109th CONGRESS
2d Session
S. 2507
To authorize appropriations for fiscal year 2007 for military activities
of the Department of Defense, to prescribe military personnel strengths
for fiscal year 2007, and for other purposes.
IN THE SENATE OF THE UNITED STATES
April 4, 2006
Mr. WARNER (for himself and Mr. LEVIN) (by request) introduced the following
bill; which was read twice and referred to the Committee on Armed Services
A BILL
To authorize appropriations for fiscal year 2007 for military activities
of the Department of Defense, to prescribe military personnel strengths
for fiscal year 2007, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for Fiscal
Year 2007'.
SEC. 2. TABLE OF CONTENTS.
(a) DIVISIONS- This Act is organized into two divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 2. Table of contents.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 102. Navy and Marine Corps.
Sec. 104. Defense-wide activities.
Subtitle B--Multi-Year Contract Authorizations
Sec. 111. Multi-year procurement authority for the Army.
Sec. 112. Multi-year procurement authority for the Navy.
Sec. 113. Multi-year procurement authority for the Air Force.
Subtitle C--Navy Programs
Sec. 121. Adjustment to total cost limitation for CVN 77 procurement.
Sec. 122. Construction of the first two next generation destroyers.
Sec. 123. Transfer of funds for submarine engineered refueling overhauls
and conversions or aircraft carrier refueling complex overhauls.
Sec. 124. Deletion of requirement for 12 operational aircraft carriers.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Missile Defense Programs
Sec. 211. Fielding of ballistic missile defense capabilities.
Sec. 212. Certification of stability of the defense technology base.
Subtitle C--Other Matters
Sec. 221. Extension of DARPA's prize authority.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Environmental Provisions
Sec. 311. Environmental restoration program--funding for cooperative agreement.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 313. Air Quality plans.
Sec. 314. Range management.
Sec. 315. Extending import approval authority.
Subtitle C--Workplace and Depot Issues
Sec. 321. Repeal of time limitation on exclusion of expenditures on contracting
for depot-level maintenance.
Subtitle D--Outsourcing
Sec. 331. Temporary security-guard services for increased workloads caused
by realignments.
Sec. 332. Participation in security programs by charter air carriers providing
transportation for the armed forces.
Sec. 333. Revision and extension of temporary authority for contractor
performance of security guard functions.
Sec. 334. Exception from prohibition on contractor performance of firefighting
functions.
Sec. 335. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.
Subtitle E--Other Matters
Sec. 341. Performance Based logistics contracts for weapons systems logistics
support: special funding authority.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2007 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Discretionary separation and retirement of twice non-selected
chief warrant officer fours.
Subtitle B--Reserve Component Management
Sec. 511. Authorized strengths of Navy reserve flag officers.
Sec. 512. Expansion of Authorities for National Guard and reserve components.
Sec. 513. Amendments to Presidential reserve call-up authority.
Subtitle C--Education and Training
Sec. 521. United States Military Academy and United States Air Force Academy
permanent military professors to assume command positions while on periods
of sabbatical.
Sec. 522. United States Military Academy exchange program with foreign
military academies.
Sec. 523. Authority to permit members who participate in the Guaranteed
Reserve Forces Duty Scholarship Program to participate in the Health Professions
Scholarship Program and serve on active duty.
Sec. 524. Junior Reserve Officers' Training Corps instruction eligibility
expansion.
Sec. 525. Frequency of administration of service academy sexual assault
survey and of submission of academic program year reports.
Sec. 526. Authority to enroll dependents of foreign military and civilian
members assigned to the Supreme Headquarters Allied Powers Europe.
Subtitle D--Military Justice Matters
Sec. 531. Air Force law enforcement.
Subtitle E--Decorations and Awards
Sec. 541. Authorize the purchase and presentation of medal of honor flags
to all living medal of honor recipients and to all living primary next
of kin for deceased medal of honor recipients.
Subtitle F--Other Matters
Sec. 551. Enlistment oath: who may administer.
Sec. 552. Military status of officers serving in certain intelligence
community positions.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in general and flag officer pay cap.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Special Pay for selected reserve health care professionals in
critically short wartime specialties.
Sec. 612. Increase in Special pay and bonuses for nuclear-qualified officers.
Sec. 613. One-year extension of authorities relating to payment of other
bonuses and special pays.
Sec. 614. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 615. One-year extension of certain bonus and special pay authorities
for certain health care professionals.
Sec. 616. One-year extension of certain bonus and special pays for reserve
forces.
Subtitle C--Retired Pay and Survivor Benefits
Sec. 621. Extension of temporary continuation of housing allowance for
dependents of members dying on active duty to spouses who are members
of the uniformed services.
Sec. 622. Prohibit court-ordered payments before retirement based on imputation
of retired pay.
Sec. 623. Reduction in Department of Defense accrual contributions into
the Military Retirement Fund and government contributions into the Medicare-Eligible
Retiree Health Care Fund.
Subtitle D--Other Matters
Sec. 631. Accrual of annual leave for members of the uniformed services
performing dual employment.
Sec. 632. Technical modification to the Department of Defense's computer/electronic
accommodations program to allow combat wounded service members.
Sec. 633. Permanent authority to present recognition items for retention
purposes.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 701. TRICARE coverage for forensic examination following sexual assaults
and domestic violence.
Sec. 702. Increasing TRICARE program cost sharing amounts.
Subtitle B--Other Matters
Sec. 711. Restructuring the Dental Division of the Bureau of Medicine
and Surgery.
Sec. 712. Establishment of a health savings account choice pilot program
for Department of Defense retirees and their families not eligible for
Medicare.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Expanded use of reserve component members to perform developmental
and operational testing and new equipment training.
Sec. 802. Minimum annual purchase for civil reserve air fleet contracts.
Sec. 803. Clarification of rapid acquisition authority to respond to combat
emergencies.
Sec. 804. Unified combatant command for joint warfighting experimentation:
acquisition authority.
Sec. 805. Quality control in procurement of ship critical safety items
and related services.
Sec. 806. Extension of special temporary contract closeout authority.
Sec. 807. Defense acquisition challenge program.
Subtitle B--United States Defense Industrial Base Provisions
Sec. 811. Repeal of the military system breakout list.
Subtitle C--National Defense Stockpile
Sec. 821. Revision of Limitations on required disposals of certain materials
in National Defense Stockpile.
Subtitle D--Other Matters
Sec. 831. Clarification of jurisdiction of the United States district
courts to hear bid protest disputes involving maritime contracts.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Department of Defense Management Matters
Sec. 901. United States Marine Band and United States Marine Drum and
Bugle Corps.
Sec. 902. Elimination of duplicative voting assistance installation visits.
Subtitle B--Space Activities
Sec. 911. Extension of authority for pilot program for provision of space
surveillance network services to non-United States government entities.
Sec. 912. Designation of successor organizations for the disestablished
Interagency Global Positioning Executive Board.
Subtitle C--Intelligence-Related Matters
Sec. 921. Permanent authority for defense intelligence commercial activities.
Sec. 922. Defense Information Systems Agency.
Sec. 923. Protection of information regarding weapons of mass destruction.
Sec. 924. Authority for the National Security Agency to collect service
charges for certification or validation of information assurance products.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Repeal of requirement for separate budget request for procurement
of reserve equipment.
Sec. 1002. Repeal of requirement for two-year budget cycle for the Department
of Defense.
Sec. 1003. Acceptance and retention of reimbursement from non-Federal
sources to defray Department of Defense conference costs.
Sec. 1004. Increased Flexibility in the use of Joint Staff exercise funds.
Sec. 1005. Retention and use of proceeds of sales of M109 Howitzers under
the Arms Export Control Act to procure M109-based vehicles.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Authority to request transfer to foreign nations by vessel
class.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority to provide Department of Defense support
for counter-drug activities of other governmental agencies.
Sec. 1022. Use of funds for unified counterdrug and counterterrorism campaign
in Colombia.
Sec. 1023. Expansion and extension of authority to provide additional
support for counter-drug activities.
Sec. 1024. Department of Defense support for counter-drug activities.
Subtitle D--Matters Related to Homeland Security
Sec. 1031. Duties relating to defense against weapons of mass destruction.
Sec. 1032. Repeal of certain laws pertaining to the Joint Committee for
the Review of Counterproliferation Programs.
Sec. 1033. Expansion of operations of civil support teams.
Subtitle E--Other Matters
Sec. 1041. Harmonizing the definition of national security system within
the Department of Defense.
Sec. 1042. Amendment to delegation authority for assistance in combating
terrorism.
Sec. 1043. Defense Economic Adjustment Program: research and technical
assistance.
Sec. 1044. Clarification of government standing under the Lanham Act to
take a civil action for false designations of origin, false descriptions
and false representations.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Permit continued application of senior executive service provisions
for certain noncareer senior executive service members and chiefs of mission
after appointment to non-senior executive service or chief of mission
positions.
Sec. 1102. Payment of full replacement value for personal property claims
of civilians.
Sec. 1103. Flexibility in paying annuity to Federal retirees who return
to work.
Sec. 1104. Repeal of limitation on appointment of retired members of the
Armed Forces to position in the Department of Defense.
Sec. 1105. Expand pool of jobs that count for credit under service agreements
required by the National Security Education Program.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Logistic support of allied forces for combined operations.
Sec. 1202. Change to acquisition and cross servicing agreements definition
to allow loan of significant military equipment.
Sec. 1203. Expansion of humanitarian and civic assistance to include developing
communications and information capacity.
Subtitle B--Reports
Sec. 1211. Relief of requirement to submit annual reports to Congress
regarding allied contributions to the common defense.
Subtitle C--Other Matters
Sec. 1221. Exclusion of petroleum, oil and lubricants from the limitations
on the amount of liabilities the United States may accrue under acquisition
and cross-servicing agreements.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET
UNION
Sec. 1301. Temporary authority to waive limitation funding for chemical
weapons destruction facility in Russia.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2004 and 2005 projects.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Family housing.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Modification of authority to carry out certain fiscal year
2006 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--CHEMICAL DEMILITARIZATION CONSTRUCTION PROGRAM
Sec. 2601. Authorized Chemical Demilitarization construction and land
acquisition projects.
Sec. 2602. Authorization of appropriations, Chemical Demilitarization
Construction.
TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES
Sec. 2701. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2801. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2802. Extension of authorizations of certain fiscal year 2004 projects.
Sec. 2803. Extension of authorizations of certain fiscal year 2003 projects.
TITLE XXIX--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2901. Authority to use operation and maintenance funds for construction
projects outside the United States.
Sec. 2902. Pilot projects for acquisition or construction of military
unaccompanied housing.
Sec. 2903. Authorize use of operation and maintenance funds to carry out
minor construction necessary to replace damaged or destroyed facilities.
Sec. 2904. Alternative use of proceeds from the sale of military family
housing in support of the military housing privatization initiative.
Sec. 2905. Updating foreign currency fluctuation adjustment for military
family housing leases in foreign countries.
Sec. 2906. Military unaccompanied housing: local comparability of floor
areas.
Sec. 2907. Flexible financing of housing privatization initiative.
Sec. 2908. Streamlining military construction thresholds.
Sec. 2909. Increased lease amount for two housing units for United States
Special Operations Command South.
Subtitle B--Real Property and Facilities Administration
Sec. 2911. Repeal requirement to determine the availability of suitable
alternative housing for acquisition in lieu of construction of new family
housing.
Sec. 2912. Clarification of potential recipients of planning grants.
Sec. 2913. Consolidation of easement provisions.
Sec. 2914. Consolidation of provisions relating to transfer of real property
within the Department of Defense and to other Federal agencies.
Sec. 2915. Extending lease terms for structures and real property relating
to structures in foreign countries that are needed for purposes other
than family housing.
Sec. 2916. Preventing encroachment.
Sec. 2917. Authority to grant restrictive easements.
Subtitle C--Base Closure and Realignment
Sec. 2921. Modification of deposit requirements in connection with lease
proceeds received at military installations approved for closure or realignment
after January 1, 2005.
Subtitle D--Other Matters
Sec. 2931. Revitalization of Department of Defense laboratories.
Sec. 2932. Threshold for medical facility projects.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2007 for
procurement for the Army as follows:
(1) For aircraft, $3,566,483,000.
(2) For missiles, $1,350,898,000.
(3) For weapons and tracked combat vehicles, $2,301,943,000.
(4) For ammunition, $1,903,125,000.
(5) For other procurement, $7,718,602,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY- Funds are hereby authorized to be appropriated for fiscal year
2007 for procurement for the Navy as follows:
(1) For aircraft, $10,868,771,000.
(2) For weapons, including missiles and torpedoes, $2,555,020,000.
(3) For shipbuilding and conversion, $10,578,553,000.
(4) For other procurement, $4,967,916,000.
(b) MARINE CORPS- Funds are hereby authorized to be appropriated for fiscal
year 2007 for procurement for the Marine Corps in the amount of $1,273,513,000.
(c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be
appropriated for fiscal year 2007 for procurement of ammunition for the
Navy and Marine Corps in the amount of $789,943,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2007 for
procurement for the Air Force as follows:
(1) For aircraft, $11,479,810,000.
(2) For ammunition, $1,072,749,000.
(3) For missiles, $4,204,145,000.
(4) For other procurement, $15,408,086,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2007 for
Defense-wide procurement in the amount of $2,861,461,000.
Subtitle B--Multi-Year Contract Authorizations
SEC. 111. MULTI-YEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.
Beginning with the fiscal year 2007 program year, the Secretary of the Army
may, in accordance with section 2306b of title 10, United States Code, enter
into multi-year contracts for procurement of the following:
(2) MH-60R Helicopter mission equipment.
SEC. 112. MULTI-YEAR PROCUREMENT AUTHORITY FOR NAVY PROGRAM.
Beginning with the fiscal year 2007 program year, the Secretary of the Navy
may, in accordance with section 2306b of title 10, United States Code, enter
into a multi-year contract for procurement of the V-22 Osprey.
SEC. 113. MULTI-YEAR PROCUREMENT AUTHORITY FOR AIR FORCE PROGRAM.
Beginning with the fiscal year 2007 program year, the Secretary of the Air
Force may, in accordance with section 2306b of title 10, United States Code,
enter into a multi-year contract for procurement of F-22A Fighter Aircraft.
Subtitle C--Navy Programs
SEC. 121. ADJUSTMENT TO TOTAL COST LIMITATION FOR CVN 77 PROCUREMENT.
Section 122(f)(1) of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1649) is amended by striking `$4,600,000,000
(such amount being the estimated cost for the procurement of the CVN-77
aircraft carrier in the March 1997 procurement plan)' and inserting `$6,057,000,000'.
SEC. 122. CONSTRUCTION OF THE FIRST TWO NEXT GENERATION DESTROYERS.
(a) FUNDING AUTHORIZED- Of the amount authorized to be appropriated by section
102(a)(3) for fiscal year 2007, $2,568,000,000 is available for the construction
of two DD(X) Next Generation Destroyers.
(b) CONTRACT AUTHORITY- The Secretary of the Navy may enter into contracts
during fiscal year 2007 to be funded in two consecutive fiscal years for
the construction of two DD(X) Next Generation Destroyers, one with each
of the two surface-combatant shipbuilders.
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS- A contract entered into under
subsection (b) shall provide that any obligation of the United States to
make a payment under the contract for any subsequent fiscal year is subject
to the availability of appropriations for that purpose for that later fiscal
year.
SEC. 123. TRANSFER OF FUNDS FOR SUBMARINE ENGINEERED REFUELING OVERHAULS
AND CONVERSIONS OR AIRCRAFT CARRIER REFUELING COMPLEX OVERHAULS.
(a) IN GENERAL- Chapter 633 of title 10, United States Code, is amended
by adding at the end the following new section:
`Sec. 7317. Obligation and expenditure of funds for submarine engineered
refueling overhauls and conversions or aircraft carrier refueling complex
overhauls
`(a) AUTHORITY- For submarine engineered refueling overhauls and conversions
or aircraft carrier refueling complex overhauls financed with Shipbuilding
and Conversion, Navy appropriations, the Secretary of Defense may transfer
such amounts as he may designate from any currently available Shipbuilding
and Conversion, Navy, Other Procurement, Navy, and Operations and Maintenance,
Navy appropriations to the original Shipbuilding and Conversion, Navy account
financing the project, such amounts to be merged with and to be available
for the same purposes and for the same time period as the appropriation
to which transferred. This transfer authority is in addition to any other
transfer authority available to the Department of Defense.
`(b) LIMITATIONS- This authority may be exercised only where the transfer
of funds is required because of the discovery, during such submarine engineered
refueling overhauls and conversions or aircraft carrier refueling complex
overhauls, of unanticipated and emergent maintenance, repair, or mission
essential modernization requirements. Prior to the transfer of an amount
of $20,000,000 or more, or of any amount which, when added to all amounts
previously transferred under the authority granted by this section cumulatively
will exceed $20,000,000 for a particular availability, the Secretary of
Defense shall notify in writing the congressional defense committees of
the proposed transfer and the reasons therefor. The transfer then may be
carried out only after the end of the 30-day period beginning on the date
the notification is received by the committees.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
`7317. Obligation and expenditure of funds for submarine engineered refueling
overhauls and conversions or aircraft carrier refueling complex overhauls.'.
SEC. 124. DELETION OF REQUIREMENT FOR 12 OPERATIONAL AIRCRAFT CARRIERS.
Section 5062 of title 10, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections (b) and (c),
respectively.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2007 for
the use of the Department of Defense for research, development, test, and
evaluation, as follows:
(1) For the Army, $10,855,559,000.
(2) For the Navy, $16,912,223,000.
(3) For the Air Force, $24,396,767,000.
(4) For Defense-wide activities, $20,991,459,000, of which $181,520,000
is authorized for the Director of Operational Test and Evaluation.
Subtitle B--Missile Defense Programs
SEC. 211. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Upon approval by the Secretary of Defense, funds authorized to be appropriated
for fiscal year 2008 for research, development, test, and evaluation for
the Missile Defense Agency may be used for the development and fielding
of ballistic missile defense capabilities.
SEC. 212. CERTIFICATION OF STABILITY OF THE DEFENSE TECHNOLOGY BASE.
Section 212 of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 542) is amended by striking subsection (c).
Subtitle C--Other Matters
SEC. 221. EXTENSION OF DARPA'S PRIZE AUTHORITY.
Section 2374a(f) of title 10, United States Code, is amended by striking
`September 30, 2007' and inserting ` September 30, 2012'.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2007 for
the use of the Armed Forces and other activities and agencies of the Department
of Defense, for expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $24,902,380,000.
(2) For the Navy, $31,330,984,000.
(3) For the Marine Corps, $3,878,962,000.
(4) For the Air Force, $31,342,307,000.
(5) For the Defense-wide activities, $20,075,656,000.
(6) For the Army Reserve, $2,299,202,000.
(7) For the Navy Reserve, $1,288,764,000.
(8) For the Marine Corps Reserve, $211,911,000.
(9) For the Air Force Reserve, $2,723,800,000.
(10) For the Army National Guard, $4,838,665,000.
(11) For the Air National Guard, $5,336,017,000.
(12) For the United States Court of Appeals for the Armed Forces, $11,721,000.
(13) For Environmental Restoration, Army, $413,794,000.
(14) For Environmental Restoration, Navy, $304,409,000.
(15) For Environmental Restoration, Air Force, $423,871,000.
(16) For Environmental Restoration, Defense-wide, $18,431,000.
(17) For Environmental Restoration, Formerly Used Defense Sites, $242,790,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid programs, $63,204,000.
(19) For Cooperative Threat Reduction programs, $372,128,000.
(20) For the Overseas Contingency Operations Transfer Fund, $10,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2007 for
the use of the Armed Forces and other activities and agencies of the Department
of Defense for providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Working Capital Funds, $1,345,998,000.
(2) For the National Defense Sealift Fund, $1,071,932,000.
(3) For the Pentagon Reservation Maintenance Revolving Funds, $18,500,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) DEFENSE HEALTH PROGRAM- Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2007 for expenses, not otherwise
provided for, for the Defense Health Program, in the amount of $21,025,121,000,
of which--
(1) $20,498,163,000 is for Operation and Maintenance;
(2) $130,603,000 is for Research, Development, Test, and Evaluation; and
(3) $396,355,000 is for Procurement.
(b) CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE-
(1) AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2007 for expenses,
not otherwise provided for, for Chemical Agents and Munitions Destruction,
in the amount of $1,277,304,000, of which--
(A) $1,046,290,000 is for Operation and Maintenance; and
(B) $231,014,000 is for Research, Development, Test, and Evaluation.
(2) USE- Amounts authorized to be appropriated under paragraph (1) are
authorized for--
(A) the destruction of lethal chemical agents and munitions in accordance
with section 1412 of the Department of Defense Authorization Act, 1986
(50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the United States
that is not covered by section 1412 of such Act.
(c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE- Funds are
hereby authorized to be appropriated for the Department of Defense for fiscal
year 2007 for expenses, not otherwise provided for, for Drug Interdiction
and Counter-Drug Activities, Defense-wide, in the amount of $926,890,000.
(d) DEFENSE INSPECTOR GENERAL- Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2007 for expenses, not otherwise
provided for, for the Office of the Inspector General of the Department
of Defense, in the amount of $216,297,000, of which--
(1) $214,897,000 is for Operation and Maintenance; and
(2) $1,400,000 is for Procurement.
Subtitle B--Environmental Provisions
SEC. 311. ENVIRONMENTAL RESTORATION PROGRAM--FUNDING FOR COOPERATIVE AGREEMENT.
Section 2701(d)(2) of title 10, United States Code, is amended by adding
at the end the following new sentence: `This two-year limitation shall not
apply to agreements funded from the accounts established under sections
2906 or 2906A of the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).'.
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE,
WASHINGTON.
(a) AUTHORITY TO REIMBURSE- (1) Using funds described in subsection (b),
the Secretary of Defense may transfer not more than $111,114.03 to the Moses
Lake Wellfield Superfund Site 10-6J Special Account.
(2) The payment under paragraph (1) is to reimburse the Environmental Protection
Agency for its costs incurred in overseeing a remedial investigation/feasibility
study performed by the Department of the Army under the Defense Environmental
Restoration Program at the former Larson Air Force Base, Moses Lake Superfund
Site, Moses Lake, Washington.
(3) The reimbursement described in paragraph (2) is provided for in the
interagency agreement entered into by the Department of the Army and the
Environmental Protection Agency for the Moses Lake Wellfield Superfund Site
in March 1999.
(b) SOURCE OF FUNDS- Any payment under subsection (a) shall be made using
funds authorized to be appropriated by section 301(17) for operation and
maintenance for Environmental Restoration, Formerly Used Defense Sites.
(c) USE OF FUNDS- The Environmental Protection Agency shall use the amount
transferred under subsection (a) to pay costs incurred by the Agency at
the Moses Lake Wellfield Superfund Site.
SEC. 313. AIR QUALITY PLANS.
(a) CONFORMITY WITH CLEAN AIR ACT- In any case in which the requirements
of section 176(c) of the Clean Air Act would have applied to proposed military
readiness activities, the Department of Defense shall not be prohibited
from engaging in such activities and it shall have up to three years, from
the date such activities begin, to satisfy the requirements of that section,
provided--
(1) the Department of Defense has provided the State in which the proposed
military readiness activities would occur an estimate of the annual emissions
caused by the proposed military readiness activities for all criteria
pollutants for which the area is designated `non-attainment' or `maintenance';
and
(2) the State provides written concurrence with the extension of up to
three years.
(b) ENVIRONMENTAL PROTECTION AGENCY APPROVAL- Notwithstanding any other
provisions of law, an implementation plan or plan revision required under
the Clean Air Act shall be approved by the Administrator of the Environmental
Protection Agency if--
(1) such plan or revision meets all the requirements applicable to it
under the Clean Air Act other than a requirement that such plan or revision
demonstrate attainment and maintenance of the relevant national ambient
air quality standards by the attainment date specified under the applicable
provision of the Act, or in a regulation promulgated under such provision;
and
(2) the submitting State established to the satisfaction of the Administrator
that the implementation plan of such State would be adequate to attain
and maintain the relevant national ambient air quality standards by the
attainment date specified under the applicable provision of the Act, or
in a regulation promulgated under such provision, but for emissions emanating
from military readiness activities not otherwise meeting section 176(c)
of the Act pursuant to subsection (a) of this section.
(c) EFFECT ON STATE COMPLIANCE WITH OZONE STANDARDS- Notwithstanding any
other provisions of law, any State that establishes to the satisfaction
of the Administrator that, with respect to an ozone non-attainment area
in such State, such State would have attained the national ambient air quality
standard for ozone by the applicable attainment date, but for emissions
emanating from military readiness activities not otherwise meeting section
176(c) of the Clean Air Act pursuant to subsection (a) of this section,
shall not be subject to the provisions of section 181(b)(2) and (4) or section
185 of the Act.
(d) EFFECT ON STATE COMPLIANCE WITH CARBON MONOXIDE STANDARDS- Notwithstanding
any other provision of law, any State that establishes to the satisfaction
of the Administrator, with respect to a carbon monoxide non-attainment area
in such State, that such State has attained the national ambient air quality
standard for carbon monoxide by the applicable attainment date, but for
emissions emanating from military readiness activities not otherwise meeting
section 176(c) of the Clean Air Act pursuant to subsection (a) of this section,
shall not be subject to the provisions of section 186(b)(2) or 187(g) of
the Act.
(e) Effect on State Compliance With PM-10 Standards- Notwithstanding any
other provisions of law, any State that establishes to the satisfaction
of the Administrator that, with respect to a PM-10 non-attainment area in
such State, such State would have attained the national ambient air quality
standard for PM-10 by the applicable attainment date, but for emission emanating
from military readiness activities not otherwise meeting section 176(c)
of the Clean Air Act pursuant to subsection (a) of this section, shall not
be subject to the provisions of section 188(b)(2) of the Act.
(f) MILITARY READINESS ACTIVITIES- The term `military readiness activities'--
(A) all training and operations of the Armed Forces that relate to combat;
and
(B) the adequate and realistic testing of military equipment, vehicles,
weapons, and sensors for proper operation and suitability for combat
use; but
(A) the routine operation of installation operating support functions,
including but not limited to heat and electric production, administrative
offices, military exchanges, commissaries, water treatment facilities,
storage facilities, schools, housing, motor pools, laundries, morale,
welfare, and recreation activities, shops, and mess halls;
(B) the operation of industrial activities; or
(C) the construction or demolition of facilities used for a purpose
described in paragraph (1).
SEC. 314. RANGE MANAGEMENT.
(a) DEFINITION OF SOLID WASTE- (1) The term `solid waste' as used in the
Solid Waste Disposal Act, as amended (42 U.S.C. 6901 et seq.), does not
include--
(A) military munitions, including unexploded ordnance; or
(B) the constituents thereof,
that are or have come to be located, incident to their normal and expected
use, on an operational range, and remain thereon.
(2) Paragraph (1) shall not apply to--
(A) military munitions, including unexploded ordnance; or
(B) the constituents thereof, that--
(i) are recovered, collected, and then disposed of by burial or landfilling;
(ii) have migrated off an operational range;
(iii) come to be located off of an operational range; or
(iv) remain on the range once the range ceases to be an operational
range.
(3) Nothing in this section affects the authority of Federal, State, interstate,
or local regulatory authorities to determine when--
(A) military munitions, including unexploded ordnance; or
(B) the constituents thereof,
become hazardous waste for purposes of the Solid Waste Disposal Act, as
amended, including, but not limited to, sections 7002 and 7003 (42 U.S.C.
6972 and 6973), except for military munitions, including unexploded ordnance,
or the constituents thereof, that are excluded from the definition of solid
waste by this subsection.
(b) DEFINITION OF RELEASE- (1) The term `release' as used in the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended
(42 U.S.C. 9601 et seq.), does not include the deposit or presence of any--
(A) military munitions, including unexploded ordnance; or
(B) the constituents thereof,
that are or have come to be located, incident to their normal and expected
use, on an operational range, and remain thereon.
(2) Paragraph (1) shall not apply to--
(A) military munitions, including unexploded ordnance; or
(B) the constituents thereof, that--
(i) migrate off an operational range;
(ii) come to be located off of an operational range; or
(iii) remain on the range once the range ceases to be an operational
range.
(3) Notwithstanding the provisions of paragraph (1), the authority of the
President under section 106(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9606(a)),
to take action because there may be an imminent and substantial endangerment
to the public health or welfare or the environment because of an actual
or threatened release of a hazardous substance includes the authority to
take action because of the deposit or presence of any--
(A) military munitions, including unexploded ordnance, or
(B) the constituents thereof,
that are or have come to be located, incident to their normal and expected
use, on an operational range, and remain thereon.
(c) DEFINITIONS- (1) For purposes of this section, the term `constituents'
means any materials originating from military munitions, including--
(B) explosive and non-explosive materials; and
(C) emission, degradation, or breakdown products of such munitions.
(2) For purposes of this section, the terms `military munitions', `operational
range', and `unexploded ordnance' have the meanings given such terms in
section 101(e) of title 10, United States Code.
(d) CHANGE IN RANGE STATUS- Nothing in this section affects the legal requirements
applicable to--
(1) military munitions, including unexploded ordnance, or
(2) the constituents thereof,
that have come to be located on an operational range, once the range ceases
to be an operational range.
(e) CONTINUATION OF AUTHORITY- Nothing in this section affects the authority
of the Department of Defense to protect the environment, safety, and health
on operational ranges.
SEC. 315. EXTENDING IMPORT APPROVAL AUTHORITY.
Section 6(e)(3)(B) of the Toxic Control Act (15 U.S.C. 2605(e)(3)(B)) is
amended by striking `one year' and inserting `three years'.
Subtitle C--Workplace and Depot Issues
SEC. 321. REPEAL OF TIME LIMITATION ON EXCLUSION OF EXPENDITURES ON CONTRACTING
FOR DEPOT-LEVEL MAINTENANCE.
Section 2474(f)(1) of title 10, United States Code, is amended by striking
`entered into during fiscal years 2003 through 2009'.
Subtitle D--Outsourcing
SEC. 331. TEMPORARY SECURITY-GUARD SERVICES FOR INCREASED WORKLOADS CAUSED
BY REALIGNMENTS.
(a) IN GENERAL- Notwithstanding section 2465 of title 10, United States
Code, the Secretary of a military department may, for a period not to exceed
one year at any single installation, contract for security-guard services
at installations selected for realignment under a base closure law when
additional security guard personnel are required for the safe and secure
relocation of--
(1) military munitions and munitions related equipment; or
(2) high value items in temporary storage areas.
(b) DEFINITIONS- As used in this section--
(1) the term `base closure law' has the same meaning as provided in section
101(a)(17) of title 10, United States Code; and
(2) the term `military munitions' has the same meaning as provided in
section 101(e)(4) of title 10, United States Code.
(c) EXPIRATION- The authority granted by this section shall expire on September
15, 2011.
SEC. 332. PARTICIPATION IN SECURITY PROGRAMS BY CHARTER AIR CARRIERS PROVIDING
TRANSPORTATION FOR THE ARMED FORCES.
(a) COMMERCIAL AIRCRAFT- Section 231 of the Immigration and Nationality
Act (8 U.S.C. 1221) is amended--
(1) by redesignating subsections (i) and (j) as subsection (j) and (k),
respectively; and
(2) by inserting after subsection (h) the following new subsection (i):
`(i) EXEMPTION FOR CERTAIN AIRCRAFT- This section does not apply to aircraft
operated or owned by the armed forces, or to other aircraft when employed
to provide charter transportation to the armed forces.'.
(b) CARGO- Section 343(a)(3) of the Trade Act of 2002 (Public Law 107-210;
116 Stat. 983), is amended by adding at the end the following new subparagraph:
`(M) The regulations required by this section shall exempt aircraft
operated or owned by the armed forces, as well as other aircraft when
employed to provide charter transportation to the armed forces.'.
(c) AIR CHARTER PROGRAM- Section 44903(l)(2) of title 49, United States
Code, is amended--
(1) in subparagraph (A), by striking `members of';
(2) by redesignating subparagraph (C) as subparagraph (D); and
(3) by inserting after subparagraph (B) the following new subparagraph
(C):
`(C) SECURITY OPTIONS- The Secretary of Defense, or designee, may authorize
participation in any of the programs and apply any of the requirements
of this chapter to charter operations for the transportation of property
or personnel for the armed forces to facilitate the security and safety
of such charters. The Secretary of Defense will, consistent with operational
requirements and to the extent feasible, structure programs and systems
to facilitate participation in programs administered by the Secretary
of Homeland Security and the Secretary of Transportation. The Secretary
of Defense will participate in information sharing programs but only
if he determines that participation does not diminish the ability of
the Government to effectively carry out its duties and powers related
to national defense.'.
SEC. 333. REVISION AND EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACTOR
PERFORMANCE OF SECURITY-GUARD FUNCTIONS.
(a) Section 332(b) of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2513) is amended--
(1) by striking `and' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting `;
or'; and
(3) by adding at the end the following new paragraph:
`(3) in the case of an installation or facility where security-guard personnel
deploy in support of a contingency operation and thereby create a shortfall
of dedicated installation security-guard personnel at that installation
or facility or at a supporting installation or facility, the entire scope
or extent of the performance of security-guard functions by the security-guard
personnel who deploy, from no more than 120 days before the deployment
to no more than 120 days after the completion of the deployment.'.
(b) Section 332(c) of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2513-14), as amended by
section 324(a) of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1846) and section 344
of the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3201), is further amended by striking `2007' each place
it appears and inserting `2008'.
SEC. 334. EXCEPTION FROM PROHIBITION ON CONTRACTOR PERFORMANCE OF FIREFIGHTING
FUNCTIONS.
Section 2465(b) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
`(5) A contract for the performance of firefighting functions to--
`(A) fight wildland fires such as range or forest fires; and
`(B) perform wildland fire management such as conducting hazardous fuels
treatments to reduce wildland fire risks including prescribed fire and
mechanical treatments.'.
SEC. 335. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF AIRCRAFT UNDER
CONTRACT WITH THE ARMED FORCES.
(a) AMENDMENT TO DEFINITION- Section 40102(a)(41)(E) of title 49, United
States Code, is amended--
(1) by inserting `or an operational support service' after `transportation';
and
(2) by adding at the end the following new sentence: `For purposes of
this paragraph, `an operational support service' means a mission performed
by an air operator that uses fixed or rotary winged aircraft to provide
a service other than transportation.'.
(b) ARMED FORCES OPERATIONAL MISSION- Section 40125(c) of such title is
amended--
(1) in paragraph (1)(C), by inserting `or an operational support service'
after `transportation'; and
(2) by adding at the end the following new paragraph:
`(3) COMPLIANCE OF CIVIL AIRCRAFT OPERATIONS- If the Secretary of Defense
(or the Secretary of the department in which the Coast Guard is operating)
does not make a designation under paragraph (1)(C) with regard to a chartered
aircraft, the transportation or operational support service provided to
the armed forces by such aircraft must be in compliance with the Federal
Aviation Regulations under title 14, Code of Federal Regulations.'.
(c) Technical Corrections-
(1) Section 40125(b) of such title is amended by striking `40102(a)(37)'
each place it appears and inserting `40102(a)(41)'.
(2) Section 40125(c) of such title is amended by striking `40102(a)(37)(E)'
each place it appears and inserting `40102(a)(41)(E)'.
Subtitle E--Other Matters
SEC. 341. PERFORMANCE BASED LOGISTICS CONTRACTS FOR WEAPONS SYSTEMS LOGISTICS
SUPPORT: SPECIAL FUNDING AUTHORITY.
(a) SPECIFIC FUNDING AUTHORITY- The Secretary of Defense may use funds made
available for operation and maintenance on Performance Based Logistics contracts
to finance both expense and investment costs associated with the implementation
of engineering changes that result in a reduction of operation and maintenance
costs.
(b) NOTIFICATION TO CONGRESS- The Secretary of a military department shall
notify Congress 30 days before entering into a Performance Based Logistics
contract under this section that may result in using operation and maintenance
funds for engineering changes. The notice shall state that--
(1) the Department has performed a business case analysis; and
(2) based on that analysis, there is a reasonable expectation that the
proposed Performance Based Logistics contract will result in an overall
reduction of operation and maintenance costs.
(c) DEFINITION- In this section, the term `Performance Based Logistics contract'
means the acquisition of support as an integrated, affordable, performance
package designed to optimize system readiness and meet performance goals
for a weapon system through long-term support arrangements with clear lines
of authority and responsibility. Application of Performance Based Logistics
may be at the system, subsystem, or major assembly level depending on program
unique circumstances and appropriate business case analysis.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of
September 30, 2007, as follows:
(3) The Marine Corps, 175,000.
(4) The Air Force, 334,200.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL- The Armed Forces are authorized strengths for Selected Reserve
personnel of the reserve components as of September 30, 2007, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 200,000.
(3) The Navy Reserve, 71,300.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 107,000.
(6) The Air Force Reserve, 74,900.
(7) The Coast Guard Reserve, 10,000.
(b) ADJUSTMENTS- The end strengths prescribed by subsection (a) for the
Selected Reserve of any reserve component shall be proportionately reduced
by--
(1) the total authorized strength of units organized to serve as units
of the Selected Reserve of such component which are on active duty (other
than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to serve
as units of the Selected Reserve of such component who are on active duty
(other than for training or for unsatisfactory participation in training)
without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such units and by the
total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve components
of the Armed Forces are authorized, as of September 30, 2007, the following
number of Reserves to be serving on full-time active duty or full-time duty,
in the case of members of the National Guard, for the purpose of organizing,
administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 27,441.
(2) The Army Reserve, 15,416.
(3) The Navy Reserve, 12,564.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,206.
(6) The Air Force Reserve, 2,707.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the last
day of fiscal year 2007 for the reserve components of the Army and the Air
Force (notwithstanding section 129 of title 10, United States Code) shall
be the following:
(1) For the Army Reserve, 7,912.
(2) For the Army National Guard of the United States, 26,050.
(3) For the Air Force Reserve, 10,124.
(4) For the Air National Guard of the United States, 23,255.
SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.
(1) NATIONAL GUARD- Within the limitation provided in section 10217(c)(2)
of title 10, United States Code, the number of non-dual status technicians
employed by the National Guard as of September 30, 2007, may not exceed
the following:
(A) For the Army National Guard of the United States, 1,600.
(B) For the Air National Guard of the United States, 350.
(2) ARMY RESERVE- The number of non-dual status technicians employed by
the Army Reserve as of September 30, 2007, may not exceed 595.
(3) AIR FORCE RESERVE- The number of non-dual status technicians employed
by the Air Force Reserve as of September 30, 2007, may not exceed 90.
(b) NON-DUAL STATUS TECHNICIANS DEFINED- In this section, the term `non-dual
status technician' has the meaning given that term in section 10217(a) of
title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE
DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2007, the maximum number of members of the reserve components
of the Armed Forces who may be serving at any time on full-time operational
support duty under section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2007 from
the Armed Forces Retirement Home Trust Fund the sum of $54,846,000 for the
operation of the Armed Forces Retirement Home, including the United States
Soldiers' and Airmen's Home and the Naval Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. DISCRETIONARY SEPARATION AND RETIREMENT OF TWICE NON-SELECTED
CHIEF WARRANT OFFICER FOURS.
Section 580(a)(1) of title 10, United Stated Code, is amended--
(1) by inserting `(except for a chief warrant officer in the grade of
CW4)' after `chief warrant officer'; and
(2) by adding at the end the following new sentence: `Chief warrant officers
in the grade of CW4 shall be retired at the discretion of the Secretary
concerned.'.
Subtitle B--Reserve Component Management
SEC. 511. AUTHORIZED STRENGTHS OF NAVY RESERVE FLAG OFFICERS.
Section 12004 of title 10, United States Code, is amended--
(1) by amending section (c) to read as follows:
`(c) The authorized strength of the Navy and Marine Corps under subsection
(a) is exclusive of officers counted under section 526 of this title.';
(2) by striking subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
SEC. 512. EXPANSION OF AUTHORITIES FOR NATIONAL GUARD AND RESERVE COMPONENTS.
(a) DEFINITION OF ACTIVE GUARD AND RESERVE- Section 101(b) of title 10,
United States Code, is amended by adding at the end the following new paragraph
(16):
`(16) The term `Active Guard and Reserve' means a member of a reserve
component of the armed forces on active duty pursuant to section 12301(d)
of this title, or a member of the Army National Guard or Air National
Guard on full-time National Guard duty pursuant to section 502(f) of title
32, performing Active Guard and Reserve duty.'.
(b) AUTHORITY FOR ACTIVE GUARD AND RESERVE DUTIES TO INCLUDE SUPPORT OF
OPERATIONAL MISSIONS ASSIGNED TO THE RESERVE COMPONENT AND THE INSTRUCTION
AND TRAINING OF ACTIVE DUTY PERSONNEL- Section 12310 of such title is amended--
(1) by striking subsections (a) and (b); and
(2) by inserting the following new subsections (a) and (b):
`(a) AUTHORITY- The Secretary concerned may order a member of the reserve
components to active duty pursuant to section 12301(d) of this title to
perform Active Guard and Reserve duty.
`(b) GRADE WHEN ORDERED TO ACTIVE DUTY- A Reserve ordered to active duty
under subsection (a) shall be ordered in his reserve grade. While so serving,
he continues to be eligible for promotion as a Reserve, if he is otherwise
qualified.';
(3) by redesignating subsections (c) and (d) as subsections (d) and (e),
respectively; and
(4) by inserting after subsection (b) the following new subsection (c):
`(c) DUTIES- A Reserve on active duty under subsection (a) may perform the
following duties in addition to, and not in lieu of, his primary Active
Guard and Reserve duties:
`(1) Supporting operations or missions assigned in whole or in part to
the reserve components.
`(2) Supporting operations or missions performed or to be performed by--
`(A) a unit composed of elements from more than one component of the
same armed force; or
`(B) a joint forces unit that includes--
`(i) one or more reserve component units; or
`(ii) a member of a reserve component whose reserve component assignment
is in a position in an element of the joint forces unit.
`(3) Advising the Secretary of Defense, the Secretaries of the military
departments, the Joint Chiefs of Staff, and the commanders of the unified
combatant command regarding reserve component matters.
`(4) Instructing or training active duty military, foreign military (under
the same authorities and restrictions applicable to active duty troops),
Department of Defense contractor personnel or Department of Defense civilian
employees.'.
(c) DUTIES OF MILITARY TECHNICIANS- Section 10216(a) of such title is amended--
(1) in paragraph (1)(C), by striking `administration and' and inserting
`organizing, administering, instructing, or'; and
(2) by adding at the end the following new paragraph:
`(3) A military technician (dual status) who is employed under section
3101 of title 5 may perform the following duties in addition to, and not
in lieu of, those primary duties described in paragraph (1):
`(A) Supporting operations or missions assigned in whole or in part
to the technician's unit;
`(B) Supporting operations or missions performed or to be performed
by--
`(i) a unit composed of elements from more than one component of the
technician's armed force; or
`(ii) a joint forces unit that includes--
`(I) one or more units of the technician's component; or
`(II) a member of the technician's component whose reserve component
assignment is in a position in an element of the joint forces unit.
`(C) Instructing or training active duty military, foreign military
(under the same authorities and restrictions applicable to active duty
troops), Department of Defense contractor personnel or Department of
Defense civilian employees.'.
(d) DEFINITION OF `ACTIVE GUARD AND RESERVE' AND `ACTIVE GUARD AND RESERVE
DUTY'- Section 101 of title 32, United States Code, is amended by adding
at the end the following new paragraphs:
`(20) The term `Active Guard and Reserve' means a member of the Army National
Guard or Air National Guard on full-time National guard duty pursuant
to section 502(f) of this title, performing Active Guard and Reserve duty.
`(21)(A) The term `Active Guard and Reserve duty' means active duty or
full-time National Guard duty performed by a member of a reserve component
of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard
duty performed by a member of the National Guard, pursuant to an order
to active duty or full-time National Guard duty for a period of 180 consecutive
days or more for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components.
`(B) Such term does not include the following:
`(i) Duty performed as a member of the Reserve Forces Policy Board provided
for under section 10301 of title 10.
`(ii) Duty performed as a property and fiscal officer under section
708 of this title.
`(iii) Duty performed for the purpose of interdiction and counter-drug
activities for which funds have been provided under section 112 of this
title.
`(iv) Duty performed as a general or flag officer.
`(v) Service as a State director of the Selective Service System under
section 10(b)(2) of the Military Selective Service Act (50 App. U.S.C.
460(b)(2)).'.
(e) AUTHORITY TO ORDER MEMBERS TO ACTIVE GUARD AND RESERVE DUTY- (1) Chapter
3 of such title is amended by adding at the end the following new section:
`Sec. 328. Active guard and reserve duty
`(a) AUTHORITY- The Governor of his State or Territory or Puerto Rico, or
the commanding general of the District of Columbia National Guard, as the
case may be, with the consent of the Secretary concerned, may order a member
of the National Guard to perform Active Guard and Reserve duty pursuant
to section 502(f) of this title.
`(b) DUTIES- A member of the National Guard performing duty under subsection
(a) may perform the following duties in addition to, and not in lieu of,
his primary Active Guard and Reserve duties:
`(1) Support of operations or missions undertaken by the member's unit
at the request of the President or the Secretary of Defense.
`(2) Support of Federal training operations or Federal training missions
assigned in whole or in part to the member's unit.
`(3) Instructing or training active duty military, foreign military (under
the same authorities and restrictions applicable to active duty troops),
Department of Defense contractor personnel or Department of Defense civilian
employees.'; and
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`328. Active guard and reserve duty.'.
(f) AUTHORITY FOR NATIONAL GUARD DUTIES TO INCLUDE SUPPORT OF CERTAIN OPERATIONS
AND MISSIONS- Section 502(f) of such title is amended by striking `subsection
(a).' and inserting `subsection (a), which may include--
`(A) support of operations or missions undertaken by the members' unit
at the request of the President or Secretary of Defense; and
`(B) support of Federal training operations or Federal training missions
assigned in whole or in part to the National Guard.'.
(g) EXPANSION OF DUTIES OF TECHNICIANS- Section 709(a) of such title is
amended--
(A) by striking `administration and' and inserting `organizing, administering,
instructing, or'; and
(B) by striking `and' at the end of such paragraph;
(2) by striking the period at the end of paragraph (2) and inserting `;
and'; and
(3) by adding at the end the following new paragraph:
`(3) the performance of the following duties in addition to, and not in
lieu of, those duties described by paragraphs (1) and (2):
`(A) Support of operations or missions undertaken by the technician's
unit at the request of the President or the Secretary of Defense.
`(B) Support of Federal training operations or Federal training missions
assigned in whole or in part to the technician's unit.
`(C) Instructing or training active duty military, foreign military
(under the same authorities and restrictions applicable to active duty
troops), Department of Defense contractor personnel or Department of
Defense civilian employees.'.
(h) NATIONAL GUARD OFFICERS AUTHORITY TO COMMAND- Section 325 of such title
is amended--
(1) in subsection (a)(2), by striking `in command of a National Guard
unit';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new subsection (b):
`(b) ADVANCE AUTHORIZATION AND CONSENT- The President and Governor of the
State or Territory or Puerto Rico, or the commanding general of the District
of Columbia National Guard, as the case may be, respectively, may give the
authorization and consent required by subsection (a)(2), in advance, for
the purpose of establishing the succession of command of a unit.'; and
(4) by adding at the end the following new subsection:
`(d) NATIONAL GUARD DUTIES- An officer who is not relieved from duty in
the National Guard while serving on active duty pursuant to subsection (a)(2)
may perform any duty authorized to be performed by the laws of his State
or Territory, Puerto Rico, or the District of Columbia, as the case may
be, to be performed by the National Guard without regard to the limitations
imposed by section 1385 of title 18.'.
SEC. 513. AMENDMENTS TO PRESIDENTIAL RESERVE CALL-UP AUTHORITY.
Section 12304 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `270' and inserting `365';
(A) by striking `or' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and inserting
`; or'; and
(C) by adding at the end the following new paragraph:
`(3) a serious natural or manmade disaster, accident, or catastrophe.';
(3) in subsection (c)(1)--
(A) by striking `or,' and inserting a comma; and
(B) by striking `, to' and all that follows through the end and inserting
a period;
(4) by redesignating subsection (i) as subsection (j); and
(5) by inserting after subsection (h) the following new subsection (i):
`(i) FAIR TREATMENT- (1) In determining which members in the Selected Reserve
and Individual Ready Reserve will be recalled to duty without their consent,
appropriate consideration shall be given to--
`(A) the length and nature of previous service, to assure such sharing
of exposure to hazards as the national security and military requirements
will reasonably allow;
`(B) family responsibilities; and
`(C) employment necessary to maintain the national health, safety, or
interest.
`(2) The Secretary of Defense shall prescribe such policies and procedures
as he considers necessary to carry out this subsection.'.
Subtitle C--Education and Training
SEC. 521. UNITED STATES MILITARY ACADEMY AND UNITED STATES AIR FORCE ACADEMY
PERMANENT MILITARY PROFESSORS TO ASSUME COMMAND POSITIONS WHILE ON PERIODS
OF SABBATICAL.
(a) UNITED STATES MILITARY ACADEMY- Section 4334(d) of title 10, United
States Code, is amended--
(1) by striking `permanent professors and the';
(2) by striking `exercise' and inserting `exercises'; and
(3) by adding at the end the following new sentence: `At the discretion
of the Secretary of the Army, the permanent professors may exercise command
in the academic department of the Academy or within Army units assigned.'.
(b) UNITED STATES AIR FORCE ACADEMY- Section 9334(b) of such title is amended--
(1) by striking `permanent professors and the';
(2) by striking `exercise' and inserting `exercises'; and
(3) by adding at the end the following new sentence: `At the discretion
of the Secretary of the Air Force, the permanent professors may exercise
command in the academic department of the Academy or within Air Force
units assigned.'.
SEC. 522. UNITED STATES MILITARY ACADEMY EXCHANGE PROGRAM WITH FOREIGN
MILITARY ACADEMIES.
Section 4345 of title 10, United States Code, is amended--
(1) in subsection (b), by striking `24' and inserting `100'; and
(2) in subsection (c)(3), by striking `for the Academy' and all that follows
through the period at the end of the second sentence and inserting `for
the Academy and additional funds provided to the Academy by the Department
of Defense to support cultural immersion, regional awareness, or foreign
language training initiatives. Expenditures from funds appropriated for
the Academy in support of the exchange program may not exceed $1,000,000
during any fiscal year.'.
SEC. 523. AUTHORITY TO PERMIT MEMBERS WHO PARTICIPATE IN THE GUARANTEED
RESERVE FORCES DUTY SCHOLARSHIP PROGRAM TO PARTICIPATE IN THE HEALTH PROFESSIONS
SCHOLARSHIP PROGRAM AND SERVE ON ACTIVE DUTY.
Paragraph (3) of section 2107a(b) of title 10, United States Code, is amended--
(1) by striking `the Secretary may' and inserting `or a cadet or former
cadet under this section who signs an agreement under section 2122 of
this title, the Secretary may';
(2) by striking `consent of the cadet concerned' and inserting `consent
of the cadet, or former cadet, concerned'; and
(3) by striking `submitted by the cadet' and inserting `submitted by the
cadet, or former cadet,'.
SEC. 524. JUNIOR RESERVE OFFICERS' TRAINING CORPS INSTRUCTION ELIGIBILITY
EXPANSION.
Section 2031 of title 10, United States Code, is amended--
(1) in subsection (d)(1), by inserting `who are drawing retired or retainer
pay,' after `Fleet Marine Corps Reserve,'; and
(2) by adding at the end the following new subsection (e):
`(e) Instead of, or in addition to, the detailing of active duty officers
and non-commissioned officers under subsection (c)(1), and the employment
of retired officers and non-commissioned officers and members of the Fleet
Reserve or Fleet Marine Corps Reserve under subsection (d), the Secretary
of the military department concerned may authorize qualified institutions
to employ as administrators and instructors in the program, retired officers
and non-commissioned officers who qualify for retired pay for non-regular
service under the provisions of section 12731 (except those who qualify
for age as defined in section 12731(a)(1)), whose qualifications are approved
by the Secretary and the institution concerned and who request such employment,
subject to the following:
`(1) The compensation package for officers and non-commissioned officers
employed under this subsection shall not be coupled with either active
duty pay or retired pay, but instead shall be at a rate contracted individually
and determined by the Secretary of the military department concerned.
The Secretary may pay the institution an amount the Secretary determined
to be appropriate, but the amount may not be more than the amount that
would be paid on behalf of an equivalent retiree or member of the Fleet
Reserve or Fleet Marine Corps Reserve under the provisions of subsection
(d)(1). The Secretary may continue to pay individuals employed under this
subsection pre-determined compensation packages, even after they reach
the age of 60. Payments by the Secretary concerned under this paragraph
shall be made from funds appropriated for that purpose.
`(2) Notwithstanding any other provision of law, such a retired member
is not, while so employed, considered to be on active duty or inactive
duty training for any purpose.'.
SEC. 525. FREQUENCY OF ADMINISTRATION OF SERVICE ACADEMY SEXUAL ASSAULT
SURVEY AND OF SUBMISSION OF ACADEMIC PROGRAM YEAR REPORTS.
(a) IN GENERAL- (1) Subsection (b) of section 527 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1469)
is amended--
(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
(i) by striking `2007, and 2008' and inserting `2008 and 2010'; and
(ii) by striking `conduct' and inserting `host'.
(2) Subsection (c) of such section is amended--
(A) by striking `annual' each place it appears;
(B) in paragraph (1), by striking `2007, and 2008' and inserting `2008
and 2010'; and
(C) in paragraph (2)(D), by inserting `designated' after `subsequent'.
(b) CLERICAL AND CONFORMING AMENDMENTS- (1) Such section is further amended--
(A) by striking `sexual harassment and violence' each place it appears
and inserting `sexual harassment and sexual violence';
(B) by striking `academy personnel' each place it appears and inserting
`cadets and/or midshipmen';
(C) by inserting `SEXUAL' after `HARASSMENT' in the heading
for such section;
(D) by inserting `SEXUAL' after `HARASSMENT' in the heading for subsection
(a);
(E) by striking `ANNUAL' and inserting `ACADEMY PROGRAM YEAR' in the heading
for subsection (b); and
(F) by striking `ANNUAL' and inserting `ACADEMY PROGRAM YEAR' in the heading
for subsection (c).
(2) The item relating to such section in the table of contents in section
2(b) of such Act is amended to read as follows:
`Sec. 527. Actions to address sexual harassment and sexual violence at
the service academies.'.
SEC. 526. AUTHORITY TO ENROLL DEPENDENTS OF FOREIGN MILITARY AND CIVILIAN
MEMBERS ASSIGNED TO THE SUPREME HEADQUARTERS ALLIED POWERS EUROPE.
Section 1407 of the Defense Dependents' Education Act of 1978 (20 U.S.C.
926), is amended by adding at the end the following new subsection:
`(e) AUTHORITY TO ENROLL DEPENDENTS OF FOREIGN MILITARY MEMBERS ASSIGNED
TO THE SUPREME HEADQUARTERS ALLIED POWERS EUROPE- (1) The Secretary of Defense
may enroll a dependent of a foreign military member assigned to the Supreme
Headquarters Allied Powers Europe (SHAPE) in the Department of Defense dependents'
education system in Mons, Belgium, on a space-required, tuition-free basis.
`(2) The Secretary of Defense shall prescribe by regulation a methodology
based on the estimated total enrollment of Department of Defense dependents
in the Department of Defense dependents' education system in Mons, Belgium
to determine the number of dependents of foreign military members the Secretary
may enroll under subsection (a).
`(3) Notwithstanding section 1404 of this Act, if the number of dependents
of foreign military members assigned to SHAPE who seek enrollment in the
Department of Defense dependents' education system in Mons, Belgium exceeds
the number of dependents determined by the Secretary of Defense under subsection
(b) to be eligible for enrollment on a space-required, tuition-free basis,
then the Secretary may enroll such students on a space-available, tuition-free
basis.'.
Subtitle D--Military Justice Matters
SEC. 531. AIR FORCE LAW ENFORCEMENT.
(a) AIR FORCE LAW ENFORCEMENT- Part I of subtitle D of title 10, United
States Code, is amended by adding at the end the following new chapter:
`CHAPTER 820--LAW ENFORCEMENT
`8150. Air Force Office of Special Investigations.
`8151. Credentials and badges.
`8152. Air Force law enforcement officers.
`8153. Enforcement authority.
`8154. Integration with other authorities.
`Sec. 8150. Air Force Office of Special Investigations
`(a) ESTABLISHMENT- Subject to section 8011 of this title, there shall be
an Air Force Office of Special Investigations within the Department of the
Air Force, organized in such manner as the Secretary of the Air Force shall
direct.
`(b) INVESTIGATIVE AUTHORITY- The Air Force Office of Special Investigations
shall, under regulations prescribed by the Secretary of the Air Force, initiate
and conduct criminal investigations into matters involving the Department
of the Air Force. The Air Force Office of Special Investigations, subject
to the provisions of this title and as otherwise allowed by law, may perform
such other functions of, or assigned to, the Department of the Air Force
as the Secretary directs.
`Sec. 8151. Credentials and badges
`The Commander of the Air Force Office of Special Investigations shall provide
for the issuance and revocation, including retrieval, of such credentials
and badges to its personnel as are necessary to provide for effective identification
of its personnel.
`Sec. 8152. Air Force law enforcement officers
`(a) DESIGNATION OF SPECIAL AGENTS- Special agents of the Air Force Office
of Special Investigations are law enforcement officers for purposes of this
chapter.
`(b) DESIGNATION OF ADDITIONAL PERSONNEL- The Secretary of the Air Force
may designate such additional personnel of the Air Force, whether military
or civilian, as law enforcement officers for purposes of this chapter, when
such personnel are primarily engaged in law enforcement functions. Except
as provided in section 8154 of this title, the powers granted by paragraphs
(2) and (3) of section 8153(a) of this title shall only be exercised by
such additional designated personnel when the Secretary of Defense and the
Attorney General approve the application to them of the guidelines provided
for in section 8153(c)(2) of this title.
`Sec. 8153. Enforcement authority
`(a) OFFICER AUTHORITY- Any person who is a law enforcement officer in accordance
with section 8152 of this title, without regard to whether the officer is
a civilian or a military member, may--
`(2) execute and serve any warrant or other processes issued under the
authority of the United States; and
`(3) make arrests without warrant for--
`(A) any offense against the United States committed in the presence
of such officer; or
`(B) any felony offense against the United States if such officer has
probable cause to believe that the person to be arrested has committed
or is committing that felony offense.
`(b) DISPOSITION OF PERSONS ARRESTED- Any person not subject to chapter
47 of this title (the Uniform Code of Military Justice) who is arrested
pursuant to authority exercised under subsection (a) shall, as soon as is
reasonably practicable, be turned over to the appropriate civilian Federal,
State, or local authorities for custody and prosecution.
`(c) LIMITATIONS- The powers granted by paragraphs (2) and (3) of subsection
(a) shall be exercised only--
`(1) on, or when in hot pursuit from, a military installation or facility
under the jurisdiction, custody, or control of the Secretary or an installation
or facility provided Air Force law enforcement support pursuant to direction
of the Secretary of Defense; and
`(2) in accordance with guidelines prescribed by the Secretary of the
Air Force and approved by the Secretary of Defense and the Attorney General.
`Sec. 8154. Integration with other authorities
