laws of the applicable State, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or the District of Columbia, as appropriate, without regard to the limitations imposed by section 1385 of title 18.'.
SEC. 522. ENFORCEMENT OF VOLUNTARY SERVICE AGREEMENTS.
Section 12301(d) of title 10, United States Code, is amended by adding at the end the following new sentence: `When a member has entered into a written service agreement (other than an agreement under section 12311 of this title) with the Secretary concerned specifying a period or periods of active duty to be performed for a particular mission or requirement, and in the case of a member of the Army National Guard of the United States or the Air National Guard of the United States with the consent of the Governor or other appropriate authority of the State concerned, the member may not withdraw his consent, unless agreed to by the Secretary, and the Secretary may order the member to active duty in accordance with the terms of the service agreement.'.
SEC. 523. BENEFITS FOR CERTAIN NATIONAL GUARD DUTY.
Section 12602 of title 10, United States Code, is amended--
(A) by striking `and' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and inserting `; and'; and
(C) by adding at the end the following new paragraph:
`(4) duty performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard under section 502(f) of title 32 at the request of the President or the Secretary of Defense shall be considered active duty in Federal service as a Reserve of the Army for the purposes of providing benefits that are provided to Reserve component members performing duty pursuant to an order to active duty under a provision of law referred to in section 101(a)(13)(B) of this title.'; and
(A) by striking `and' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and inserting `; and'; and
(C) by adding at the end the following new paragraph:
`(4) duty performed by a member of the Air National Guard of the United States in his status as a member of the Air National Guard under section 502(f) of title 32 at the request of the President or the Secretary of Defense shall be considered active duty in Federal service as a Reserve of the Air Force for the purposes of providing benefits that are provided to Reserve component members performing duty pursuant to an order to active duty under a provision of law referred to in section 101(a)(13)(B) of this title.'.
SEC. 524. CONTINUED SERVICE WITHIN TWO YEARS OF RETIREMENT ELIGIBILITY.
Section 12686(b) of title 10, United States Code, is amended to read as follows:
`(b) Waiver- With respect to a member of a reserve component who is to be ordered to active duty (other than for training) under section 12301 of this title pursuant to an order to active duty for a single period or multiple periods and who (but for this subsection) would be covered by subsection (a), the Secretary concerned may require, as a condition of such order or multiple orders to active duty, that the member waive the applicability of subsection (a) to the member for the period or periods of active duty covered by that order and may include subsequent orders. In carrying out this subsection, the Secretary concerned may require that a waiver under the preceding sentence be executed before the period of active duty begins. At anytime before commencing a period of active duty covered by such a waiver, the member may withdraw consent to waive the applicability of subsection (a).'.
SEC. 525. INCREASE IN THE PERIOD OF TEMPORARY FEDERAL RECOGNITION FROM SIX TO TWELVE MONTHS.
Section 308(a) of title 32, United States Code, is amended by striking `six months' and inserting `twelve months'.
SEC. 526. NUCLEAR OFFICER INCENTIVE PAY: CONTINUATION PAY ELIGIBILITY.
Section 312 of title 37, United States Code, is amended--
(1) in subsection (a)(3), by striking `26' and inserting `30'; and
(2) in subsection (e)(1), by striking `26' and inserting `30'.
Subtitle C--Education and Training
SEC. 531. ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES.
(a) In General- Part IV of subtitle C of title 10, United States Code, is amended by adding at the end the following new chapter:
`CHAPTER 667--ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
`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.
`Sec. 7911. Arms, tentage, and equipment: educational institutions not maintaining units of ROTC
`Under such conditions as he may prescribe, the Secretary of the Navy may issue arms, tentage, and equipment that he considers necessary for proper military training, to any educational institution at which no unit of the Reserve Officers' Training Corps is maintained, but which has a course in military training prescribed by the Secretary and which has at least 50 physically fit students over 14 years of age.
`Sec. 7912. Rifles and ammunition for target practice: educational institutions having corps of cadets
`(a) Authority To Lend- The Secretary of the Navy may lend, without expense to the United States, magazine rifles and appendages, that are not of the existing service models in use at the time and that are not necessary for a proper reserve supply, to any educational institution having a uniformed corps of cadets of sufficient number for target practice. He also may issue 40 rounds of ball cartridges for each cadet for each range at which target practice is held, but not more than 120 rounds each year for each cadet participating in target practice.
`(b) Responsibilities of Institutions- The institutions to which property is lent under subsection (a) shall--
`(1) use the property for target practice;
`(2) take proper care of the property; and
`(3) return the property when required.
`(c) Regulations- The Secretary shall prescribe regulations to carry out this section, containing such other requirements as he considers necessary to safeguard the interests of the United States.
`Sec. 7913. Supplies: military instruction camps
`Under such conditions as he may prescribe, the Secretary of the Navy may issue, to any educational institution at which an officer of the naval service is detailed as professor of naval science, such supplies as are necessary to establish and maintain a camp for the military instruction of its students. The Secretary shall require a bond in the value of the property issued under this section, for the care and safekeeping of that property and, except for property properly expended, for its return when required.'
(b) Clerical Amendment- The table of chapters for part IV of such title is amended by adding at the end the following new item:
-----------------------------------------------------------------------
-----------------------------------------------------------------------
`667. Issue of Serviceable Material Other Than to Armed Forces 7910.'.
-----------------------------------------------------------------------
SEC. 532. AUTHORITY FOR PERMANENT PROFESSORS AT THE SERVICE MILITARY ACADEMIES OR MILITARY GRADUATE SCHOOLS TO SIT AS MEMBERS OF PROMOTION BOARDS.
Section 612(a)(1) of title 10, United States Code is amended by inserting after `active-duty list' the following: `or a permanent professor at the United States Military Academy or the United States Air Force Academy or the United States Naval Academy (as defined in regulations prescribed by the Secretary of the Navy), or career military professors from any graduate-level institution established to provide advanced education to members of the Army, Navy , Marine Corps or Air Force'.
SEC. 533. CAREER MILITARY PROFESSORS OF THE NAVY: PROMOTIONS.
(a) Permanent Professors: United States Navy- Section 641(2) of title 10, United States Code, is amended to read as follows:
`(2) The director of admissions, dean, and permanent professors at the United States Military Academy, the registrar, dean, and permanent professors at the United States Air Force Academy, permanent professors (as defined in regulations prescribed by the Secretary of the Navy) at the United States Naval Academy, and career military professors (as defined in regulations prescribed by the Secretary of the Navy) of the Naval War College, the Naval Postgraduate School, and any other graduate-level institution established to provide advanced education to members of the Navy and Marine Corps.'.
(b) Promotions- (1) Chapter 603 of such title is amended by inserting after section 6970 the following new section:
`Sec. 6970a. Permanent professors: promotion
`An officer serving as a permanent professor at the Naval Academy (as defined in regulations prescribed by the Secretary of the Navy) or career military professors (as defined in regulations prescribed by the Secretary of the Navy) of the Naval War College, the Naval Postgraduate School, and any other graduate-level institution established to provide advanced education to members of the Navy and Marine Corps in the grade of commander or lieutenant colonel may be recommended for promotion to the grade of captain or colonel under regulations prescribed by the Secretary of the Navy, such promotion to be effective no earlier than six years after selection as a permanent professor or career military professor. An officer so recommended shall be promoted by appointment to the higher grade by the President, by and with the advice and consent of the Senate.'.
(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6970 the following new item:
`6970a. Permanent professors: promotion.'.
Subtitle D--General Service Authorities
SEC. 541. SHORTEN EIGHT YEAR MANDATORY SERVICE OBLIGATION FOR QUALIFIED HEALTH PROFESSIONALS IN CRITICAL SPECIALTIES.
Section 651 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(c) The Secretary of Defense may waive the required service provisions of subsection (a) for initial appointments of commissioned officers in critically short health professional specialties, as determined by the Secretary of Defense. However, no such waiver shall reduce the period of obligated service to a period of less than two years, and no waiver can reduce the period of obligated service below the period for which an individual accepted an accession bonus or Multiyear Special Pay contract.'.
SEC. 542. REINSTATEMENT OF ENHANCED AUTHORITY FOR SELECTIVE EARLY RETIREMENT.
(a) Enhanced Authority for Selective Early Retirement- Section 638a of title 10, United States Code, is amended--
(A) by striking `October 1, 1990' and inserting `October 1, 2007'; and
(B) by striking `December 31, 2001' and inserting `December 31, 2012'; and
(2) in subsection (c)(1), by inserting before the period at the end of the second sentence the following: `; provided, however, that from October 1, 2007 through December 31, 2012, such number may be more than 30 percent of the number of officers considered in each competitive category, but may not be more than 30 percent of the number of officers considered in each grade'.
(b) Effective Date- The amendments made by subsection (a) shall apply with respect to agreements entered into under section 1175a of title 10, United States Code, on or after the date of the enactment of this Act.
Subtitle E--Military Justice Matters
SEC. 551. PERMIT SECRETARY TO DESIGNATE PERSONS ELIGIBLE FOR LEGAL ASSISTANCE.
Section 1044(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(6) Other persons designated in regulations prescribed by the Secretary concerned.'.
Subtitle F--Other Matters
SEC. 571. ELIMINATION OF ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER ARMY RESERVE AND NATIONAL GUARD PROGRAM.
Subsection (h) of section 2107a of title 10, United States Code, is amended by striking `not more than 416 cadets each year under this section, to include' and inserting `each year under this section'.
SEC. 572. CREATION OF UNIFORM MILITARY BAND PERFORMANCE AUTHORITY; CLARIFICATION OF CIRCUMSTANCES THAT CREATE COMPETITION WITH LOCAL CIVILIAN MUSICIANS.
(a) In General- Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 988. Uniform military band performance authority
`(a) Department of Defense Bands- Department of Defense bands, ensembles, choruses, or similar musical units, including individual members thereof performing in an official capacity, shall not perform music in competition with local civilian musicians or receive remuneration for official performances.
`(b) Definition- As used in this section, the term `perform music in competition with local civilian musicians'--
`(1) includes, but is not limited to, performances--
`(A) that are more than incidental to events that are not supported solely by appropriated funds and are not free to the public; and
`(B) of background, dinner, dance, or other social music at events, regardless of location, that are not supported solely by appropriated funds; but
`(2) does not include performances--
`(A) at official Federal Government events that are supported solely by appropriated funds;
`(B) at concerts, parades, and other events that are patriotic events or celebrations of national holidays and are free to the public; or
`(C) that are incidental, including short performances of military or patriotic music to open or close events, to events that are not supported solely by appropriated funds, in compliance with applicable rules and regulations.
`(c) Members of Department of Defense Bands- Members of Department of Defense bands, ensembles, choruses, or similar musical units may perform music in their personal capacity, as individuals or part of a group, for remuneration or otherwise, when not wearing a military uniform, not identifying themselves as members of the Department of Defense, and in compliance with all applicable regulations and standards of conduct.
`(d) Recordings- Department of Defense bands, ensembles, choruses, or similar musical units, when authorized pursuant to Department of Defense regulation, may produce recordings for distribution to the public at a cost not to exceed production and distribution expenses, and payments from such recordings shall be credited back to the appropriation enabling such expenses.'.
(b) Clerical and Conforming Amendments- (1) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`988. Uniform military band performance authority.'.
(2) Sections 3634, 6223, and 8634 of such title are repealed.
SEC. 573. RECOVERY OF MISSING MILITARY PROPERTY BY THE NAVY AND MARINE CORPS.
(a) In General- Chapter 661 of title 10, United States Code, is amended by adding at the end the following new sections:
`Sec. 7864. Property accountability: regulations
`The Secretary of the Navy may prescribe regulations for the accounting for Navy and Marine Corps property and the fixing of responsibility for that property.
`Sec. 7865. Individual equipment: unauthorized disposition
`(a) Prohibition- No member of the Navy or the Marine Corps may sell, lend, pledge, barter, or give any clothing, arms, or equipment furnished him by the United States to any person other than a member of the Navy or the Marine Corps, or an officer of the United States, authorized to receive it.
`(b) Seizure of Property- If a member of the Navy or the Marine Corps has disposed of property in violation of subsection (a) and it is in the possession of a person who is neither a member of the Navy or the Marine Corps, nor an officer of the United States, authorized to receive it, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found. Possession of such property furnished by the United States to a member of the Navy or the Marine Corps, by a person who is neither a member of the Navy or the Marine Corps, nor an officer of the United States, is prima facie evidence that it has been disposed of in violation of subsection (a).
`(c) Retention of Seized Property- If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, he shall deliver it to a person who is authorized to retain it.'.
(b) Clerical Amendments- The table of sections at the beginning of such chapter is amended by adding at the end the following new items:
`7864. Property accountability; regulations.
`7865. Individual equipment; unauthorized disposition.'.
SEC. 574. FLEXIBLE MANAGEMENT OF DEPLOYMENTS OF MEMBERS.
(a) In General- Section 991 of title 10, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
`(a) Management Responsibilities- (1) The Secretary concerned shall prescribe regulations to manage the deployment of a member of the armed forces in his military department to ensure that the member is not deployed, or continued in a deployment, beyond prescribed high-deployment thresholds for the consecutive days for which the member may be deployed and the total number of days on which the member has been deployed out of the preceding 730 days. The regulations shall--
`(A) specify the high-deployment thresholds;
`(B) establish procedures to ensure that members are aware of their deployment days; and
`(C) specify the approval process which must take place before a member may be deployed, or continued in a deployment, beyond the high-deployment thresholds.
`(2) The Secretary of Defense shall approve--
`(A) the high-deployment thresholds for the military departments; and
`(B) the procedures for the payment of hardship duty pay under section 305 of title 37 for those members of the armed forces who experience hardship duty by being deployed in excess of approved high-deployment thresholds.';
(i) by striking `a training exercise or' and inserting `an'; and
(ii) by inserting `as designated by the Secretary concerned' after `circumstances';
(i) by striking `or' at the end of subparagraph (B);
(ii) by striking the period at the end of subparagraph (C) and inserting a semicolon; and
(iii) by adding at the end the following new subparagraphs:
`(D) performing non-operational temporary duty including conferences and seminars; or
`(E) participating in training or exercises as designated by the Secretary concerned.'; and
(i) in the first sentence--
(I) by striking `The Secretary of Defense' and inserting `The Secretary concerned'; and
(II) by inserting `with the approval of the Secretary of Defense' after `(2)'; and
(ii) by striking the second sentence;
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection (d).
(b) Repeal of High-Deployment Allowance and Strengthening of Hardship Duty Pay-
(1) Section 436 of title 37, United States Code, is repealed.
(2) The text of section 305 of such title is amended to read as follows:
`(a) Authority- A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty in the United States or outside the United States that is designated by the Secretary of Defense as hardship duty. Special pay payable under this section may be paid on a monthly basis or in a lump sum.
`(b) Written Agreement- The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of special pay on a lump sum basis under this section. The written agreement shall specify the period for which the special pay will be paid to the member and, subject to subsection (c), the amount of the lump sum of the special pay.
`(c) Maximum Rate or Amount- (1) The maximum monthly rate of special pay payable to a member on a monthly basis under this section is $1,500.
`(2) The amount of the lump sum payment of special pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of--
`(A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b); and
`(B) the number of months in the period for which hardship duty pay will be paid pursuant to the agreement.
`(3) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), special pay for the period of the extension may be paid under this section on a monthly basis or in a lump sum in accordance with this section.
`(d) Repayment- A member who enters into an agreement under this section and receives special pay under the agreement in a lump sum, but who fails to complete the period of service covered by the payment, shall be subject to the repayment provisions of section 303a(e) of this title.
`(e) Relationship to Other Pay and Allowances- Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
`(f) Regulations- The Secretary of Defense shall prescribe regulations for the provision of hardship duty pay under subsection (a), including the specific rates at which the special pay will be available.'.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. ALLOWANCE FOR RESERVE SCREENING.
(a) Allowance for Electronic Screening- Chapter 7 of title 37, United States Code, is amended by inserting after section 433 the following new section:
`Sec. 433a. Allowance for participation in Ready Reserve screening
`(a) Screening Allowance- Under uniform regulations prescribed by the Secretaries concerned, a member of the Individual Ready Reserve may be paid a stipend for participation in the screening performed pursuant to section 10149 of title 10, in lieu of muster duty performed under section 12319 of title 10, when such participation is conducted through electronic means.
`(b) Maximum Payment- The amount of the stipend under this section shall not exceed $50 in any calendar year.
`(c) Bar to Retirement Credit- Participation in the screening under this section shall not be credited in determining entitlement to, or in computing, retired pay under chapter 1223 of title 10.
`(d) Payment Requirements- (1) The stipend authorized by this section may not be disbursed in kind.
`(2) The stipend may be paid to the member on or after the date the screening is performed, but not later than 30 days after that date.
`(3) The stipend shall constitute the single, flat-rate monetary allowance authorized for the performance of the screening and shall constitute payment in full to the member, regardless of the grade or rank in which the member is serving.
`(e) Bar to Inactive Duty Compensation- A member who participates in screening conducted through electronic means pursuant to this section is not entitled to compensation for inactive-duty training under section 206(a) of this title for the same period.'.
(b) Conforming and Clerical Amendments-
(1) CONFORMING AMENDMENTS-
(A) BAR TO DUAL COMPENSATION- Section 206 of such title is amended by adding at the end the following new subsection:
`(f) A member of the National Guard or a member of a reserve component of a uniformed service is not entitled to compensation under this section when the member received compensation under section 433a of this title.'.
(B) BAR TO RETIREMENT CREDIT- Section 12732(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(8) Service performed through electronic screening, regardless of compensation received under section 433a of title 37.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 7 of title 37, United States Code, is amended by inserting after the item relating to section 433 the following new item:
`433a. Allowance for participation in Ready Reserve screening.'.
SEC. 602. JROTC INSTRUCTOR STIPENDS FOR HARD-TO-FILL AREAS.
Section 2031(d) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph (2):
`(2)(A) When determined by the Secretary concerned to be in the national interest, and agreed upon by the institution concerned, an institution may reimburse the moving expenses of a Junior Reserve Officer's Training Corps instructor who signs a written agreement to serve a minimum commitment of two years of employment at that institution in a hard-to-fill position, due to geographic or economic factors and as determined by the Secretary concerned. This payment is separate from the minimum instructor pay.
`(B) In the case of payment of such additional amounts by the institution concerned to cover the moving expenses, the Secretary concerned shall reimburse the institution in an amount equal to the amount paid by the institution. Such payments by the Secretary shall be made from funds appropriated for that purpose.
`(C) Amounts paid under this paragraph shall be subject to regulations promulgated by the Secretary of Defense.'.
SEC. 603. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.
Section 910 of title 37, United States Code, is amended--
(1) in subsection (a), by inserting `, when the total monthly military compensation of the member is less than the average monthly civilian income' after `by the Secretary';
(2) by amending subsection (b) to read as follows:
`(b) Eligibility- Subject to subsection (c), a reserve component member is entitled to a payment under this section for any full month of active duty of the member--
`(1) while on active duty under an involuntary mobilization order, following the date on which the member--
`(A) completes 18 continuous months of service on active duty under such an order;
`(B) completes 730 cumulative days on active duty under an involuntary mobilization order during the previous 1,826 days; or
`(C) is involuntarily mobilized for service on active duty for a period of 180 days or more within 180 days following the member's separation from a previous period of active duty for period of 180 days or more; or
`(2) when the member who qualified for income replacement payments under paragraph (1) is retained on active duty under section 12301(h)(1)(A) or (B) of title 10 because of an injury or illness incurred or aggravated while deployed to an area designated for special pay under section 310 of this title. Once the member is released from active duty, entitlement to pay under this section terminates.'; and
(3) by amending subsection (g) to read as follows:
`(g) Termination of Authority- Payment under this section shall only be made for service performed on or before December 31, 2008.'.
SEC. 604. REVISIONS TO TUITION ASSISTANCE AUTHORITY.
(a) Revision to Authority To Reduce or Waive Active Duty Service Obligation- Section 2007(b) of title 10, United States Code, is amended--
(A) by inserting `(other than a member of the Ready Reserve)' after `active duty' the first place it appears; and
(B) by striking `or full-time National Guard duty' both places it appears; and
(2) in paragraph (2)(B), by inserting `for which ordered to active duty' after `active duty service'.
(b) Authority To Pay Tuition Assistance to Members of the Ready Reserve- Subsection (c) of such section is amended to read as follows:
`(c)(1) As provided in subsection (a) and subject to paragraphs (2) and (3), the Secretary of a military department may pay the charges of an educational institution for the tuition or expenses of a member of the Ready Reserve. For members of the Individual Ready Reserve, the Secretary of a military department will selectively determine if any military operational specialties qualify for this benefit.
`(2) The Secretary may not pay charges under paragraph (1) for tuition or expenses of an officer of the Selected Reserve of the Ready Reserve unless the officer agrees to remain a member of the Selected Reserve for at least four years after completion of the education or training for which the charges are paid.
`(3) The Secretary may not pay charges under paragraph (1) for tuition or expenses of an officer of the Ready Reserve who is not an officer of the Selected Reserve unless the officer agrees to remain in the Ready Reserve for at least four years after completion of the education or training for which the charges are paid. For the Individual Ready Reserve, the Secretary of a military department will selectively determine if any military operational specialties qualify for this benefit.
`(4) The Secretary may require a service obligation for enlisted members of the Selected Reserve or Ready Reserve for up to four years in the Selected Reserve or Ready Reserve after completion of education or training for which tuition or expenses are paid under paragraph (1).'.
(c) Elimination of Unnecessary Provision- Such section is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
(d) Repayment of Unearned Benefit- Subsection (e) of such section, as redesignated by subsection (c), is amended--
(1) by inserting `(1)' after `(f)'; and
(2) by adding at the end the following new paragraph:
`(2) If a member of the Ready Reserve who enters into an agreement under subsection (c) does not complete the period of service specified in the agreement, the member shall be subject to the repayment provisions of section 303a(e) of title 37.'.
(e) Regulations- Such section is further amended by adding at the end the following new subsection (f):
`(f) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy.'.
SEC. 605. MONTGOMERY GI BILL FOR THE SELECTED RESERVE BENEFITS FOR CERTAIN MEMBERS AFFECTED BY FORCE SHAPING INITIATIVES.
Section 16133(b)(1)(B) of title 10, United States Code, is amended--
(1) by striking `October 1, 1991' and inserting `October 1, 2007'; and
(2) by striking `December 31, 2001' and inserting `December 31, 2011'.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAYS FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short Wartime Specialties- Section 302g(e) of title 37, United States Code, is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(b) Selected Reserve Reenlistment Bonus- Section 308b(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(c) Selected Reserve Affiliation or Enlistment Bonus- Section 308c(i) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(d) Special Pay for Enlisted Members Assigned to Certain High Priority Units- Section 308d(c) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(e) Ready Reserve Non-Prior Service Enlistment Bonus- Section 308g(f)(2) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(f) Ready Reserve Enlistment and Reenlistment Bonus- Section 308h(e) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(g) Prior Service Reenlistment Bonus- Section 308i(f) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(h) Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve- Section 16302(d) of title 10, United States Code, is amended by striking `January 1, 2008' and inserting `January 1, 2009'.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program- Section 2130a(a)(1) of title 10, United States Code, is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(b) Accession Bonus for Registered Nurses- Section 302d(a)(1) of title 37, United States Code, is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(c) Incentive Special Pay for Nurse Anesthetists- Section 302e(a)(1) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(d) Accession Bonus for Dental Officers- Section 302h(a)(1) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(e) Accession Bonus for Pharmacy Officers- Section 302j(a) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(f) Accession Bonus for Medical Officers in Critically Short Wartime Specialties- Section 302k(f) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(g) Accession Bonus for Dental Specialist Officers in Critically Short Wartime Specialties- Section 302l(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service- Section 312(e) of title 37, United States Code, is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(b) Nuclear Career Accession Bonus- Section 312b(c) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(c) Nuclear Career Annual Incentive Bonus- Section 312c(d) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus- Section 301b(a) of title 37, United States Code, is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(b) Assignment Incentive Pay- Section 307a(g) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.
(c) Reenlistment Bonus for Active Members- Section 308(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(d) Enlistment Bonus- Section 309(e) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(e) Retention Incentives for Members Qualified in Critical Military Skills or Assigned to High Priority Units- Section 323(i) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(f) Accession Bonus for New Officers in Critical Skills- Section 324(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(g) Incentive Bonus for Conversion to Military Occupational Specialty To Ease Personnel Shortage- Section 326(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(h) Accession Bonus for Members of the Armed Forces Appointed as Commissioned Officers After Completing Officer Candidate School- Section 330(f) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
SEC. 615. EXCEPTION TO 25 YEARS OF ACTIVE DUTY LIMIT FOR RECEIPT OF CRITICAL SKILLS RETENTION BONUS.
Section 323(e) of title 37, United States Code, is amended by adding at the end the following new paragraph:
`(4) The limitations in paragraph (1) may be waived by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, with respect to a member who is assigned duties in a designated critical skill during the period of active duty for which the bonus is being offered. This authority may not be delegated below the Undersecretary of Defense for Personnel and Readiness or the Deputy Secretary of the Department of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy.'.
SEC. 616. ENHANCEMENT OF REFERRAL BONUS TO ENCOURAGE SERVICE IN THE ARMY.
(a) Individuals Eligible for Bonus- Subsection (a)(1) of section 645 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3310) is amended by striking `enlists' and inserting `enlists, or is appointed as an officer to serve in a health profession designated by the Secretary,'.
(b) Extension of Authority- Subsection (h) of such section is amended by striking `December 31, 2007' and inserting `December 31, 2010'.
(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to bonuses payable under section 645 of the National Defense Authorization Act for Fiscal Year 2006, as amended by this or any other section, on or after that date.
SEC. 617. ENHANCEMENT OF SELECTED RESERVE ACCESSION BONUS AUTHORITY.
Section 308c(c)(1) of title 37, United States Code, is amended--
(1) by inserting `(A)' after `(1)';
(2) by striking `and' at the end of subparagraph (A), as redesignated, and inserting `or'; and
(3) by adding at the end the following new subparagraph:
`(B) has previously served in the armed forces but was released from such service prior to completion of the training required by section 671 of title 10, provided such service was characterized as either honorable or uncharacterized; and'.
SEC. 618. SPECIAL PAY: REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE.
Section 308b of title 37, United States Code, is amended--
(1) in subsection (a)(2), by striking `for a period of three years or for a period of six years' and inserting `for a period of not less than three years'; and
(2) in subsection (b)(1), by striking `may not exceed' and all that follows through the end and inserting `may not exceed $15,000.'.
SEC. 619. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR RETENTION BONUS FOR MEDICAL OFFICERS OF THE ARMED FORCES.
(a) Incentive Special Pay- Section 302(b)(1) of title 37, United States Code, is amended by striking `$50,000' and inserting `$75,000'.
(b) Multiyear Retention Bonus- Section 301d(a)(2) of such title is amended by striking `$50,000' and inserting `$75,000'.
SEC. 620. INCREASE IN DENTAL OFFICER ADDITIONAL SPECIAL PAY.
Section 302b(a)(4) of title 37, United States Code, is amended--
(1) by striking `at the following rates' in the matter preceding subparagraph (A) and inserting `at a rate determined by the Secretary concerned, not to exceed';
(2) in subparagraph (A), by striking `$4,000' and inserting `$10,000'; and
(3) in subparagraph (B), by striking `$6,000' and inserting `$12,000'.
SEC. 621. ACCESSION BONUS FOR PARTICIPANTS IN THE ARMED FORCES HEALTH PROFESSIONAL SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
Section 2127 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(f)(1) In order to increase participation in the program under this subchapter, the Secretary of Defense may offer to a person who signs an agreement under section 2122 of this title an accession bonus of not more than $20,000.
`(2) In the case of an individual who receives an accession bonus under this subsection, but fails to commence or complete obligated service under this subchapter, the repayment provisions of section 324(f) of title 37 shall apply to the accession bonus under this subsection.'.
SEC. 622. ACCESSION BONUS FOR MEMBERS APPOINTED AS COMMISSIONED OFFICERS AFTER ATTENDING OFFICER CANDIDATE SCHOOL.
(a) In General- Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:
`Sec. 331. Special pay: accession bonus for officer candidates
`(a) Accession Bonus Authorized- Under regulations prescribed by the Secretary concerned, a person who executes a written agreement to complete officer candidate school, accept a commission or appointment as an officer of the armed forces, and serve on active duty as a commissioned officer for a period specified in the agreement may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary.
`(b) Limitation on Amount of Bonus- The amount of an accession bonus under subsection (a) may not exceed $8,000.
`(c) Payment Method- Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the accession bonus payable under the agreement becomes fixed. The agreement shall specify whether the accession bonus will be paid by the Secretary in a lump sum or installments.
`(d) Repayment- A person who, having received all or part of the bonus under an agreement referred to in subsection (a), does not complete the total period of active duty service as a commissioned officer as specified in the agreement shall be subject to the repayment provisions in section 303a(e) of this title.
`(e) Authority for Payment of Bonus Under Earlier Agreements- The Secretary of the Army shall use this authority to retroactively pay a bonus to a person who executed an agreement during the period from April 1, 2005 through April 1, 2006 to enlist for the purpose of attending officer candidate school.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`330. Special pay: accession bonus for officer candidates.'.
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.
Section 2774 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(g)(1) The Director of the Office of Management and Budget or the Secretary concerned, as the case may be, shall waive any claim for overpayment against a spouse or former spouse of a member if--
`(A) the payment was disposable retired pay that, pursuant to section 1408 of this title, a court treated as property for the purpose of issuing a final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such decree; and
`(B) the claim for overpayment is attributable to a determination of entitlement to disability compensation under title 38.
`(A) The term `court' has the meaning given such term in section 1408(a)(1) of this title.
`(B) The term `disposable retired pay' has the meaning given such term in section 1408(a)(4) of this title.
`(C) The term `final decree' has the meaning given such term in section 1408(a)(3) of this title.
`(D) The term `member' has the meaning given such term in section 1408(a)(5) of this title.
`(E) The term `spouse or former spouse' has the meaning given such term in section 1408(a)(6) of this title.'.
SEC. 632. SURVIVOR BENEFIT PLAN; EXTENSION OF PERIOD FOR ELECTION DEEMED TO HAVE BEEN MADE.
(a) In General- Section 1450(f)(3)(C) of title 10, United States Code, is amended by striking `one year' and inserting `five years'.
(b) Effective Date- The amendment made by this section shall apply with respect to divorces, dissolutions, annulments, or legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 633. ALLOWING MEMBER TO SUBMIT APPLICATION FOR DIRECT PAYMENT.
(a) Permit Application for Direct Payment by Member- Section 1408(d) of title 10, United States Code, is amended in the first sentence of paragraph (1) by inserting `by a member or former member or the spouse or former spouse of such member' after `the Secretary concerned'.
(b) Conditions for Direct Payment- Section 1408(d) of such title is further amended by adding at the end the following new paragraph:
`(8) A former spouse who accepts payment shall be deemed--
`(A) to have consented and agreed to the recovery of any future overpayments, including recovery by involuntary collection from the former spouse or his or her estate; and
`(B) to have agreed to give prompt notice in writing to the Secretary if--
`(i) the operative court order upon which payment is based is vacated, modified, or set aside;
`(ii) the former spouse remarries, if all or a part of the payment is for alimony; or
`(iii) the former spouse is ineligible for child support payments due to the death, emancipation, adoption, or attainment of majority of a child whose support is provided through direct payment to a former spouse from retired pay.'.
(c) Effective Date- The amendments made by this section shall apply to applications for direct payment of retired pay submitted to the Secretary concerned after the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 634. DIVISION OF RETIRED PAY TO BE BASED ON MEMBER'S LENGTH OF SERVICE AND PAY GRADE AT TIME OF DIVORCE.
(a) In General- Section 1408(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(5) In the case of a member as to whom a decree of divorce, dissolution, annulment, or legal separation becomes final before the date on which the member begins to receive retired pay, the total monthly retired pay to which a member is entitled, for purposes of determining `disposable retired pay,' as defined in paragraph (4) of subsection (a), that a court may treat in the manner described in paragraph (1), shall be limited to retired pay computed based on the pay grade, and the length of service of the member while married, that are creditable toward entitlement to basic pay and to retired pay as of the date a marital property interest in retired pay terminates. Amounts so calculated shall be increased by the cumulative percentage of increases in basic pay and retired pay between the date a marital property interest in retired pay terminates and the effective date of the member's retirement. Upon request and pursuant to regulations, the Secretary concerned shall calculate disposable retired pay described in this paragraph.'.
(b) Effective Date- The amendment made by subsection (a) shall apply with respect to divorces, dissolutions, annulments, and legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 635. INCREASES FOR DIVISIONS OF RETIRED PAY EXPRESSED AS A DOLLAR AMOUNT.
(a) Monetary Amount Adjustment- Section 1408(a)(2)(C) of title 10, United States Code, is amended by striking `expressed in dollars' and inserting `expressed as a specific dollar amount, with such amount, if so ordered, being adjusted in the same manner and at the same time as retired pay is adjusted to reflect changes in the Consumer Price Index under section 1401a of this title,'.
(b) Effective Date- The amendment made by subsection (a) shall apply with respect to court orders that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 636. REVOCATION OF TEN-YEAR RULE FOR DIRECT PAYMENT OF RETIRED PAY.
(a) Revocation of Ten-Year Rule- Section 1408(d) of title 10, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively.
(b) Effective Date- The amendments made by this section shall take effect on the first day of the first month which begins more than 120 days after the date of enactment of this Act and shall apply only to payments of retired pay for periods beginning on or after the effective date of this section in the case of any former spouse of a member or former member of the uniformed services.
SEC. 637. SURVIVOR BENEFIT PLAN; MULTIPLE BENEFICIARIES.
(a) Permit Spouse and Former Spouse Coverage- Section 1448(b)(2) of title 10, United States Code, is amended--
(1) in subparagraph (B)--
(A) by striking `prevents payment' and inserting `reduces the amount'; and
(B) by striking `including payment' and inserting `including the amount of an annuity'; and
(2) in subparagraph (C), by striking `which former spouse is to be provided the annuity' and inserting `the base amount applicable in determining the amount of the annuity of each former spouse'.
(b) Permit Spouse and Former Spouse Annuities- Section 1450(a)(1) of such title is amended to read as follows:
`(1) SURVIVING SPOUSE AND FORMER SPOUSE(S)- The eligible surviving spouse and every eligible former spouse.'.
(c) Permit Reductions in Retired Pay in the Case of Multiple Beneficiaries- Section 1452 of such title is amended by adding at the end the following new subsection:
`(k) Reductions in Retired Pay in the Case of Multiple Beneficiaries- When a participant in the Plan has elected to provide an annuity to a spouse and to one or more former spouses, reductions in retired pay required by subsection (a) shall be made for each annuity elected, in an amount based on the base amount applicable to each annuity. In the case of a reduction in retired pay to provide an annuity to a former spouse to whom payment of a portion of a member's retired pay is being made pursuant to a court order under section 1408 of this title, such reduction in retired pay shall be deducted from the amounts paid to such member, to such former spouse, or both, as provided by court order or by agreement of the parties.'.
(d) Effective Date- The amendments made by subsections (a), (b), and (c) apply with respect to elections made on or after the date of enactment of this Act. Any election to provide an annuity to a spouse or former spouse who was prevented from being a beneficiary under the laws in effect before the date of enactment of this Act shall be made within 180 days following the date of enactment of this Act.
(e) Coverage for Survivors of Retirement-Eligible Members Who Die on Active Duty- (1) Section 1448(d) of such title is amended--
(A) in paragraph (3), by striking `the Secretary--(A) may not pay an annuity under paragraph (1) or (2); but (B)' and inserting `the Secretary'; and
(B) by amending paragraph (5) to read as follows:
`(5) COMPUTATION- (A) The amount of an annuity payable to a former spouse pursuant to paragraph (3) shall be computed on the basis of a base amount equal to the amount of retired pay that, under the authority of section 1408(c) of this title, is treated under a court order or spousal agreement as the property of such former spouse.
`(B) The amount of an annuity payable under paragraph (1) or (2) shall be computed under section 1451(c) of this title; however, the retired pay otherwise applicable with respect to such computation shall be reduced by an amount equal to the base amount that provides the basis for computing the amount of an annuity payable to a former spouse under paragraph (3) of this subsection.'.
(2) Effective Date- The amendments made by paragraph (1) shall apply with respect to survivors of retirement-eligible members who die on active duty on or after the date of enactment of this Act.
(f) Coverage for Survivors of Persons Dying When Eligible To Elect Reserve Component Annuity- (1) Section 1448(f) of such title is amended--
(A) by striking `the Secretary--(A) may not pay an annuity under paragraph (1) or (2); but (B)' and inserting `the Secretary'; and
(B) by amending paragraph (4) to read as follows:
`(4) COMPUTATION- (A) The amount of an annuity payable to a former spouse pursuant to paragraph (3) shall be computed on the basis of a base amount equal to the amount of retired pay that, under the authority of section 1408(c) of this title, is treated under a court order or spousal agreement as the property of such former spouse.
`(B) The amount of an annuity payable under paragraph (1) or (2) shall be computed under section 1451(c) of this title; however, the retired pay otherwise applicable with respect to such computation shall be reduced by an amount equal to the base amount that provides the basis for computing the amount of an annuity payable to a former spouse under paragraph (3) of this subsection.'.
(2) Effective Date- The amendments made by paragraph (1) shall apply with respect to survivors of persons eligible to elect reserve-component annuity retirement-eligible members who die on or after the date of enactment of this Act.
SEC. 638. SURVIVOR BENEFIT PLAN; FINANCIAL RESPONSIBILITY FOR SURVIVOR BENEFIT PLAN PARTICIPATION.
(a) Spouse and Former Spouse Annuities- Section 1452(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting `paragraph (6) of this subsection or' after `Except as provided in'; and
(2) by adding at the end the following new paragraph:
`(6) COURT ORDER- If a court order requires the former spouse to pay all or a part of the costs associated with providing an annuity to the former spouse, the participant's retired pay shall not be reduced by the portion that the former spouse is required to pay. The portion of Plan costs that a former spouse is required to pay pursuant to a Court order under this paragraph must either be paid by direct remittance or as a deduction from the former spouse's share of the member's retired pay that is received by direct payment pursuant to section 1408 of this title.'.
(b) Effective Date- The amendment made by this section shall apply with respect to divorces, dissolutions, annulments, or legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 639. SURVIVOR BENEFIT PLAN; PRESUMPTIVE PROPORTIONATE SHARE.
(a) Presumptive Base Amount for Former Spouse- Section 1447(6) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
`(D) PRESUMPTIVE PROPORTIONATE AMOUNT FOR FORMER SPOUSE- In the case of an annuity provided under the Plan for a former spouse, unless otherwise agreed to by the member and former spouse or ordered by a court, such term means any amount of monthly retired pay, which is not less than $300, payable to such former spouse as a result of a court treating disposable retired pay of a member as the property of the member and his spouse under the authority of section 1408(c).'.
(b) Effective Date- The amendments made by this section shall apply with respect to divorces, dissolutions, annulments, and legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality Benefits
SEC. 641. CONTINUATION OF COMMISSARY AND EXCHANGE PRIVILEGES.
Section 1146 of title 10, United States Code is amended--
(1) by inserting `, or a member of the Selected Reserve of the Ready Reserve who is involuntarily separated from the Selected Reserve due to force shaping requirements directed by the Secretary of the military department concerned,' after `active duty' the first place it appears; and
(2) by striking `October 1, 1990, and ending on December 31, 2001' and inserting `October 1, 2007, and ending on December 31, 2012'.
Subtitle E--Other Matters
SEC. 651. CHANGE IN THE DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO INCLUDE MULTI-CREW SHIPS.
Section 305a(e)(1)(A) of title 37, United States Code, is amended--
(1) by striking `or' at the end of clause (ii); and
(2) by adding at the end the following new clause:
`(iv) while serving as an off-cycle crewmember of a multi-crewed ship; or'.
SEC. 652. ESTABLISHMENT OF ARMY INCENTIVE FUND.
(a) Establishment of Fund- Part II of subtitle B of title 10, United States Code, is amended by adding at the end the following new chapter:
`CHAPTER 376--FUND FOR PAYMENT OF INCENTIVES AND BONUSES
`4101. Fund for payment of incentives and bonuses.
`Sec. 4101. Fund for payment of incentives and bonuses
`(a) Establishment of Fund- There is established on the books of the Treasury a fund to be known as the Army Incentive Fund (hereinafter in this section referred to as the `Fund'), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance on an actuarially sound basis Army bonus and incentive liabilities that have been specifically authorized by law to be paid from the Fund.
`(b) Definitions- In this section:
`(1) The term `specifically authorized Army bonus and incentive liabilities' means liabilities of the Department of the Army for a bonus or incentive under--
`(A) chapter 5 of title 37, that is specifically authorized by law to be paid from the Fund; or
`(B) section 681 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163).
`(2) The term `normal cost', with respect to any period of time, means the present value of future bonuses and incentives payable to persons who during such period qualify for a bonus or incentive authorized by law to be paid from the Fund.
`(c) Assets of the Fund- There shall be deposited into the Fund the following, which shall constitute the assets of the Fund:
`(1) Amounts paid into the Fund under subsection (g).
`(2) Any amount appropriated directly to the Fund.
`(3) Any return on investment of the assets of the Fund.
`(d) Payments From the Fund- The Secretary of the Treasury shall transfer from the Fund to the Secretary of the Army only such amounts as are necessary to enable the Secretary to make required payments of specifically authorized Army bonus and incentive liabilities, as defined in subsection (b)(1). The Secretary of the Treasury and the Secretary of the Army shall enter into an agreement as to how and when, and the amounts in which, such transfers shall be made. Except for investments under subsection (h), amounts in the Funds may not be used for any purpose other than transfers described in this subsection.
`(e) Board of Actuaries- The Board of Actuaries established under section 2006(e) of this title (hereinafter in this section referred to as the `Board') shall report to the Secretary of Defense annually on the actuarial status of the Fund and shall furnish its advice and opinion on matters referred to it by the Secretary.
`(f) Determinations of Contributions to the Fund- (1) The Secretary of Defense shall carry out periodic actuarial valuations of any program for a bonus or incentive authorized to be paid from the Fund.
`(2) Based on the most recent such valuation, the Secretary of Defense shall estimate the normal cost for such program for the next fiscal year.
`(3) At the time of such evaluation, the Secretary of Defense shall make determinations for such program in the same manner, as far as practicable, as determinations are made under paragraphs (3) and (4) of section 2006(f) of this title.
`(4) Based on the determinations under paragraphs (2) and (3), the Secretary of Defense shall determine the amount needed to be appropriated to the Department of the Army for the next fiscal year for payments to be made to the Fund under subsection (g).
`(5) All determinations under this subsection shall be made using methods and assumptions approved by the Board (including assumptions of interest rates) and in accordance with generally accepted actuarial principles and practices.
`(g) Payments Into the Fund- (1) The Secretary of the Army shall pay into the Fund each month the amount that, based upon the most recent actuarial valuation of a program for a bonus or incentive authorized to be paid from the Fund, is equal to the normal cost for the program for the preceding month.
`(2) The Secretary of the Army shall pay into the Fund at the beginning of each fiscal year (or as soon thereafter as appropriations are available for such purpose) an amount, if any, for the amortization of any liability to the Fund, or actuarial gain or loss to the Fund, related to the determinations made under subsection (f)(3).
`(3) Amounts paid into the Fund under this section shall be paid from appropriations available for the pay of members of the Army.
`(h) Investments of Assets of the Fund- The Secretary of the Army may request the Secretary of the Treasury to invest such portion of the Fund as is not, in the judgment of the Secretary of the Army, required to meet current withdrawals. Such investments shall be made by the Secretary of the Treasury in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary of the Army, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity.
`(i) Transfer of Funds After Termination- If the use of the Fund is terminated, as determined by the Secretary of the Army, and the amount in the Fund is in excess of all liabilities for future payments for bonuses and incentives for which funds were transferred into the Fund, the amount by which the amount in the Fund exceeds the liabilities may be transferred to the appropriation that is available for the pay of members of the Army at the time of the transfer.'.
(b) Clerical Amendments- The table of chapters for part II of subtitle B of such title is amended by adding at the end the following new item:
4101.'.
SEC. 653. EXPANSION OF SELECTED RESERVE EDUCATION LOAN REPAYMENT PROGRAM.
(a) Additional Loans Eligible for Repayment- Paragraph (1) of section 16301(a) of title 10, United States Code, is amended--
(1) by striking `or' at the end of subparagraph (B)
(2) by striking the period at the end of subparagraph (C) and inserting `; or'; and
(3) by adding at the end the following new subparagraph:
`(D) any loan incurred for educational purposes made by a lender that is--
`(i) an agency or instrumentality of a State;
`(ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State;
`(iii) a pension fund approved by the Secretary for purposes of this section; or
`(iv) a nonprofit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section.'.
(b) Eligibility of Officers- Paragraph (2) of such section is amended--
(1) by striking `Except as provided in paragraph (3), the Secretary' and inserting `The Secretary'; and
(2) by striking `an enlisted member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and military specialty' and inserting `a member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and officer program or military specialty'.
(c) Conforming Amendments- Such section is further amended--
(1) by striking paragraph (3); and
(2) in the heading, by striking `enlisted members of Selected Reserve with critical specialties' and inserting `members of the Selected Reserve'.
(d) Clerical Amendment- The table of sections at the beginning of chapter 1609 of such title is amended by striking the item relating to section 16301 and inserting the following new item:
`16301. Education loan repayment program: members of the Selected Reserve.'.
SEC. 654. ALLOW MEMBER TO WAIVE NOTICE AND PROVIDE COURT ORDER UPON REQUEST.
(a) Allow Member To Waive Notice and Provide Court Order Upon Request- Section 1408(g) of title 10, United States Code, is amended--
(1) by striking `A person' and inserting `Unless notice is waived by the member, a person'; and
(2) by striking `(together with a copy of such order)' and inserting `and, upon request, a copy of such order'.
(b) Effective Date- The amendments made by this section shall apply to court orders received by the Secretary concerned after the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 655. DISREGARD PERIODS OF CONFINEMENT FOR DEPENDENT VICTIMS OF ABUSE.
(a) Disregard Periods of Confinement for Dependent Victims of Abuse- Paragraph (2)(A) of section 1408(h) of title 10, United States Code, is amended by inserting `(including any periods of confinement served prior to convening authority action on the record of trial related to the misconduct that resulted in the termination of eligibility to receive retired pay)' after `on the basis of years of service'.
(b) Effective Date- The amendment made by subsection (a) shall be effective as of October 23, 1992, as if included in section 1408(h) of title 10, United States Code, as enacted by section 653(a)(2) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484).
SEC. 656. CLARIFYING AMENDMENT REGARDING JURISDICTION FOR PURPOSES OF ALLOCATION OF RETIRED PAY UNDER THE UNIFORMED SERVICES FORMER SPOUSE PROTECTION ACT.
Section 1408(c) of title 10, United States Code, is amended by striking paragraph (4).
TITLE VII--HEALTH CARE PROVISIONS
TRICARE Program Improvements
SEC. 701. REVISING TRICARE PROGRAM COST SHARING AMOUNTS.
(a) Authority- Section 1086(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(5) Notwithstanding paragraphs (1) through (4), the Secretary of Defense shall promulgate regulations to revise the requirements for payments by beneficiaries under this subsection in order to reflect increases in health care costs. Such requirements, which may include a revised deductible amount, an enrollment fee, and future indexing, need not be uniform for all such beneficiaries. Any such enrollment fee may be a condition of eligibility for health care benefits under chapter 55 of this title.'.
(b) Implementation- The Secretary of Defense shall promulgate the regulations required by section 1086(b)(5) of title 10, United States Code, as added by subsection (a), after first considering the recommendations of the Task Force on the Future of Military Health Care regarding the beneficiary and Government cost sharing structure required to sustain military health benefits over the long term, as required by subsections (c)(3)(H) and (e)(1) of section 711 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2285). The regulations shall become effective not later than 90 days after the date of enactment of this Act. The Secretary shall submit the regulations, and a report describing the rationale for the changes promulgated, to the Committees on Armed Services of the Senate and House of Representatives at least 30 days before such regulations become effective.
SEC. 702. EXCLUSION OF SURROGACY MATERNITY AND INFANT CARE.
(a) In General- Chapter 55 of title 10, United States Code, is amended by inserting after section 1074k the following new section:
`Sec. 1074l. Exclusion of surrogacy maternity and infant care
`(a) In General- Health care services, including pre-natal care, maternity care, and newborn infant care, arising from a surrogate pregnancy are excluded under this chapter.
`(b) Emergency Health Care Services- Subsection (a) does not preclude the provision of emergency health care services in facilities of the uniformed services on a reimbursable basis.
`(c) Definition- As used in this section, the term `surrogate pregnancy' means a pregnancy in which a fertile woman who is not the wife of the sperm donor agrees, whether or not for a fee, to be impregnated for the purpose of carrying to term a child to be surrendered to the care of the sperm donor and his wife or to any other person or persons.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1074k the following new item:
`1074l. Exclusion of surrogacy maternity and infant care.'.
SEC. 703. SUSPENSION OF HEALTH CARE ELIGIBILITY FOR FRAUD.
(a) In General- Section 1073 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(c) Suspension of Health Care Eligibility for Fraud- In the case of any covered beneficiary who knowingly makes or causes to be made or conspires, aids, or assists in, agrees to, arranges for, or in any way procures the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper (including by electronic means) concerning any claim for benefits for such covered beneficiary or his or her dependent under this chapter, the Secretary may at his option, notwithstanding any other provision of this chapter, limit, restrict, or suspend the eligibility under this chapter of that covered beneficiary for such period, not exceeding five years, as the Secretary deems appropriate. The Secretary shall, after consultation with the other administering Secretaries, establish by regulation procedures, including notice and opportunity for a hearing, for the implementation of this subsection.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect 90 days after enactment of this Act.
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.
Section 167a of title 10, United States Code, is amended--
(1) in subsection (a), by striking `and acquire' and inserting `, acquire and sustain'; and
(2) by striking subsection (f).
SEC. 802. LIMITED AUTHORIZATION TO ACQUIRE ITEMS PRODUCED IN IRAQ OR AFGHANISTAN FOR USE BY IRAQI OR AFGHANI FORCES.
Notwithstanding any other provision of law, the head of the contracting activity in Iraq or Afghanistan may authorize the use of funds appropriated or otherwise made available to the Department of Defense for the procurement of any article or item covered by subparagraphs (B) through (E) of section 2533a(b)(1) of title 10, United States Code, that is grown, reprocessed, reused, or produced outside the United States, provided that:
(1) such procurement is conducted in Iraq or Afghanistan in support of contingency operations;
(2) such article or item is grown, reprocessed, reused, or produced in Iraq or Afghanistan;
(3) such article or item is to be used only by the military forces, police, or other security personnel of the nation of Iraq or Afghanistan; and
(4) offers are requested from as many potential sources as is practicable under the circumstances.
SEC. 803. MINIMUM ANNUAL PURCHASE FOR CIVIL RESERVE AIR FLEET CONTRACTS.
(a) In General- Chapter 931 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 9515. Minimum annual purchase for Civil Reserve Air Fleet contracts
`(a) In General- The Secretary of Defense is authorized to award to air carriers or air carrier teaming arrangements (carriers) participating in the Civil Reserve Air Fleet (CRAF) program annual airlift contracts with a minimum purchase amount determined in accordance with this section.
`(b) Minimum Annual Contract Awards- Such contract minimum purchase amount shall be based on forecast needs but may not be for more than eighty percent of the annual average expenditures of airlift for the prior 5-year period. Unusually high demand years, such as during a conflict, will normally be omitted to obtain a more accurate forecast. Award amounts shall be divided among said carriers proportional to their relative commitments to the CRAF program.
`(c) Distribution of Amounts- Should any of the amounts set aside for the annual minimum airlift purchase not be utilized to purchase actual transportation from a carrier to whom said contract is awarded, such remainder must be transferred to the carrier; however, proportional adjustment shall be made for periods when services from the carrier were unavailable for usage by the Department of Defense, such as refused business, suspended operations, or when the air carrier is placed in non-use status pursuant to section 2640 of this title for safety issues. If the cumulative annual purchases of actual transportation services exceed the minimum annual contract amount for a carrier, no additional amount will be transferred.
`(d) Merger of Funds- Amounts available to the military departments for transportation equal to the proportional share of usage by each military department shall be transferred to the transportation working capital fund to fund the award of said contracts. Each military department shall be entitled to obtain transportation of equal value or transfer that entitlement to other military departments or Department of Defense units. Such transferred value shall be merged with the appropriations of the receiving unit.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`9515. 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.
(a) Fiscal Year 2000 Disposal Authority- Paragraph (5) of section 3402(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 50 U.S.C. 98d note), as amended by section 3302 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3546), is amended by striking `$600,000,000 before' and inserting `$730,000,000 by'.
(b) Fiscal Year 1999 Disposal Authority- Section 3303(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 98d note), as amended by section 3302(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2513), is amended by striking `$1,016,000,000' in paragraph (7) and inserting `$1,469,102,000'.
Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations
SEC. 811. REVITALIZATION OF DEPARTMENT OF DEFENSE LABORATORIES.
(a) Laboratory Revitalization- Section 2805 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection (d):
`(d) Laboratory Revitalization- (1) For the revitalization and recapitalization of laboratories owned by the United States and under the jurisdiction of the Secretary concerned, the Secretary may spend from appropriations available--
`(A) for operation and maintenance amounts necessary to carry out an unspecified minor military construction project costing not more than $2,000,000; or
`(B) for military construction not otherwise authorized by law amounts necessary to carry out an unspecified minor military construction project costing not more than $5,000,000.
`(2) For projects conducted pursuant to this subsection, $2,000,000 shall be the amount applied for purposes of subsection (b)(1).
`(3) For purposes of this subsection, the term `laboratory' includes--
`(A) a research, engineering, and development center;
`(B) a test and evaluation activity; and
`(C) any buildings, structures, or facilities located at and supporting such centers or activities.
`(4) For purposes of this subsection, the amounts allowed to be applied in any one fiscal year to projects at any one laboratory shall be limited in size to the larger of the amounts applicable as set forth in subsection (d)(1).'.
(b) Stylistic Amendments- Such section is further amended--
(1) in subsection (a), by inserting `Military Construction Funding- ' after `(a)';
(2) in subsection (b), by inserting `Notifications- ' after `(b)';
(3) in subsection (c), by inserting `Operation and Maintenance Funding- ' after `(c)'; and
(4) in subsection (e), as redesignated by subsection (a)(1), by inserting `Limitations- ' after `(e)'.
SEC. 812. EXTENSION OF THE AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Section 845(i) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking `September 30, 2008' and inserting `September 30, 2013'.
SEC. 813. MULTIYEAR PROCUREMENT AUTHORITY FOR ELECTRICITY FROM RENEWABLE ENERGY SOURCES.
(a) In General- Section 2410o(a) of title 10, United States Code, is amended--
(1) by striking `and hydrazine-related products' and inserting `hydrazine-related products, and electricity from renewable energy sources which include, but are not limited to solar, wind, biomass, landfill gas, ocean (including tidal, wave, current and thermal), geothermal, municipal solid waste or new hydroelectric generation capacity achieved from increased efficiency at hydroelectric projects'; and
(2) by inserting before the period at the end the following: `or in the best interests of the United States'.
(b) Clerical Amendments- (1) The heading of such section is amended to read as follows:
`Sec. 2410o. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydrazine, hydrazine-related products, and electricity from renewable energy'.
(2) The table of sections at the beginning of chapter 141 of such title is amended by striking the item relating to section 2410o and inserting the following new item:
`2410o. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydrazine, hydrazine-related products, and electricity from renewable energy.'.
SEC. 814. EXEMPTION FOR SPECIAL OPERATIONS COMMAND.
(a) Exemption- Chapter 6 of title 10, United States Code, is amended by inserting after section 167a the following new section:
`Sec. 167b. Exemption for the commander of the United States Special Operations Command
`Pursuant to section 167 of this title, the commander of the special operations command is responsible for, and has the authority to conduct all affairs of, such command relating to special operations activities. The commander of the special operations command may carry out his functions under section 167 without regard to sections 2401, et seq., of this title if the Secretary of Defense makes a determination that carrying out such functions in such manner is required for national security interests.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`167b. Exemption for the commander of the United States 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.
(a)(1) Establishment- There is established in the Department of Defense a Department of Defense Board of Actuaries (hereinafter in this section referred to as the `Board'). The Board shall consist of three members who shall be appointed by the President from among qualified professional actuaries who are members of the Society of Actuaries.
(2)(A) Except as provided in subparagraph (B), the members of the Board shall serve for a term of 15 years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which his predecessor was appointed shall only serve until the end of such term. A member may serve after the end of his term until his successor has taken office. A member of the Board may be removed by the President.
(B) The three current members of the Department of Defense Retirement Board of Actuaries and the Department of Defense Education Benefits Board of Actuaries shall serve the remainder of their existing terms as members of the Board pursuant to subparagraph (A).
(C) A member of the Board who is not otherwise an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay then currently being paid under the General Schedule of subchapter III of chapter 53 of title 5, United States Code, for each day the member is engaged in the performance of duties vested in the Board and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of title 5.
(b) Report- The Board shall report to the Secretary of Defense annually on the actuarial status of the Department of Defense Military Retirement Fund established by section 1461 of title 10, United States Code, and the Department of Defense Education Benefits Fund established by section 2006 of title 10, and shall furnish its advice and opinion on matters referred to it by the Secretary.
(c) Records- The Secretary shall keep, or cause to be kept, such records as necessary for determining the actuarial status of the Funds.
(d) DoD Education Benefits Fund- The Board shall review valuations of the Department of Defense Education Benefits Fund under section 2006(f) of title 10, United States Code, and shall recommend to the President and thereafter to the Congress such changes as in the Board's judgment are appropriate and necessary to protect the public interest and maintain the Department of Defense Education Benefits Fund on a sound actuarial basis.
(e) DoD Military Retirement Fund- The Board shall review valuations of the Department of Defense Military Retirement Fund under section 1465(c) of title 10, United States Code, and shall report periodically, not less than once every four years, to the President and thereafter to the Congress on the status of the Department of Defense Military Retirement Fund. The Board shall include in such report recommendations for such changes as in the Board's judgment are appropriate and necessary to protect the public interest and maintain the Department of Defense Military Retirement Fund on a sound actuarial basis.
(f) Repeal of Superceded Provisions- (1) Section 1464 of title 10, United States Code, is repealed.
(2) Section 2006 of title 10 is amended by striking subsection (e).
(g) Conforming Amendments-
(1) The table of sections at the beginning of chapter 74 of title 10, United States Code, is amended by striking the item relating to section 1464.
(2) Section 1175(h)(4) of such title is amended by striking `Retirement' the first place it appears.
(3) Section 1460(b) of such title is amended by striking `Retirement'.
(4) Section 1466(c)(3) of such title is amended by striking `Retirement'.
(5) Section 12521(6) of such title is amended by striking `Department of Defense Education Benefits Board of Actuaries referred to in section 2006(e)(1) of this title' and inserting `Department of Defense Board of Actuaries'.
SEC. 902. LIMITATION ON MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES PERSONNEL.
Section 130a of title 10, United States Code, is amended--
(1) in subsection (c)(2), by striking `as Major DoD Headquarters Activities in accordance with Department of Defense Directive 5100.73' and all that follows through the period at the end and inserting `in regulations prescribed by the Secretary of Defense.'; and
(2) by adding at the end the following new subsection:
`(e) Flexibility in Order To Achieve Cost Savings or Eliminate Contracts Associated With Inherently Governmental Functions- If the Secretary of a military department or the commander of a combatant command certifies to the Secretary of Defense that a waiver of the limitation in subsection (a) or a reallocation among the military departments or combatant commands of the number of personnel permissible under subsection (a) either shall result in a cost savings or is necessary to eliminate a contract associated with an inherently governmental function (including cost savings or the elimination of a contract resulting from guidelines and procedures prescribed pursuant to section 343 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163)), the Secretary of Defense shall waive such limitation or make such reallocation to the extent necessary to achieve the cost savings or to eliminate the contract.'.
SEC. 903. FLEXIBILITY TO ADJUST THE NUMBER OF ARMY DEPUTY CHIEFS OF STAFF AND ASSISTANT CHIEFS OF STAFF.
Section 3035(b) of title 10, United States Code, is amended to read as follows:
`(b) The Secretary of the Army shall prescribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more than eight positions.'.
Subtitle B--Chemical Demilitarization Program
SEC. 911. CHANGE IN TERMINATION REQUIREMENT FOR CHEMICAL DEMILITARIZATION CITIZENS' ADVISORY COMMISSIONS.
Section 172 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2341) is amended--
(1) in subsections (b), (f), and (g), by striking `Assistant Secretary of the Army (Research, Development, and Acquisition)' and inserting `Assistant Secretary of the Army (Acquisition, Logistics, and Technology)'; and
(2) in subsection (h), by striking `after the stockpile located in that commission's State has been destroyed' and inserting `after closure activities required pursuant to regulations promulgated by the Administrator of the Environmental Protection Agency pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) have been completed for the chemical agent destruction facility in the commission's State, or upon the request of the Governor of the commission's State, whichever occurs first'.
Subtitle C--Intelligence-Related Matters
SEC. 921. REPEAL OF STANDARDS OF MANDATORY DISQUALIFICATION FROM ELIGIBILITY FOR DEPARTMENT OF DEFENSE SECURITY CLEARANCE.
Section 986 of title 10, United States Code, is repealed.
SEC. 922. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.
(a) References to Head of Intelligence Community- Title 10, United States Code, is amended by striking `Director of Central Intelligence' each place it appears in the following provisions and inserting `Director of National Intelligence':
(b) References to Head of Central Intelligence Agency- Such title is further amended by striking `Director of Central Intelligence' each place it appears in the following provisions and inserting `Director of the Central Intelligence Agency':
(c) Other Amendments- Section 201 of such title is further amended--
(1) in subsection (b), by amending paragraph (1) to read as follows:
`(1) In the event of a vacancy in a position referred to in paragraph (2), before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy, the Secretary of Defense shall obtain the concurrence of the Director of National Intelligence as provided in section 106(b) of the National Security Act of 1947 (50 U.S.C. 403-6(b)).'; and
(2) in subsection (c), by striking `National Foreign Intelligence Program' and inserting `National Intelligence Program'.
SEC. 923. PROTECTION OF INFORMATION REGARDING WEAPONS OF MASS DESTRUCTION.
(a) Prohibition From Disclosure Under Freedom of Information Act- Information in the possession of the Department of Defense concerning weapons of mass destruction, as defined in subsection (d) of this section, shall not be disclosed under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act (FOIA)) for the period of time the sensitivity of the information can be reasonably confirmed. Any information controlled under the Atomic Energy Act of 1954, as amended, is exempt from the provisions of this Act. This exemption shall be implemented in a manner so as to not unduly restrict the public's current level of access to environmental impact statements, records concerning healthcare activities, or other information essential to inform official decision-making concerning the health and safety of the public.
(b) Requirement for Safeguarding- The Department of Defense shall safeguard information concerning weapons of mass destruction commensurate with the sensitivity of the information concerned and shall take all reasonable actions to ensure parties outside the Federal government with whom the Department shares such information safeguard it in the same manner.
(c) Application of State or Local Disclosure Laws- Information subject to this section that the Department has provided to state and local authorities shall not be made available pursuant to any state or local law requiring disclosure of information or records.
(d) Definitions- In this section:
(1) The term `weapon of mass destruction' has the same meaning as given in the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302).
(2) The term `information concerning weapons of mass destruction' means information that--
(A) would assist in developing, producing, or using weapons of mass destruction or in evading the detection or the monitoring of the development, production, use, or presence of weapons of mass destruction; or
(B) would disclose a vulnerability to the effects of a weapon of mass destruction; and
(C) has been determined to be currently sensitive by an official designated as an Initial Denial Authority for the Department of Defense component concerned pursuant to Department of Defense Directive 5400.7-R, `DoD Freedom of Information Act Program', September 1998, or successor directive.
Examples of such information could include information that remains current and sensitive, such as but not limited to, formulas and design descriptions of lethal and incapacitating materials; maps, designs, security/emergency response plans, and vulnerability assessments for facilities containing weapons of mass destruction materials; studies of the effects and possible methods of weaponization of weapons of mass destruction materials; design details, capabilities, and application of detection, surveillance, countermeasures, and measurement equipment or plans; United States Government evaluations of response plans of state and local governments; and evaluation of weapons of mass destruction dispersal systems or methods.
(e) Reporting- Ninety days following the one-year anniversary of the effective date of this section, the Department of Defense will provide to the Department of Justice and the Office of Management and Budget a report detailing the number of FOIA requests received for information covered under this section, a description of the information requested, and specific actions taken as a result of the request.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. SHORT-TERM INVESTMENT OF BURDEN SHARING CONTRIBUTIONS FROM REPUBLIC OF KOREA.
Section 2350j(b) of title 10, United States Code, is amended--
(1) by striking `Contributions' and inserting `(1) Contributions'; and
(2) by inserting at the end the following new paragraph:
`(2) The Secretary of Defense may authorize the deposit of contributions accepted under subsection (a) from the Republic of Korea in Korean Won into an account that is interest bearing if the contributions are invested in treasury obligations of the Republic of Korea of not more than six months maturity. Interest received on such accounts shall be treated the same as the contributions on which the interest was earned and shall be available for the same purpose as those contributions.'.
SEC. 1002. INCREASE LIMITATION ON ADVANCE BILLING OF WORKING CAPITAL FUND CUSTOMERS.
Section 2208(l)(3) of title 10, United States Code, is amended by striking `$1,000,000,000' and inserting `$2,000,000,000'.
Subtitle B--Policy Relating to Vessels and Shipyards
SEC. 1011. TEMPORARY WAIVER OF THE MINIMUM AIRCRAFT CARRIER REQUIREMENT.
Section 5062(b) of title 10, United States Code, is amended by inserting after the first sentence the following new sentence: `Notwithstanding the preceding sentence or any other provision of law, the naval combat forces of the Navy may include less than 11 operational aircraft carriers for the period of time between the decommissioning of the USS ENTERPRISE (CVN 65) and the commissioning of the CVN 78.'.
Subtitle C--Counter-Drug Activities
SEC. 1021. USE OF FUNDS FOR COUNTER-DRUG AND COUNTER-TERRORISM.
Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1594), as amended by section 1022 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3427), is further amended by striking `fiscal years 2006 and 2007' and inserting `fiscal year 2008'.
Subtitle D--Matters Related to Homeland Security
SEC. 1031. SUPPORT TO NATIONAL SPECIAL SECURITY EVENTS AND OTHER CRITICAL NATIONAL SECURITY ACTIVITIES.
(a) In General- Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section:
`Sec. 116. Defense support of civil authorities
`(a) In General- At the request of a Federal department or agency head, and when authorized by the Secretary of Defense, the Governor of a State may employ under this title units or members of the National Guard of that State to provide defense support of civil authorities to the requesting Federal department or agency, as specified in subsection (c). Subject to the exceptions in subsections (d), the costs incurred by the National Guard shall be reimbursed to the Department of Defense from the appropriations available to the Federal department or agency to which the support was provided. This reimbursement will include the costs of--
`(1) the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard of that State;
`(2) the operation and maintenance of the equipment and facilities of the National Guard of that State; and
`(3) the procurement of services and equipment, and the leasing of equipment, for the National Guard of that State.
`(b) Crediting of Receipts- Any funds received by the Department of Defense as reimbursement for support provided by units or members of the National Guard under this section shall be credited, at the option of the Secretary of Defense, to:
`(1) the appropriation, fund, or account to fund the support; or
`(2) the appropriate appropriation, fund, or account currently available for such purpose.
`(c) Activities Included- Defense support of civil authorities activities authorized by subsection (a) include support provided for National Special Security Events and other activities determined by the Secretary of Defense as being critical to national security such as:
`(1) Ground reconnaissance activities;
`(2) Airborne reconnaissance activities;
`(4) Emergency medical assistance and services;
`(5) Communications services;
`(6) Security assistance and services; and
`(7) Air and ground transportation.
`(d) Waiver of Reimbursement- A Federal department or agency to which support is provided under this chapter is not required to reimburse the Department of Defense for such support if the Secretary of Defense waives reimbursement. The Secretary of Defense may waive the reimbursement requirement under this section if--
`(1) the support is provided in the normal course of military training or operations; or
`(2) the support provided results in a benefit to units or members of the National Guard providing the support that is substantially equivalent to that which would otherwise be obtained from military operations or training.
`(e) Requirements for Requests- Requests for assistance from Federal departments or agencies under this section shall be submitted to the Secretary of Defense. Any such request shall include the following:
`(1) The specific support capability requested.
`(2) The duration of the requested support activities.
`(3) A certification that the requested support activities will be fully reimbursable.
`(4) A certification from the Governor of the involved State(s) that the requested support will be provided at a time when the personnel involved are not in Federal service.
`(f) Characterization of Service- All duty performed under this section shall be considered to be full-time National Guard duty under section 502(f) of this title.
`(g) Duration- The period for which support may be provided to a Federal department or agency under this section shall be limited to 180 days. When requested by the head of a Federal department or agency, the Secretary of Defense may, with the concurrence of the Governor of the State, extend the period of time for an additional 90 days to meet extraordinary circumstances.
`(h) Training and Benefits- A member of the National Guard performing duty under this section shall, in addition to performing such duty, participate in the training required under section 502(a) of this title. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing the duty under this chapter. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title.
`(i) Training Limitations- To ensure that the use of units and personnel of the National Guard of a State for activities specified in subsections (a) and (b) of this section does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the activities that units and personnel of the National Guard of a State may perform:
`(1) The performance of the activities is not to affect adversely the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit.
`(2) The performance of the activities is not to degrade the military skills of the members of the National Guard performing those activities.
`(j) Support Excluded- Defense support of civil authorities activities conducted under authority of this section may not be provided if the provision of such support will affect adversely the military preparedness of the United States.
`(k) Relationship to Other Authorities- Nothing in this chapter shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform functions authorized to be performed by the National Guard by the laws of the State concerned.
`(l) Definitions- For purposes of this section:
`(1) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam or the Virgin Islands.
`(2) The term `National Special Security Event' means an event designated as such as authorized by the President that, by virtue of its political, economic, social, or religious significance, may be the target of terrorism or other criminal activity.'.
(b) Clerical and Conforming Amendments-
(1) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`116. Defense support of civil authorities.'.
(2) Section 115 of title 10, United States Code, is amended--
(A) by redesignating subsection (i) (the second place it appears) as subsection (j); and
(B) in subsection (j), as redesignated, by inserting `or defense support of civil authorities under section 116' after `chapter 9'.
Subtitle E--Other Matters
SEC. 1041. PROTECTION OF DEPARTMENT OF DEFENSE PERSONS DESIGNATED BY THE SECRETARY OF DEFENSE.
Section 2674(b)(1) of title 10, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by inserting after the first sentence the following new sentence: `In addition, the Secretary may authorize such law enforcement and security personnel to provide for the physical security and protection of Department of Defense personnel and others entitled to federal protection from assault and other crimes of violence under federal statutes, within or outside the United States, when threat conditions cause the Secretary to determine that such protection is necessary for reasons of national security.';
(2) in subparagraph (A), by striking `status; and' and inserting `status within or outside the United States;';
(3) by striking the period at the end of subparagraph (B) and inserting `; and'; and
(4) by adding at the end the following new subparagraphs:
`(C) may, when providing for the physical security and protection of persons under this section, make arrests without a warrant for violations of the United States Code committed in their presence to the extent otherwise authorized by law.
`(D) Nothing in paragraph (1) shall be construed to preclude or limit, in any way, the implied or inherent powers of the Secretary of Defense, the duties and authorities of the United States Department of State, United States Secret Service or any other Federal law enforcement agency.
`(E) The powers granted to law enforcement and security personnel under paragraph (1), who provide for the physical security and protection of Department of Defense personnel entitled to federal protection from assault and other crimes of violence under federal statutes, shall be exercised only in accordance with guidelines approved by the Secretary and the Attorney General; said powers shall be exercised with the concurrence of the Department of State to the extent they are exercised outside the United States.'.
SEC. 1042. CANCELLATION OF USE OF AIRCRAFT FOR PROFICIENCY FLYING: LIMITATION.
(a) In General- Section 2245 of title 10, United States Code, is repealed.
(b) Clerical Amendment- The table of sections at the beginning of subchapter 1 of chapter 134 of such title is amended by striking the item relating to section 2245.
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2007.
SEC. 1043. PROMPT CONVERSION OF ARMY FORCES IN HAWAII.
(a) Finding- The Congress finds that the conversion in Hawaii of the 2nd Brigade of the 25th Infantry Division to a Stryker Brigade Combat Team is necessary to the national defense, supports U.S. foreign policy, and conforms to prior direction of Congress with regard to the reorganization of the Army into a more effective fighting force.
(b) Conversion- The Secretary of the Army shall convert the 2nd Brigade of the 25th Infantry Division to a Stryker Brigade Combat Team, at its current location, and such conversion shall proceed to completion notwithstanding any other provision of law.
SEC. 1044. EXPAND COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF CULTURAL RESOURCES TO INCLUDE OFF-INSTALLATION MITIGATION.
(a) Expanded Authority- Section 2684(a) of title 10, United States Code, is amended to read as follows:
`(a) Authority- (1) The Secretary of Defense or the secretary of a military department may enter into a cooperative agreement with a State, local or tribal government or other entity--
`(A) for the preservation, management, maintenance, and improvement of cultural resources; and
`(B) for the conduct of research regarding cultural resources.
`(2) Such cultural resources must be located--
`(A) on a military installation; or
`(B) off a military installation, but only if the cooperative agreement directly relieves or eliminates current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on the installation.
`(3) Activities under the cooperative agreement shall be subject to the availability of funds to carry out the cooperative agreement.'.
(b) Expanded Definition- Subsection (c) of such section is amended by adding at the end the following new paragraph:
`(5) An Indian sacred site, as that term is defined in section 1(b)(iii) of Executive Order 13007.'.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. INCREASE IN AUTHORIZED NUMBER OF DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE EMPLOYEES.
Section 1606(a) of title 10, United States Code, is amended by striking `594' and inserting `644 in fiscal year 2008 and 694 in fiscal year 2009'.
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.
(a) In General- (1) Section 9626 of title 10, United States Code, is amended to read as follows:
`Sec. 9626. Aircraft supplies and services: foreign military or other foreign state aircraft
`(a) Authority- The Secretary of the Air Force, under such regulations as he may prescribe, may provide any of the following supplies or services, when in the best interests of the United States, on a reimbursable basis without an advance of funds if similar supplies and services are furnished on a like basis to military aircraft and other state aircraft of the United States by the foreign country concerned:
`(1) Routine airport services, including landing and takeoff assistance, servicing aircraft with fuel, use of runways, parking and servicing, baggage and cargo loading and unloading, to military and other state aircraft of foreign countries.
`(2) Miscellaneous supplies, including Air Force-owned fuel, provisions, spare parts, and general stores, but not including ammunition, to military and other state aircraft of foreign countries.
`(b) Routine Airport Services- (1) Routine airport services may be furnished under this section at no cost to the foreign country concerned where such services are provided by United States Air Force personnel and equipment without direct cost to the Air Force.
`(2) When furnishing routine airport services under this section to military or other state aircraft of a foreign country, the Secretary may furnish such services without reimbursement if such services are provided under an agreement that provides for the reciprocal furnishing by such country of routine airport services to military and other state aircraft of the United States without reimbursement.
`(3) If routine airport services are furnished under this section by a working-capital fund activity of the Air Force established under section 2208 of this title and such activity is not reimbursed directly for the costs incurred by the activity in furnishing those services by reason of paragraph (2), the working-capital fund activity shall be reimbursed for such costs out of operating funds currently available to the Air Force.'.
(2) The table of sections at the beginning of chapter 939 of such title is amended by striking the item relating to section 9626 and inserting the following new item:
`9626. Aircraft supplies and services: foreign military or other foreign state aircraft.'.
(b) Conforming Amendment- Section 9629(3) of such title is amended by striking `of a foreign military or air attache'.
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.
(a) Joint Committee for the Review of Counterproliferation Programs of the United States- Section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (title XVI of Public Law 103-160; 22 U.S.C. 2751 note) is repealed.
(b) Reports on Counterproliferation Activities and Programs- Section 1503 of the National Defense Authorization Act for Fiscal Year 1995 (title XV of Public Law 103-337; 22 U.S.C. 2751 note) is repealed.
Subtitle C--Other Matters
SEC. 1221. AMENDMENT TO THE COMPOSITION OF THE BOARD OF VISITORS OF THE WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.
Section 2166(e)(1)(F) of title 10, United States Code, is amended to read as follows:
`(F) The commanders of the combatant commands having geographic responsibilities for the Western Hemisphere, or designees of those officers.'.
TITLE XIII--MATTERS RELATED TO DEFENSE AGAINST TERRORISM AND RELATED SECURITY MATTERS
SEC. 1301. RATIONALIZING REWARDS FOR ASSISTANCE IN COMBATING TERRORISM.
Section 127b of title 10, United States Code, is amended--
(1) in subsection (b), by striking `$200,000' and inserting `$5,000,000';
(2) in subsection (c)(1)(B), by striking `$50,000' and inserting `$1,000,000'; and
(3) in subsection (d)(2), by striking `$100,000' and inserting `$2,000,000'.
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.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Army as follows:
(1) For aircraft, $1,900,306,000.
(2) For missiles, $492,734,000.
(3) For weapons and tracked combat vehicles, $4,780,172,000.
(4) For ammunition, $313,000,000.
(5) For other procurement, $13,630,977,000.
SEC. 1402. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Navy as follows:
(1) For aircraft, $3,099,958,000.
(2) For weapons, including missiles and torpedoes, $251,281,000.
(3) For other procurement, $793,311,000.
(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Marine Corps in the amount of $2,462,140,000.
(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement of ammunition for the Navy and Marine Corps in the amount of $590,090,000.
SEC. 1403. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Air Force as follows:
(1) For aircraft, $3,336,809,000.
(2) For ammunition, $74,005,000.
(3) For missiles, $1,800,000.
(4) For other procurement, $3,760,206,000.
SEC. 1404. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008 for Defense-wide procurement in the amount of $469,768,000.
SEC. 1405. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Joint Improvised Explosive Device Defeat Fund in the amount of $4,000,000,000.
SEC. 1406. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test, and evaluation, as follows:
(1) For the Army, $141,653,000.
(2) For the Navy, $618,428,000.
(3) For the Air Force, $1,369,781,000.
(4) For Defense-wide activities, $727,498,000.
SEC. 1407. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense, for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $46,230,964,000.
(2) For the Navy, $5,426,407,000.
(3) For the Marine Corps, $4,013,093,000.
(4) For the Air Force, $10,536,330,000.
(5) For the Defense-wide activities, $6,098,990,000.
(6) For the Army Reserve, $158,410,000.
(7) For the Navy Reserve, $69,598,000.
(8) For the Marine Corps Reserve, $68,000,000
(9) For the Army National Guard, $466,150,000.
(10) For the Air National Guard, $31,168,000.
SEC. 1408. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $1,676,275,000.
(2) For the National Defense Sealift Fund, $5,110,000.
SEC. 1409. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $1,022,842,000 is for Operation and Maintenance.
(b) Drug Interdiction and Counter-Drug Activities, Defense-Wide- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $257,618,000.
(c) Defense Inspector General- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $4,394,000, is for Operation and Maintenance.
SEC. 1410. IRAQ FREEDOM FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Iraq Freedom Fund in the amount of $107,500,000.
SEC. 1411. AFGHANISTAN SECURITY FORCES FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Afghanistan Security Forces Fund in the amount of $2,700,000,000.
SEC. 1412. IRAQ SECURITY FORCES FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Iraq Security Forces Fund in the amount of $2,000,000,000.
SEC. 1413. ADDITIONAL END STRENGTHS FOR ACTIVE FORCES.
In addition to the end strengths authorized in section 401 of this Act, the Armed Forces are authorized additional strengths for active duty personnel as of September 30, 2008, as follows:
(2) The Marine Corps, 9,000.
SEC. 1414. MILITARY PERSONNEL.
This section would authorize an additional $17,070,263,000 for military personnel.
SEC. 1415. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 1415(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts set forth in the following table:
Army: Outside the United States
-------------------------------------------------
Country Installation or Location Amount
-------------------------------------------------
Afghanistan Bagram Air Base 103,000,000
Iraq Camp Adder 80,650,000
Al Asad 86,100,000
Camp Anaconda 88,200,000
Fallujah 880,000
Camp Marez 880,000
Mosul 43,000,000
Q-West 26,000,000
Camp Ramadi 880,000
Scania 5,000,000
Camp Speicher 103,700,000
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
-------------------------------------------------
SEC. 1416. MILITARY CONSTRUCTION AUTHORIZATION OF APPROPRIATIONS, ARMY.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $738,850,000 as follows:
(1) For military construction projects outside the United States authorized by section 607(a), $719,450,000.
(2) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $19,400,000.
SEC. 1417. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 1417(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts set forth 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
----------------------------------------------------
SEC. 1418. MILITARY CONSTRUCTION AUTHORIZATION OF APPROPRIATIONS, NAVY.
Subject to section 2825 of title 10, United States Code, funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $169,071,000, as follows:
(1) For military construction projects inside the United States authorized by section 2201(a), $149,814,000.
(2) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $7,491,000.
(3) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $11,766,000.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the `Military Construction Authorization Act for Fiscal Year 2008'.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following 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
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
--------------------------------------------------------------
(b) Outside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following 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
---------------------------------------------------
(c) Unspecified Worldwide- Using the amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(3), the Secretary of the Army may acquire real property and carry out military construction projects for unspecified installations or locations in 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
--------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in 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
-------------------------------------------------------
(b) Planning and Design- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $2,000,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $365,400,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $5,201,517,000 as follows:
(1) For military construction projects inside the United States authorized by section 2101(a), $1,395,250,000.
(2) For military construction projects outside the United States authorized by section 2101(b), $381,950,000.
(3) For military construction projects at unspecified worldwide locations authorized by section 2101(c), $1,608,129,000.
(4) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $23,000,000.
(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $481,468,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $419,400,000.
(B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $742,920,000.
(7) For the construction of increment 3 of a barracks complex at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3485), $47,400,000.
(8) For the construction of increment 2 of a barracks complex at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2445), $102,000,000.
(b) Limitation on Total Cost of Construction Projects- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, or any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a).
(2) $204,000,000 (the balance of the amount authorized under section 2101(a) for construction of a brigade complex for Fort Lewis, Washington).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2006 PROJECTS.
(a) Modification- The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3485) is amended in the item relating to Fort Bragg, North Carolina, by striking `$301,250,000' in the amount column and inserting `$308,250,000'.
(b) Conforming Amendments- Section 2104(b)(5) of that Act (119 Stat. 3488) is amended by striking `$77,400,000' and inserting `$84,400,000'.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following 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
----------------------------------------------------------------------------------------------
(b) Outside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following 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
--------------------------------------------------------------
(c) Unspecified Worldwide- Using the amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(3), the Secretary of the Navy may acquire real property and carry out military construction projects for unspecified installations or locations in the 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
-------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in 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
---------------------------------------------------------------
(b) Planning and Design- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,172,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $237,990,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,774,009,000, as follows:
(1) For military construction projects inside the United States authorized by section 2201(a), $1,093,012,000.
(2) For military construction projects outside the United States authorized by section 2201(b), $343,858,000.
(3) For military construction projects at unspecified worldwide locations authorized by section 2201(c), $372,720,000.
(4) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $10,000,000.
(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $110,167,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $298,329,000.
(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $371,404,000.
(7) For the construction of increment 2 of the National Maritime Intelligence Center, Suitland, Maryland, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2448), $52,069,000.
(8) For the construction of increment 3 of recruit training barracks infrastructure upgrade at Recruit Training Command, Great Lakes, Illinois, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3490), $16,650,000.
(9) For the construction of the next increment of wharf upgrades at Yokosuka, Japan, authorized by section 2201(b) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3490), $8,750,000.
(10) For the construction of increment 2 of the Bachelor Enlisted Quarters Homeport Ashore Program at Bremerton, Washington, authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3490), $47,240,000.
(11) For the construction of the next increment of the outlaying landing field facilities at Washington County, North Carolina, authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $10,060,000.
(12) For the construction of increment 4 of the limited area production and storage complex at Naval Submarine Base, Kitsap, Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106), $39,750,000.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
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
------------------------------------------------------------------
(b) Outside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following 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
---------------------------------------------------------------
(c) Unspecified Worldwide- Using the amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(3), the Secretary of the Air Force may acquire real property and carry out military construction projects for unspecified installations or locations in 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
-----------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations, in the number of units, and in the amounts 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
-------------------------------------------------------
(b) Planning and Design- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $12,210,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $294,262,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,963,191,000, as follows:
(1) For military construction projects inside the United States authorized by section 2301(a), $629,473,000.
(2) For military construction projects outside the United States authorized by section 2301(b), $140,609,000.
(3) For the military construction projects at unspecified worldwide locations authorized by section 2301(c), $15,440,000.
(4) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $15,000,000.
(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $51,587,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $362,747,000.
(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $688,335,000.
(7) For the construction of phase 3 of the main base runway at Edwards Air Force Base, California, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3494), $35,000,000.
(8) For the construction of phase 3 of the CENTCOM Joint Intelligence Center at MacDill Air Force Base, Florida, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3494), $25,000,000.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2006 PROJECTS.
The table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3494), as amended by section 2305(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2456), is further amended by striking `$101,500,000' in the amount column and inserting `$126,500,000'.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------------------------------------
Agency Installation or Location Amount
------------------------------------------------------------------------------------------------------
Defense Education Activity 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
991,583,000
------------------------------------------------------------------------------------------------------
(b) Outside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
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
----------------------------------------------------------------------
(c) Unspecified Worldwide- Using the amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(3), the Secretary of Defense may acquire real property and carry out military construction projects for unspecified installations or locations in the 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
----------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $70,000,000.
SEC. 2403. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(9), the Secretary of Defense may carry out base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the amount of $10,703,059,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $10,243,688,000, as follows:
(1) For military construction projects inside the United States authorized by section 2401(a), $977,483,000.
(2) For military construction projects outside the United States authorized by section 2401(b), $133,809,000.
(3) For the military construction projects at unspecified worldwide locations authorized by section 2301(c), $1,887,000.
(4) For unspecified minor military construction projects under section 2805 of title 10, United States Code, $23,711,000.
(5) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000.
(6) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $154,728,000.
(7) For Energy Conservation projects authorized by section 2402 of this Act, $70,000,000.
(8) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, $220,689,000.
(9) For base closure and realignment activities authorized by section 2403 of this Act and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), $8,174,315,000.
(10) For military family housing functions:
(A) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $48,848,000.
(B) For credit to the Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of title 10, United States Code, $500,000.
(11) For the construction of increment 3 of the NSA/CSS Hawaii replacement at Kunia, Hawaii, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3497), as amended by section 7017 of the Emergency Supplemental Appropriation Act for Defense, Global War on Terrorism and Hurricane Relief (Public Law 109-234; 120 Stat. 485), $136,318,000.
(12) For the construction of increment 3 of the NSA/CSS replacement at Augusta, Georgia, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3497), as amended by section 7016 of the Emergency Supplemental Appropriation Act for Defense, Global War on Terrorism and Hurricane Relief (Public Law 109-234; 120 Stat. 485), $100,000,000.
(13) For the construction of increment 2 of the clinic replacement at MacDill Air Force Base, Florida, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2457), $41,400,000.
(14) For the construction of increment 2 of the USAMRIID Stage 1 at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2457), $150,000,000.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $201,400,000.
TITLE XXVI--CHEMICAL DEMILITARIZATION PROGRAM
SEC. 2601. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction and land acquisition for Chemical Demilitarization in the total amount of $86,176,000, as follows:
(1) For the construction of phase 9 of a munitions demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 839), and section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2699), $35,159,000.
(2) For the construction of phase 8 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1298), and section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), $51,017,000.
TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES
SEC. 2701. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for the costs of acquisition, architectural and engineering services, and construction of facilities for the reserve components, and for contributions therefore, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States, $404,291,000; and
(B) for the Army Reserve, $119,684,000.
(2) For the Department of the Navy, for the Navy Reserve and Marine Corps Reserve, $59,150,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States, $85,517,000; and
(B) for the Air Force Reserve, $26,559,000.
TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2801. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years- Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefore) shall expire on the later of--
(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011.
(b) Exception- Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefore), for which appropriated funds have been obligated before the later of--
(2) the date of the enactment of an Act authorizing funds for fiscal year 2011 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
SEC. 2802. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005 PROJECTS.
(a) Extension- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2100), authorizations set forth in the tables in subsection (b), as provided in sections 2101, 2302, 2401, and 2701 of that Act, shall remain in effect until October 1, 2008, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2009, whichever is later.
(b) Tables- The tables referred to in subsection (a) 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
--------------------------------------------------------------------------------------------------------------
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
-------------------------------------------------------------------------------
SEC. 2803. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004 PROJECTS.
(a) Extension- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1716), authorizations set forth in the tables in subsection (b), as provided in sections 2302 and 2701 of that Act, shall remain in effect until October 1, 2008, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2009, whichever is later.
(b) Tables- The tables referred to in subsection (a) 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
----------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------
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.
Section 2883(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following new subparagraph:
`(G) Subject to subsection (f), any amounts that the Secretary of Defense transfers to that Fund from amounts in the Department of Defense Base Closure Account 2005.'; and
(2) in paragraph (2), by adding at the end the following new subparagraph:
`(G) Subject to subsection (f), any amounts that the Secretary of Defense transfers to that Fund from amounts in the Department of Defense Base Closure Account 2005.'.
SEC. 2902. INCREASED THRESHOLD FOR CONGRESSIONAL NOTIFICATION OF LEASES FOR MILITARY FAMILY HOUSING FACILITIES IN A FOREIGN COUNTRY.
Section 2828(f) of title 10, United States Code, is amended by striking `$500,000' and inserting `$1,000,000'.
SEC. 2903. UPDATING FOREIGN CURRENCY FLUCTUATION ADJUSTMENT FOR CERTAIN MILITARY FAMILY HOUSING LEASES IN KOREA.
Section 2828(e)(5)(A) of title 10, United States Code, is amended to read as follows:
`(i) foreign currency fluctuations from October 1, 1987, in the case of maximum lease amounts provided for under paragraphs (1), (2), and (3); or
`(ii) foreign currency appreciation during the previous fiscal year, starting from October 1, 2002, in the case of the maximum lease amount provided for under paragraph (4); and'.
SEC. 2904. FLEXIBILITY IN DETERMINING DOMESTIC FAMILY HOUSING LEASE MAXIMUMS.
Section 2828(b) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking `paragraphs (3) and (4)' and inserting `paragraphs (3), (4), and (7)'; and
(2) by adding at the end the following new paragraph:
`(7) The Secretary of the Army may lease not more than 600 of the 10,000 family housing units provided in paragraph (1) at an amount not greater than 33 percent above the maximum lease amount under paragraph (3), as adjusted under paragraph (5) for the fiscal year in which a unit is leased under this paragraph. The maximum lease amount provided in this paragraph shall apply only to Army family housing in areas designated by the Secretary of the Army and for leases not to exceed a term of 2 years.'.
SEC. 2905. EXTENSION OF AUTHORITY TO ACCEPT EQUALIZATION PAYMENTS FOR FACILITY EXCHANGES.
Paragraph (5) of section 2809(c) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2126) is amended by striking `September 30, 2007' and inserting `September 30, 2010'.
SEC. 2906. FLEXIBLE FINANCING OF MILITARY HOUSING PRIVATIZATION INITIATIVE.
Section 2883 of title 10, United States Code, is amended--
(A) in paragraph (1)(D)--
(i) by striking `interest on loans made under section 2873 of this title,';
(ii) by striking `and any' and inserting `any'; and
(iii) by inserting before the period at the end the following: `, and excluding amounts from any transactions pursuant to loans made under section 2873 of this title'; and
(B) in paragraph (2)(D)--
(i) by striking `interest on loans made under section 2873 of this title,';
(ii) by striking `and any' and inserting `any'; and
(iii) by inserting before the period at the end the following: `, and excluding amounts from any transactions pursuant to loans made under section 2873 of this title'; and
(2) by adding at the end of subsection (d) the following new paragraph:
`(4) Notwithstanding paragraphs (1) and (2), the Secretary of Defense may use amounts credited to the Funds under paragraphs (1)(C), (1)(D), (2)(C), and (2)(D) in subsection (c) without appropriation. The Secretary may use such funds only after--
`(A) the end of the 30-day period beginning on the date the Secretary submits written notice of, and justification for, the use of such amounts to the appropriate committees of Congress; or
`(B) if earlier, the end of the 14-day period beginning on the date on which a copy of the notice and justification is provided in an electronic medium pursuant to section 480 of this title.'.
Subtitle B--Real Property and Facilities Administration
SEC. 2911. CONSOLIDATION OF REAL PROPERTY PROVISIONS WITHOUT SUBSTANTIVE CHANGE.
(a) Consolidation- Section 2663 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(h) Options for Military Construction Projects- (1) The Secretary of a military department may acquire an option on a parcel of real property before or after its acquisition is authorized by law, if he considers it suitable and likely to be needed for a military project of his department.
`(2) As consideration for an option acquired under paragraph (1), the Secretary may pay, from funds available to his department for real property activities, an amount that is not more than 12 percent of the appraised fair market value of the property.'.
(b) Conforming Amendments- (1) Section 2677 of such title is repealed.
(2) The table of sections at the beginning of chapter 159 of such title is amended by striking the item relating to section 2677.
SEC. 2912. TRANSFER OF THE AIR FORCE MEMORIAL TO THE DEPARTMENT OF THE AIR FORCE.
(a) Transfer of Jurisdiction- Notwithstanding any other provision of section 2863 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1330), and section 2881 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 879), administrative jurisdiction, custody, and control of the parcel of land described in section 2863(b)(1) of the National Defense Authorization Act for Fiscal Year 2002 is hereby transferred to the Secretary of the Air Force.
(b) Access and Management of the Air Force Memorial- In addition to existing authorities, the Secretary of the Air Force may enter into a cooperative agreement with the Air Force Memorial Foundation or other appropriate private organizations to provide management, maintenance and repair of the Air Force Memorial and surrounding site and to guarantee public access to the memorial.
SEC. 2913. EXPANSION OF AUTHORITY TO EXCHANGE RESERVE COMPONENT FACILITIES.
Section 18240(a) of title 10, United States Code is amended by striking `with a State' in the first sentence and inserting `with an executive agency as that term is defined in section 105 of title 5, the United States Postal Service, a State'.
Subtitle C--Land Conveyances
SEC. 2921. LAND TRANSFER OF ARLINGTON NAVAL ANNEX TO ARLINGTON NATIONAL CEMETERY.
Section 2881(h) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 879), is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs:
`(2) the date when the Arlington Naval Annex property is no longer required (as determined by the Secretary of Defense) for use as temporary office space; or
`(3) twelve months after the date the Secretary of the Army notifies the Secretary of Defense that the Arlington Naval Annex property is needed for the expansion of Arlington National Cemetery.'.
Subtitle D--Other Matters
SEC. 2931. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.
(a) In General- Chapter 169 of title 10, United States Code, is amended by inserting after section 2809 the following new section:
`Sec. 2810. Authority to use operation and maintenance funds for construction projects outside the United States
`(a) In General- The Secretary of Defense may obligate appropriated funds available for operation and maintenance to carry out a construction project outside the United States that the Secretary determines meets each of the following conditions:
`(1) The construction is necessary to meet urgent military operational requirements involving the use of the armed forces in support of a declaration of war, the declaration by the President of a national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1621), or a contingency operation.
`(2) The requirement is of a temporary nature, such that there is no intention of using the construction after the operational requirements have been satisfied.
`(3) The level of construction is the minimum necessary to meet the temporary operational requirements.
`(b) Limitation on Use of Authority- (1) The total cost of the construction projects carried out under this section shall not exceed $200,000,000 in any fiscal year.
`(2) The Secretary of Defense may waive the limitation imposed by paragraph (1) if the Secretary determines that the obligation of operation and maintenance funds for construction projects in excess of the amount specified in such paragraph is vital to the national security.
`(3) Upon use of the waiver authority granted by paragraph (2), the Secretary shall notify the Office of Management and Budget of the amounts of operation and maintenance funds obligated in excess of $200,000,000 along with a description of the projects so funded.
`(c) Relation to Other Authorities- The authority provided by this section, and the limited authority provided by section 2805(c) of this title, are the only authorities available to the Secretary of Defense and the Secretaries of the military departments to use appropriated funds available for operation and maintenance to carry out construction projects.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2809 the following new item:
`2810. 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.
Section 2805 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking `$1,500,000' and inserting `$3,000,000'; and
(B) by striking `$3,000,000' in the last sentence and inserting `$7,000,000';
(2) in subsection (b)(1), by striking `$750,000' and inserting `$1,500,000'; and
(3) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) by striking `$1,500,000' and inserting `$3,000,000'; and
(ii) by striking `or' at the end;
(B) in subparagraph (B)--
(i) by striking `$750,000' and inserting `$1,500,000'; and
(ii) by striking the period at the end and inserting `; or' and
(C) by adding at the end the following new subparagraph:
`(C) $2,000,000, in cases where the disposal of obsolete facilities as part of the project results in a reduction in facility footprint at least equal to the footprint of the new facility. The approving official must certify the demolition (or disposal by other means) of the offsetting facility.'.
END