[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2507 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2507
To authorize appropriations for fiscal year 2007 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2007, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 4, 2006
Mr. Warner (for himself and Mr. Levin) (by request) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2007 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2007, 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 2007''.
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. 1. Short title.
Sec. 2. Table of contents.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Multi-Year Contract Authorizations
Sec. 111. Multi-year procurement authority for the Army.
Sec. 112. Multi-year procurement authority for the Navy.
Sec. 113. Multi-year procurement authority for the Air Force.
Subtitle C--Navy Programs
Sec. 121. Adjustment to total cost limitation for CVN 77 procurement.
Sec. 122. Construction of the first two next generation destroyers.
Sec. 123. Transfer of funds for submarine engineered refueling
overhauls and conversions or aircraft
carrier refueling complex overhauls.
Sec. 124. Deletion of requirement for 12 operational aircraft carriers.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Missile Defense Programs
Sec. 211. Fielding of ballistic missile defense capabilities.
Sec. 212. Certification of stability of the defense technology base.
Subtitle C--Other Matters
Sec. 221. Extension of DARPA's prize authority.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Environmental Provisions
Sec. 311. Environmental restoration program--funding for cooperative
agreement.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake
Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 313. Air Quality plans.
Sec. 314. Range management.
Sec. 315. Extending import approval authority.
Subtitle C--Workplace and Depot Issues
Sec. 321. Repeal of time limitation on exclusion of expenditures on
contracting for depot-level maintenance.
Subtitle D--Outsourcing
Sec. 331. Temporary security-guard services for increased workloads
caused by realignments.
Sec. 332. Participation in security programs by charter air carriers
providing transportation for the armed
forces.
Sec. 333. Revision and extension of temporary authority for contractor
performance of security guard functions.
Sec. 334. Exception from prohibition on contractor performance of
firefighting functions.
Sec. 335. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.
Subtitle E--Other Matters
Sec. 341. Performance Based logistics contracts for weapons systems
logistics support: special funding
authority.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2007 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Discretionary separation and retirement of twice non-selected
chief warrant officer fours.
Subtitle B--Reserve Component Management
Sec. 511. Authorized strengths of Navy reserve flag officers.
Sec. 512. Expansion of Authorities for National Guard and reserve
components.
Sec. 513. Amendments to Presidential reserve call-up authority.
Subtitle C--Education and Training
Sec. 521. United States Military Academy and United States Air Force
Academy permanent military professors to
assume command positions while on periods
of sabbatical.
Sec. 522. United States Military Academy exchange program with foreign
military academies.
Sec. 523. Authority to permit members who participate in the Guaranteed
Reserve Forces Duty Scholarship Program to
participate in the Health Professions
Scholarship Program and serve on active
duty.
Sec. 524. Junior Reserve Officers' Training Corps instruction
eligibility expansion.
Sec. 525. Frequency of administration of service academy sexual assault
survey and of submission of academic
program year reports.
Sec. 526. Authority to enroll dependents of foreign military and
civilian members assigned to the Supreme
Headquarters Allied Powers Europe.
Subtitle D--Military Justice Matters
Sec. 531. Air Force law enforcement.
Subtitle E--Decorations and Awards
Sec. 541. Authorize the purchase and presentation of medal of honor
flags to all living medal of honor
recipients and to all living primary next
of kin for deceased medal of honor
recipients.
Subtitle F--Other Matters
Sec. 551. Enlistment oath: who may administer.
Sec. 552. Military status of officers serving in certain intelligence
community positions.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in general and flag officer pay cap.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Special Pay for selected reserve health care professionals in
critically short wartime specialties.
Sec. 612. Increase in Special pay and bonuses for nuclear-qualified
officers.
Sec. 613. One-year extension of authorities relating to payment of
other bonuses and special pays.
Sec. 614. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 615. One-year extension of certain bonus and special pay
authorities for certain health care
professionals.
Sec. 616. One-year extension of certain bonus and special pays for
reserve forces.
Subtitle C--Retired Pay and Survivor Benefits
Sec. 621. Extension of temporary continuation of housing allowance for
dependents of members dying on active duty
to spouses who are members of the uniformed
services.
Sec. 622. Prohibit court-ordered payments before retirement based on
imputation of retired pay.
Sec. 623. Reduction in Department of Defense accrual contributions into
the Military Retirement Fund and government
contributions into the Medicare-Eligible
Retiree Health Care Fund.
Subtitle D--Other Matters
Sec. 631. Accrual of annual leave for members of the uniformed services
performing dual employment.
Sec. 632. Technical modification to the Department of Defense's
computer/electronic accommodations program
to allow combat wounded service members.
Sec. 633. Permanent authority to present recognition items for
retention purposes.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 701. TRICARE coverage for forensic examination following sexual
assaults and domestic violence.
Sec. 702. Increasing TRICARE program cost sharing amounts.
Subtitle B--Other Matters
Sec. 711. Restructuring the Dental Division of the Bureau of Medicine
and Surgery.
Sec. 712. Establishment of a health savings account choice pilot
program for Department of Defense retirees
and their families not eligible for
Medicare.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Expanded use of reserve component members to perform
developmental and operational testing and
new equipment training.
Sec. 802. Minimum annual purchase for civil reserve air fleet
contracts.
Sec. 803. Clarification of rapid acquisition authority to respond to
combat emergencies.
Sec. 804. Unified combatant command for joint warfighting
experimentation: acquisition authority.
Sec. 805. Quality control in procurement of ship critical safety items
and related services.
Sec. 806. Extension of special temporary contract closeout authority.
Sec. 807. Defense acquisition challenge program.
Subtitle B--United States Defense Industrial Base Provisions
Sec. 811. Repeal of the military system breakout list.
Subtitle C--National Defense Stockpile
Sec. 821. Revision of Limitations on required disposals of certain
materials in National Defense Stockpile.
Subtitle D--Other Matters
Sec. 831. Clarification of jurisdiction of the United States district
courts to hear bid protest disputes
involving maritime contracts.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Department of Defense Management Matters
Sec. 901. United States Marine Band and United States Marine Drum and
Bugle Corps.
Sec. 902. Elimination of duplicative voting assistance installation
visits.
Subtitle B--Space Activities
Sec. 911. Extension of authority for pilot program for provision of
space surveillance network services to non-
United States government entities.
Sec. 912. Designation of successor organizations for the disestablished
Interagency Global Positioning Executive
Board.
Subtitle C--Intelligence-Related Matters
Sec. 921. Permanent authority for defense intelligence commercial
activities.
Sec. 922. Defense Information Systems Agency.
Sec. 923. Protection of information regarding weapons of mass
destruction.
Sec. 924. Authority for the National Security Agency to collect service
charges for certification or validation of
information assurance products.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Repeal of requirement for separate budget request for
procurement of reserve equipment.
Sec. 1002. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Sec. 1003. Acceptance and retention of reimbursement from non-Federal
sources to defray Department of Defense
conference costs.
Sec. 1004. Increased Flexibility in the use of Joint Staff exercise
funds.
Sec. 1005. Retention and use of proceeds of sales of M109 Howitzers
under the Arms Export Control Act to
procure M109-based vehicles.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Authority to request transfer to foreign nations by vessel
class.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority to provide Department of Defense
support for counter-drug activities of
other governmental agencies.
Sec. 1022. Use of funds for unified counterdrug and counterterrorism
campaign in Colombia.
Sec. 1023. Expansion and extension of authority to provide additional
support for counter-drug activities.
Sec. 1024. Department of Defense support for counter-drug activities.
Subtitle D--Matters Related to Homeland Security
Sec. 1031. Duties relating to defense against weapons of mass
destruction.
Sec. 1032. Repeal of certain laws pertaining to the Joint Committee for
the Review of Counterproliferation
Programs.
Sec. 1033. Expansion of operations of civil support teams.
Subtitle E--Other Matters
Sec. 1041. Harmonizing the definition of national security system
within the Department of Defense.
Sec. 1042. Amendment to delegation authority for assistance in
combating terrorism.
Sec. 1043. Defense Economic Adjustment Program: research and technical
assistance.
Sec. 1044. Clarification of government standing under the Lanham Act to
take a civil action for false designations
of origin, false descriptions and false
representations.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Permit continued application of senior executive service
provisions for certain noncareer senior
executive service members and chiefs of
mission after appointment to non-senior
executive service or chief of mission
positions.
Sec. 1102. Payment of full replacement value for personal property
claims of civilians.
Sec. 1103. Flexibility in paying annuity to Federal retirees who return
to work.
Sec. 1104. Repeal of limitation on appointment of retired members of
the Armed Forces to position in the
Department of Defense.
Sec. 1105. Expand pool of jobs that count for credit under service
agreements required by the National
Security Education Program.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Logistic support of allied forces for combined operations.
Sec. 1202. Change to acquisition and cross servicing agreements
definition to allow loan of significant
military equipment.
Sec. 1203. Expansion of humanitarian and civic assistance to include
developing communications and information
capacity.
Subtitle B--Reports
Sec. 1211. Relief of requirement to submit annual reports to Congress
regarding allied contributions to the
common defense.
Subtitle C--Other Matters
Sec. 1221. Exclusion of petroleum, oil and lubricants from the
limitations on the amount of liabilities
the United States may accrue under
acquisition and cross-servicing agreements.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Temporary authority to waive limitation funding for chemical
weapons destruction facility in Russia.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2004 and 2005 projects.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Modification of authority to carry out certain fiscal year
2006 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--CHEMICAL DEMILITARIZATION CONSTRUCTION PROGRAM
Sec. 2601. Authorized Chemical Demilitarization construction and land
acquisition projects.
Sec. 2602. Authorization of appropriations, Chemical Demilitarization
Construction.
TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES
Sec. 2701. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2801. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2802. Extension of authorizations of certain fiscal year 2004
projects.
Sec. 2803. Extension of authorizations of certain fiscal year 2003
projects.
TITLE XXIX--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2901. Authority to use operation and maintenance funds for
construction projects outside the United
States.
Sec. 2902. Pilot projects for acquisition or construction of military
unaccompanied housing.
Sec. 2903. Authorize use of operation and maintenance funds to carry
out minor construction necessary to replace
damaged or destroyed facilities.
Sec. 2904. Alternative use of proceeds from the sale of military family
housing in support of the military housing
privatization initiative.
Sec. 2905. Updating foreign currency fluctuation adjustment for
military family housing leases in foreign
countries.
Sec. 2906. Military unaccompanied housing: local comparability of floor
areas.
Sec. 2907. Flexible financing of housing privatization initiative.
Sec. 2908. Streamlining military construction thresholds.
Sec. 2909. Increased lease amount for two housing units for United
States Special Operations Command South.
Subtitle B--Real Property and Facilities Administration
Sec. 2911. Repeal requirement to determine the availability of suitable
alternative housing for acquisition in lieu
of construction of new family housing.
Sec. 2912. Clarification of potential recipients of planning grants.
Sec. 2913. Consolidation of easement provisions.
Sec. 2914. Consolidation of provisions relating to transfer of real
property within the Department of Defense
and to other Federal agencies.
Sec. 2915. Extending lease terms for structures and real property
relating to structures in foreign countries
that are needed for purposes other than
family housing.
Sec. 2916. Preventing encroachment.
Sec. 2917. Authority to grant restrictive easements.
Subtitle C--Base Closure and Realignment
Sec. 2921. Modification of deposit requirements in connection with
lease proceeds received at military
installations approved for closure or
realignment after January 1, 2005.
Subtitle D--Other Matters
Sec. 2931. Revitalization of Department of Defense laboratories.
Sec. 2932. Threshold for medical facility projects.
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 2007
for procurement for the Army as follows:
(1) For aircraft, $3,566,483,000.
(2) For missiles, $1,350,898,000.
(3) For weapons and tracked combat vehicles,
$2,301,943,000.
(4) For ammunition, $1,903,125,000.
(5) For other procurement, $7,718,602,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2007 for procurement for the Navy as follows:
(1) For aircraft, $10,868,771,000.
(2) For weapons, including missiles and torpedoes,
$2,555,020,000.
(3) For shipbuilding and conversion, $10,578,553,000.
(4) For other procurement, $4,967,916,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2007 for procurement for the Marine Corps in the amount
of $1,273,513,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2007 for procurement of ammunition
for the Navy and Marine Corps in the amount of $789,943,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2007
for procurement for the Air Force as follows:
(1) For aircraft, $11,479,810,000.
(2) For ammunition, $1,072,749,000.
(3) For missiles, $4,204,145,000.
(4) For other procurement, $15,408,086,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2007
for Defense-wide procurement in the amount of $2,861,461,000.
Subtitle B--Multi-Year Contract Authorizations
SEC. 111. MULTI-YEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.
Beginning with the fiscal year 2007 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) MH-60R Helicopters.
(2) MH-60R Helicopter mission equipment.
SEC. 112. MULTI-YEAR PROCUREMENT AUTHORITY FOR NAVY PROGRAM.
Beginning with the fiscal year 2007 program year, the Secretary of
the Navy may, in accordance with section 2306b of title 10, United
States Code, enter into a multi-year contract for procurement of the V-
22 Osprey.
SEC. 113. MULTI-YEAR PROCUREMENT AUTHORITY FOR AIR FORCE PROGRAM.
Beginning with the fiscal year 2007 program year, the Secretary of
the Air Force may, in accordance with section 2306b of title 10, United
States Code, enter into a multi-year contract for procurement of F-22A
Fighter Aircraft.
Subtitle C--Navy Programs
SEC. 121. ADJUSTMENT TO TOTAL COST LIMITATION FOR CVN 77 PROCUREMENT.
Section 122(f)(1) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1649) is amended by
striking ``$4,600,000,000 (such amount being the estimated cost for the
procurement of the CVN-77 aircraft carrier in the March 1997
procurement plan)'' and inserting ``$6,057,000,000''.
SEC. 122. CONSTRUCTION OF THE FIRST TWO NEXT GENERATION DESTROYERS.
(a) Funding Authorized.--Of the amount authorized to be
appropriated by section 102(a)(3) for fiscal year 2007, $2,568,000,000
is available for the construction of two DD(X) Next Generation
Destroyers.
(b) Contract Authority.--The Secretary of the Navy may enter into
contracts during fiscal year 2007 to be funded in two consecutive
fiscal years for the construction of two DD(X) Next Generation
Destroyers, one with each of the two surface-combatant shipbuilders.
(c) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (b) shall provide that any obligation of the
United States to make a payment under the contract for any subsequent
fiscal year is subject to the availability of appropriations for that
purpose for that later fiscal year.
SEC. 123. TRANSFER OF FUNDS FOR SUBMARINE ENGINEERED REFUELING
OVERHAULS AND CONVERSIONS OR AIRCRAFT CARRIER REFUELING
COMPLEX OVERHAULS.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7317. Obligation and expenditure of funds for submarine
engineered refueling overhauls and conversions or
aircraft carrier refueling complex overhauls
``(a) Authority.--For submarine engineered refueling overhauls and
conversions or aircraft carrier refueling complex overhauls financed
with Shipbuilding and Conversion, Navy appropriations, the Secretary of
Defense may transfer such amounts as he may designate from any
currently available Shipbuilding and Conversion, Navy, Other
Procurement, Navy, and Operations and Maintenance, Navy appropriations
to the original Shipbuilding and Conversion, Navy account financing the
project, such amounts to be merged with and to be available for the
same purposes and for the same time period as the appropriation to
which transferred. This transfer authority is in addition to any other
transfer authority available to the Department of Defense.
``(b) Limitations.--This authority may be exercised only where the
transfer of funds is required because of the discovery, during such
submarine engineered refueling overhauls and conversions or aircraft
carrier refueling complex overhauls, of unanticipated and emergent
maintenance, repair, or mission essential modernization requirements.
Prior to the transfer of an amount of $20,000,000 or more, or of any
amount which, when added to all amounts previously transferred under
the authority granted by this section cumulatively will exceed
$20,000,000 for a particular availability, the Secretary of Defense
shall notify in writing the congressional defense committees of the
proposed transfer and the reasons therefor. The transfer then may be
carried out only after the end of the 30-day period beginning on the
date the notification is received by the committees.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7317. Obligation and expenditure of funds for submarine engineered
refueling overhauls and conversions or
aircraft carrier refueling complex
overhauls.''.
SEC. 124. DELETION OF REQUIREMENT FOR 12 OPERATIONAL AIRCRAFT CARRIERS.
Section 5062 of title 10, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
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 2007
for the use of the Department of Defense for research, development,
test, and evaluation, as follows:
(1) For the Army, $10,855,559,000.
(2) For the Navy, $16,912,223,000.
(3) For the Air Force, $24,396,767,000.
(4) For Defense-wide activities, $20,991,459,000, of which
$181,520,000 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 2008 for research, development, test, and
evaluation for the Missile Defense Agency may be used for the
development and fielding of ballistic missile defense capabilities.
SEC. 212. CERTIFICATION OF STABILITY OF THE DEFENSE TECHNOLOGY BASE.
Section 212 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 542) is amended by striking
subsection (c).
Subtitle C--Other Matters
SEC. 221. EXTENSION OF DARPA'S PRIZE AUTHORITY.
Section 2374a(f) of title 10, United States Code, is amended by
striking ``September 30, 2007'' and inserting `` September 30, 2012''.
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 2007
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, $24,902,380,000.
(2) For the Navy, $31,330,984,000.
(3) For the Marine Corps, $3,878,962,000.
(4) For the Air Force, $31,342,307,000.
(5) For the Defense-wide activities, $20,075,656,000.
(6) For the Army Reserve, $2,299,202,000.
(7) For the Navy Reserve, $1,288,764,000.
(8) For the Marine Corps Reserve, $211,911,000.
(9) For the Air Force Reserve, $2,723,800,000.
(10) For the Army National Guard, $4,838,665,000.
(11) For the Air National Guard, $5,336,017,000.
(12) For the United States Court of Appeals for the Armed
Forces, $11,721,000.
(13) For Environmental Restoration, Army, $413,794,000.
(14) For Environmental Restoration, Navy, $304,409,000.
(15) For Environmental Restoration, Air Force,
$423,871,000.
(16) For Environmental Restoration, Defense-wide,
$18,431,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $242,790,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $63,204,000.
(19) For Cooperative Threat Reduction programs,
$372,128,000.
(20) For the Overseas Contingency Operations Transfer Fund,
$10,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2007
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, $1,345,998,000.
(2) For the National Defense Sealift Fund, $1,071,932,000.
(3) For the Pentagon Reservation Maintenance Revolving
Funds, $18,500,000.
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 2007 for
expenses, not otherwise provided for, for the Defense Health Program,
in the amount of $21,025,121,000, of which--
(1) $20,498,163,000 is for Operation and Maintenance;
(2) $130,603,000 is for Research, Development, Test, and
Evaluation; and
(3) $396,355,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--
(1) Authorization of appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 2007 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, in the amount of
$1,277,304,000, of which--
(A) $1,046,290,000 is for Operation and
Maintenance; and
(B) $231,014,000 is for Research, Development,
Test, and Evaluation.
(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 2007 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the
amount of $926,890,000.
(d) Defense Inspector General.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2007 for
expenses, not otherwise provided for, for the Office of the Inspector
General of the Department of Defense, in the amount of $216,297,000, of
which--
(1) $214,897,000 is for Operation and Maintenance; and
(2) $1,400,000 is for Procurement.
Subtitle B--Environmental Provisions
SEC. 311. ENVIRONMENTAL RESTORATION PROGRAM--FUNDING FOR COOPERATIVE
AGREEMENT.
Section 2701(d)(2) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``This two-year
limitation shall not apply to agreements funded from the accounts
established under sections 2906 or 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).''.
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND
SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse.--(1) Using funds described in
subsection (b), the Secretary of Defense may transfer not more than
$111,114.03 to the Moses Lake Wellfield Superfund Site 10-6J Special
Account.
(2) The payment under paragraph (1) is to reimburse the
Environmental Protection Agency for its costs incurred in overseeing 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.
(3) The reimbursement described in paragraph (2) is 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.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by section 301(17) for
operation and maintenance for Environmental Restoration, Formerly Used
Defense Sites.
(c) Use of Funds.--The Environmental Protection Agency shall use
the amount transferred under subsection (a) to pay costs incurred by
the Agency at the Moses Lake Wellfield Superfund Site.
SEC. 313. AIR QUALITY PLANS.
(a) Conformity With Clean Air Act.--In any case in which the
requirements of section 176(c) of the Clean Air Act would have applied
to proposed military readiness activities, the Department of Defense
shall not be prohibited from engaging in such activities and it shall
have up to three years, from the date such activities begin, to satisfy
the requirements of that section, provided--
(1) the Department of Defense has provided the State in
which the proposed military readiness activities would occur an
estimate of the annual emissions caused by the proposed
military readiness activities for all criteria pollutants for
which the area is designated ``non-attainment'' or
``maintenance''; and
(2) the State provides written concurrence with the
extension of up to three years.
(b) Environmental Protection Agency Approval.--Notwithstanding any
other provisions of law, an implementation plan or plan revision
required under the Clean Air Act shall be approved by the Administrator
of the Environmental Protection Agency if--
(1) such plan or revision meets all the requirements
applicable to it under the Clean Air Act other than a
requirement that such plan or revision demonstrate attainment
and maintenance of the relevant national ambient air quality
standards by the attainment date specified under the applicable
provision of the Act, or in a regulation promulgated under such
provision; and
(2) the submitting State established to the satisfaction of
the Administrator that the implementation plan of such State
would be adequate to attain and maintain the relevant national
ambient air quality standards by the attainment date specified
under the applicable provision of the Act, or in a regulation
promulgated under such provision, but for emissions emanating
from military readiness activities not otherwise meeting
section 176(c) of the Act pursuant to subsection (a) of this
section.
(c) Effect on State Compliance With Ozone Standards.--
Notwithstanding any other provisions of law, any State that establishes
to the satisfaction of the Administrator that, with respect to an ozone
non-attainment area in such State, such State would have attained the
national ambient air quality standard for ozone by the applicable
attainment date, but for emissions emanating from military readiness
activities not otherwise meeting section 176(c) of the Clean Air Act
pursuant to subsection (a) of this section, shall not be subject to the
provisions of section 181(b)(2) and (4) or section 185 of the Act.
(d) Effect on State Compliance With Carbon Monoxide Standards.--
Notwithstanding any other provision of law, any State that establishes
to the satisfaction of the Administrator, with respect to a carbon
monoxide non-attainment area in such State, that such State has
attained the national ambient air quality standard for carbon monoxide
by the applicable attainment date, but for emissions emanating from
military readiness activities not otherwise meeting section 176(c) of
the Clean Air Act pursuant to subsection (a) of this section, shall not
be subject to the provisions of section 186(b)(2) or 187(g) of the Act.
(e) Effect on State Compliance With PM-10 Standards.--
Notwithstanding any other provisions of law, any State that establishes
to the satisfaction of the Administrator that, with respect to a PM-10
non-attainment area in such State, such State would have attained the
national ambient air quality standard for PM-10 by the applicable
attainment date, but for emission emanating from military readiness
activities not otherwise meeting section 176(c) of the Clean Air Act
pursuant to subsection (a) of this section, shall not be subject to the
provisions of section 188(b)(2) of the Act.
(f) Military Readiness Activities.--The term ``military readiness
activities''--
(1) includes--
(A) all training and operations of the Armed Forces
that relate to combat; and
(B) the adequate and realistic testing of military
equipment, vehicles, weapons, and sensors for proper
operation and suitability for combat use; but
(2) does not include--
(A) the routine operation of installation operating
support functions, including but not limited to heat
and electric production, administrative offices,
military exchanges, commissaries, water treatment
facilities, storage facilities, schools, housing, motor
pools, laundries, morale, welfare, and recreation
activities, shops, and mess halls;
(B) the operation of industrial activities; or
(C) the construction or demolition of facilities
used for a purpose described in paragraph (1).
SEC. 314. RANGE MANAGEMENT.
(a) Definition of Solid Waste.--(1) The term ``solid waste'' as
used in the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 et
seq.), does not include--
(A) military munitions, including unexploded ordnance; or
(B) the constituents thereof,
that are or have come to be located, incident to their normal and
expected use, on an operational range, and remain thereon.
(2) Paragraph (1) shall not apply to--
(A) military munitions, including unexploded ordnance; or
(B) the constituents thereof, that--
(i) are recovered, collected, and then disposed of
by burial or landfilling;
(ii) have migrated off an operational range;
(iii) come to be located off of an operational
range; or
(iv) remain on the range once the range ceases to
be an operational range.
(3) Nothing in this section affects the authority of Federal,
State, interstate, or local regulatory authorities to determine when--
(A) military munitions, including unexploded ordnance; or
(B) the constituents thereof,
become hazardous waste for purposes of the Solid Waste Disposal Act, as
amended, including, but not limited to, sections 7002 and 7003 (42
U.S.C. 6972 and 6973), except for military munitions, including
unexploded ordnance, or the constituents thereof, that are excluded
from the definition of solid waste by this subsection.
(b) Definition of Release.--(1) The term ``release'' as used in the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. 9601 et seq.), does not include the
deposit or presence of any--
(A) military munitions, including unexploded ordnance; or
(B) the constituents thereof,
that are or have come to be located, incident to their normal and
expected use, on an operational range, and remain thereon.
(2) Paragraph (1) shall not apply to--
(A) military munitions, including unexploded ordnance; or
(B) the constituents thereof, that--
(i) migrate off an operational range;
(ii) come to be located off of an operational
range; or
(iii) remain on the range once the range ceases to
be an operational range.
(3) Notwithstanding the provisions of paragraph (1), the authority
of the President under section 106(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. 9606(a)), to take action because there may be an
imminent and substantial endangerment to the public health or welfare
or the environment because of an actual or threatened release of a
hazardous substance includes the authority to take action because of
the deposit or presence of any--
(A) military munitions, including unexploded ordnance, or
(B) the constituents thereof,
that are or have come to be located, incident to their normal and
expected use, on an operational range, and remain thereon.
(c) Definitions.--(1) For purposes of this section, the term
``constituents'' means any materials originating from military
munitions, including--
(A) unexploded ordnance;
(B) explosive and non-explosive materials; and
(C) emission, degradation, or breakdown products of such
munitions.
(2) For purposes of this section, the terms ``military munitions'',
``operational range'', and ``unexploded ordnance'' have the meanings
given such terms in section 101(e) of title 10, United States Code.
(d) Change in Range Status.--Nothing in this section affects the
legal requirements applicable to--
(1) military munitions, including unexploded ordnance, or
(2) the constituents thereof,
that have come to be located on an operational range, once the range
ceases to be an operational range.
(e) Continuation of Authority.--Nothing in this section affects the
authority of the Department of Defense to protect the environment,
safety, and health on operational ranges.
SEC. 315. EXTENDING IMPORT APPROVAL AUTHORITY.
Section 6(e)(3)(B) of the Toxic Control Act (15 U.S.C.
2605(e)(3)(B)) is amended by striking ``one year'' and inserting
``three years''.
Subtitle C--Workplace and Depot Issues
SEC. 321. REPEAL OF TIME LIMITATION ON EXCLUSION OF EXPENDITURES ON
CONTRACTING FOR DEPOT-LEVEL MAINTENANCE.
Section 2474(f)(1) of title 10, United States Code, is amended by
striking ``entered into during fiscal years 2003 through 2009''.
Subtitle D--Outsourcing
SEC. 331. TEMPORARY SECURITY-GUARD SERVICES FOR INCREASED WORKLOADS
CAUSED BY REALIGNMENTS.
(a) In General.--Notwithstanding section 2465 of title 10, United
States Code, the Secretary of a military department may, for a period
not to exceed one year at any single installation, contract for
security-guard services at installations selected for realignment under
a base closure law when additional security guard personnel are
required for the safe and secure relocation of--
(1) military munitions and munitions related equipment; or
(2) high value items in temporary storage areas.
(b) Definitions.--As used in this section--
(1) the term ``base closure law'' has the same meaning as
provided in section 101(a)(17) of title 10, United States Code;
and
(2) the term ``military munitions'' has the same meaning as
provided in section 101(e)(4) of title 10, United States Code.
(c) Expiration.--The authority granted by this section shall expire
on September 15, 2011.
SEC. 332. PARTICIPATION IN SECURITY PROGRAMS BY CHARTER AIR CARRIERS
PROVIDING TRANSPORTATION FOR THE ARMED FORCES.
(a) Commercial Aircraft.--Section 231 of the Immigration and
Nationality Act (8 U.S.C. 1221) is amended--
(1) by redesignating subsections (i) and (j) as subsection
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Exemption for Certain Aircraft.--This section does not apply
to aircraft operated or owned by the armed forces, or to other aircraft
when employed to provide charter transportation to the armed forces.''.
(b) Cargo.--Section 343(a)(3) of the Trade Act of 2002 (Public Law
107-210; 116 Stat. 983), is amended by adding at the end the following
new subparagraph:
``(M) The regulations required by this section
shall exempt aircraft operated or owned by the armed
forces, as well as other aircraft when employed to
provide charter transportation to the armed forces.''.
(c) Air Charter Program.--Section 44903(l)(2) of title 49, United
States Code, is amended--
(1) in subparagraph (A), by striking ``members of '';
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Security options.--The Secretary of Defense,
or designee, may authorize participation in any of the
programs and apply any of the requirements of this
chapter to charter operations for the transportation of
property or personnel for the armed forces to
facilitate the security and safety of such charters.
The Secretary of Defense will, consistent with
operational requirements and to the extent feasible,
structure programs and systems to facilitate
participation in programs administered by the Secretary
of Homeland Security and the Secretary of
Transportation. The Secretary of Defense will
participate in information sharing programs but only if
he determines that participation does not diminish the
ability of the Government to effectively carry out its
duties and powers related to national defense.''.
SEC. 333. REVISION AND EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACTOR
PERFORMANCE OF SECURITY-GUARD FUNCTIONS.
(a) Section 332(b) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2513) is
amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) in the case of an installation or facility where
security-guard personnel deploy in support of a contingency
operation and thereby create a shortfall of dedicated
installation security-guard personnel at that installation or
facility or at a supporting installation or facility, the
entire scope or extent of the performance of security-guard
functions by the security-guard personnel who deploy, from no
more than 120 days before the deployment to no more than 120
days after the completion of the deployment.''.
(b) Section 332(c) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2513-14), as
amended by section 324(a) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
1846) and section 344 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3201), is further
amended by striking ``2007'' each place it appears and inserting
``2008''.
SEC. 334. EXCEPTION FROM PROHIBITION ON CONTRACTOR PERFORMANCE OF
FIREFIGHTING FUNCTIONS.
Section 2465(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) A contract for the performance of firefighting
functions to--
``(A) fight wildland fires such as range or forest
fires; and
``(B) perform wildland fire management such as
conducting hazardous fuels treatments to reduce
wildland fire risks including prescribed fire and
mechanical treatments.''.
SEC. 335. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF AIRCRAFT UNDER
CONTRACT WITH THE ARMED FORCES.
(a) Amendment to Definition.--Section 40102(a)(41)(E) of title 49,
United States Code, is amended--
(1) by inserting ``or an operational support service''
after ``transportation''; and
(2) by adding at the end the following new sentence: ``For
purposes of this paragraph, `an operational support service'
means a mission performed by an air operator that uses fixed or
rotary winged aircraft to provide a service other than
transportation.''.
(b) Armed Forces Operational Mission.--Section 40125(c) of such
title is amended--
(1) in paragraph (1)(C), by inserting ``or an operational
support service'' after ``transportation''; and
(2) by adding at the end the following new paragraph:
``(3) Compliance of civil aircraft operations.--If the
Secretary of Defense (or the Secretary of the department in
which the Coast Guard is operating) does not make a designation
under paragraph (1)(C) with regard to a chartered aircraft, the
transportation or operational support service provided to the
armed forces by such aircraft must be in compliance with the
Federal Aviation Regulations under title 14, Code of Federal
Regulations.''.
(c) Technical Corrections.--
(1) Section 40125(b) of such title is amended by striking
``40102(a)(37)'' each place it appears and inserting
``40102(a)(41)''.
(2) Section 40125(c) of such title is amended by striking
``40102(a)(37)(E)'' each place it appears and inserting
``40102(a)(41)(E)''.
Subtitle E--Other Matters
SEC. 341. PERFORMANCE BASED LOGISTICS CONTRACTS FOR WEAPONS SYSTEMS
LOGISTICS SUPPORT: SPECIAL FUNDING AUTHORITY.
(a) Specific Funding Authority.--The Secretary of Defense may use
funds made available for operation and maintenance on Performance Based
Logistics contracts to finance both expense and investment costs
associated with the implementation of engineering changes that result
in a reduction of operation and maintenance costs.
(b) Notification to Congress.--The Secretary of a military
department shall notify Congress 30 days before entering into a
Performance Based Logistics contract under this section that may result
in using operation and maintenance funds for engineering changes. The
notice shall state that--
(1) the Department has performed a business case analysis;
and
(2) based on that analysis, there is a reasonable
expectation that the proposed Performance Based Logistics
contract will result in an overall reduction of operation and
maintenance costs.
(c) Definition.--In this section, the term ``Performance Based
Logistics contract'' means the acquisition of support as an integrated,
affordable, performance package designed to optimize system readiness
and meet performance goals for a weapon system through long-term
support arrangements with clear lines of authority and responsibility.
Application of Performance Based Logistics may be at the system,
subsystem, or major assembly level depending on program unique
circumstances and appropriate business case analysis.
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, 2007, as follows:
(1) The Army, 482,400.
(2) The Navy, 340,700.
(3) The Marine Corps, 175,000.
(4) The Air Force, 334,200.
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, 2007, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 200,000.
(3) The Navy Reserve, 71,300.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 107,000.
(6) The Air Force Reserve, 74,900.
(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,
2007, 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, 27,441.
(2) The Army Reserve, 15,416.
(3) The Navy Reserve, 12,564.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,206.
(6) The Air Force Reserve, 2,707.
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 2007 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, 7,912.
(2) For the Army National Guard of the United States,
26,050.
(3) For the Air Force Reserve, 10,124.
(4) For the Air National Guard of the United States,
23,255.
SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(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, 2007, 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,
2007, 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, 2007, 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 2007, 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. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2007
from the Armed Forces Retirement Home Trust Fund the sum of $54,846,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. DISCRETIONARY SEPARATION AND RETIREMENT OF TWICE NON-SELECTED
CHIEF WARRANT OFFICER FOURS.
Section 580(a)(1) of title 10, United Stated Code, is amended--
(1) by inserting ``(except for a chief warrant officer in
the grade of CW4)'' after ``chief warrant officer''; and
(2) by adding at the end the following new sentence:
``Chief warrant officers in the grade of CW4 shall be retired
at the discretion of the Secretary concerned.''.
Subtitle B--Reserve Component Management
SEC. 511. AUTHORIZED STRENGTHS OF NAVY RESERVE FLAG OFFICERS.
Section 12004 of title 10, United States Code, is amended--
(1) by amending section (c) to read as follows:
``(c) The authorized strength of the Navy and Marine Corps under
subsection (a) is exclusive of officers counted under section 526 of
this title.'';
(2) by striking subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
SEC. 512. EXPANSION OF AUTHORITIES FOR NATIONAL GUARD AND RESERVE
COMPONENTS.
(a) Definition of Active Guard and Reserve.--Section 101(b) of
title 10, United States Code, is amended by adding at the end the
following new paragraph (16):
``(16) The term `Active Guard and Reserve' means a member
of a reserve component of the armed forces on active duty
pursuant to section 12301(d) of this title, or a member of the
Army National Guard or Air National Guard on full-time National
Guard duty pursuant to section 502(f) of title 32, performing
Active Guard and Reserve duty.''.
(b) Authority for Active Guard and Reserve Duties To Include
Support of Operational Missions Assigned to the Reserve Component and
the Instruction and Training of Active Duty Personnel.--Section 12310
of such title is amended--
(1) by striking subsections (a) and (b); and
(2) by inserting the following new subsections (a) and (b):
``(a) Authority.--The Secretary concerned may order a member of the
reserve components to active duty pursuant to section 12301(d) of this
title to perform Active Guard and Reserve duty.
``(b) Grade When Ordered to Active Duty.--A Reserve ordered to
active duty under subsection (a) shall be ordered in his reserve grade.
While so serving, he continues to be eligible for promotion as a
Reserve, if he is otherwise qualified.'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(4) by inserting after subsection (b) the following new
subsection (c):
``(c) Duties.--A Reserve on active duty under subsection (a) may
perform the following duties in addition to, and not in lieu of, his
primary Active Guard and Reserve duties:
``(1) Supporting operations or missions assigned in whole
or in part to the reserve components.
``(2) Supporting operations or missions performed or to be
performed by--
``(A) a unit composed of elements from more than
one component of the same armed force; or
``(B) a joint forces unit that includes--
``(i) one or more reserve component units;
or
``(ii) a member of a reserve component
whose reserve component assignment is in a
position in an element of the joint forces
unit.
``(3) Advising the Secretary of Defense, the Secretaries of
the military departments, the Joint Chiefs of Staff, and the
commanders of the unified combatant command regarding reserve
component matters.
``(4) Instructing or training active duty military, foreign
military (under the same authorities and restrictions
applicable to active duty troops), Department of Defense
contractor personnel or Department of Defense civilian
employees.''.
(c) Duties of Military Technicians.--Section 10216(a) of such title
is amended--
(1) in paragraph (1)(C), by striking ``administration and''
and inserting ``organizing, administering, instructing, or'';
and
(2) by adding at the end the following new paragraph:
``(3) A military technician (dual status) who is employed
under section 3101 of title 5 may perform the following duties
in addition to, and not in lieu of, those primary duties
described in paragraph (1):
``(A) Supporting operations or missions assigned in
whole or in part to the technician's unit;
``(B) Supporting operations or missions performed
or to be performed by--
``(i) a unit composed of elements from more
than one component of the technician's armed
force; or
``(ii) a joint forces unit that includes--
``(I) one or more units of the
technician's component; or
``(II) a member of the technician's
component whose reserve component
assignment is in a position in an
element of the joint forces unit.
``(C) Instructing or training active duty military,
foreign military (under the same authorities and
restrictions applicable to active duty troops),
Department of Defense contractor personnel or
Department of Defense civilian employees.''.
(d) Definition of ``Active Guard and Reserve'' and ``Active Guard
and Reserve Duty''.--Section 101 of title 32, United States Code, is
amended by adding at the end the following new paragraphs:
``(20) The term `Active Guard and Reserve' means a member
of the Army National Guard or Air National Guard on full-time
National guard duty pursuant to section 502(f) of this title,
performing Active Guard and Reserve duty.
``(21)(A) The term `Active Guard and Reserve duty' means
active duty or full-time National Guard duty performed by a
member of a reserve component of the Army, Navy, Air Force, or
Marine Corps, or full-time National Guard duty performed by a
member of the National Guard, pursuant to an order to active
duty or full-time National Guard duty for a period of 180
consecutive days or more for the purpose of organizing,
administering, recruiting, instructing, or training the reserve
components.
``(B) Such term does not include the following:
``(i) Duty performed as a member of the Reserve
Forces Policy Board provided for under section 10301 of
title 10.
``(ii) Duty performed as a property and fiscal
officer under section 708 of this title.
``(iii) Duty performed for the purpose of
interdiction and counter-drug activities for which
funds have been provided under section 112 of this
title.
``(iv) Duty performed as a general or flag officer.
``(v) Service as a State director of the Selective
Service System under section 10(b)(2) of the Military
Selective Service Act (50 App. U.S.C. 460(b)(2)).''.
(e) Authority To Order Members to Active Guard and Reserve Duty.--
(1) Chapter 3 of such title is amended by adding at the end the
following new section:
``Sec. 328. Active guard and reserve duty
``(a) Authority.--The Governor of his State or Territory or Puerto
Rico, or the commanding general of the District of Columbia National
Guard, as the case may be, with the consent of the Secretary concerned,
may order a member of the National Guard to perform Active Guard and
Reserve duty pursuant to section 502(f) of this title.
``(b) Duties.--A member of the National Guard performing duty under
subsection (a) may perform the following duties in addition to, and not
in lieu of, his primary Active Guard and Reserve duties:
``(1) Support of operations or missions undertaken by the
member's unit at the request of the President or the Secretary
of Defense.
``(2) Support of Federal training operations or Federal
training missions assigned in whole or in part to the member's
unit.
``(3) Instructing or training active duty military, foreign
military (under the same authorities and restrictions
applicable to active duty troops), Department of Defense
contractor personnel or Department of Defense civilian
employees.''; and
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``328. Active guard and reserve duty.''.
(f) Authority for National Guard Duties To Include Support of
Certain Operations and Missions.--Section 502(f) of such title is
amended by striking ``subsection (a).'' and inserting ``subsection (a),
which may include--
``(A) support of operations or missions undertaken
by the members' unit at the request of the President or
Secretary of Defense; and
``(B) support of Federal training operations or
Federal training missions assigned in whole or in part
to the National Guard.''.
(g) Expansion of Duties of Technicians.--Section 709(a) of such
title is amended--
(1) in paragraph (1)--
(A) by striking ``administration and'' and
inserting ``organizing, administering, instructing,
or''; and
(B) by striking ``and'' at the end of such
paragraph;
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the performance of the following duties in addition
to, and not in lieu of, those duties described by paragraphs
(1) and (2):
``(A) Support of operations or missions undertaken
by the technician's unit at the request of the
President or the Secretary of Defense.
``(B) Support of Federal training operations or
Federal training missions assigned in whole or in part
to the technician's unit.
``(C) Instructing or training active duty military,
foreign military (under the same authorities and
restrictions applicable to active duty troops),
Department of Defense contractor personnel or
Department of Defense civilian employees.''.
(h) National Guard Officers Authority To Command.--Section 325 of
such title is amended--
(1) in subsection (a)(2), by striking ``in command of a
National Guard unit'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Advance Authorization and Consent.--The President and
Governor of the State or Territory or Puerto Rico, or the commanding
general of the District of Columbia National Guard, as the case may be,
respectively, may give the authorization and consent required by
subsection (a)(2), in advance, for the purpose of establishing the
succession of command of a unit.''; and
(4) by adding at the end the following new subsection:
``(d) National Guard Duties.--An officer who is not relieved from
duty in the National Guard while serving on active duty pursuant to
subsection (a)(2) may perform any duty authorized to be performed by
the laws of his State or Territory, Puerto Rico, or the District of
Columbia, as the case may be, to be performed by the National Guard
without regard to the limitations imposed by section 1385 of title
18.''.
SEC. 513. AMENDMENTS TO PRESIDENTIAL RESERVE CALL-UP AUTHORITY.
Section 12304 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``270'' and inserting
``365'';
(2) in subsection (b)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) a serious natural or manmade disaster, accident, or
catastrophe.'';
(3) in subsection (c)(1)--
(A) by striking ``or,'' and inserting a comma; and
(B) by striking ``, to'' and all that follows
through the end and inserting a period;
(4) by redesignating subsection (i) as subsection (j); and
(5) by inserting after subsection (h) the following new
subsection (i):
``(i) Fair Treatment.--(1) In determining which members in the
Selected Reserve and Individual Ready Reserve will be recalled to duty
without their consent, appropriate consideration shall be given to--
``(A) the length and nature of previous service, to assure
such sharing of exposure to hazards as the national security
and military requirements will reasonably allow;
``(B) family responsibilities; and
``(C) employment necessary to maintain the national health,
safety, or interest.
``(2) The Secretary of Defense shall prescribe such policies and
procedures as he considers necessary to carry out this subsection.''.
Subtitle C--Education and Training
SEC. 521. UNITED STATES MILITARY ACADEMY AND UNITED STATES AIR FORCE
ACADEMY PERMANENT MILITARY PROFESSORS TO ASSUME COMMAND
POSITIONS WHILE ON PERIODS OF SABBATICAL.
(a) United States Military Academy.--Section 4334(d) of title 10,
United States Code, is amended--
(1) by striking ``permanent professors and the'';
(2) by striking ``exercise'' and inserting ``exercises'';
and
(3) by adding at the end the following new sentence: ``At
the discretion of the Secretary of the Army, the permanent
professors may exercise command in the academic department of
the Academy or within Army units assigned.''.
(b) United States Air Force Academy.--Section 9334(b) of such title
is amended--
(1) by striking ``permanent professors and the'';
(2) by striking ``exercise'' and inserting ``exercises'';
and
(3) by adding at the end the following new sentence: ``At
the discretion of the Secretary of the Air Force, the permanent
professors may exercise command in the academic department of
the Academy or within Air Force units assigned.''.
SEC. 522. UNITED STATES MILITARY ACADEMY EXCHANGE PROGRAM WITH FOREIGN
MILITARY ACADEMIES.
Section 4345 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``24'' and inserting
``100''; and
(2) in subsection (c)(3), by striking ``for the Academy''
and all that follows through the period at the end of the
second sentence and inserting ``for the Academy and additional
funds provided to the Academy by the Department of Defense to
support cultural immersion, regional awareness, or foreign
language training initiatives. Expenditures from funds
appropriated for the Academy in support of the exchange program
may not exceed $1,000,000 during any fiscal year.''.
SEC. 523. AUTHORITY TO PERMIT MEMBERS WHO PARTICIPATE IN THE GUARANTEED
RESERVE FORCES DUTY SCHOLARSHIP PROGRAM TO PARTICIPATE IN
THE HEALTH PROFESSIONS SCHOLARSHIP PROGRAM AND SERVE ON
ACTIVE DUTY.
Paragraph (3) of section 2107a(b) of title 10, United States Code,
is amended--
(1) by striking ``the Secretary may'' and inserting ``or a
cadet or former cadet under this section who signs an agreement
under section 2122 of this title, the Secretary may'';
(2) by striking ``consent of the cadet concerned'' and
inserting ``consent of the cadet, or former cadet, concerned'';
and
(3) by striking ``submitted by the cadet'' and inserting
``submitted by the cadet, or former cadet,''.
SEC. 524. JUNIOR RESERVE OFFICERS' TRAINING CORPS INSTRUCTION
ELIGIBILITY EXPANSION.
Section 2031 of title 10, United States Code, is amended--
(1) in subsection (d)(1), by inserting ``who are drawing
retired or retainer pay,'' after ``Fleet Marine Corps
Reserve,''; and
(2) by adding at the end the following new subsection (e):
``(e) Instead of, or in addition to, the detailing of active duty
officers and non-commissioned officers under subsection (c)(1), and the
employment of retired officers and non-commissioned officers and
members of the Fleet Reserve or Fleet Marine Corps Reserve under
subsection (d), the Secretary of the military department concerned may
authorize qualified institutions to employ as administrators and
instructors in the program, retired officers and non-commissioned
officers who qualify for retired pay for non-regular service under the
provisions of section 12731 (except those who qualify for age as
defined in section 12731(a)(1)), whose qualifications are approved by
the Secretary and the institution concerned and who request such
employment, subject to the following:
``(1) The compensation package for officers and non-
commissioned officers employed under this subsection shall not
be coupled with either active duty pay or retired pay, but
instead shall be at a rate contracted individually and
determined by the Secretary of the military department
concerned. The Secretary may pay the institution an amount the
Secretary determined to be appropriate, but the amount may not
be more than the amount that would be paid on behalf of an
equivalent retiree or member of the Fleet Reserve or Fleet
Marine Corps Reserve under the provisions of subsection (d)(1).
The Secretary may continue to pay individuals employed under
this subsection pre-determined compensation packages, even
after they reach the age of 60. Payments by the Secretary
concerned under this paragraph shall be made from funds
appropriated for that purpose.
``(2) Notwithstanding any other provision of law, such a
retired member is not, while so employed, considered to be on
active duty or inactive duty training for any purpose.''.
SEC. 525. FREQUENCY OF ADMINISTRATION OF SERVICE ACADEMY SEXUAL ASSAULT
SURVEY AND OF SUBMISSION OF ACADEMIC PROGRAM YEAR
REPORTS.
(a) In General.--(1) Subsection (b) of section 527 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1469) is amended--
(A) in paragraph (1)--
(i) by striking ``an assessment during each academy
program year'' and inserting ``a Department of Defense-
administered assessment during each academy program
year designated in this subsection''; and
(ii) by striking ``conduct'' and inserting
``host''; and
(B) in paragraph (2)--
(i) by striking ``2007, and 2008'' and inserting
``2008 and 2010''; and
(ii) by striking ``conduct'' and inserting
``host''.
(2) Subsection (c) of such section is amended--
(A) by striking ``annual'' each place it appears;
(B) in paragraph (1), by striking ``2007, and 2008'' and
inserting ``2008 and 2010''; and
(C) in paragraph (2)(D), by inserting ``designated'' after
``subsequent''.
(b) Clerical and Conforming Amendments.--(1) Such section is
further amended--
(A) by striking ``sexual harassment and violence'' each
place it appears and inserting ``sexual harassment and sexual
violence'';
(B) by striking ``academy personnel'' each place it appears
and inserting ``cadets and/or midshipmen'';
(C) by inserting ``SEXUAL'' after ``HARASSMENT'' in the
heading for such section;
(D) by inserting ``Sexual'' after ``Harassment'' in the
heading for subsection (a);
(E) by striking ``Annual'' and inserting ``Academy Program
Year'' in the heading for subsection (b); and
(F) by striking ``Annual'' and inserting ``Academy Program
Year'' in the heading for subsection (c).
(2) The item relating to such section in the table of contents in
section 2(b) of such Act is amended to read as follows:
``Sec. 527. Actions to address sexual harassment and sexual violence at
the service academies.''.
SEC. 526. AUTHORITY TO ENROLL DEPENDENTS OF FOREIGN MILITARY AND
CIVILIAN MEMBERS ASSIGNED TO THE SUPREME HEADQUARTERS
ALLIED POWERS EUROPE.
Section 1407 of the Defense Dependents' Education Act of 1978 (20
U.S.C. 926), is amended by adding at the end the following new
subsection:
``(e) Authority To Enroll Dependents of Foreign Military Members
Assigned to the Supreme Headquarters Allied Powers Europe.--(1) The
Secretary of Defense may enroll a dependent of a foreign military
member assigned to the Supreme Headquarters Allied Powers Europe
(SHAPE) in the Department of Defense dependents' education system in
Mons, Belgium, on a space-required, tuition-free basis.
``(2) The Secretary of Defense shall prescribe by regulation a
methodology based on the estimated total enrollment of Department of
Defense dependents in the Department of Defense dependents' education
system in Mons, Belgium to determine the number of dependents of
foreign military members the Secretary may enroll under subsection (a).
``(3) Notwithstanding section 1404 of this Act, if the number of
dependents of foreign military members assigned to SHAPE who seek
enrollment in the Department of Defense dependents' education system in
Mons, Belgium exceeds the number of dependents determined by the
Secretary of Defense under subsection (b) to be eligible for enrollment
on a space-required, tuition-free basis, then the Secretary may enroll
such students on a space-available, tuition-free basis.''.
Subtitle D--Military Justice Matters
SEC. 531. AIR FORCE LAW ENFORCEMENT.
(a) Air Force Law Enforcement.--Part I of subtitle D of title 10,
United States Code, is amended by adding at the end the following new
chapter:
``CHAPTER 820--LAW ENFORCEMENT
``Sec.
``8150. Air Force Office of Special Investigations.
``8151. Credentials and badges.
``8152. Air Force law enforcement officers.
``8153. Enforcement authority.
``8154. Integration with other authorities.
``Sec. 8150. Air Force Office of Special Investigations
``(a) Establishment.--Subject to section 8011 of this title, there
shall be an Air Force Office of Special Investigations within the
Department of the Air Force, organized in such manner as the Secretary
of the Air Force shall direct.
``(b) Investigative Authority.--The Air Force Office of Special
Investigations shall, under regulations prescribed by the Secretary of
the Air Force, initiate and conduct criminal investigations into
matters involving the Department of the Air Force. The Air Force Office
of Special Investigations, subject to the provisions of this title and
as otherwise allowed by law, may perform such other functions of, or
assigned to, the Department of the Air Force as the Secretary directs.
``Sec. 8151. Credentials and badges
``The Commander of the Air Force Office of Special Investigations
shall provide for the issuance and revocation, including retrieval, of
such credentials and badges to its personnel as are necessary to
provide for effective identification of its personnel.
``Sec. 8152. Air Force law enforcement officers
``(a) Designation of Special Agents.--Special agents of the Air
Force Office of Special Investigations are law enforcement officers for
purposes of this chapter.
``(b) Designation of Additional Personnel.--The Secretary of the
Air Force may designate such additional personnel of the Air Force,
whether military or civilian, as law enforcement officers for purposes
of this chapter, when such personnel are primarily engaged in law
enforcement functions. Except as provided in section 8154 of this
title, the powers granted by paragraphs (2) and (3) of section 8153(a)
of this title shall only be exercised by such additional designated
personnel when the Secretary of Defense and the Attorney General
approve the application to them of the guidelines provided for in
section 8153(c)(2) of this title.
``Sec. 8153. Enforcement authority
``(a) Officer Authority.--Any person who is a law enforcement
officer in accordance with section 8152 of this title, without regard
to whether the officer is a civilian or a military member, may--
``(1) carry firearms;
``(2) execute and serve any warrant or other processes
issued under the authority of the United States; and
``(3) make arrests without warrant for--
``(A) any offense against the United States
committed in the presence of such officer; or
``(B) any felony offense against the United States
if such officer has probable cause to believe that the
person to be arrested has committed or is committing
that felony offense.
``(b) Disposition of Persons Arrested.--Any person not subject to
chapter 47 of this title (the Uniform Code of Military Justice) who is
arrested pursuant to authority exercised under subsection (a) shall, as
soon as is reasonably practicable, be turned over to the appropriate
civilian Federal, State, or local authorities for custody and
prosecution.
``(c) Limitations.--The powers granted by paragraphs (2) and (3) of
subsection (a) shall be exercised only--
``(1) on, or when in hot pursuit from, a military
installation or facility under the jurisdiction, custody, or
control of the Secretary or an installation or facility
provided Air Force law enforcement support pursuant to
direction of the Secretary of Defense; and
``(2) in accordance with guidelines prescribed by the
Secretary of the Air Force and approved by the Secretary of
Defense and the Attorney General.
``Sec. 8154. Integration with other authorities
``Nothing in this chapter may be construed to limit or expand
authority contained in chapter 212 of title 18.''.
(b) Conforming Amendment.--Section 1223 of the Department of
Defense Authorization, 1986 (Public Law 99-145; 99 Stat. 728), is
amended by striking the second sentence.
(c) Clerical Amendment.--The table of chapters for part I of title
10, United States Code, is amended by adding at the end the following
new item:
``820. Law Enforcement...................................... 8150.''.
Subtitle E--Decorations and Awards
SEC. 541. AUTHORIZE THE PURCHASE AND PRESENTATION OF MEDAL OF HONOR
FLAGS TO ALL LIVING MEDAL OF HONOR RECIPIENTS AND TO ALL
LIVING PRIMARY NEXT OF KIN FOR DECEASED MEDAL OF HONOR
RECIPIENTS.
(a) Army.--Section 3755 of title 10, United States Code, is amended
by striking ``after October 23, 2002'' and all that follows and
inserting ``or, if deceased, to the surviving primary next of kin. Such
presentation shall be made as expeditiously as possible after the date
of the designation of the Medal of Honor Flag by the Secretary of
Defense under section 903 of title 36. For purposes of this section,
the term `primary next of kin' means, in descending order, the
surviving spouse, son or daughter, parents (mother, father, stepmother,
stepfather, mother through adoption, father through adoption, and
foster parents who stood in loco parentis), brother, sister, half
brother and half sister of the deceased veteran as determined by
applicable State law.''.
(b) Navy.--Section 6257 of such title is amended by striking
``after October 23, 2002'' and all that follows and inserting ``or, if
deceased, to the surviving primary next of kin. Such presentation shall
be made as expeditiously as possible after the date of the designation
of the Medal of Honor Flag by the Secretary of Defense under section
903 of title 36. For purposes of this section, the term `primary next
of kin' means, in descending order, the surviving spouse, son or
daughter, parents (mother, father, stepmother, stepfather, mother
through adoption, father through adoption, and foster parents who stood
in loco parentis), brother, sister, half brother and half sister of the
deceased veteran as determined by applicable State law.''.
(c) Air Force.--Section 8755 of such title is amended by striking
``after October 23, 2002'' and all that follows and inserting ``or, if
deceased, to the surviving primary next of kin. Such presentation shall
be made as expeditiously as possible after the date of the designation
of the Medal of Honor Flag by the Secretary of Defense under section
903 of title 36. For purposes of this section, the term `primary next
of kin' means, in descending order, the surviving spouse, son or
daughter, parents (mother, father, stepmother, stepfather, mother
through adoption, father through adoption, and foster parents who stood
in loco parentis), brother, sister, half brother and half sister of the
deceased veteran as determined by applicable State law.''.
(d) Coast Guard.--Section 505 of title 14, United States Code, is
amended by striking ``after October 23, 2002'' and all that follows and
inserting ``or, if deceased, to the surviving primary next of kin. Such
presentation shall be made as expeditiously as possible after the date
of the designation of the Medal of Honor Flag by the Secretary of
Defense under section 903 of title 36. For purposes of this section,
the term `primary next of kin' means, in descending order, the
surviving spouse, son or daughter, parents (mother, father, stepmother,
stepfather, mother through adoption, father through adoption, and
foster parents who stood in loco parentis), brother, sister, half
brother and half sister of the deceased veteran as determined by
applicable State law.''.
Subtitle F--Other Matters
SEC. 551. ENLISTMENT OATH: WHO MAY ADMINISTER.
(a) Enlistment Oath: Who May Administer.--Section 502 of title 10,
United States Code, is amended by striking ``This oath may be taken
before any commissioned officer of any armed force.'' and inserting
``This oath may be taken before the President of the United States of
America, Vice-President, Secretary of Defense, any commissioned officer
or other person designated under regulations prescribed by the
Secretary of Defense.''.
(b) Administration of Oath.--Section 1031 of such title is amended
by striking ``Any commissioned officer of any component of an armed
force, whether or not on active duty, may administer any oath'' and
inserting ``The President of the United States of America, Vice-
President, Secretary of Defense, any commissioned officer, or other
person designated under regulations prescribed by the Secretary of
Defense, may administer any oath''.
SEC. 552. MILITARY STATUS OF OFFICERS SERVING IN CERTAIN INTELLIGENCE
COMMUNITY POSITIONS.
Section 528 of title 10, United States Code, is amended by adding
at the end the following new subsections:
``(e) Military Status.--Officers of the armed forces, while serving
in positions covered by this section--
``(1) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the
Department of Defense, except as directed by the Secretary of
Defense or his designee concerning reassignment from such
position; and
``(2) shall not exercise, by reason of the officer's status
as an officer, any supervision or control with respect to any
of the military or civilian personnel of the Department of
Defense except as otherwise authorized by law.
``(f) Effect of Appointment.--Except as provided in subsection (e),
the appointment of an officer of the armed forces to a position covered
by this section shall not affect the status, position, rank, or grade
of such officer in the armed forces, or any emolument, perquisite,
right, privilege, or benefit incident to or arising out of such status,
position, rank, or grade.
``(g) Military Pay and Allowances.--An officer of the armed forces
on active duty who is appointed to a position covered by this section
shall, while serving in such position and while remaining on active
duty, continue to receive military pay and allowances and shall not
receive the pay prescribed for such position. Funds from which such pay
and allowances are paid shall be reimbursed from funds available to the
Director of the Central Intelligence Agency (for positions within the
Central Intelligence Agency), or from funds available to the Director
of National Intelligence (for positions within the Office of the
Director of National Intelligence).''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN GENERAL AND FLAG OFFICER PAY CAP.
Section 203(a)(2) of title 37, United States Code, is amended by
striking ``level III'' and inserting ``level II''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. SPECIAL PAY FOR SELECTED RESERVE HEALTH CARE PROFESSIONALS IN
CRITICALLY SHORT WARTIME SPECIALTIES.
Subsection (a) of section 302g of title 37, United States Code, is
amended by striking ``$10,000'' and inserting ``$25,000''.
SEC. 612. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-QUALIFIED
OFFICERS.
Section 312b(a)(1) of title 37, United States Code, is amended by
striking ``$20,000'' and inserting ``$30,000''.
SEC. 613. 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, 2006'' and
inserting ``December 31, 2007''.
(b) Assignment Incentive Pay.--Section 307a(g) of such title is
amended by striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(c) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2006'' and inserting
``December 31, 2007''.
(d) Enlistment Bonus.--Section 309(e) of such title is amended by
striking ``December 31, 2006'' and inserting ``December 31, 2007''.
(e) Retention Bonus for Members Qualified in a Critical Military
Skill.--Section 323(i) of such title is amended by striking ``December
31, 2006'' and inserting ``December 31, 2007''.
(f) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2006'' and
inserting ``December 31, 2007''.
(g) Conversion to Military Occupational Specialty To Ease Personnel
Shortage.--Section 326(g) of such title is amended by striking
``December 31, 2006'' and inserting ``December 31, 2007''.
SEC. 614. 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, 2006'' and inserting ``December 31,
2007''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2006'' and inserting ``December
31, 2007''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2006'' and inserting
``December 31, 2007''.
SEC. 615. 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,
2006'' and inserting ``December 31, 2007''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2006'' and inserting ``December 31, 2007''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2006''
and inserting ``December 31, 2007''.
(d) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2006'' and inserting
``December 31, 2007''.
(e) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
title is amended by striking ``December 31, 2006'' and inserting
``December 31, 2007''.
SEC. 616. 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, 2006'' and inserting ``December
31, 2007''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(g) of such
title is amended by striking ``December 31, 2006'' and inserting
``December 31, 2007''.
(c) Selected Reserve Affiliation or Enlistment Bonus.--Section
308c(i) of such title is amended by striking ``December 31, 2006'' and
inserting ``December 31, 2007''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2006'' and inserting ``December 31, 2007''.
(e) Ready Reserve Non-Prior Service Enlistment Bonus.--Section
308g(f) of such title is amended by striking ``December 31, 2006'' and
inserting ``December 31, 2007''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(e) of such title is amended by striking ``December 31, 2006'' and
inserting ``December 31, 2007''.
(g) Prior Service Reenlistment Bonus.--Section 308i(f) of such
title is amended by striking ``December 31, 2006'' and inserting
``December 31, 2007''.
(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, 2007'' and
inserting ``January 1, 2008''.
Subtitle C--Retired Pay and Survivor Benefits
SEC. 621. EXTENSION OF TEMPORARY CONTINUATION OF HOUSING ALLOWANCE FOR
DEPENDENTS OF MEMBERS DYING ON ACTIVE DUTY TO SPOUSES WHO
ARE MEMBERS OF THE UNIFORMED SERVICES.
(a) In General.--Section 403(l) of title 37, United States Code, is
amended by adding at the end the following new paragraph:
``(4) Notwithstanding any other provision of law, this
subsection shall apply to a member of a uniformed service who
is the spouse of the deceased member. An allowance paid under
this subsection is in addition to any other pay and allowances
to which the member is entitled.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006.
SEC. 622. PROHIBIT COURT-ORDERED PAYMENTS BEFORE RETIREMENT BASED ON
IMPUTATION OF RETIRED PAY.
(a) Authority.--Section 1408(c)(3) of title 10, United States Code,
is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraph:
``(B) A court may not order a member to make payments based
upon an imputation of a property interest in future retired pay
of any kind to a spouse or former spouse before the date of the
member's actual retirement.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to final court orders or court orders seeking enforcement of
prior final decrees issued on or after the date of the enactment of
this Act.
SEC. 623. REDUCTION IN DEPARTMENT OF DEFENSE ACCRUAL CONTRIBUTIONS INTO
THE MILITARY RETIREMENT FUND AND GOVERNMENT CONTRIBUTIONS
INTO THE MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.
(a) Retirement Fund.--(1) Section 1465 of title 10, United States
Code, is amended--
(A) in subsection (b)(1)--
(i) by amending subparagraph (A)(ii) to read as
follows:
``(ii) the total amount of basic pay expected to be
paid during that fiscal year for active duty in the
armed forces (other than the Coast Guard) and for full-
time National Guard duty (other than full-time National
Guard duty for training only), but excluding any duty
that would be excluded for active-duty end strength
purposes by section 115(i) of this title.''; and
(ii) in subparagraph (B)(ii)--
(I) by striking ``Ready'' and inserting
``Selected''; and
(II) by striking ``and other than members
on full-time National Guard duty other than for
training) who are'' and inserting ``) for
service''; and
(B) in subsection (c)(1)--
(i) by amending subparagraph (A) to read as
follows:
``(A) a determination (using the aggregate entry-age normal
cost method) of a single level percentage of basic pay for
active duty in the armed forces (other than the Coast Guard)
and for full-time National Guard duty (other than full-time
National Guard duty for training only), but excluding any duty
that would be excluded for active-duty end strength purposes by
subsection 115(i) of this title, to be determined without
regard to section 1413a or 1414 of this title; and''; and
(ii) in subparagraph (B)--
(I) by striking ``Ready'' and inserting
``Selected''; and
(II) by striking ``and other than members
on full-time National Guard duty other than for
training) who are'' and inserting ``) for
service''.
(2) Section 1466(a) of such title is amended--
(A) by amending paragraph (1)(B) to read as follows:
``(B) the total amount of basic pay accrued for
that month for active duty in the armed forces (other
than the Coast Guard) and for full-time National Guard
duty (other than full-time National Guard duty for
training only), but excluding any duty that would be
excluded for active-duty end strength purposes by
section 115(i) of this title.''; and
(B) in paragraph (2)(B)--
(i) by striking ``Ready'' and inserting
``Selected''; and
(ii) by striking ``and other than members on full-
time National Guard duty other than for training) who
are'' and inserting ``) for service''.
(b) Medicare Eligible Retiree Health Care Fund.--(1) Section
1111(b) of such title is amended by adding at the end the following new
paragraph:
``(5) The term `members of the uniformed services on active
duty' does not include a cadet at the United States Military
Academy, the United States Air Force Academy, or the Coast
Guard Academy; or a midshipman at the United States Naval
Academy.''.
(2) Section 1115 of such title is amended--
(A) in subsection (b)--
(i) in paragraph (1)(B), by inserting before the
period at the end the following: ``, but excluding any
members who would be excluded for active-duty end
strength purposes by section 115(i) of this title'';
and
(ii) in paragraph (2)(B)--
(I) by striking ``Ready'' and inserting
``Selected''; and
(II) by striking ``other than members on
full-time National Guard duty other than for
training)''; and
(B) in subsection (c)(1)--
(i) in subparagraph (A), by inserting before the
semicolon the following: ``, but excluding any members
who would be excluded for active-duty end strength
purposes by section 115(i) of this title''; and
(ii) in subparagraph (B)--
(I) by striking ``Ready'' and inserting
``Selected''; and
(II) by striking ``(other than members on
full-time National Guard duty other than for
training)''.
Subtitle D--Other Matters
SEC. 631. ACCRUAL OF ANNUAL LEAVE FOR MEMBERS OF THE UNIFORMED SERVICES
PERFORMING DUAL EMPLOYMENT.
Section 5534a of title 5, United States Code, is amended by adding
at the end the following new sentence: ``Such a member also is entitled
to accrue annual leave with pay in the manner specified in section
6303(a) of this title for a retired member of the uniformed service.''.
SEC. 632. TECHNICAL MODIFICATION TO THE DEPARTMENT OF DEFENSE'S
COMPUTER/ELECTRONIC ACCOMMODATIONS PROGRAM TO ALLOW
COMBAT WOUNDED SERVICE MEMBERS.
Section 1582(a)(1) of title 10, United States Code, is amended by
adding at the end of the following new sentence: ``The Secretary of
Defense may allow members of the armed forces who have sustained severe
or debilitating illnesses or injuries while serving in support of a
contingency operation to retain any assistive technology, devices, or
services provided to the member prior to their separation of military
service upon their separation.''.
SEC. 633. PERMANENT AUTHORITY FOR PRESENTATION OF RECOGNITION ITEMS FOR
RECRUITMENT AND RETENTION PURPOSES.
Section 2261 of title 10, United States Code, is amended by
striking subsection (d).
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
SEC. 701. TRICARE COVERAGE FOR FORENSIC EXAMINATION FOLLOWING SEXUAL
ASSAULTS AND DOMESTIC VIOLENCE.
Section 1079(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(18) Forensic examinations following a sexual assault and
domestic violence may be provided.''.
SEC. 702. INCREASING 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)(A) Notwithstanding paragraphs (1) through (4), and
subject to subparagraph (B), the Secretary of Defense shall
prescribe regulations to revise the requirements for payments
by beneficiaries under this subsection, other than Medicare-
eligible beneficiaries, in order to reflect increases in health
care costs. Such requirements, which may include a revised
deductible amount and an enrollment fee, 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) The revisions required by subparagraph (A) may not
result in average annual per person out-of-pocket costs in
excess of the average annual per person out-of-pocket costs
applicable in fiscal year 1996, indexed to fiscal year 2007 and
future fiscal years based on the annual rate of change
(increase or decrease) in the average premiums under the
Federal Employee Health Benefits Program under chapter 89 of
title 5.
``(C) In this paragraph:
``(i) The term `Medicare-eligible beneficiary'
means a person described in subsection (d).
``(ii) The term `out-of-pocket costs' means the
portion of the total health care costs (including
deductible amounts, enrollment fees, and other cost
sharing) of a beneficiary reliant on the civilian
sector component of the TRICARE Program that are not
covered by such program.''.
(b) Time for Promulgation of Regulations.--The Secretary shall
prescribe the regulations required under paragraph (5) of section
1086(b) of title 10, United States Code (as added by subsection (a)),
not later than 90 days after the date of enactment of this Act.
(c) Limitation.--Notwithstanding any other provision of this Act,
no authority to make payments or collect any new deductible or
enrollment fee under this Act shall be effective except to such extent
and in such amounts as are provided in advance in appropriation Acts.
Subtitle B--Other Matters
SEC. 711. RESTRUCTURING THE DENTAL DIVISION OF THE BUREAU OF MEDICINE
AND SURGERY.
(a) In General.--Section 5138 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking the first sentence; and
(B) by striking ``Division'' and inserting
``Corps'' in the second sentence;
(2) in subsection (b), by striking ``Division'' and
inserting ``Corps'';
(3) in subsection (c), by striking ``, that all such'' and
all that follows and inserting a period; and
(4) by amending subsection (d) to read as follows:
``(d) The Chief of the Dental Corps shall serve as the advisor to
the Surgeon General/Chief, Bureau of Medicine and Surgery, on all
matters relating directly to dentistry, including professional
standards and policies for dental practice.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 5138. Bureau of Medicine and Surgery: Dental Corps; Chief ''.
(2) The table of sections at the beginning of chapter 513 of such
title is amended by striking the item relating to section 5138 and
inserting the following:
``5138. Bureau of Medicine and Surgery: Dental Corps; Chief.''.
SEC. 712. ESTABLISHMENT OF A HEALTH SAVINGS ACCOUNT CHOICE PILOT
PROGRAM FOR DEPARTMENT OF DEFENSE RETIREES AND THEIR
FAMILIES NOT ELIGIBLE FOR MEDICARE.
(a) In General.--The Secretary of Defense may establish a pilot
program to offer a certain number of non-Medicare eligible military
retirees and family members an option to enroll in a High Deductible
Health Plan (HDHP) in order to establish a Health Savings Account (HSA)
under section 223 of the Internal Revenue Code of 1986 (section 223 of
title 26, United States Code) in lieu of TRICARE coverage or care
through the Military Health System. Notwithstanding any other
requirements outlined by the Department of Defense for determining
eligibility in the pilot program, a retiree must have ``medically
used'' the system between October 1, 2003 and September 30, 2005 to be
eligible. All HSA covered members, retirees and covered family members
must not participate in any other health care plan to participate in
the pilot program.
(b) Plan Elections.--Notwithstanding section 8914 of title 5,
United States Code, the plan participants defined pursuant to
subsection (a) shall be eligible to elect any of the High Deductible
Health Plan options offered to civilian employees under the Federal
Employees Health Benefits (FEHB) Program under the same cost share and
plan stipulations as those applicable to civilian employees.
(c) Contributions.--(1) The Secretary of Defense shall be required
to pay into the Federal Employees Health Benefits Fund, under
arrangements satisfactory to the Office of Personnel Management
(``Office''), an amount equal to the sum of--
(A) the agency contributions which would be required in the
case of an employee enrolled in the same High Deductible Health
Plan and level of benefits; and
(B) an amount, determined under regulations, necessary for
administrative expenses.
(2) Plan participants as defined pursuant to subsection (a) shall
be required to pay into the Federal Employees Health Benefits Fund,
under arrangements satisfactory to the Office, an amount equal to the
employee contributions which would be required in the case of an
employee enrolled in the same health benefits plan and levels of
benefits.
(3) The Department of Defense shall reimburse the Office of
Personnel Management for costs incurred in the administration of this
pilot program.
(d) Regulations.--The Secretary of Defense and the Director of
Office of Personnel Management shall jointly prescribe regulations to
implement this section. Such regulation shall clarify and establish
terms and conditions for the pilot, including--
(1) enrollee participation in the pilot program;
(2) how the pilot program shall be monitored and reported
upon termination;
(3) the process to ensure that other Defense medical
coverage is suspended during the enrollee's participation in
the pilot program;
(4) procedures for premium contributions and administrative
expenses to the Federal Employees Health Benefit Fund; and
(5) the amount necessary for administrative expenses.
(e) Pilot Program Period.--Eligible pilot program participants may
begin to enroll for this option during the first normal FEHB open
season that begins no earlier than 6 months after the date of enactment
of this section. After three full FEHB calendar years, the option will
not be offered to any new participants, but current participants may
remain in the program until the pilot program is subsequently
reauthorized, folded into a broader program, or terminated. If the
pilot program is not reauthorized, the pilot program will automatically
terminate after five full calendar years from enactment of this
section.
(f) Participants Leaving the Pilot Program.--All terms and
conditions as provided in chapter 89 of title 5, United States Code,
involving a change in health coverage for other FEHB participants will
apply to members of this pilot program, including when a member may
drop coverage. A participant who terminates participation in this plan
voluntarily or non-voluntarily may request reinstatement of the current
Defense military health benefits the participant would be eligible for
at that time, but at no time will that participant be eligible to
return to this HSA pilot program under the FEHB Program.
(g) Prohibition Against the Use of Military Treatment Facilities
and Enrollment Under Tricare.--Covered participants under this chapter
who are provided coverage under the pilot program shall not be eligible
to receive care at a military treatment facility or to enroll in a
health care plan under the TRICARE program or utilize Department of
Defense pharmacy benefits during their participation in the pilot
program.
(h) Definitions.--In this section:
(1) The terms ``high deductible health plan'' and ``health
savings account'' have the same meaning established under
section 223 of the Internal Revenue Code of 1986 (section 223
of title 26, United States Code).
(2) The term ``Federal Employee Health Benefits Program''
has the same meaning established under chapter 89 of title 5,
United States Code.
(3) The term ``medically used'' means use, by a person
eligible for the health care benefit established under chapter
55 of title 10, United States Code, of at least two outpatient
visits for physician services (not including prescription
drugs) or one inpatient admission.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. EXPANDED USE OF RESERVE COMPONENT MEMBERS TO PERFORM
DEVELOPMENTAL AND OPERATIONAL TESTING AND NEW EQUIPMENT
TRAINING.
(a) Reimbursement.--The Secretary of the Army may transfer from
funds available to support an acquisition program in the amount
necessary to reimburse the appropriate reserve component military
personnel account for costs charged to that account for military pay
and allowances in connection with the demonstration program described
in subsection (b).
(b) Demonstration Program.--(1) A demonstration program under this
section shall evaluate--
(A) cost savings and other benefits that may result from
the use of members of the reserve components to perform test,
evaluation, and related activities for an acquisition program,
rather than the use of contractor personnel for such purposes;
and
(B) the use of appropriations available for multi-year
research, development, testing and evaluation and procurement
to reimburse reserve components for the pay, allowances, and
expenses incurred when such members perform duties to conduct
acquisition, logistics, and new equipment training activities
in connection with the demonstration program.
(2) Nothing in this section authorizes a deviation from established
Reserve and National Guard personnel and training procedures.
(c) Limitation on Amount.--Not more than $10,000,000 may be
transferred under this section during each year of the demonstration
program.
(d) Merger of Transferred Funds.--Funds transferred to an account
under this section shall be merged with other sums in the account and
shall be available for the same period and purposes as the sums with
which merged.
(e) Relationship to Other Transfer Authority.--The transfer
authority under this section is in addition to any other transfer
authority.
(f) Termination.--The demonstration program under this section
shall terminate on September 30, 2010.
SEC. 802. 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 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 the carriers or carrier
teaming arrangements proportional to the commitments to the CRAF
program.
``(c) Subsidy.--Should any of the amounts set aside for the annual
minimum airlift purchase not be utilized to purchase actual
transportation from the carriers to whom awarded, such remainder will
be transferred to the carrier prior to the first day of the following
fiscal year. Proportional adjustment shall be made for periods when
services from the air carrier are 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 purchases of transportation
services exceed minimum contract amounts for that carrier or teaming
arrangement, no subsidy will be provided.
``(d) Merger of Funds.--Amounts available to the Services for
transportation equal to the proportional share of usage by each Service
shall be transferred to the transportation working capital fund to fund
contract award. Each Service shall be entitled to obtain transportation
of equal value or transfer that entitlement to other Services or DOD
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 following new item:
``9515. Minimum annual purchase for Civil Reserve Air Fleet
contracts.''.
SEC. 803. CLARIFICATION OF RAPID ACQUISITION AUTHORITY TO RESPOND TO
COMBAT EMERGENCIES.
Section 806 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2607; 10 U.S.C. 2302
note), as amended by section 811 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375), is
further amended--
(1) in subsection (a), by inserting ``or utilization of
services'' after ``items'';
(2) in subsection (b)--
(A) in paragraph (1)(B), by inserting ``or
services'' after ``items'';
(B) in paragraph (2)--
(i) by inserting ``or utilizing services''
after ``items'';
(ii) in subparagraph (A), by inserting ``or
service'' after ``item'';
(iii) in subparagraph (B), by inserting
``or the utilization of a service'' after
``item''; and
(iv) in subparagraph (C), by inserting ``or
utilization'' after ``deployment'';
(3) in subsection (c)--
(A) by inserting ``or service'' after ``equipment''
each place it appears;
(B) by striking ``combat capability'' each place it
appears;
(C) by striking ``casualties'' and inserting
``fatalities'' each place it appears;
(D) in paragraph (1), by inserting ``below the
Under Secretary of Defense (Acquisition, Technology and
Logistics)'' after ``delegation''; and
(E) by amending paragraph (4) to read as follows:
``(4) The Secretary of Defense shall notify the
congressional defense committees within 15 days after the end
of each quarter of the fiscal year with regard to each
determination made under paragraph (1) during that quarter. For
each determination, such notice shall identify--
``(A) the equipment and services being acquired;
``(B) the amount being expended for each
acquisition; and
``(C) the source of funds for each acquisition.'';
and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``or service'' after
``equipment'' each place it appears;
(ii) in subparagraph (B), by striking
``or''; and
(iii) in subparagraph (C), by striking the
period and inserting ``; or''; and
(B) by adding at the end the following new
subparagraph:
``(D) domestic source or content restrictions that
would inhibit or impede the rapid acquisition of the
equipment or service.''.
SEC. 804. 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. 805. QUALITY CONTROL IN PROCUREMENT OF SHIP CRITICAL SAFETY ITEMS
AND RELATED SERVICES.
(a) Quality Control Policy.--The Secretary of Defense shall
prescribe in regulations a quality control policy for the procurement
of ship critical safety items and the procurement of modifications,
repair, and overhaul of such items.
(b) Content of Regulations.--The policy set forth in the
regulations shall include the following requirements:
(1) That the head of the design control activity for ship
critical safety items establish processes to identify and
manage the procurement, modification, repair, and overhaul of
ship critical safety items.
(2) That the head of the contracting activity for a ship
critical safety item enter into a contract for the procurement,
modification, repair, or overhaul of such item only with a
source on a Qualified Manufacturers List or a source approved
by the design control activity in accordance with section 2319
of title 10, United States Code.
(3) That the ship critical safety items delivered, and the
services performed with respect to ship critical safety items,
meet all technical and quality requirements specified by the
design control activity.
(c) Definitions.--In this section, the terms ``ship critical safety
item'' and ``design control activity'' have the meanings given such
terms in section 2319(g) of title 10, United States Code, as amended by
subsection (d).
(d) Conforming Amendments.--Section 2319 of title 10, United States
Code, is amended--
(1) in subsection (c)(3), by inserting ``or ship'' after
``aviation''; and
(2) in subsection (g)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The term `ship critical safety item' means any ship
part, assembly, or support equipment containing a critical
characteristic whose failure, malfunction, or absence may cause
a catastrophic or critical failure resulting in loss or serious
damage to the ship, or unacceptable risk of personal injury or
loss of life.''; and
(C) in paragraph (3) (as redesignated)--
(i) by inserting ``or ship'' after
``aviation'' the first place it appears; and
(ii) by inserting ``or the seaworthiness of
a ship system or equipment'' after
``equipment''.
SEC. 806. EXTENSION OF SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.
Section 804 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1541), as amended by section
852 of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2021), is further
amended in subsection (d) by striking ``September 30, 2006'' and
inserting ``September 30, 2007''.
SEC. 807. DEFENSE ACQUISITION CHALLENGE PROGRAM.
Section 2359b of title 10, United States Code, is amended by
striking subsection (j).
Subtitle B--United States Defense Industrial Base Provisions
SEC. 811. REPEAL OF THE MILITARY SYSTEM BREAKOUT LIST.
Section 813 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1543) is repealed.
Subtitle C--National Defense Stockpile
SEC. 821. REVISION OF LIMITATIONS ON REQUIRED DISPOSALS OF CERTAIN
MATERIALS IN NATIONAL DEFENSE STOCKPILE.
(a) National Defense Authorization Act for Fiscal Year 1997.--
Section 3303 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2855; 50 U.S.C. 98d note), as
amended by section 3402(f) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 973), and section
3304(c) of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 115 Stat. 1390), is further amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following new paragraph:
``(2) $720,000,000 during the twelve-fiscal year period
ending September 30, 2008.''; and
(2) in subsection (b)(2), by striking ``10-fiscal year
period'' and inserting ``12-fiscal year period''.
(b) National Defense Authorization Act for Fiscal Year 1998.--
Section 3305(a)(5) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2057; 50 U.S.C. 98d note), as
amended by section 3305 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1390), is further
amended by striking ``2006'' and inserting ``2008''.
(c) National Defense Authorization Act for Fiscal Year 1999.--
Section 3303(a) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2263; 50 U.S.C.
98d note), as amended by section 3302 of the Ronald W. Reagan National
Defense Authorization Act for Year 2005 (Public Law 108-375; 118 Stat.
2193), and section 3302(a) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3545), is further
amended--
(1) by striking ``and'' at the end of paragraph (5); and
(2) by striking paragraph (6) and inserting the following
new paragraphs:
``(6) $1,000,000,000 by the end of fiscal year 2013; and
``(7) $1,365,000,000 by the end of fiscal year 2014.''.
Subtitle D--Other Matters
SEC. 831. CLARIFICATION OF JURISDICTION OF THE UNITED STATES DISTRICT
COURTS TO HEAR BID PROTEST DISPUTES INVOLVING MARITIME
CONTRACTS.
Section 1491 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(d) Jurisdiction over any actions described under subsection
(b)(1) arising out of a maritime contract or a proposed maritime
contract shall be governed by this section, and shall not be subject to
the jurisdiction of the District Courts of the United States under the
Act of March 9, 1920, as amended (41 Stat. 525, as amended, 46 U.S.C.
741-752) or the Act of March 3, 1925, as amended (43 Stat. 1112, as
amended, 46 U.S.C. 781-790).''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Department of Defense Management Matters
SEC. 901. UNITED STATES MARINE BAND AND UNITED STATES MARINE DRUM AND
BUGLE CORPS.
(a) In General.--Section 6222 of title 10, United States Code, is
amended to read as follows:
``Sec. 6222. United States Marine Band and United States Marine Drum
and Bugle Corps: composition; appointment and promotion
``(a) The band of the Marine Corps shall be composed of one
director, two assistant directors, and other personnel in such numbers
and grades as the Secretary of the Navy determines to be necessary.
``(b) The Drum and Bugle Corps of the Marine Corps shall be
composed of one commanding officer and other personnel in such numbers
and grades as the Secretary of the Navy determines to be necessary.
``(c) The Secretary shall prescribe regulations for the appointment
and promotion of members of the Marine Band and members of the Marine
Drum and Bugle Corps and the President may from time to time appoint
them to grades not above the grade of captain. The President's
authority to appoint members to grades not above captain under this
section may be delegated only to the Secretary of Defense without
further re-delegation. The President, by and with the advice and
consent of the Senate, may from time to time appoint members to grades
above the grade of captain.
``(d) Unless otherwise entitled to higher retired grade and retired
pay, a member who holds, or has held, an appointment under this section
is entitled, when retired, to be retired in, and with retired pay based
on, the highest grade held under this section in which the Secretary
determines that he served satisfactorily.
``(e) The Secretary may revoke any appointment of a member of the
Marine Band or Marine Drum and Bugle Corps. When a member's appointment
to a commissioned grade under this section terminates, the member is
entitled, at his option--
``(1) to be discharged from the Marine Corps; or
``(2) to revert to the grade and status he held at the time
of his designation.''.
(b) Clerical Amendment.--The table of sections for chapter 565 of
such title is amended by striking the item relating to section 6222 and
inserting the following new item:
``6222. United States Marine Band and United States Marine Drum and
Bugle Corps: composition; appointment and
promotion.''.
SEC. 902. ELIMINATION OF DUPLICATIVE VOTING ASSISTANCE INSTALLATION
VISITS.
Section 1566 of title 10, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), (h) and (i)
as subsections (d), (e), (f), (g), and (h), respectively.
Subtitle B--Space Activities
SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR PROVISION OF
SPACE SURVEILLANCE NETWORK SERVICES TO NON-UNITED STATES
GOVERNMENT ENTITIES.
Section 2274(i) of title 10, United States Code, is amended by
striking ``shall be conducted during the three-year period beginning on
a date specified by the Secretary of Defense, which date shall be not
later than 180 days after the date of the enactment of this section''
and inserting ``may be conducted through September 30, 2009''.
SEC. 912. DESIGNATION OF SUCCESSOR ORGANIZATIONS FOR THE DISESTABLISHED
INTERAGENCY GLOBAL POSITIONING EXECUTIVE BOARD.
Section 8 of the Commercial Space Transportation Competitiveness
Act of 2000 (Public Law 106-405; 114 Stat. 1753) is amended by striking
``the Interagency Global Positioning System Executive Board, including
an Executive Secretariat to be housed at the Department of Commerce''
and inserting ``the National Space-Based Positioning, Navigation, and
Timing Executive Committee, the National Space-Based Positioning,
Navigation, and Timing Coordination Office, and the National Space-
Based Positioning, Navigation, and Timing Advisory Board, or successor
organizations''.
Subtitle C--Intelligence-Related Matters
SEC. 921. PERMANENT AUTHORITY FOR DEFENSE INTELLIGENCE COMMERCIAL
ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended by
striking the last sentence.
SEC. 922. DEFENSE INFORMATION SYSTEMS AGENCY.
Section 193(f)(1) of title 10, United States Code, is amended to
read as follows:
``(1) The Defense Information Systems Agency.''.
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.
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.
SEC. 924. AUTHORITY FOR THE NATIONAL SECURITY AGENCY TO COLLECT SERVICE
CHARGES FOR CERTIFICATION OR VALIDATION OF INFORMATION
ASSURANCE PRODUCTS.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended by adding at the end the following new section:
``Sec. 20. The Director may collect charges for evaluating,
certifying, or validating information assurance products under the
National Information Assurance Program or successor program. Such
charges may be based upon fixed prices or costs. The appropriation or
fund bearing the cost of the service may be reimbursed, or the Director
may require advance payment subject to such adjustment on completion of
the work as may be agreed upon. Amounts collected are hereby made
available for the National Information Assurance Program.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE BUDGET REQUEST FOR
PROCUREMENT OF RESERVE EQUIPMENT.
Section 114(e) of title 10, United States Code, is repealed.
SEC. 1002. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE
DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization Act, 1986
(31 U.S.C. 1105 note) is repealed.
SEC. 1003. ACCEPTANCE AND RETENTION OF REIMBURSEMENT FROM NON-FEDERAL
SOURCES TO DEFRAY DEPARTMENT OF DEFENSE CONFERENCE COSTS.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2016. Conference funding
``(a) In General.--The Secretary of Defense may, directly or by
contract, collect fees from individual or commercial participants in a
conference, seminar, exhibition, symposium or similar meeting
(hereinafter referred to collectively as a `conference') conducted by
and in the interests of the Department of Defense. Fees for a
conference shall be established at rates no greater than necessary to
defray the estimated costs of the conference.
``(b) Crediting of Receipts.--(1) Amounts received by the
Department under this section shall be credited to the appropriation
from which the conference costs were paid. Amounts received in excess
of actual costs incurred shall be deposited into the Treasury as
miscellaneous receipts.
``(2) Amounts received by a contractor under this section may be
used to pay for the expenses of a conference, to reimburse the
Department for conference costs, or to defray other authorized costs
under a conference contract.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2016. Conference funding.''.
SEC. 1004. INCREASED FLEXIBILITY IN THE USE OF JOINT STAFF EXERCISE
FUNDS.
Section 166 of title 10, United States Code, is amended--
(1) in subsection (b)(1), by inserting ``, including some
service expenses'' after ``Joint exercises''; and
(2) by adding at the end the following new subsection:
``(d) Funding of Exercises.--The funding authorized in this section
may include the following:
``(1) exercise-related expenses of the Armed Forces, to
include self-deploying watercraft owned by the military
departments;
``(2) port support activity costs, to include
transportation and port handling; and
``(3) the breakout and operation of prepositioned
watercraft and lighterage for joint logistics over the shore
exercises.
Any amounts provided by the Chairman of the Joint Chiefs of Staff
during any fiscal year out of such funds shall be in addition to
amounts otherwise available for that activity for that fiscal year.''.
SEC. 1005. RETENTION AND USE OF PROCEEDS OF SALES OF M109 HOWITZERS
UNDER THE ARMS EXPORT CONTROL ACT TO PROCURE M109-BASED
VEHICLES.
Section 114(c)(2) of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) from the sale of M109 howitzers from stock of
the Department of Defense that have been identified by
the Secretary of the Army and that are neither excess
defense articles nor defense articles intended to be
replaced--
``(i) shall be deposited into the
Procurement of Weapons and Tracked Combat
Vehicles, Army appropriations account and shall
be available--
``(I) to purchase a defense article
that has a function similar to the M109
howitzer sold; or
``(II) to procure or upgrade M109-
based vehicles, including resupply and
command and control vehicles.
``(ii) Such amounts shall be available for
obligation in the fiscal year following the
fiscal year in which they are received, and for
three years thereafter.
``(iii) The authority of this subparagraph
shall expire on September 30, 2012.''.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. AUTHORITY TO REQUEST TRANSFER TO FOREIGN NATIONS BY VESSEL
CLASS.
Section 7307(a) of title 10, United States Code, is amended by
inserting ``or vessel of that class'' after ``that vessel''.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF AUTHORITY TO PROVIDE DEPARTMENT OF DEFENSE
SUPPORT FOR COUNTER-DRUG ACTIVITIES OF OTHER GOVERNMENTAL
AGENCIES.
Section 1004(a) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 374 note), as amended
by section 1021 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1212), is further amended by
striking ``2002 through 2006'' and inserting ``2006 through 2011''.
SEC. 1022. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND COUNTERTERRORISM
CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042) is
amended--
(1) in subsection (a)(1), by striking ``2005 and 2006'' and
inserting ``2007 and 2008''; and
(2) in subsection (c), by striking ``2005 and 2006'' and
inserting ``2007 and 2008''.
SEC. 1023. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL
SUPPORT FOR COUNTER DRUG ACTIVITIES.
(a) National Defense Authorization Act for Fiscal Year 1997.--
Section 1033 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1881), as amended by section 1021 of
the National Defense Authorization Act for Fiscal Year 2004, (Public
Law 108-136, 117 Stat. 1593) is further amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``shall consult
with'' and inserting ``will seek concurrence of''; and
(B) in paragraph (2), by striking ``2006'' and
inserting ``2011'';
(2) in subsection (b), by adding at the end of the
following new paragraphs:
``(10) The Government of Azerbaijan.
``(11) The Government of Kazakhstan.
``(12) The Government of Kyrgyzstan.
``(13) The Government of Niger.
``(14) The Government of Mauritania.
``(15) The Government of Mali.
``(16) The Government of Chad.
``(17) The Government of Indonesia.
``(18) The Government of Philippines.
``(19) The Government of Thailand.
``(20) The Government of Malaysia.
``(21) The Government of Guatemala.
``(22) The Government of Belize.
``(23) The Government of Panama.''.
(3) in subsection (c)(2), by inserting ``, vehicles,
aircraft, and detection, interception, monitoring and testing
equipment'' after ``boats''; and
(4) in subsection (e)(2)--
(A) by striking ``$40,000,000'' and inserting
``$80,000,000''; and
(B) by striking ``2006'' and inserting ``2011''.
(b) National Defense Authorization Act for Fiscal Year 1997.--
Section 1031(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2637) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) The transfer of nonlethal components, accessories,
attachments, parts (including ground support equipment),
firmware, and software, and related repair equipment related to
the equipment in paragraph (2).''; and
(2) by adding at the end the following new paragraph:
``(5) The sustainment, including individual and crew served
weapons and ammunition, of counterdrug security forces.''.
SEC. 1024. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER DRUG ACTIVITIES.
Section 1021(a) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1212), is amended by
striking ``2002 through 2006'' and inserting ``2007 through 2011''.
Subtitle D--Matters Related to Homeland Security
SEC. 1031. DUTIES RELATING TO DEFENSE AGAINST WEAPONS OF MASS
DESTRUCTION.
Section 12310(c)(1) of title 10, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) the intentional or unintentional release of
nuclear, biological, radiological, or toxic or
poisonous chemical materials likely to result in
catastrophic loss of life or property.''.
SEC. 1032. 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.
SEC. 1033. EXPANSION OF OPERATIONS OF CIVIL SUPPORT TEAMS.
(a) In General.--Section 12310(c) of title 10, United States Code,
is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) the use or threatened use of a weapon of mass
destruction (as defined in section 12304(i)(2) of this title)
in the United States, Canada, or the United Mexican States;'';
(B) in subparagraph (B)--
(i) by inserting ``, in Canada, or the
United Mexican States'' after ``United
States''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(C) the intentional or unintentional release of nuclear,
biological, radiological, or toxic or poisonous chemical
materials in the United States, Canada, or the United Mexican
States that results, or could result, in catastrophic loss of
life or property; or
``(D) a natural or manmade disaster in the United States,
Canada, or the United Mexican States that results, or could
result, in catastrophic loss of life or property.'';
(2) by amending paragraph (3) to read as follows:
``(3)(A) A Reserve may perform duties described in subparagraphs
(1)(A), (1)(B), and (1)(C)--
``(i) only while assigned to a reserve component civil
support team; and
``(ii) if performing those duties in Canada or the United
Mexican States, only after being ordered to active duty under
this title.
``(B) A Reserve may perform the duties described in subparagraph
(1)(D)--
``(i) only while assigned to a reserve component civil
support team;
``(ii) only with the approval of the Secretary of Defense;
and
``(iii) if performing those duties in Canada or the United
Mexican States, only after being ordered to active duty under
this title.
``(C) Any duties described in paragraph (1) that are performed in
Canada or the United Mexican States may occur, with consultation of the
Secretary of State, at any distance beyond the United States borders
with those countries as appropriate authorities in those countries may
consent.''; and
(3) by adding at the end the following new paragraph:
``(7) In this subsection, the term `United States' means each of
the several States, the District of Columbia, Puerto Rico, Guam, and
the Virgin Islands.''.
(b) Technical and Conforming Amendments.--Such subsection is
further amended--
(1) by amending the heading to read as follows:
``(c) Operations Relating to Defense Against Weapons of Mass
Destruction, Terrorist Attacks, and Natural or Manmade Disasters.--'';
(2) in paragraph (5), by striking ``rapid assessment
element team'' and inserting ``civil support team''; and
(3) in paragraph (6)(B), by striking ``paragraph (3)(B)''
and inserting ``paragraph (3)''.
Subtitle E--Other Matters
SEC. 1041. HARMONIZING THE DEFINITION OF NATIONAL SECURITY SYSTEM
WITHIN THE DEPARTMENT OF DEFENSE.
(a) Defense Business Systems.--Section 2222(j)(6) of title 10,
United States Code, is amended by striking ``in section 2315 of this
title'' and inserting ``by section 3542(b)(2) of title 44''.
(b) Information Technology.--Section 2223(c)(3) of such title is
amended by striking ``section 11103 of title 40'' and inserting
``section 3542(b)(2) of title 44''.
(c) Procurement of Automatic Data Processing Equipment and
Services.--Section 2315 of such title is amended to read as follows:
``For the purposes of subtitle III of title 40, the term `national
security systems' has the meaning given that term by section 3542(b)(2)
of title 44.''.
SEC. 1042. AMENDMENT TO DELEGATION AUTHORITY FOR ASSISTANCE IN
COMBATING TERRORISM.
Section 127b of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)(B), by inserting ``, or to a
subcombatant commander designated by a combatant
commander and approved by the designated Under
Secretary of Defense under subparagraph (A)'' after
``combatant command''; and
(B) in paragraph (2), by striking ``$2,500'' and
inserting ``$10,000''; and
(2) in subsection (f)(2)(C)--
(A) by inserting ``and'' at the end of clause (i);
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii).
SEC. 1043. DEFENSE ECONOMIC ADJUSTMENT PROGRAM: RESEARCH AND TECHNICAL
ASSISTANCE.
Section 2391 of title 10, United States Code, is amended by
inserting after subsection (b) the following new subsection (c):
``(c) Research and Technical Assistance.--(1) The Secretary of
Defense may make grants, conclude cooperative agreements, and enter
into contracts in order to conduct research and technical assistance in
support of activities under this section or Executive Order 12788, as
amended.
``(2) A grant, cooperative agreement, or contract under this
subsection may be with or to a Federal agency, a State or local
government, or any private entity.''.
SEC. 1044. CLARIFICATION OF GOVERNMENT STANDING UNDER THE LANHAM ACT TO
TAKE A CIVIL ACTION FOR FALSE DESIGNATIONS OF ORIGIN,
FALSE DESCRIPTIONS AND FALSE REPRESENTATIONS.
-Section 43(a) of the Trademark Act of 1946 (15 U.S.C. 1125(a)) is
amended--
(1) in paragraph (1), by striking ``any person who believes
that he or she is or is likely'' and inserting ``by any person,
including the United States when the United States is a
consumer or the owner of a trademark, who believes that he,
she, or it is or is likely''; and
(2) in paragraph (2)--
(A) by inserting ``the United States,'' after
``includes''; and
(B) by striking ``Any'' and inserting ``The United
States, any''.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. PERMIT CONTINUED APPLICATION OF SENIOR EXECUTIVE SERVICE
PROVISIONS FOR CERTAIN NONCAREER SENIOR EXECUTIVE SERVICE
MEMBERS AND CHIEFS OF MISSION AFTER APPOINTMENT TO NON-
SENIOR EXECUTIVE SERVICE OR CHIEF OF MISSION POSITIONS.
(a) Senior Executive Service.--Section 3392(c) of title 5, United
States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``, or a noncareer appointee who
has served under a noncareer appointment for at least
180 days without a break in service,'' after ``a career
appointee''; and
(B) by striking ``the career appointee'' both
places it appears and inserting ``the career or
noncareer appointee'';
(2) in paragraph (2), by inserting ``, or any noncareer
appointee who has served under a noncareer appointment for at
least 180 days without a break in service,'' after ``any career
appointee''; and
(3) by adding at the end the following new paragraph:
``(3) An employee who makes an election under paragraph (1)
or (2) will be subject to the provisions of section
207(c)(2)(i) of title 18.''.
(b) Cheif of Mission.--Section 302 of the Foreign Service Act of
1980 (22 U.S.C. 3942), is amended by adding at the end the following
new subsection:
``(c) If a chief of mission who has served under an appointment
pursuant to subsection (a)(1) for at least 180 days without a break in
service is appointed by the President, by and with the advice and
consent of the Senate, to a civilian position in the executive branch
which is not in the Senior Executive Service, or a subsequent
appointment pursuant to subsection (a)(1), and the rate of basic pay
payable for which is equal to or greater than the rate payable for
level V of the Executive Schedule, the appointee may elect to continue
to have the provisions of section 401 apply as if the appointee
remained in the chief of mission position from which he was appointed.
Such provisions shall apply in lieu of the provisions which would
otherwise apply so long as the appointee continues to serve under such
Presidential appointment.''.
SEC. 1102. PAYMENT OF FULL REPLACEMENT VALUE FOR PERSONAL PROPERTY
CLAIMS OF CIVILIANS.
Section 2636a(a) of title 10, United States Code, is amended by
inserting ``and Department of Defense civilian employees'' after
``members of the armed forces''.
SEC. 1103. FLEXIBILITY IN PAYING ANNUITY TO FEDERAL RETIREES WHO RETURN
TO WORK.
Section 9902(j) of title 5, United States Code, is amended to read
as follows:
``(j) Provisions Relating to Reemployment.--(1) The Secretary of
Defense may, under procedures and criteria prescribed under paragraph
(2), waive the application of the provisions of section 8344 or 8468 of
this title on a case-by-case or group basis for employment of an
annuitant in a position in the Department of Defense.
``(2) The Secretary shall prescribe procedures for the exercise of
any authority under this subsection, including criteria for any
exercise of authority and procedures for a delegation of authority.
``(3) An employee as to whom a waiver under this subsection is in
effect shall not be considered an employee for purposes of subchapter
III of chapter 83, or chapter 84 of this title.''.
SEC. 1104. REPEAL OF LIMITATION ON APPOINTMENT OF RETIRED MEMBERS OF
THE ARMED FORCES TO POSITIONS IN THE DEPARTMENT OF
DEFENSE.
Section 3326 of title 5, United States Code, is repealed.
SEC. 1105. EXPAND POOL OF JOBS THAT COUNT FOR CREDIT UNDER SERVICE
AGREEMENTS REQUIRED BY THE NATIONAL SECURITY EDUCATION
PROGRAM.
Section 802(b)(2) of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1902(b)(2)) is amended to read as follows:
``(2)(A) will begin work not later than three years after
the recipient's completion of degree study during which
scholarship assistance was provided under the program, in
accordance with regulations issued by the Secretary of Defense,
in coordination with the relevant Executive departments and
agencies--
``(i) for no less than one year in a position
certified by the Secretary of Defense, in coordination
with the Secretaries of State and Homeland Security and
the Director of National Intelligence, as appropriate,
as contributing to U.S. national security in the
Department of Defense, any element of the Intelligence
Community, the Department of Homeland Security, or the
Department of State;
``(ii) for no less than one year in a position in a
Federal agency or office that is identified by the
Secretary under subsection (g) of this section as
having national security responsibilities if the
recipient demonstrates to the Secretary that no
position is available in the agencies set forth in
clause (i); or
``(iii) for no less than one academic year in a
position in the field of education in a discipline
related to the study supported by National Security
Education Program if the recipient demonstrates to the
Secretary that no position is available in the entities
set forth in clauses (i) or (ii); or
``(B) will begin work not later than two years after the
recipient's completion or termination of study for which
fellowship assistance was provided under the program, in
accordance with regulations issued by the Secretary of Defense,
in coordination with the relevant Executive departments and
agencies--
``(i) for no less than one year in a position
certified by the Secretary of Defense, in coordination
with the Secretaries of State and Homeland Security and
the Director of National Intelligence, as appropriate,
as contributing to U.S. national security in the
Department of Defense, any element of the Intelligence
Community, the Department of Homeland Security, or the
Department of State;
``(ii) for no less than one year in a position in a
Federal agency or office that is identified by the
Secretary under subsection (g) of this section as
having national security responsibilities if the
recipient demonstrates to the Secretary that no
position is available in the agencies set forth in
clause (i); or
``(iii) for no less than one academic year in a
position in the field of education in a discipline
related to the study supported by National Security
Education Program if the recipient demonstrates to the
Secretary that no position is available in the entities
set forth in clauses (i) or (ii).''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. LOGISTIC SUPPORT OF ALLIED FORCES FOR COMBINED OPERATIONS.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 127b the following new section:
``Sec. 127c. Logistic support of allied forces for combined operations
``(a) Authority.--The Secretary of Defense, with the concurrence of
the Secretary of State, subject to the limitations of subsections (b)
and (c) and notwithstanding any other provision of law, may use funds
available to the Department of Defense for operations and maintenance
to provide logistic support, supplies, and services, as defined in
section 2350(1) of this title, to allied forces participating in
combined operations with the armed forces of the United States.
``(b) Limitations.--The authority conferred in subsection (a) is
limited to--
``(1) combined operations during a period of active
hostilities, a contingency, or a non-combat operation
(including operations in support of the provision of
humanitarian or foreign disaster assistance, country
stabilization operations, or peacekeeping operations under
chapter VI or VII of the Charter of the United Nations); and
``(2) circumstances in which the Secretary of Defense
determines the allied forces to be provided logistic support,
supplies, and services under this section are essential to the
success of the combined operation, and would not be able to
participate in the combined operation but for the provision of
such logistic support, supplies, and services.
``(c) Limitation on Value.--The value of logistic support,
supplies, and services (including airlift and sealift) provided under
this section may not exceed $100,000,000 in any fiscal year. A maximum
of an additional $20,000,000 per year may be provided during the
periods in subsection (b) or at other times to allied forces to ensure
interoperability of their logistical support systems with those of the
United States to facilitate future combined operations.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
127b the following new item:
``127c. Logistic support of allied forces for combined operations.''.
SEC. 1202. CHANGE TO ACQUISITION AND CROSS SERVICING AGREEMENTS
DEFINITION TO ALLOW LOAN OF SIGNIFICANT MILITARY
EQUIPMENT.
Section 2350(1) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``, except that
such items of significant military equipment may be provided for
temporary use, not to exceed one year, to armed forces of nations
participating in combined operations with United States Forces for
personnel protection or to aid in personnel survivability, if the
Secretary of Defense, with the concurrence of the Secretary of State,
determines in writing that it is in the best interests of the United
States to provide such support''.
SEC. 1203. EXPANSION OF HUMANITARIAN AND CIVIC ASSISTANCE TO INCLUDE
DEVELOPING COMMUNICATIONS AND INFORMATION CAPACITY.
Section 401 of title 10, United States Code, is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(5) Expenses covered by paragraph (1) include communications or
information systems equipment or supplies that are to be transferred or
otherwise furnished to a foreign country in furtherance of the
provision of assistance under this section.''; and
(2) in subsection (e), by adding at the end the following
new paragraph:
``(6) Restoring or developing the capacity of the host nation's
information and communications technology where required to support
other humanitarian and civic assistance currently being provided,
including activities relating to the furnishing of education, training,
and technical assistance with respect to information and communications
technology.''.
Subtitle B--Reports
SEC. 1211. RELIEF OF REQUIREMENT TO SUBMIT CERTAIN ANNUAL REPORTS TO
CONGRESS REGARDING ALLIED CONTRIBUTIONS TO THE COMMON
DEFENSE.
(a) Repeal of Certain Reports on Allied Contributions to the Common
Defense.--Section 1003 of the Department of Defense Authorization Act,
1985 (Public Law 98-525; 98 Stat. 2576) is amended by striking
subsections (c) and (d).
(b) Repeal of Cost-Sharing Report.--Section 1313 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2894) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
Subtitle C--Other Matters
SEC. 1221. EXCLUSION OF PETROLEUM, OIL AND LUBRICANTS FROM THE
LIMITATIONS ON THE AMOUNT OF LIABILITIES THE UNITED
STATES MAY ACCRUE UNDER ACQUISITION AND CROSS-SERVICING
AGREEMENTS.
Section 2347 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) The monetary limitations contained in this section shall not
apply to the sale, purchase or exchange of petroleum, oil and
lubricants.''.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. TEMPORARY AUTHORITY TO WAIVE LIMITATION FUNDING FOR CHEMICAL
WEAPONS DESTRUCTION FACILITY IN RUSSIA.
Section 1303(b) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2094) is amended by striking ``shall expire on December 31, 2006, and
no waiver shall remain in effect after that date'' and inserting
``shall expire upon completion of the chemical weapons destruction
facility currently under construction''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2007''.
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
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alaska........................ Fort Richardson....... $72,300,000
California.................... Fort Irwin............ $10,000,000
Colorado...................... Fort Carson........... $24,000,000
Georgia....................... Fort Gillem........... $15,000,000
Fort Stewart/Hunter $95,300,000
Army Air Field.
Hawaii........................ Schofield Barracks.... $54,500,000
Kansas........................ Fort Leavenworth...... $15,000,000
Fort Riley............ $37,200,000
Kentucky...................... Blue Grass Army Depot. $3,500,000
Fort Campbell......... $115,400,000
Missouri...................... Fort Leonard Wood..... $17,000,000
New York...................... Fort Drum............. $209,200,000
North Carolina................ Fort Bragg............ $89,000,000
Sunny Point (Military $46,000,000
Ocean Terminal).
Oklahoma...................... McAlester Army $3,050,000
Ammunition Plant.
Texas......................... Fort Hood............. $75,000,000
Utah.......................... Dugway Proving Ground. $14,400,000
Virginia...................... Fort Belvoir.......... $58,000,000
Washington.................... Fort Lewis............ $502,600,000
-----------------
Total............. $1,456,450,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Grafenwoehr............ $157,632,000
Vilseck................ $19,000,000
Italy.......................... Vicenza................ $223,000,000
Japan.......................... Okinawa................ $7,150,000
Korea.......................... Camp Humphreys......... $77,000,000
Yongpyong.............. $7,400,000
---------------
Total.............. $491,182,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Classified..................... Unspecified Worldwide.. $34,800,000
---------------
Total.............. $34,800,000
------------------------------------------------------------------------
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, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Richardson............... 162 Units............... $70,000,000
Fort Wainwright............... 234 Units............... $132,000,000
Arizona............................... Fort Huachuca................. 119 Units............... $32,000,000
Arkansas.............................. Pine Bluff Arsenal............ 10 Units................ $2,900,000
Wisconsin............................. Fort McCoy.................... 13 Units................ $4,900,000
---------------
Total............... $241,800,000
----------------------------------------------------------------------------------------------------------------
(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 $16,332,000.
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 $336,859,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2006,
for military construction, land acquisition, and military family
housing functions of the Department of the Army in the total amount of
$3,331,582,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,150,450,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $491,182,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2101(c), $34,800,000.
(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, $212,830,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $594,991,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $676,829,000.
(7) For the construction of increment 2 of a barracks
complex at Fort Drum, New York, 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),
$16,500,000.
(8) For the construction of increment 2 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), $37,000,000.
(9) For the construction of increment 2 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), $50,000,000.
(10) For the construction of increment 2 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), $31,000,000.
(11) For the construction of phase 2 of the Defense Access
Road at Fort Belvoir, Virginia, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat. 3486),
$13,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and 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) $306,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a Brigade Complex for
Fort Lewis, Washington).
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
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $5,966,000
Station, Yuma.
California..................... Marine Corps Base, Camp $112,554,000
Pendleton.
Miramar................ $2,968,000
North Island........... $21,535,000
Twentynine Palms....... $8,217,000
Florida........................ Naval Air Station, $13,486,000
Pensacola.
Georgia........................ Marine Corps Logistics $62,000,000
Base, Albany.
Navy Submarine Base, $20,282,000
Kings Bay.
Hawaii......................... Naval Base, Pearl $48,338,000
Harbor.
Maryland....................... Naval Air Station, $16,316,000
Patuxent River.
Suitland............... $11,780,000
North Carolina................. Marine Corps Air $21,500,000
Station, New River.
Marine Corps Base, Camp $160,904,000
Lejeune.
South Carolina................. Marine Corps Air $22,225,000
Station, Beaufort.
Virginia....................... Marine Corps Base, $30,628,000
Quantico.
Naval Station, Norfolk. $75,476,000
Washington..................... Naval Air Station, $57,653,000
Whidbey Island.
Naval Submarine Base, $13,507,000
Bangor.
---------------
Total.............. $705,335,000
------------------------------------------------------------------------
(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 amount set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Diego Garcia................... Diego Garcia........... $37,473,000
Italy.......................... Sigonella.............. $13,051,000
---------------
Total.............. $50,524,000
------------------------------------------------------------------------
(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
amount set forth in the following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Various Locations.............. Helicopter Support $12,185,000
Facility.
Hockmuth Hall Addition. $1,400,000
---------------
Total.............. $13,585,000
------------------------------------------------------------------------
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, for the purposes and in
the amount set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................ Marine Corps Logistics Base 74 Units................ $27,851,000
Barstow.
Guam.................................. Naval Station, Guam........... 176 Units............... $98,174,000
---------------
Total............... $126,025,000
----------------------------------------------------------------------------------------------------------------
(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 $2,600,000.
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 $176,446,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2006,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy in the total amount of
$2,085,371,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $814,471,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $50,524,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2201(c), $23,744,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$8,939,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $67,861,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $305,071,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $509,126,000.
(7) For the construction of incremented helicopter hangar
replacement at Jacksonville, Florida, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3489), $43,250,000.
(8) For the construction of Alpha/Bravo wharves
improvements at Naval Station Guam, Marianas Islands,
authorized by section 2201(b) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3490), $29,772,000.
(9) For the construction of increment 2 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),
$23,589,000.
(10) For the construction of increment 2 of the Wesley
Brown Field House at the United States Naval Academy,
Annapolis, Maryland, 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),
$26,685,000.
(11) For the construction of increment 2 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),
$44,360,000.
(12) For the construction of increment 2 of the ship repair
pier 3 replacement at Naval Station Norfolk, Virginia,
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), $30,939,000.
(13) For the construction of increment 2 of the Bachelor
Enlisted Quarters Homeport Ashore Program at Naval Station
Everett, 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),
$20,917,000.
(14) For the construction of phase 2 of the reclamation/
conveyance at Marine Corps Base Camp Pendleton, California,
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), $33,290,000.
(15) 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. 2100), $7,926,000.
(16) For the construction of increment 3 of the limited
area production and storage complex at Naval Submarine Base
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. 2100),
$14,274,000.
(17) For the construction of increment 4 of pier 11
replacement at Naval Station Norfolk, Virginia, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1704), $30,633,000.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2004 AND 2005 PROJECTS.
(a) Fiscal Year 2004 Inside the United States Project.--The table
in section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1704), as
amended by section 2205 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3492), is further amended--
(1) in the item relating to Various Locations, CONUS, by
striking ``$56,360,000'' and inserting ``$193,260,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,489,424,000''.
(b) Fiscal Year 2005 Inside the United States Project.--The table
in section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2105), as
amended by section 2206 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3493), is further amended--
(1) by striking the item relating to Navy Outlying Landing
Field, Washington County; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$825,479,000''.
(c) Conforming Amendments.--(1) Section 2204(b)(6) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1706) is amended by striking
``$28,750,000'' and inserting ``$165,650,000''.
(2) Section 2204 of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2107) is
amended--
(A) in subsection (a), by adding at the end the following
new paragraph:
``(10) For the construction of increment 2 of Various
Locations, CONUS, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1704), $30,000,000''; and
(B) in subsection (b), by striking paragraph (3).
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
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alaska......................... Eielson Air Force Base. $38,300,000
Elmendorf Air Force $56,100,000
Base.
Arizona........................ Davis-Monthan Air Force $4,600,000
Base.
California..................... Beale Air Force Base... $28,000,000
Travis Air Force Base.. $73,900,000
Colorado....................... Buckley Air Force Base. $10,700,000
Schriever Air Force $21,000,000
Base.
Delaware....................... Dover Air Force Base... $26,400,000
Florida........................ Eglin Air Force Base... $19,350,000
Hurlburt Field......... $32,950,000
MacDill Air Force Base. $71,000,000
Tyndall Air Force Base. $1,800,000
Georgia........................ Robins Air Force Base.. $38,600,000
Hawaii......................... Hickam Air Force Base.. $28,538,000
Illinois....................... Scott Air Force Base... $20,000,000
Kentucky....................... Fort Knox.............. $3,500,000
Maryland....................... Andrews Air Force Base. $29,000,000
Nevada......................... Indian Springs Air $49,923,000
Force Auxiliary Field.
New Jersey..................... McGuire Air Force Base. $15,500,000
Oklahoma....................... Altus Air Force Base... $1,500,000
South Carolina................. Shaw Air Force Base.... $22,200,000
Texas.......................... Fort Bliss............. $8,500,000
Lackland Air Force Base $13,200,000
Utah........................... Hill Air Force Base.... $53,400,000
Virginia....................... Langley Air Force Base. $57,700,000
Wyoming........................ Francis E Warren Air $11,000,000
Force Base.
---------------
Total.............. $736,661,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Base...... $53,150,000
Guam........................... Andersen Air Force Base $80,800,000
Korea.......................... Kunsan Air Base........ $46,700,000
Osan Air Base.......... $2,156,000
---------------
Total.............. $182,806,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(4), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for unspecified installations or
locations in the amount set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Worldwide Unspecified.......... Common Battlefield $14,200,000
Airman Training
Complex.
Worldwide Classified........... Global Hawk Aircraft $26,000,000
Maintenance &
Operations Complex.
Classified Project..... $3,377,000
Classified--Special $4,600,000
Evaluation Program.
Classified............. $1,700,000
---------------
Total.............. $49,877,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes, and in
the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Eielson Air Force Base........ 129 Units............... $87,414,000
Idaho................................. Mountain Home Air Force Base.. 457 Units............... $107,800,000
Missouri.............................. Whiteman Air Force Base....... 116 Units............... $39,270,000
Montana............................... Malmstrom Air Force Base...... 493 Units............... $140,252,000
North Carolina........................ Seymour Johnson Air Force Base 56 Units................ $22,956,000
North Dakota.......................... Minot Air Force Base.......... 575 Units............... $171,188,000
Texas................................. Dyess Air Force Base.......... 199 Units............... $49,215,000
Germany............................... Ramstein Air Base............. 101 Units............... $73,488,000
Spangdahlem Air Base.......... 60 Units................ $39,294,000
United Kingdom........................ Royal Air Force Lakenheath.... 74 Units................ $35,282,000
---------------
Total............... $766,159,000
----------------------------------------------------------------------------------------------------------------
(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 $13,202,000.
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
$403,727,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2006, for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force in the total amount of $3,094,357,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $736,661,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $182,806,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c), $49,877,000.
(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, $87,504,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $1,183,138,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $755,071,000.
(7) For the construction of phase 2 of the C-17 maintenance
complex at Elmendorf Air Force Base, Alaska, 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), $30,000,000.
(8) For the construction of phase 2 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), $31,000,000.
(9) For the construction of phase 2 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), $23,300,000.
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
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity.... Fort Knox, Kentucky... $18,108,000
Defense Logistics Agency...... Marine Corps Air $8,715,000
Station Yuma, Arizona.
Beale Air Force Base, $9,000,000
California.
Defense Distribution $8,900,000
Depot, New
Cumberland,
Pennsylvania.
Fort Belvoir, Virginia $5,500,000
Naval Air Station $26,000,000
Whidbey Island,
Washington.
Augusta, Georgia...... $340,836,000
National Security Agency...... Fort Meade, Maryland.. $4,517,000
Marine Corps Base Camp $24,400,000
Pendleton, California.
Special Operations Command.... Fort Carson, Colorado. $26,100,000
Hurlburt Field, $14,482,000
Florida.
MacDill Air Force $27,300,000
Base, Florida.
Fort Campbell, $24,500,000
Kentucky.
Fort Bragg, North $60,144,000
Carolina.
Marine Corps Base Camp $51,600,000
Lejeune, North
Carolina.
Naval Air Base Little $22,000,000
Creek, Virginia.
Fort Richardson, $37,200,000
Alaska.
Tri-Care Management Activity.. Fort Irwin, California $6,050,000
Jacksonville, Florida. $16,000,000
MacDill Air Force $87,000,000
Base, Florida.
Naval Base Pearl $7,700,000
Harbor, Hawaii.
Naval Hospital Great $20,000,000
Lakes, Illinois.
Fort Detrick, Maryland $550,000,000
Fort Drum, New York... $9,700,000
Fort Hood, Texas...... $18,000,000
-----------------
Total............. $1,423,752,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Camp Ederle, Italy..... $31,460,000
Vicenza, Italy......... $15,750,000
Osan Air Base, Korea... $4,589,000
Naval Station Rota, $23,048,000
Spain.
Defense Logistics Agency....... Okinawa, Japan......... $5,000,000
Wake Island............ $2,600,000
Missile Defense Agency......... Kwajalien Atoll, $7,592,000
Kwajalien.
National Security Agency....... Royal Air Force Menwith $1,398,000
Hall Station, United
Kingdom.
Special Operations Command..... Qatar.................. $44,500,000
Tri-Care Management Activity... Vicenza, Italy......... $52,000,000
---------------
Total.............. $187,937,000
------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2404(a)(9)(A), the Secretary of the Defense may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes, and in
the amounts set forth in the following table:
Defense Agencies: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Richmond International Airport 25 Units................ $7,840,000
---------------
Total............... $7,840,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2404(a)(9)(A), the
Secretary of the Defense 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 $484,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(6), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code, in the amount of $60,000,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2006, 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
$7,085,455,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $669,034,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $217,175,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$21,672,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 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, $172,150,000.
(6) For Energy Conservation projects authorized by section
2403, $60,000,000.
(7) For base closure and realignment activities funded
through the account created pursuant to section 2906 of, and
authorized by, the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510, as amended;
10 U.S.C. 2687 note), $191,220,000.
(8) For base closure and realignment activities funded
through the account created pursuant to section 2906A of, and
authorized by, the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510, as amended;
10 U.S.C. 2687 note), $5,626,223,000.
(9) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $8,808,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $48,506,000.
(C) For credit to the Department of Defense Family
Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code, $2,500,000.
(10) For the construction of 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), $47,016,000.
(11) For the construction of increment 2 of the classified
material conversion facility at Fort Meade, Maryland,
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), $11,151,000.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2006 PROJECT.
The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public Law 109-
163; 119 Stat. 3497) is amended under the agency heading relating to
National Security Agency, in the item relating to Kunia, Hawaii, by
striking ``$305,000,000'' in the amount column and inserting
``$350,490,000''.
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, 2006, 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 $220,985,000.
TITLE XXVI--CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE
SEC. 2601. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2006, for military construction and land
acquisition for Chemical Demilitarization in the total amount of
$130,993,000, as follows:
(1) For the construction of phase 8 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.
2697), $41,836,000.
(2) For the construction of phase 7 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 of 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. 2697),
$89,157,000.
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, 2006, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the reserve components, and for contributions therefor, 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, $473,197,000; and
(B) for the Army Reserve, $166,487,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $48,408,000.
(3) For the Department of the Air Force-
(A) for the Air National Guard of the United
States, $125,788,000; and
(B) for the Air Force Reserve, $44,936,000.
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 XXVIII 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 therefor) shall expire on the later
of--
(1) October 1, 2009; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2010.
(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 therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2009; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2010 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 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. 1704), authorizations set forth in the
tables in subsection (b), as provided in sections 2101, 2301, 2302,
2401, and 2701 of that Act, shall remain in effect until October 1,
2007, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2008, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 2004 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright............... Multi-purpose Training $47,000,000
Range Complex.
Hawaii................................ Helemano Military Reservation. Land Easement........... $1,400,000
Massachusetts......................... Natick Soldier System Center.. Thermal Test Facility... $5,500,000
Virginia.............................. Fort Belvoir.................. NGIC Land Acquisition... $7,000,000
Fort Lee...................... Fire & Emergency $3,850,000
Services Center (Ph 2).
Italy................................. Aviano........................ Joint Deployment $15,500,000
Facility (Ph 1).
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 2004 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Travis Air Force Base......... Replace Family Housing $12,723,000
(56 units).
Delaware.............................. Dover Air Force Base.......... Replace Family Housing $19,601,000
(112 units).
Florida............................... Eglin Air Force Base.......... Replace Family Housing $32,166,000
(279 units).
Hawaii................................ Hickam Air Force Base......... Expand Strategic Airlift $10,102,000
Parking Ramp.
Texas................................. Dyess Air Force Base.......... Replace Family Housing $19,973,000
(116 units).
Randolph Air Force Base....... Replace Family Housing $13,754,000
(96 units).
----------------------------------------------------------------------------------------------------------------
Defense Wide: Extension of 2004 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Agency Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency.............. Hickam AFB, Hawaii............ Replace Hydrant Fuel $14,100,000
System.
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2004 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
New Mexico............................ Albuquerque................... Readiness Center, Add/ $2,533,000
Alt (ADRS).
Pennsylvania.......................... Fort Indiantown Gap........... Multi-purpose Training $15,338,000
Range.
----------------------------------------------------------------------------------------------------------------
SEC. 2803. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2003
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2681), authorizations set forth in the
tables in subsection (b), as provided in section 2302 of that Act,
shall remain in effect until October 1, 2006, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2007, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Air Force: Extension of 2003 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Eglin Air Force Base.......... Replace Family Housing $15,906,000
(134 units).
Eglin Air Force Base.......... Replace Housing Office.. $597,000
Mississippi........................... Keesler Air Force Base........ Replace Family Housing $16,505,000
(117 units).
Texas................................. Randolph Air Force Base....... Replace Family Housing $14,311,000
(112 units).
Randolph Air Force Base....... Replace Family Housing $447,000
Maintenance Facility.
----------------------------------------------------------------------------------------------------------------
TITLE XXIX--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2901. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.
(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. 2902. PILOT PROJECTS FOR ACQUISITION OR CONSTRUCTION OF MILITARY
UNACCOMPANIED HOUSING.
Section 2881a of title 10, United States Code, is amended--
(1) in subsection (d)(2), by striking ``90'' and inserting
``30'';
(2) in subsection (e)(2), by striking ``90'' and inserting
``30''; and
(3) in subsection (f), by striking ``2007'' and inserting
``2009''.
SEC. 2903. AUTHORIZE USE OF OPERATION AND MAINTENANCE FUNDS TO CARRY
OUT MINOR CONSTRUCTION NECESSARY TO REPLACE DAMAGED OR
DESTROYED FACILITIES.
Section 2854 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) The Secretary concerned may spend from appropriations
available for operations and maintenance amounts necessary to carry out
a construction project under this section costing not more than
$7,500,000.''.
SEC. 2904. ALTERNATIVE USE OF PROCEEDS FROM THE SALE OF MILITARY FAMILY
HOUSING IN SUPPORT OF THE MILITARY HOUSING PRIVATIZATION
INITIATIVE.
(a) Transfer Flexibility.--Section 2831 of title 10, United States
Code, is amended--
(1) in subsection (b), by striking ``There'' and inserting
``Except as provided in subsection (e), there'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) The Secretary concerned may transfer funds received under
paragraph (3) of subsection (b) to the Department of Defense Family
Housing Improvement Fund established under subsection (a) of section
2883 of this title.''.
(b) Expansion of Credits and Notification Requirement.--Section
2883 of such title is amended--
(1) in subsection (c), by adding at the end of paragraph
(1) the following new subparagraph:
``(G) Subject to subsection (f), any amounts from the
proceeds of handling or disposal of family housing of a
military department transferred to that Fund pursuant to
section 2831(e) of this title.''; and
(2) in subsection (f), by inserting ``, (1)(G)'' after
``Fund under paragraph (1)(B)''.
SEC. 2905. UPDATING FOREIGN CURRENCY FLUCTUATION ADJUSTMENT FOR
MILITARY FAMILY HOUSING LEASES IN FOREIGN COUNTRIES.
Section 2828(e)(5)(A) of title 10, United States Code, is amended
by striking ``for foreign currency fluctuations from October 1, 1987''
and inserting ``at the beginning of each fiscal year, for foreign
currency fluctuations during the previous fiscal year''.
SEC. 2906. MILITARY UNACCOMPANIED HOUSING: LOCAL COMPARABILITY OF FLOOR
AREAS.
(a) In General.--Section 2856 of title 10, United States Code, is
amended to read as follows:
``Sec. 2856. Military unaccompanied housing: local comparability of
floor areas
``In the construction, acquisition, and improvement of military
unaccompanied housing, the Secretary concerned shall ensure that the
floor areas of such housing in a particular locality (as designated by
the Secretary concerned for purposes of this section) do not exceed the
floor areas of similar housing in the private sector in that
locality.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 169 of such title is amended by striking the item related to
section 2856 and inserting the following:
``2856. Military unaccompanied housing: local comparability of floor
areas.''.
SEC. 2907. FLEXIBLE FINANCING OF HOUSING PRIVATIZATION INITIATIVE.
Section 2883(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) Notwithstanding the requirement in paragraphs (1) and (2) for
authority in an appropriation Act to expend amounts in the Funds,
amounts credited to the Funds under paragraphs (1)(C), (1)(D), (2)(C),
and (2)(D) in subsection (c) may be used to carry out or facilitate the
carrying out of a transaction as authorized by section 2872 after the
end of the 30-day period beginning on the date the Secretary of Defense
submits written notice of, and justification for, the use of such
amounts to the appropriate committees of Congress or, 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.''.
SEC. 2908. STREAMLINING MILITARY CONSTRUCTION THRESHOLDS.
(a) Emergency Construction.--Section 2803(c)(1) of title 10, United
States Code, is amended by striking ``$45,000,000'' and inserting
``$60,000,000''.
(b) Minor Construction Thresholds.--Section 2805 of such title is
amended--
(1) in subsection (a)(1)--
(A) by striking ``$1,500,000'' and inserting
``$3,000,000''; and
(B) by striking the third sentence;
(2) in subsection (b)(1), by striking ``$750,000'' and
inserting ``$1,500,000 ($3,000,000 for a medical facility)'';
(3) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) by striking ``$1,500,000'' and
inserting ``$3,000,000'';
(ii) by inserting ``for a medical facility
or'' after ``project''; and
(iii) by striking ``or'' at the end; and
(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
(4) 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 value at least equal to the value of the new facility.
The approving official must certify the demolition (or disposal
by other means) of the offsetting facility.''.
SEC. 2909. INCREASED LEASE AMOUNT FOR TWO HOUSING UNITS FOR UNITED
STATES SPECIAL OPERATIONS COMMAND SOUTH.
Section 2828(b) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``paragraphs (3) and (4)'' and
inserting ``paragraphs (3), (4), and (5)''; and
(B) by striking ``paragraph (5)'' and inserting
``paragraph (6)'';
(2) in paragraph (3), by striking ``paragraph (5)'' and
inserting ``paragraph (6)'';
(3) in paragraph (4)(B), by striking ``paragraph (6)'' and
inserting ``paragraph (7)'';
(4) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(5) by inserting after paragraph (4) the following new
paragraph (5):
``(5)(A) The Secretary of the Army may lease not more than two
housing units in the vicinity of Homestead, Florida, for key and
essential personnel, as designated by the Secretary, for the United
States Special Operations Command South for which the expenditure for
the rental of such units (including the costs of utilities,
maintenance, and operation, including security enhancements) exceeds
the expenditure limitations in paragraphs (2) and (3).
``(B) The total amount of both leases under this paragraph may not
exceed $70,000 per year, as adjusted from time to time under paragraph
(7).
``(C) The term of any lease under this paragraph may not exceed 5
years.''; and
(6) in paragraph (7), as redesignated, by striking
``paragraph (4)'' and inserting ``paragraphs (4) and (5)''.
Subtitle B--Real Property and Facilities Administration
SEC. 2911. REPEAL REQUIREMENT TO DETERMINE THE AVAILABILITY OF SUITABLE
ALTERNATIVE HOUSING FOR ACQUISITION IN LIEU OF
CONSTRUCTION OF NEW FAMILY HOUSING.
(a) In General.--Section 2823 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 169 of such title is amended by striking the item related to
section 2823.
SEC. 2912. CLARIFICATION OF POTENTIAL RECIPIENTS OF PLANNING GRANTS.
Section 2391(d)(1) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``For purposes of
subsection (b)(1)(D) of this section, a `military installation' may
also include a military facility owned and operated by a State, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, or the
Virgin Islands even though not under the jurisdiction of a military
department, if the military facility is subject to significant use for
training by the armed forces.''.
SEC. 2913. CONSOLIDATION OF EASEMENT PROVISIONS.
(a) Consolidation of Easement Provisions.--(1) Section 2668 of
title 10, United States Code, is inserted after section 2671 of such
title.
(2) Section 2672, as redesignated by paragraph (1), is amended--
(A) by amending the heading to read as follows:
``Sec. 2672. Easements: Rights-of-way'';
(B) in subsection (a)--
(i) by inserting ``(a) Types of Easements.--''
after ``(a)''; and
(ii) in the matter preceding paragraph (1), by
striking ``to a State, Territory, Commonwealth, or
possession, or political subdivision thereof, or to a
citizen, association, partnership, or corporation of a
State, Territory, Commonwealth, or possession,'';
(iii) in paragraph (2), by striking ``oil pipe
lines'' and inserting ``gas, water, sewer, and oil pipe
lines''; and
(iv) in paragraph (13), by striking ``, except a
purpose covered by section 2669 of this title'';
(C) in subsection (b), by inserting ``Limitation on Size.--
'' after ``(b)'';
(D) in subsection (c), by inserting ``Termination.--''
after ``(c)'';
(E) in subsection (d), by inserting ``Notice to Department
of the Interior.--'' after ``(d)''; and
(F) in subsection (e), by inserting ``Disposition of
Consideration.--'' after ``(e)''.
(b) Repeal of Section 2669.--Section 2669 of such title is
repealed.
(c) Conforming Amendment.--The table of sections at the beginning
of chapter 159 of such title is amended--
(1) by striking the items related to sections 2668 and
2669; and
(2) by inserting after the item relating to section 2671
the following new item:
``2672. Easements: rights-of-way.''.
SEC. 2914. CONSOLIDATION OF PROVISIONS RELATING TO TRANSFER OF REAL
PROPERTY WITHIN THE DEPARTMENT OF DEFENSE AND TO OTHER
FEDERAL AGENCIES.
(a) Renumbering of 10 U.S.C. 2696.--Section 2696 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``(a) Screening
Requirement.'' and inserting ``(c) General Screening
Requirements.--(1) Screening Requirement.'';
(2) by redesignating subsections (b), (d), and (e) as
paragraphs (2), (3), and (4), respectively;
(3) in paragraph (2), as redesignated--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(B) in subparagraph (A), as redesignated--
(i) by striking ``subsection (a)'' and
inserting ``paragraph (1)''; and
(ii) by redesignating subparagraphs (A),
(B), and (C) as clauses (i), (ii), and (iii),
respectively; and
(4) in paragraph (3), as redesignated, by striking
``subsection (b)(1)'' and inserting ``paragraph (2)(A)''.
(b) Transfers Between the Armed Forces.--Such section is further
amended by inserting a new subsection (a) as follows:
``(a) Transfers Between the Armed Forces.--(1) If either of the
Secretaries concerned requests it and the other approves, real property
may be transferred, without compensation, from one armed force to
another.
``(2) No agency or official of the executive branch of the Federal
Government may establish any regulation, program, or policy or take any
other action which precludes, directly or indirectly, the Secretaries
concerned from exercising the authority provided in this subsection.''.
(c) Transfer and Renumbering of 10 U.S.C. 2693.--(1) The text of
section 2693 of such title is transferred to section 2696 and inserted
after subsection (a).
(2) Subsection (b) of section 2696, as redesignated, is amended--
(A) by redesignating subsections (a) and (b) as paragraphs
(1) and (2), respectively;
(B) in paragraph (1), as redesignated--
(i) by striking ``(a) Except as provided in
subsection (b)'' and inserting ``(b) Department of
Justice Correctional Options Program.--(1) General.--
Except as provided in paragraph (2)''; and
(ii) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively; and
(C) in paragraph (2), as redesignated--
(i) by striking ``(b) The provisions'' and
inserting ``(2) Exceptions.--The provisions''; and
(ii) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively.
(d) Clerical Amendments.--(1) The heading for section 2696 of such
title is amended to read as follows:
``Sec. 2696. Transfers and Disposals: Interchanges and screening
requirements''.
(2) The table of sections at the beginning of chapter 159 of such
title is amended--
(A) by striking the item relating to section 2693; and
(B) by amending the item relating to section 2696 to read
as follows:
``2696. Transfers and Disposals: Interchanges and screening
requirements.''.
(e) Conforming Amendments.--Section 2571(a) of such title 10 is
amended--
(1) by striking ``and real estate'';
(2) by striking ``PROPERTY'' in the section heading and
inserting ``SUPPLIES''; and
(3) in the table of sections at the beginning of chapter
153 of such title, by amending the item relating to section
2571 to read as follows:
``2571. Interchange of supplies and services.''.
SEC. 2915. EXTENDING LEASE TERMS FOR STRUCTURES AND REAL PROPERTY
RELATING TO STRUCTURES IN FOREIGN COUNTRIES THAT ARE
NEEDED FOR PURPOSES OTHER THAN FAMILY HOUSING.
Section 2675(a) of title 10, United States Code, is amended by
striking ``five'' and inserting ``ten''.
SEC. 2916. PREVENTING ENCROACHMENT.
Section 2684a(h) of title 10, United States Code, is amended--
(1) by striking ``Funding.--(1)'' and inserting
``Consideration.--Consideration for an agreement under this
section may take the following forms--(1)''; and
(2) by adding at the end the following new paragraph:
``(3) Notwithstanding title 40 and the McKinney Vento
Homeless Assistance Act, land under the Secretary's
jurisdiction and determined to be excess to the needs of the
Department of Defense may be used by way of exchange to enter
into agreements under this section, provided the excess lands
are located within the same State as the installation that is
the subject of the agreement. Prior to using excess lands for
exchange under this section, the Secretary concerned shall
request the concurrence of the Office of Management and Budget,
and the Secretary of the Interior in the case of lands
withdrawn from the public domain, using a process developed by
the Secretary of Defense.''.
SEC. 2917. AUTHORITY TO GRANT RESTRICTIVE EASEMENTS.
(a) Authority to Grant Restrictive Easements.--Chapter 159 of title
10, United States Code, is amended by inserting after section 2671
adding the following new section:
``Sec. 2672a. Easements: restrictive
``(a) Conservation Easements.--(1) If the Secretary of a military
department finds that it will not be against the public interest, he
may grant, upon such terms as he considers advisable, a restrictive
easement--
``(A) to--
``(i) a State or local government; or
``(ii) a qualified organization, as that term is
used in section 170(h) of the Internal Revenue Code of
1986 (26 U.S.C. 170(h));
``(B) for a conservation purpose consistent with section
170(h)(4)(A)(iv) of that Act (26 U.S.C. 170(h)(4)(A)(iv));
``(C) over, in, and upon any real property that is to be
transferred by deed by that department;
``(D) restricting future uses of the property.
``(2) An easement under paragraph (1) shall not be granted if the
Secretary determines that--
``(A) the conservation of the property can be effectively
achieved through the application of State law by units of State
or local government;
``(B) the jurisdiction that encompasses the property
authorizes such an easement; and
``(C) the Secretary can give or assign to a third party the
responsibility for monitoring and enforcing such an easement.
``(b) Environmental Easements.--(1) If the Secretary of a military
department finds that it will not be against the public interest, he
may grant, upon such terms as he considers advisable, a restrictive
easement--
``(A) to a State or local government;
``(B) over, in, and upon any real property that is to be
transferred by deed by that department;
``(C) restricting future uses of the property to ensure the
continued effectiveness of any environmental restoration
function on the property conducted pursuant to chapter 160 of
this title.
``(c) Limitations.--(1) No easement granted under this section may
apply to more land than is necessary for the effectiveness of the
easement.
``(2) Easements granted under this section shall be without
consideration from the recipient.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2671 the following new item:
``2671a. Easements: restrictive.''.
Subtitle C--Base Closure and Realignment
SEC. 2921. MODIFICATION OF DEPOSIT REQUIREMENTS IN CONNECTION WITH
LEASE PROCEEDS RECEIVED AT MILITARY INSTALLATIONS
APPROVED FOR CLOSURE OR REALIGNMENT AFTER JANUARY 1,
2005.
Section 2667(d)(5) of title 10, United States Code, is amended to
read as follows:
``(5) Money rentals received by the United States from a lease
under subsection (f) at a military installation to be closed or
realigned under a base closure law, the date of approval of which is--
``(A) before January 1, 2005, shall be deposited into the
account established under section 2906(a) 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); or
``(B) after January 1, 2005, shall be deposited into the
account established under section 2906A(a) of such Act.''.
Subtitle D--Other Matters
SEC. 2931. REVITALIZATION OF DEPARTMENT OF DEFENSE LABORATORIES.
(a) In General.--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 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 $1,500,000; 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 $3,000,000.
``(2) For projects conducted pursuant to this subsection,
$1,500,000 shall be the amount applied for purposes of subsection
(b)(1).
``(3) For purposes of this subsection, a 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.''.
(b) Stylistic and Clerical 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) of
this section, by inserting ``Limitations.--'' after ``(e)''.
SEC. 2932. THRESHOLD FOR MEDICAL FACILITY PROJECTS.
Section 2805(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) by adding at the end the following new paragraph:
``(3) For an unspecified minor military construction project for a
medical facility, the cost limitation for purposes of paragraph (1) is
the expenditure threshold for a major medical facility project under
section 8104(a)(3)(A) of title 38.''.
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