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Week Ending September 29, 2006
H.R.5122 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.
This authorization bill sets the direction of spending decisions to be made later this year for the Department of Defense budget for fiscal year 2007. Spending limits and programs define the Department in terms of procurement of materiel and services that will add to and replenish or repair equipment ranging from track vehicles to Navy ships, from the purchase of ammunition to research and development. Money will also be spent on military health programs and construction, countering drug smuggling, the Armed Forces Retirement Home, the North Atlantic Treaty Organization and chemical demilitarization.
The bill sets end strengths of personnel for each of the military services and the guards and reserves as follows:
For active duty forces the end strengths to be attained by September 2007 are
(1) Army, 482,400; = + 30,000
(2) The Navy, 340,700.
(3) The Marine Corps, 175,000 = + 5,000
(4) The Air Force, 334,200.
The guards and reserves
(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.
For reserves on active duty in support of active forces:
(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.
Incentive bonuses for reenlistment and new enlistments as well as incentives for nuclear specialists and certain healthcare specialists are continued for another year.
A last minute addition to the bill would allow military chaplains leeway in how they go about public ceremony prayer. The chaplains would not be restricted to non-sectarian prayer but must use their own conscience and must not interfere with military necessity.
Amendment activity included extra funds for children in Iraq who are in urgent need of medical attention and a study to determine the wisdom of reducing deployment to Iraq and Afghanistan to 6 months for Army, Army Reserves and Army National Guard.
Sponsor: Rep. Duncan Hunter (R-CA-52nd)
Vote: House passed the bill 396 to 31 (RC 145) after a motion to recommit the bill failed 202 to 220 (RC 144) May 10, 2006. The Senate agreed to the Conference Report by Unanimous Consent September, 29, 2006. The House agreed to the Report 398 to 23 September 29, 2006 (RC 510)
Cost to the taxpayers: $512.9 billion. $50 billion is included for the wars in Iraq and Afghanistan but the actual amount spent will be decided later during appropriation debates.
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MORE INFORMATION
AMENDMENTS TO THE BILL MADE IN ORDER BY THE COMMITTEE
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
TITLE III--OPERATION AND MAINTENANCE
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
TITLE VII--HEALTH CARE PROVISIONS
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
TITLE XI--CIVILIAN PERSONNEL MATTERS
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
MILITARY CONSTRUCTION PROJECTS
TITLE XXVI--CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE
TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
TITLE XXIX--GENERAL PROVISIONS
TITLE I-PROCUREMENT
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.
(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.
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.
Funds are hereby authorized to be appropriated for fiscal year 2007 for Defense-wide procurement in the amount of $2,861,461,000.
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.
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.
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.
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'.
(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.
(a) IN GENERAL- Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:
`(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.'.
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
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.
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.
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).
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
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.
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.
(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.
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).'.
(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.
Section 2474(f)(1) of title 10, United States Code, is amended by striking `entered into during fiscal years 2003 through 2009'.
(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.
(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'.
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.'.
(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
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.
(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.
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.
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.
(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.
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.
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
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.'.
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).
(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:
`(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.'.
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.'.
(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.'.
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.'.
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,'.
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.'.
(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.'.
(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:
`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.
`(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.
`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.
`(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.
`(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.
`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:
8150.'.
(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.'.
(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'.
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
Section 203(a)(2) of title 37, United States Code, is amended by striking `level III' and inserting `level II'.
Subsection (a) of section 302g of title 37, United States Code, is amended by striking `$10,000' and inserting `$25,000'.
Section 312b(a)(1) of title 37, United States Code, is amended by striking `$20,000' and inserting `$30,000'.
(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'.
(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'.
(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'.
(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'.
(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.
(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.
(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)'.
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.'.
Section 2261 of title 10, United States Code, is amended by striking subsection (d).
TITLE VII--HEALTH CARE PROVISIONS
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.'.
(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.
(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:
(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.'.
(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.
(a) IN GENERAL- Chapter 931 of title 10, United States Code, is amended by adding at the end the following new section:
`(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.'.
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.'.
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).
(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'.
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'.
Section 2359b of title 10, United States Code, is amended by striking subsection (j).
Section 813 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1543) is repealed.
(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.'.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
(a) IN GENERAL- Section 6222 of title 10, United States Code, is amended to read as follows:
`(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.'.
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.
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'.
Section 431(a) of title 10, United States Code, is amended by striking the last sentence.
Section 193(f)(1) of title 10, United States Code, is amended to read as follows:
`(1) The Defense Information Systems Agency.'.
(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.
TITLE X--GENERAL PROVISIONS
Section 114(e) of title 10, United States Code, is repealed.
(a) IN GENERAL- Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section:
`(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.'.
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.'.
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.'.
Section 7307(a) of title 10, United States Code, is amended by inserting `or vessel of that class' after `that vessel'.
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'.
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'.
(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.'.
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'.
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.'.
(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.
(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)'.
(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.'.
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).
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.'.
TITLE XI--CIVILIAN PERSONNEL MATTERS
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'.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
(a) IN GENERAL- Chapter 3 of title 10, United States Code, is amended by inserting after section 127b the following new section:
`(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.'.
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'.
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.'.
(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.
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
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'.
This division may be cited as the `Military Construction Authorization Act for Fiscal Year 2007'.
(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
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State Installation or location Amount
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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 Army Air Field $95,300,000
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 Ocean Terminal) $46,000,000
Oklahoma McAlester Army Ammunition Plant $3,050,000
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
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(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
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Country Installation or location Amount
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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
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(c) UNSPECIFIED WORLDWIDE- Using the amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(3), the Secretary of the Army may acquire real property and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table:
Army: Unspecified Worldwide
------------------------------------------------
Location Installation or location Amount
------------------------------------------------
Classified Unspecified Worldwide $34,800,000
Total $34,800,000
------------------------------------------------
(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
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(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.
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.
(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).
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------
Arizona Marine Corps Air Station, Yuma $5,966,000
California Marine Corps Base, Camp Pendleton $112,554,000
Miramar $2,968,000
North Island $21,535,000
Twentynine Palms $8,217,000
Florida Naval Air Station, Pensacola $13,486,000
Georgia Marine Corps Logistics Base, Albany $62,000,000
Navy Submarine Base, Kings Bay $20,282,000
Hawaii Naval Base, Pearl Harbor $48,338,000
Maryland Naval Air Station, Patuxent River $16,316,000
Suitland $11,780,000
North Carolina Marine Corps Air Station, New River $21,500,000
Marine Corps Base, Camp Lejeune $160,904,000
South Carolina Marine Corps Air Station, Beaufort $22,225,000
Virginia Marine Corps Base, Quantico $30,628,000
Naval Station, Norfolk $75,476,000
Washington Naval Air Station, Whidbey Island $57,653,000
Naval Submarine Base, Bangor $13,507,000
Total $705,335,000
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(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
--------------------------------------------------
Country Installation or 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
----------------------------------------------------------
Location Installation or location Amount
----------------------------------------------------------
Various Locations Helicopter Support Facility $12,185,000
Hockmuth Hall Addition $1,400,000
Total $13,585,000
----------------------------------------------------------
(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 Barstow 74 Units $27,851,000
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.
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.
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.
(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).
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts set forth in the following table:
Air Force: Inside the United States
---------------------------------------------------------------------
State Installation or location Amount
---------------------------------------------------------------------
Alaska Eielson Air Force Base $38,300,000
Elmendorf Air Force Base $56,100,000
Arizona Davis-Monthan Air Force Base $4,600,000
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 Base $21,000,000
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 Force Auxiliary Field $49,923,000
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 Force Base $11,000,000
Total $736,661,000
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(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts set forth in the following table:
Air Force: Outside the United States
----------------------------------------------
Country Installation or location Amount
----------------------------------------------
Germany Ramstein Air Base $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
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(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
----------------------------------------------------------------------------------------
Location Installation or location Amount
----------------------------------------------------------------------------------------
Worldwide Unspecified Common Battlefield Airman Training Complex $14,200,000
Worldwide Classified Global Hawk Aircraft Maintenance & Operations Complex $26,000,000
Classified Project $3,377,000
Classified--Special Evaluation Program $4,600,000
Classified $1,700,000
Total $49,877,000
----------------------------------------------------------------------------------------
(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
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(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.
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.
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.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts set forth in the following table:
Defense Agencies: Inside the United States
-----------------------------------------------------------------------------------------------------
Agency Installation or location Amount
-----------------------------------------------------------------------------------------------------
Defense Education Activity Fort Knox, Kentucky $18,108,000
Defense Logistics Agency Marine Corps Air Station Yuma, Arizona $8,715,000
Beale Air Force Base, California $9,000,000
Defense Distribution Depot, New Cumberland, Pennsylvania $8,900,000
Fort Belvoir, Virginia $5,500,000
Naval Air Station Whidbey Island, Washington $26,000,000
Augusta, Georgia $340,836,000
National Security Agency Fort Meade, Maryland $4,517,000
Marine Corps Base Camp Pendleton, California $24,400,000
Special Operations Command Fort Carson, Colorado $26,100,000
Hurlburt Field, Florida $14,482,000
MacDill Air Force Base, Florida $27,300,000
Fort Campbell, Kentucky $24,500,000
Fort Bragg, North Carolina $60,144,000
Marine Corps Base Camp Lejeune, North Carolina $51,600,000
Naval Air Base Little Creek, Virginia $22,000,000
Fort Richardson, Alaska $37,200,000
Tri-Care Management Activity Fort Irwin, California $6,050,000
Jacksonville, Florida $16,000,000
MacDill Air Force Base, Florida $87,000,000
Naval Base Pearl Harbor, Hawaii $7,700,000
Naval Hospital Great Lakes, Illinois $20,000,000
Fort Detrick, Maryland $550,000,000
Fort Drum, New York $9,700,000
Fort Hood, Texas $18,000,000
Total $1,423,752,000
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(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts set forth in the following table:
Defense Agencies: Outside the United States
-----------------------------------------------------------------------------------------------
Agency Installation or location Amount
-----------------------------------------------------------------------------------------------
Defense Education Activity Camp Ederle, Italy $31,460,000
Vicenza, Italy $15,750,000
Osan Air Base, Korea $4,589,000
Naval Station Rota, Spain $23,048,000
Defense Logistics Agency Okinawa, Japan $5,000,000
Wake Island $2,600,000
Missile Defense Agency Kwajalien Atoll, Kwajalien $7,592,000
National Security Agency Royal Air Force Menwith Hall Station, United Kingdom $1,398,000
Special Operations Command Qatar $44,500,000
Tri-Care Management Activity Vicenza, Italy $52,000,000
Total $187,937,000
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(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.
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.
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.
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
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
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
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
(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.
(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 Range Complex $47,000,000
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 Services Center (Ph 2) $3,850,000
Italy Aviano Joint Deployment Facility (Ph 1) $15,500,000
------------------------------------------------------------------------------------------------
Air Force: Extension of 2004 Project Authorizations
--------------------------------------------------------------------------------------
State Installation or location Project Amount
--------------------------------------------------------------------------------------
California Travis Air Force Base Replace Family Housing (56 units) $12,723,000
Delaware Dover Air Force Base Replace Family Housing (112 units) $19,601,000
Florida Eglin Air Force Base Replace Family Housing (279 units) $32,166,000
Hawaii Hickam Air Force Base Expand Strategic Airlift Parking Ramp $10,102,000
Texas Dyess Air Force Base Replace Family Housing (116 units) $19,973,000
Randolph Air Force Base Replace Family Housing (96 units) $13,754,000
--------------------------------------------------------------------------------------
Defense Wide: Extension of 2004 Project Authorizations
------------------------------------------------------------------------------------------
Agency Installation or location Project Amount
------------------------------------------------------------------------------------------
Defense Logistics Agency Hickam AFB, Hawaii Replace Hydrant Fuel System $14,100,000
------------------------------------------------------------------------------------------
Army National Guard: Extension of 2004 Project Authorizations
-----------------------------------------------------------------------------------
State Installation or location Project Amount
-----------------------------------------------------------------------------------
New Mexico Albuquerque Readiness Center, Add/Alt (ADRS) $2,533,000
Pennsylvania Fort Indiantown Gap Multi-purpose Training Range $15,338,000
-----------------------------------------------------------------------------------
(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 (134 units) $15,906,000
Eglin Air Force Base Replace Housing Office $597,000
Mississippi Keesler Air Force Base Replace Family Housing (117 units) $16,505,000
Texas Randolph Air Force Base Replace Family Housing (112 units) $14,311,000
Randolph Air Force Base Replace Family Housing Maintenance Facility $447,000
TITLE XXIX--GENERAL PROVISIONS
(a) IN GENERAL- Chapter 169 of title 10, United States Code, is amended by inserting after section 2809 the following new section:
`(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.'.
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'.
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.'.
(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)'.
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'.
(a) IN GENERAL- Section 2856 of title 10, United States Code, is amended to read as follows:
`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.'.
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.'.
(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.'.
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)'.
(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.
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.'.
(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:
(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.'.
(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:
(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.'.
Section 2675(a) of title 10, United States Code, is amended by striking `five' and inserting `ten'.
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.'.
(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:
`(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.'.
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.'.
(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)'.
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.'.
END
AMENDMENTS TO THE BILL MADE IN ORDER BY THE COMMITTEE
1. Duncan Hunter (R-CA-52nd): Manager's Amendment. Adds a section to add $4M for Call for Fire Trainer/Joint fires and Effects Trainer with an offset of $4M from Joint Tactical Radio System. Adds a section to add $6M to the Air Force Science Engineering Lab Data Integration with and offset of $6M from Information and Communications Technology PE 062301E. Adds an exception for the Non-Line of Sight Cannon System from the requirement in section 346 subsection (c). Adds a section requiring the Secretary of Defense to submit a report on means to improve retention of members of the special operations forces. Strikes and replaces Section 662 requiring the Secretary of Defense to conduct a pilot project for disabled persons accessible golf carts at military golf courses. Incorporates a technical correction to the TRICARE effective dates in section 704 and 709 of the bill. Adds section conveying Army Reserve Center land in Allison Park, PA, to the local school district. Strikes sections 2853, 2854, 2855. (10 minutes)
2. Robert E. Andrews (D-NJ-1st): Requires the Secretary of Defense to perform an epidemiological study to determine whether any human populations have been affected by military munitions ocean disposal sites. (10 minutes) The Andrews Amendment failed 191 to 237 (RC 136)
3. Susan A. Davis (D-CA-53rd)/ Jane Harman (D-CA-36th) /Loretta Sanchez (D-CA-47th): Lifts the current ban on privately funded abortions at U.S. military facilities overseas. (20 minutes)
4. Sheila Jackson-Lee (D-TX-16th): Clarifies the factors that must be taken into consideration when recalling a reservist to service to include the frequency of assignment over the duration of a reservist's career. (10 minutes) The amendment passed 415 to 9
5. John S. Tanner (D-TN-6th): Expresses a Sense of Congress that the Army should continue to evaluate and consider the potential benefits of converting to six-month deployments for members of the Army, Army National Guard, and Army Reserves in connection with service in Iraq and Afghanistan, including potential impacts on the reduced deployment periods on soldier morale, recruiting and retention, readiness, and military operations. Requires the Secretary of the Army to submit a report to Congress containing: (1) The results of any studies conducted on soldiers and families regarding reduced deployment periods in Iraq and Afghanistan; (2) The Army's potential plans for the implementation of such reduced deployment periods; and (3) A discussion of the potential benefits and drawbacks associated with implementation of such reduced deployment times. (10 minutes)
6. Trent Franks (R-AZ-2nd): Makes certain findings concerning humanitarian support for Iraqi children in urgent need of medical care. Authorizes, within the amount provided in section 301 for Operation and Maintenance, $1 million for DoD support of the Peace Through Health Care Initiative, and reduces by $1 million the amount provided for Budget Activity 4. (10 minutes)
7. Rob Simmons (R-CT-2nd))/Tom Davis (R-VA-11th): Prevents DoD from revoking expired security clearances from defense contractors until an investigation moratorium and backlog is eliminated. Does not change the security clearance investigation process or prevent the department from revoking security clearances for national security purposes. (10 minutes)
8. Gil Gutknecht (R-MN-1st)/ John Kline (R-MN-2nd) / Colllin Peterson (D-MN)/ Jim Ramstad (R-MN)/ James Oberstar (D-MN)/ Betty McCollum (D-MN)/ Mark Kennedy (R-MN)/ Martin Sabo (D-MN): Sense of Congress that the Secretary of the Army should promptly correct the pay inequity in its assignment incentive pay system. Depending on method of call to active duty, some Guardsmen and Reservists serving in the same unit in Iraq and Afghanistan will be eligible for assignment incentive pay ($1,000 extra per month) after reaching 730 days on active duty, while others will not. The Army must submit to Congress within 30 days after enactment a report specifying how many soldiers, both active and reserve, were affected by this pay disparity and proposed remedies or courses of action to correct the inequity. (10 minutes)
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