110th CONGRESS
1st Session
S. 567
To authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, to prescribe military personnel strengths
for fiscal year 2008, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 13, 2007
Mr. LEVIN (for himself and Mr. MCCAIN) (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 2008 for military activities
of the Department of Defense, to prescribe military personnel strengths
for fiscal year 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for Fiscal
Year 2008'.
SEC. 2. TABLE OF CONTENTS.
(a) Divisions- This Act is organized into two divisions as follows:
(1) DIVISION A- Department of Defense Authorizations.
(2) DIVISION B- Military Construction Authorizations.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 2. Table of contents.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 102. Navy and Marine Corps.
Sec. 104. Defense-wide activities.
Sec. 105. Rapid Acquisition Fund.
Sec. 106. Joint Improvised Explosive Device Defeat Fund.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for Army programs.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Virginia Class submarine
program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Missile Defense Programs
Sec. 211. Fielding of ballistic missile defense capabilities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Arctic Surplus Superfund Site, Fairbanks,
Alaska.
Sec. 312. Payment to EPA of stipulated penalties in connection with Jackson
Park Housing Complex, Washington.
Sec. 313. Promoting privately conducted responsible, compliant, and economically
beneficial environmental restoration at closed installations.
Sec. 314. Range management.
Sec. 315. Air quality plans.
Sec. 316. Enhanced encroachment protection.
Sec. 317. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake,
Washington.
Subtitle C--Workplace and Depot Issues
Sec. 321. Modification of prohibition on contracts for performance of
firefighting or security-guard functions.
Sec. 322. Flexibility in use of low density/high demand military personnel.
Subtitle D--Other Matters
Sec. 331. Reimbursement for National Guard military support to civilian
law enforcement.
Sec. 332. Extend period to transfer funds into the foreign currency fluctuations
account.
Sec. 333. Availability of Appropriations for unusual cost overruns and
for changes in scope of work for ship overhaul, maintenance, and repair.
Sec. 334. Reauthorization of aviation insurance program.
Sec. 335. Reasonable restrictions on the payment of full replacement value
for personal property claims.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Increase in authorized strengths for Army officers on active
duty in the grade of major to meet new force structure requirements.
Sec. 502. Increase in authorized strengths for Navy officers on active
duty in the grades of lieutenant commander, commander, and captain to
meet new force structure requirements.
Sec. 503. Enhanced authority for reserve general and flag officers to
serve on active duty.
Sec. 504. Reenlistment of officers in their former enlisted grade.
Sec. 505. Discharge of probationary officers and force shaping authority.
Sec. 506. Addition of all Navy permanent military professors to the list
of exemptions to DOPMA authorized grade limitations.
Sec. 507. Mandatory separation of reserve officers in the grade of lieutenant
general or vice admiral.
Sec. 508. Adjustments in payment of continuation of pay in disability
claims.
Sec. 509. Temporary suspension of eligibility for education benefit.
Sec. 510. Increased tenure for general and flag officers.
Sec. 511. Amendment of years of service provision to conform with extended
mandatory retirement age for active-duty general and flag officers.
Subtitle B--Reserve Component Matters
Sec. 521. Duty of regular members of the Army and Air Force with the National
Guard.
Sec. 522. Enforcement of voluntary service agreements.
Sec. 523. Benefits for certain National Guard duty.
Sec. 524. Continued service within two years of retirement eligibility.
Sec. 525. Increase in the period of temporary Federal recognition from
six to twelve months.
Sec. 526. Nuclear officer incentive pay: continuation pay eligibility.
Subtitle C--Education and Training
Sec. 531. Issue of serviceable material other than to Armed Forces.
Sec. 532. Authority for permanent professors at the service military academies
or military graduate schools to sit as members of promotion boards.
Sec. 533. Career military professors of the Navy: promotions.
Subtitle D--General Service Authorities
Sec. 541. Shorten eight year mandatory service obligation for qualified
health professionals in critical specialties.
Sec. 542. Reinstatement of enhanced authority for selective early retirement.
Subtitle E--Military Justice Matters
Sec. 551. Permit secretary to designate persons eligible for legal assistance.
Subtitle F--Defense Dependents Education System
Sec. 561. Private tuition for military dependents in remote overseas areas.
Subtitle G--Other Matters
Sec. 571. Elimination of annual limit on number of ROTC scholarships under
Army Reserve and National Guard program.
Sec. 572. Creation of uniform military band performance authority; clarification
of circumstances that create competition with local civilian musicians.
Sec. 573. Recovery of missing military property by the Navy and Marine
Corps.
Sec. 574. Flexible management of deployments of members.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Allowance for reserve screening.
Sec. 602. JROTC instructor stipends for hard-to-fill areas.
Sec. 603. Income replacement payments for Reserves experiencing extended
and frequent mobilization for active duty service.
Sec. 604. Revisions to tuition assistance authority.
Sec. 605. Montgomery GI Bill for the Selected Reserve benefits for certain
members affected by force shaping initiatives.
Sec. 606. Extended servicemembers' group life insurance.
Sec. 607. Modification of Montgomery GI Bill participation election and
educational loan repayment.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pays for reserve
forces.
Sec. 612. One-year extension of certain bonus and special pay authorities
for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. Exception to 25 years of active duty limit for receipt of critical
skills retention bonus.
Sec. 615. Enhancement of Referral Bonus to Encourage Service in the Army.
Sec. 616. Enhancement of Selected Reserve accession bonus authority.
Sec. 617. Special pay: reenlistment bonus for members of the Selected
Reserve.
Sec. 618. Increase in incentive special pay and multiyear retention bonus
for medical officers of the Armed Forces.
Sec. 619. Increase in dental officer additional special pay.
Sec. 620. Accession bonus for participants in the Armed Forces health
professional scholarship and financial assistance program.
Subtitle C--Retired Pay and Survivor Benefits
Sec. 621. Waiver of recoupment of overpayments of retired pay to spouse
or former spouse as a result of retroactive disability determination.
Sec. 622. Survivor benefit plan; extension of period for election deemed
to have been made.
Sec. 623. Allowing member to submit application for direct payment.
Sec. 624. Division of retired pay to be based on member's length of service
and pay grade at time of divorce.
Sec. 625. Increases for divisions of retired pay expressed as a dollar
amount.
Sec. 626. Lump sum payments to former spouses of members of the uniformed
services.
Sec. 627. Prohibit court-ordered payments before retirement based on imputation
of retired pay.
Sec. 628. Revocation of ten-year rule for direct payment of retired pay.
Sec. 629. Survivor benefit plan; multiple beneficiaries.
Sec. 630. Survivor benefit plan; financial responsibility for survivor
benefit plan participation.
Sec. 631. Survivor benefit plan; presumptive proportionate share.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 641. Continuation of commissary and exchange privileges.
Subtitle E--Other Matters
Sec. 651. Change in the definition of sea duty for career sea pay to include
multi-crew ships.
Sec. 652. Establishment of Army incentive fund.
Sec. 653. Expansion of Selected Reserve education loan repayment program.
Sec. 654. Reemployment rights following certain National Guard duty.
Sec. 655. Allow member To waive notice and provide court order upon request.
Sec. 656. Disregard periods of confinement for dependent victims of abuse.
Sec. 657. Clarifying amendment regarding jurisdiction for purposes of
allocation of retired pay under the Uniformed Services Former Spouse Protection
Act.
Sec. 658. Overseas naturalization of military family members.
TITLE VII--HEALTH CARE PROVISIONS
TRICARE Program Improvements
Sec. 701. Revising TRICARE program cost sharing amounts.
Sec. 702. Exclusion of surrogacy maternity and infant care.
Sec. 703. Suspension of health care eligibility for fraud.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Unified combatant command for joint warfighting experimentation:
acquisition authority.
Sec. 802. Limited authorization to acquire items produced in Iraq or Afghanistan
for use by Iraqi or Afghani forces.
Sec. 803. Authority to use simplified acquisition procedures for certain
commercial items.
Sec. 804. Minimum annual purchase for Civil Reserve Air Fleet contracts.
Sec. 805. Streamline jurisdiction over government contract claims, disputes
and appeals arising out of maritime contracts.
Sec. 806. Revisions to required receipt objectives for previously authorized
disposals from the national defense stockpile.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Repealing the sunset provision of the Acquisition Workforce
Training Fund.
Sec. 812. Revitalization of Department of Defense laboratories.
Sec. 813. Extension of the authority to carry out certain prototype projects.
Sec. 814. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.
Sec. 815. Extending the determination of shortage category positions for
certain Federal acquisition positions.
Sec. 816. Multiyear procurement authority for electricity from renewable
energy sources.
Sec. 817. Exemption for Special Operations Command.
Subtitle C--Other Matters
Sec. 821. Applicability of statutory executive compensation cap made prospective.
Sec. 822. Authority to appoint an acting chair for the Cost Accounting
Standards Board.
Sec. 823. Small business innovation research awards; use of program funds
for administrative costs.
Sec. 824. Small business innovation research program; discretionary technical
assistance.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Department of Defense Board of Actuaries.
Sec. 902. Limitation on major Department of Defense headquarters activities
personnel.
Sec. 903. Flexibility to adjust the number of Army deputy chiefs of staff
and assistant chiefs of staff.
Sec. 904. Receipts for employees and military members of the Department
of Defense.
Sec. 905. Centers for Excellence in Human Rights.
Subtitle B--Chemical Demilitarization Program
Sec. 911. Change in termination requirement for Chemical Demilitarization
Citizens' Advisory Commissions.
Subtitle C--Intelligence-Related Matters
Sec. 921. Repeal of standards of mandatory disqualification from eligibility
for Department of Defense security clearance.
Sec. 922. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism Prevention Act
of 2004.
Sec. 923. Protection of information regarding weapons of mass destruction.
Sec. 924. Prohibition on disclosure of certain geodetic products.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Repeal of requirement for two-year budget cycle for the Department
of Defense.
Sec. 1002. Short-term investment of burden sharing contributions from
Republic of Korea.
Sec. 1003. Increase limitation on advance billing of Working Capital Fund
customers.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Temporary waiver of the minimum aircraft carrier requirement.
Sec. 1012. Disposals to foreign nations.
Subtitle C--Counter-Drug Activities
Sec. 1021. Use of funds for counter-drug and counter-terrorism.
Subtitle D--Matters Related to Homeland Security
Sec. 1031. Support to national special security events and other critical
national security activities.
Subtitle E--Other Matters
Sec. 1041. Protection of Department of Defense persons designated by the
Secretary of Defense.
Sec. 1042. Clarification of jurisdiction of the United States District
Courts to hear bid protest disputes involving maritime contracts.
Sec. 1043. Cancellation of use of aircraft for proficiency flying: limitation.
Sec. 1044. Prompt conversion of Army forces in Hawaii.
Sec. 1045. Expand cooperative agreement authority for management of cultural
resources to include off-installation mitigation.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Compensation for Federal wage system employees for certain
travel hours.
Sec. 1102. Special benefits for civilian employees assigned on deployment
temporary change of station.
Sec. 1103. Authority to waive limitation on premium pay for Federal civilian
employees.
Sec. 1104. Increase in authorized number of defense intelligence senior
executive service employees.
Sec. 1105. Accumulation of annual leave by senior level employees.
Sec. 1106. Travel compensation for prevailing rate employees.
Sec. 1107. Annuity commencing dates.
Sec. 1108. Life insurance coverage for employees called to active duty.
Sec. 1109. Flexibility in setting pay for employees who move from a Department
of Defense or Coast Guard nonappropriated fund instrumentality position
to a DoD or Coast Guard position in the general schedule pay system.
Sec. 1110. Informing government contractor employees of their whistleblower
rights.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to train and equip foreign personnel to assist in
accounting for missing personnel.
Sec. 1202. Provision of support and services to foreign military and state
aircraft.
Subtitle B--Nonproliferation Matters and Countries of Concern
Sec. 1211. Repeal of certain laws pertaining to the Joint Committee for
the Review of Counterproliferation Programs.
Subtitle C--Other Matters
Sec. 1221. Cooperative research and development agreements: NATO organizations;
allied and friendly foreign countries.
Sec. 1222. Amendment to the composition of the Board of Visitors of the
Western Hemisphere Institute for Security Cooperation.
Sec. 1223. Accept funds from the Government of Palau.
Sec. 1224. Sharing risks in international operations.
TITLE XIII--MATTERS RELATED TO DEFENSE AGAINST TERRORISM AND RELATED SECURITY
MATTERS
Sec. 1301. Rationalizing rewards for assistance in combating terrorism.
TITLE XIV--ADDITIONAL AUTHORIZATIONS FOR INCREASED COSTS DUE TO THE GLOBAL
WAR ON TERROR FOR MILITARY ACTIVITIES AND MILITARY CONSTRUCTION FOR FISCAL
YEAR 2008
Sec. 1401. Army procurement.
Sec. 1402. Navy and Marine Corps procurement.
Sec. 1403. Air Force procurement.
Sec. 1404. Defense-wide activities procurement.
Sec. 1405. Joint Improvised Explosive Device Defeat Fund.
Sec. 1406. Research, development, test, and evaluation.
Sec. 1407. Operation and maintenance funding.
Sec. 1408. Working capital funds.
Sec. 1409. Other Department of Defense programs.
Sec. 1410. Iraq Freedom Fund.
Sec. 1411. Afghanistan Security Forces Fund.
Sec. 1412. Iraq Security Forces Fund.
Sec. 1413. Additional end strengths for active forces.
Sec. 1414. Military personnel.
Sec. 1415. Authorized Army construction and land acquisition projects.
Sec. 1416. Military construction authorization of appropriations, Army.
Sec. 1417. Authorized Navy construction and land acquisition projects.
Sec. 1418. Military construction authorization of appropriations, Navy.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI--ARMY
(TO BE SUBMITTED AT A LATER DATE)
TITLE XXII--NAVY
(TO BE SUBMITTED AT A LATER DATE)
TITLE XXIII--AIR FORCE
(TO BE SUBMITTED AT A LATER DATE)
TITLE XXIV--DEFENSE AGENCIES
(TO BE SUBMITTED AT A LATER DATE)
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
(TO BE SUBMITTED AT A LATER DATE)
TITLE XXVI--CHEMICAL DEMILITARIZATION CONSTRUCTION PROGRAM
(TO BE SUBMITTED AT A LATER DATE)
TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES
(TO BE SUBMITTED AT A LATER DATE)
TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
(TO BE SUBMITTED AT A LATER DATE)
TITLE XXIX--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2901. Alternative authority for acquisition and improvement of military
housing.
Sec. 2902. Increased threshold for congressional notification of leases
for military family housing facilities in a foreign country.
Sec. 2903. Updating foreign currency fluctuation adjustment for certain
military family housing leases in Korea.
Sec. 2904. Flexibility in determining domestic family housing lease maximums.
Sec. 2905. Extension of authority to accept equalization payments for
facility exchanges.
Subtitle B--Real Property and Facilities Administration
Sec. 2911. Consolidation of real property provisions without substantive
change.
Sec. 2912. Transfer of the Air Force Memorial to the Department of the
Air Force.
Subtitle C--Land Conveyances
Sec. 2921. Land transfer of Arlington Naval Annex to Arlington National
Cemetery.
Subtitle D--Other Matters
Sec. 2931. Authority to use operation and maintenance funds for construction
projects outside the United States.
Sec. 2932. Streamlining military construction to reduce facility acquisition
and construction cycle time.
Sec. 2933. Amendment of the Federal Land Policy and Management Act of
1976 to include Nevada as a State where the military can access public
land via a permit granted by the Secretary of the Interior.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2008 for
procurement for the Army as follows:
(1) For aircraft, $4,179,848,000.
(2) For missiles, $1,645,485,000.
(3) For weapons and tracked combat vehicles, $3,089,998,000.
(4) For ammunition, $2,190,576,000.
(5) For other procurement, $12,647,099,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy- Funds are hereby authorized to be appropriated for fiscal year
2008 for procurement for the Navy as follows:
(1) For aircraft, $12,747,767,000.
(2) For weapons, including missiles and torpedoes, $3,084,387,000.
(3) For shipbuilding and conversion, $13,656,120,000.
(4) For other procurement, $5,470,412,000.
(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement for the Marine Corps in the amount of $2,999,057,000.
(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be
appropriated for fiscal year 2008 for procurement of ammunition for the
Navy and Marine Corps in the amount of $760,484,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2008 for
procurement for the Air Force as follows:
(1) For aircraft, $12,393,270,000.
(2) For ammunition, $868,917,000.
(3) For missiles, $5,131,002,000.
(4) For other procurement, $15,421,162,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2008 for
Defense-wide procurement in the amount of $3,318,834,000.
SEC. 105. RAPID ACQUISITION FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for
Rapid Acquisition Fund in the amount of $100,000,000.
SEC. 106. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for
Joint Improvised Explosive Device Defeat Fund in the amount of $500,000,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.
Beginning with the fiscal year 2008 program year, the Secretary of the Army
may, in accordance with section 2306b of title 10, United States Code, enter
into multi-year contracts for procurement of the following:
(1) Army Ch-Chinook Helicopter;
(2) M1A2 Abrams System Enhancement Package upgrades, and
(3) M2A3/M3A3 Bradley upgrades.
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE
PROGRAM.
(a) Authority- The Secretary of the Navy may, in accordance with section
2306b of title 10, United States Code, enter into multiyear contracts, beginning
with the fiscal year 2009 program year, for the procurement of Virginia-class
submarines and government-furnished equipment.
(b) Limitations- The Secretary of the Navy may not enter into a contract
authorized by subsection (a) until--
(1) the Secretary submits to the congressional defense committees a certification
that the Secretary has made each of the findings with respect to such
contract specified in subsection (a) of section 2306b of title 10, United
States Code; and
(2) a period of 30 days has elapsed after the date of the transmission
of such certification.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for
the use of the Department of Defense for research, development, test, and
evaluation, as follows:
(1) For the Army, $10,589,604,000.
(2) For the Navy, $17,075,536,000.
(3) For the Air Force, $26,711,940,000.
(4) For Defense-wide activities, $20,740,114,000, of which $180,264,000
is authorized for the Director of Operational Test and Evaluation.
Subtitle B--Missile Defense Programs
SEC. 211. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Upon approval by the Secretary of Defense, funds authorized to be appropriated
for fiscal year 2009 for research, development, test, and evaluation for
the Missile Defense Agency may be used for the development and fielding
of ballistic missile defense capabilities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2008 for
the use of the Armed Forces and other activities and agencies of the Department
of Defense, for expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $28,924,973,000.
(2) For the Navy, $33,334,690,000.
(3) For the Marine Corps, $4,961,393,000.
(4) For the Air Force, $33,655,633,000.
(5) For the Defense-wide activities, $22,574,278,000.
(6) For the Army Reserve, $2,508,062,000.
(7) For the Navy Reserve, $1,186,883,000.
(8) For the Marine Corps Reserve, $208,637,000.
(9) For the Air Force Reserve, $2,692,077,000.
(10) For the Army National Guard, $5,840,209,000.
(11) For the Air National Guard, $5,041,965,000.
(12) For the United States Court of Appeals for the Armed Forces, $11,971,000.
(13) For Environmental Restoration, Army, $434,879,000.
(14) For Environmental Restoration, Navy, $300,591,000.
(15) For Environmental Restoration, Air Force, $458,428,000.
(16) For Environmental Restoration, Defense-wide, $12,751,000.
(17) For Environmental Restoration, Formerly Used Defense Sites, $250,249,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid programs, $103,300,000.
(19) For Former Soviet Union Threat Reduction programs, $348,048,000.
(20) For the Overseas Contingency Operations Transfer Fund, $5,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for
the use of the Armed Forces and other activities and agencies of the Department
of Defense for providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Working Capital Funds, $1,352,746,000.
(2) For the National Defense Sealift Fund, $1,079,094,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program- Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2008 for expenses, not otherwise
provided for, for the Defense Health Program, in the amount of $20,679,124,000,
of which--
(1) $20,182,381,000 is for Operation and Maintenance;
(2) $134,482,000 is for Research, Development, Test, and Evaluation; and
(3) $362,261,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Army-
(1) AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2008 for expenses,
not otherwise provided for, for Chemical Agents and Munitions Destruction,
in the amount of $1,455,724,000, of which--
(A) $1,198,086,000 is for Operation and Maintenance;
(B) $221,212,000 is for Research, Development, Test, and Evaluation;
and
(C) $36,426,000 is for Procurement.
(2) USE- Amounts authorized to be appropriated under paragraph (1) are
authorized for--
(A) the destruction of lethal chemical agents and munitions in accordance
with section 1412 of the Department of Defense Authorization Act, 1986
(50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the United States
that is not covered by section 1412 of such Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-Wide- Funds are
hereby authorized to be appropriated for the Department of Defense for fiscal
year 2008 for expenses, not otherwise provided for, for Drug Interdiction
and Counter-Drug Activities, Defense-wide, in the amount of $936,822,000.
(d) Defense Inspector General- Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2008 for expenses, not otherwise
provided for, for the Office of the Inspector General of the Department
of Defense, in the amount of $215,995,000, of which--
(1) $214,995,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.
Subtitle B--Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH THE ARCTIC SURPLUS SUPERFUND SITE, FAIRBANKS, ALASKA.
From funds authorized to be appropriated by section 301(16) for Environmental
Restoration, Defense-wide, the Secretary of Defense may, notwithstanding
section 2215 of title 10, United States Code, transfer not more than $186,625.38
to the Hazardous Substance Superfund to reimburse the Environmental Protection
Agency for costs incurred pursuant to the agreement known as `In the Matter
of Arctic Surplus Superfund Site, U.S. EPA Docket Number CERCLA-10-2003-0114:
Administrative Order on Consent for Remedial Design and Remedial Action,'
entered into by the Department of Defense and the Environmental Protection
Agency on December 11, 2003.
SEC. 312. PAYMENT TO EPA OF STIPULATED PENALTIES IN CONNECTION WITH JACKSON
PARK HOUSING COMPLEX, WASHINGTON.
From funds authorized to be appropriated by section 301(14) for operation
and maintenance for Environmental Restoration, Navy, the Secretary of the
Navy may, notwithstanding section 2215 of title 10, United States Code,
transfer not more than $40,000.00 to the Hazardous Substance Superfund to
pay a stipulated penalty assessed by the Environmental Protection Agency
on October 25, 2005, against the Jackson Park Housing Complex, Washington,
for the Navy's failure to timely submit a draft final Phase II Remedial
Investigation Work Plan for the Jackson Park Housing Complex Operable Unit
(OU-3T-JPHC) pursuant to a schedule included in an Interagency Agreement
(Administrative Docket No. CERCLA-10-2005-0023).
SEC. 313. PROMOTING PRIVATELY CONDUCTED RESPONSIBLE, COMPLIANT, AND ECONOMICALLY
BENEFICIAL ENVIRONMENTAL RESTORATION AT CLOSED INSTALLATIONS.
Section 2905(e) of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(A) in subparagraph (A), by striking `, waste management, and environmental
compliance';
(B) in subparagraph (B), by striking `exclusively for the use' and all
that follows through the period at the end of the subparagraph and inserting
`for purposes other than to assist the homeless.'; and
(C) in subparagraph (C), by inserting before the period at the end the
following: `, and shall require appropriate financial assurance (as
determined by the Secretary) by the property recipient for environmental
restoration activities not otherwise addressed by paragraph (5)';
(2) in paragraph (2), by striking `Congress that' and all that follows
through the end and inserting `Congress that the resulting transaction
will--
`(A) ensure that all response actions necessary to protect human health
and the environment will be completed;
`(B) provide an economically sound transaction for the United States;
and
`(C) promote rapid reuse of the property.'.
(3) by striking paragraph (3);
(4) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4),
and (5), respectively;
(5) in paragraph (5), as so redesignated, by striking `paragraph (4)'
and inserting `paragraph (3)'; and
(6) by adding at the end the following new paragraph (6):
`(6) Any payments received pursuant to an agreement under paragraph (1)
at an installation approved for closure or realignment on or before January
1, 2005, shall be deposited into the account established pursuant to section
2906. Any payments received under paragraph (1) at an installation approved
for closure or realignment after January 1, 2005, shall be deposited into
the account established pursuant to section 2906A.'.
SEC. 314. 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. AIR QUALITY PLANS.
(a) Conformity With Clean Air Act- In any case in which the requirements
of section 176(c) of the Clean Air Act would have applied to proposed military
readiness activities, the Department of Defense shall not be prohibited
from engaging in such activities and it shall have up to three years, from
the date such activities begin, to satisfy the requirements of that section,
provided:
(1) the Department of Defense has provided the State in which the proposed
military readiness activities would occur an estimate of the annual emissions
caused by the proposed military readiness activities for all criteria
pollutants for which the area is designated `non-attainment' or `maintenance';
and
(2) the State provides written concurrence with the extension of up to
three years.
(b) Environmental Protection Agency Approval- Notwithstanding any other
provisions of law, an implementation plan or plan revision required under
the Clean Air Act shall be approved by the Administrator of the Environmental
Protection Agency if:
(1) such plan or revision meets all the requirements applicable to it
under the Clean Air Act other than a requirement that such plan or revision
demonstrate attainment and maintenance of the relevant national ambient
air quality standards by the attainment date specified under the applicable
provision of the Act, or in a regulation promulgated under such provision;
and
(2) the submitting State established to the satisfaction of the Administrator
that the implementation plan of such State would be adequate to attain
and maintain the relevant national ambient air quality standards by the
attainment date specified under the applicable provision of the Act, or
in a regulation promulgated under such provision, but for emissions emanating
from military readiness activities not otherwise meeting section 176(c)
of the Act pursuant to subsection (a) of this section.
(c) Effect on State Compliance With Ozone Standards- Notwithstanding any
other provisions of law, any State that establishes to the satisfaction
of the Administrator that, with respect to an ozone non-attainment area
in such State, such State would have attained the national ambient air quality
standard for ozone by the applicable attainment date, but for emissions
emanating from military readiness activities not otherwise meeting section
176(c) of the Clean Air Act pursuant to subsection (a) of this section,
shall not be subject to the provisions of section 181(b)(2) and (4) or section
185 of the Act.
(d) Effect on State Compliance With Carbon Monoxide Standards- Notwithstanding
any other provision of law, any State that establishes to the satisfaction
of the Administrator, with respect to a carbon monoxide non-attainment area
in such State, that such State has attained the national ambient air quality
standard for carbon monoxide by the applicable attainment date, but for
emissions emanating from military readiness activities not otherwise meeting
section 176(c) of the Clean Air Act pursuant to subsection (a) of this section,
shall not be subject to the provisions of section 186(b)(2) or 187(g) of
the Act.
(e) Effect on State Compliance With PM-10 Standards- Notwithstanding any
other provisions of law, any State that establishes to the satisfaction
of the Administrator that, with respect to a PM-10 non-attainment area in
such State, such State would have attained the national ambient air quality
standard for PM-10 by the applicable attainment date, but for emission emanating
from military readiness activities not otherwise meeting section 176(c)
of the Clean Air Act pursuant to subsection (a) of this section, shall not
be subject to the provisions of section 188(b)(2) of the Act.
(f) Military Readiness Activities- The term `military readiness activities'
(1) includes--
(A) all training and operations of the Armed Forces that relate to combat;
and
(B) the adequate and realistic testing of military equipment, vehicles,
weapons, and sensors for proper operation and suitability for combat use;
but
(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. 316. ENHANCED ENCROACHMENT PROTECTION.
Section 2684a(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4),
(5), (6), and (7), respectively;
(2) by inserting after paragraph (2) the following new paragraph (3):
`(3) An agreement with an eligible entity under subsection (a)(2) of this
section may provide for the management of natural resources and the contribution
by the United States towards natural resource management costs on any
real property in which a military department has acquired any right title
or interest in accordance with paragraph (1)(A) where there is a demonstrated
need to preserve or restore habitat for purposes of subsection (a)(2).';
and
(3) in paragraph (4)(C), as redesignated by paragraph (1), by striking
`equal to the fair market value' and all that follows through the period
at the end and inserting `equal to--
`(i) the fair market value of any property or interest in property
to be transferred to the United States upon the request of the Secretary
concerned under paragraph (5); or
`(ii) at the discretion of the Secretary concerned, the cumulative
fair market value of all properties or interests to be transferred
to the United States under paragraph (5) pursuant to an agreement
under subsection (a).'.
SEC. 317. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE,
WASHINGTON.
From funds authorized to be appropriated by section 301(16) for Environmental
Restoration, Defense-wide, the Secretary of Defense may, notwithstanding
section 2215 of title 10, United States Code, transfer not more than $91,588.51
to the Moses Lake Wellfield Superfund Site 10-6J Special Account to reimburse
the Environmental Protection Agency for costs incurred pursuant to a remedial
investigation/feasibility study performed by the Department of the Army
under the Defense Environmental Restoration Program at the former Larson
Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington, provided
for in the interagency agreement entered into by the Department of the Army
and the Environmental Protection Agency for the Moses Lake Wellfield Superfund
Site in March 1999.
Subtitle C--Workplace and Depot Issues
SEC. 321. MODIFICATION OF PROHIBITION ON CONTRACTS FOR PERFORMANCE OF
FIREFIGHTING OR SECURITY-GUARD FUNCTIONS.
Section 2465(b)(4) of title 10, United States Code, is amended by inserting
`or security-guard' after `firefighting' both places it appears.
SEC. 322. FLEXIBILITY IN USE OF LOW DENSITY/HIGH DEMAND MILITARY PERSONNEL.
Paragraph (4) of section 2465(b) of title 10, United States Code, is amended
to read as follows:
`(4) A contract for the performance of security-guard or firefighting
functions that the Secretary of Defense determines are, or otherwise would
be, performed by members of the armed forces.'.
Subtitle D--Other Matters
SEC. 331. REIMBURSEMENT FOR NATIONAL GUARD MILITARY SUPPORT TO CIVILIAN
LAW ENFORCEMENT.
Section 377 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `To' and inserting `Subject to subsection
(c), to';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new subsection (b):
`(b)(1) Subject to subsection (c), the Secretary of Defense shall require
a federal civilian law enforcement agency to which support is provided by
National Guard personnel authorized to perform other duty under section
502(f) of title 32, to reimburse the Department of Defense for the costs
of that support, notwithstanding any other provision of law. No other provision
of this chapter shall apply to such support.
`(2) Any funds received by the Department of Defense as reimbursement for
support provided by units or members of the National Guard under this subsection
shall be credited, at the option of the Secretary of Defense, to:
`(A) the appropriation, fund, or account used to fund the support; or
`(B) the appropriate appropriation, fund, or account currently available
for such purpose.'; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) in the matter preceding paragraph (1), by inserting `or under section
502(f) of title 32' after `under this chapter'; and
(B) in paragraph (2), by inserting `or units or members of the National
Guard' after `Department of Defense'.
SEC. 332. EXTEND PERIOD TO TRANSFER FUNDS INTO THE FOREIGN CURRENCY FLUCTUATIONS
ACCOUNT.
Section 2779 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking `second' and inserting `fifth';
and
(2) in subsection (d)(2), by striking `second' and inserting `fifth'.
SEC. 333. AVAILABILITY OF APPROPRIATIONS FOR UNUSUAL COST OVERRUNS AND
FOR CHANGES IN SCOPE OF WORK FOR SHIP OVERHAUL, MAINTENANCE, AND REPAIR.
(a) In General- Section 7313 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `an industrial-fund activity' and inserting
`a Center of Industrial and Technical Excellence'; and
(2) in subsection (b)(1)--
(A) by striking `for payments to an industrial-fund activity' and inserting
`for costs incurred by a Center of Industrial and Technical Excellence';
and
(B) by striking `the industrial-fund activity' and inserting `the Center
of Industrial and Technical Excellence'.
(b) Clerical Amendment- (1) Such section is further amended by amending
the section heading to read as follows:
`Sec. 7313. Availability of appropriations for unusual cost overruns and
for changes in scope of work for ship overhaul, maintenance, and repair';
(2) The table of contents at the beginning of chapter 633 of such title
is amended by striking the item relating to section 7313 and inserting the
following new item:
`7313. Availability of appropriations for unusual cost overruns and for
changes in scope of work for ship overhaul, maintenance, and repair.'.
SEC. 334. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM.
Section 44310 of title 49, United States Code, is amended by striking `March
30, 2008' and inserting `December 31, 2013'.
SEC. 335. REASONABLE RESTRICTIONS ON THE PAYMENT OF FULL REPLACEMENT VALUE
FOR PERSONAL PROPERTY CLAIMS.
Section 2636a(d) of title 10, United States Code, is amended by adding at
the end the following new sentence: `The regulations may require members
of the armed forces or civilian employees of the Department of Defense to
comply with reasonable restrictions in order to receive benefits under this
section.'.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of
September 30, 2008, as follows:
(3) The Marine Corps, 180,000.
(4) The Air Force, 328,600.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General- The Armed Forces are authorized strengths for Selected Reserve
personnel of the reserve components as of September 30, 2008, as follows:
(1) The Army National Guard of the United States, 351,300.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 67,800.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 67,500.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments- The end strengths prescribed by subsection (a) for the
Selected Reserve of any reserve component shall be proportionately reduced
by--
(1) the total authorized strength of units organized to serve as units
of the Selected Reserve of such component which are on active duty (other
than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to serve
as units of the Selected Reserve of such component who are on active duty
(other than for training or for unsatisfactory participation in training)
without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such units and by the
total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve components
of the Armed Forces are authorized, as of September 30, 2008, the following
number of Reserves to be serving on full-time active duty or full-time duty,
in the case of members of the National Guard, for the purpose of organizing,
administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 29,204.
(2) The Army Reserve, 15,870.
(3) The Navy Reserve, 11,579.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,936.
(6) The Air Force Reserve, 2,721.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the last
day of fiscal year 2008 for the reserve components of the Army and the Air
Force (notwithstanding section 129 of title 10, United States Code) shall
be the following:
(1) For the Army Reserve, 8,249.
(2) For the Army National Guard of the United States, 26,502.
(3) For the Air Force Reserve, 9,909.
(4) For the Air National Guard of the United States, 22,553.
SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.
(1) NATIONAL GUARD- Within the limitation provided in section 10217(c)(2)
of title 10, United States Code, the number of non-dual status technicians
employed by the National Guard as of September 30, 2008, may not exceed
the following:
(A) For the Army National Guard of the United States, 1,600.
(B) For the Air National Guard of the United States, 350.
(2) ARMY RESERVE- The number of non-dual status technicians employed by
the Army Reserve as of September 30, 2008, may not exceed 595.
(3) AIR FORCE RESERVE- The number of non-dual status technicians employed
by the Air Force Reserve as of September 30, 2008, may not exceed 90.
(b) Non-Dual Status Technicians Defined- In this section, the term `non-dual
status technician' has the meaning given that term in section 10217(a) of
title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE
DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2008, the maximum number of members of the reserve components
of the Armed Forces who may be serving at any time on full-time operational
support duty under section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
This section would authorize $105,403,698,000 to be appropriated for military
personnel.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2008 for the
Armed Forces Retirement Home the sum of $61,624,000 for the operation of
the Armed Forces Retirement Home, including the United States Soldiers'
and Airmens' Home and the Naval Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE
DUTY IN THE GRADE OF MAJOR TO MEET NEW FORCE STRUCTURE REQUIREMENTS.
The table in section 523(a)(l) of title 10, United States Code, is amended
by striking the figures under the heading `Major' in the portion of the
table relating to the Army and inserting the following:
---------
---------
`7,768
8,689
9,611
10,532
11,454
12,375
13,297
14,218
15,140
16,061
16,983
17,903
18,825
19,746
20,668
21,589
22,511
24,354
26,197
28,040
35,412'.
---------
SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE
DUTY IN THE GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN TO MEET
NEW FORCE STRUCTURE REQUIREMENTS.
The table in section 523(a)(2) of title 10, United States Code, is amended
by striking the figures under the headings `Lieutenant Commander,' `Commander',
and `Captain' and inserting the following:
---------------------
---------------------
`7,698 5,269 2,222
8,189 5,501 2,334
8,680 5,733 2,447
9,172 5,965 2,559
9,663 6,197 2,671
10,155 6,429 2,784
10,646 6,660 2,896
11,136 6,889 3,007
11,628 7,121 3,120
12,118 7,352 3,232
12,609 7,583 3,344
13,100 7,813 3,457
13,591 8,044 3,568
14,245 8,352 3,718
17,517 9,890 4,467'.
---------------------
SEC. 503. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG OFFICERS TO
SERVE ON ACTIVE DUTY.
Section 526(d) of title 10, United States Code, is amended to read as follows:
`(d) Exclusion of Certain Officers- (1) The limitations of this section
do not apply to a reserve component general or flag officer who is--
`(A) on active duty for training; or
`(B) on active duty under a call or order specifying a period of less
than 180 days.
`(2) Notwithstanding the limitation in paragraph (1)(B), the Secretary concerned
may authorize not more than ten percent of the number of officers authorized
under section 12004 of this title to serve for a period not to exceed 365
days. In determining the maximum number of officers that may serve on active
duty at any one time under this paragraph, any fraction shall be rounded
down to the next whole number, and at least one officer per service will
be authorized under this section.'.
SEC. 504. REENLISTMENT OF OFFICERS IN THEIR FORMER ENLISTED GRADE.
(a) Regular Army- Section 3258 of title 10, United States Code, is amended--
(A) by striking `a Reserve' and inserting `an'; and
(B) by striking `a temporary' and inserting `an'; and
(A) in paragraph (1), by striking `a Reserve' and inserting `an'; and
(B) in paragraph (2), by striking `Reserve'.
(b) Regular Air Force- Section 8258 of such title is amended--
(A) by striking `a reserve' and inserting `an'; and
(B) by striking `a temporary' and inserting `an'; and
(A) in paragraph (1), by striking `a Reserve' and inserting `an'; and
(B) in paragraph (2), by striking `Reserve'.
SEC. 505. DISCHARGE OF PROBATIONARY OFFICERS AND FORCE SHAPING AUTHORITY.
(a) Active-Duty List Officers: Years of Active Commissioned Service- Section
630(1)(A) of title 10, United States Code, is amended by striking `five'
and inserting `six'.
(b) Officer Force Shaping Authority- Section 647(b)(1) of such title is
amended by striking `5' both places it appears and inserting `6'.
(c) Reserve Officers: Years of Active Commissioned Service- Section 14503(a)(1)
of such title is amended by striking `five' and inserting `six'.
SEC. 506. ADDITION OF ALL NAVY PERMANENT MILITARY PROFESSORS TO THE LIST
OF EXEMPTIONS TO DOPMA AUTHORIZED GRADE LIMITATIONS.
Section 523(b)(8) of title 10, United States Code, is amended by inserting
before the period at the end the following: `, and career military professors
(as defined in regulations prescribed by the Secretary of the Navy) of the
Naval War College, the Naval Postgraduate School, and any other graduate-level
institution established to provide advanced education to members of the
Navy and Marine Corps, but not to exceed 35 in addition to those serving
at the Naval Academy'.
SEC. 507. MANDATORY SEPARATION OF RESERVE OFFICERS IN THE GRADE OF LIEUTENANT
GENERAL OR VICE ADMIRAL.
Section 14508 of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d) and (e) as subsections (d),
(e) and (f), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
`(c) Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals-
Unless retired, transferred to the Retired Reserve, or discharged at an
earlier date, each reserve officer of the Army, Air Force, or Marine Corps
in the grade of lieutenant general and each reserve officer of the Navy
in the grade of vice admiral shall, 30 days after completion of 38 years
of commissioned service, be separated in accordance with section 14514 of
this title.'.
SEC. 508. ADJUSTMENTS IN PAYMENT OF CONTINUATION OF PAY IN DISABILITY
CLAIMS.
(a) Time of Accrual of Right- The text of section 8117 of title 5, United
States Code, is amended to read as follows:
`(a) An employee is not entitled to compensation or continuation of pay
within the meaning of section 8118 of this title for the first 3 days of
temporary disability, except--
`(1) when the disability exceeds 14 days; or
`(2) as provided by sections 8103 and 8104 of this title.
`(b) An employee may use annual leave, sick leave, or leave without pay
during the three-day waiting period provided under subsection (a). If the
disability exceeds 14 days, the employee may have their sick leave or annual
leave reinstated or receive pay for the time spent on leave without pay
under this section.'.
(b) Continuation of Pay- Section 8118 of such title is amended--
(1) in subsection (b)(1), by inserting `, except as provided under section
8117,' after `time'; and
(2) by striking subsection (c) and redesignating subsections (d) and (e)
as subsections (c) and (d), respectively.
(c) Subrogation of the United States- Section 8131 of such title is amended--
(1) in subsection (a), by inserting `continuation of pay or' after `which'
in the matter preceding paragraph (1); and
(2) in subsection (c), by inserting `continuation of pay or' after `the
amount of'.
(d) Adjustment After Recovery From a Third Person- Section 8132 of such
title is amended--
(1) in the first sentence--
(A) by inserting `continuation of pay or' after `for which';
(B) by inserting `continuation of pay or' after `entitled to'; and
(C) by inserting `continuation of pay and' after `amount of'; and
(2) by amending the fourth sentence to read as follows: `If continuation
of pay or compensation has not been paid to the beneficiary, the money
or property shall be credited against continuation of pay or compensation
payable to him by the United States for the same injury.'.
SEC. 509. TEMPORARY SUSPENSION OF ELIGIBILITY FOR EDUCATION BENEFIT.
Section 16165(b) of title 10, United States Code, is amended to read as
follows:
`(b) Exception- Under regulations prescribed by the Secretary of Defense,
a member of the Selected Reserve of the Ready Reserve who incurs a break
in Selected Reserve service, but remains in the Individual Ready Reserve
or Inactive National Guard during such break, may continue to receive educational
assistance under this chapter for up to 90 days during such break. However,
eligibility for educational assistance shall be suspended after the 90th
day of such break until the member returns to service in the Selected Reserve.'.
SEC. 510. INCREASED TENURE FOR GENERAL AND FLAG OFFICERS.
(a) In General- Sections 636 of title 10, United States Code, is amended--
(1) by striking subsections (b) and (c); and
(2) by inserting after subsection (a) the following new subsection (b):
`(b) Exception- Officers serving above the grade of major general or rear
admiral may continue to serve without regard to years of service.'.
(b) Conforming Amendments-
(1) Subsection (a) of such section is amended by striking `or (c)'.
(2) Section 637(b) of such title is amended by striking the last sentence
in paragraph (2).
(3) Section 14508 of such title is amended--
(A) by redesignating subsections (c), (d), and (e) as subsections (d),
(e), and (f), respectively; and
(B) by inserting after subsection (b) the following new subsection (c):
`(c) Officers Serving Above the Grade of Major General or Rear Admiral-
Officers serving above the grade of major general or rear admiral may continue
to serve without regard to years of service.'.
SEC. 511. AMENDMENT OF YEARS OF SERVICE PROVISION TO CONFORM WITH EXTENDED
MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL AND FLAG OFFICERS.
Section 637(b)(3) of title 10, United States Code, is amended by striking
`but such period may not (except as provided under section 1251(b) of this
title) extend beyond the date of the officer's sixty-second birthday' and
inserting `except as provided under section 1253 of this title'.
Subtitle B--Reserve Component Matters
SEC. 521. DUTY OF REGULAR MEMBERS OF THE ARMY AND AIR FORCE WITH THE NATIONAL
GUARD.
Section 315 of title 32, United States Code, is amended by adding at the
end the following new subsection:
`(c) A commissioned officer or enlisted member of the Regular Army or Regular
Air Force detailed, without vacating his or her regular appointment, to
duty with the Army National Guard or the Air National Guard of a State,
the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or the District
of Columbia, may perform any duty authorized to be performed by the laws
of the applicable State, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, or the District of Columbia, as appropriate, without regard to
the limitations imposed by section 1385 of title 18.'.
SEC. 522. ENFORCEMENT OF VOLUNTARY SERVICE AGREEMENTS.
Section 12301(d) of title 10, United States Code, is amended by adding at
the end the following new sentence: `When a member has entered into a written
service agreement (other than an agreement under section 12311 of this title)
with the Secretary concerned specifying a period or periods of active duty
to be performed for a particular mission or requirement, and in the case
of a member of the Army National Guard of the United States or the Air National
Guard of the United States with the consent of the Governor or other appropriate
authority of the State concerned, the member may not withdraw his consent,
unless agreed to by the Secretary, and the Secretary may order the member
to active duty in accordance with the terms of the service agreement.'.
SEC. 523. BENEFITS FOR CERTAIN NATIONAL GUARD DUTY.
Section 12602 of title 10, United States Code, is amended--
(A) by striking `and' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and inserting
`; and'; and
(C) by adding at the end the following new paragraph:
`(4) duty performed by a member of the Army National Guard of the United
States in his status as a member of the Army National Guard under section
502(f) of title 32 at the request of the President or the Secretary of
Defense shall be considered active duty in Federal service as a Reserve
of the Army for the purposes of providing benefits that are provided to
Reserve component members performing duty pursuant to an order to active
duty under a provision of law referred to in section 101(a)(13)(B) of
this title.'; and
(A) by striking `and' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and inserting
`; and'; and
(C) by adding at the end the following new paragraph:
`(4) duty performed by a member of the Air National Guard of the United
States in his status as a member of the Air National Guard under section
502(f) of title 32 at the request of the President or the Secretary of
Defense shall be considered active duty in Federal service as a Reserve
of the Air Force for the purposes of providing benefits that are provided
to Reserve component members performing duty pursuant to an order to active
duty under a provision of law referred to in section 101(a)(13)(B) of
this title.'.
SEC. 524. CONTINUED SERVICE WITHIN TWO YEARS OF RETIREMENT ELIGIBILITY.
Section 12686(b) of title 10, United States Code, is amended to read as
follows:
`(b) Waiver- With respect to a member of a reserve component who is to be
ordered to active duty (other than for training) under section 12301 of
this title pursuant to an order to active duty for a single period or multiple
periods and who (but for this subsection) would be covered by subsection
(a), the Secretary concerned may require, as a condition of such order or
multiple orders to active duty, that the member waive the applicability
of subsection (a) to the member for the period or periods of active duty
covered by that order and may include subsequent orders. In carrying out
this subsection, the Secretary concerned may require that a waiver under
the preceding sentence be executed before the period of active duty begins.
At anytime before commencing a period of active duty covered by such a waiver,
the member may withdraw consent to waive the applicability of subsection
(a).'.
SEC. 525. INCREASE IN THE PERIOD OF TEMPORARY FEDERAL RECOGNITION FROM
SIX TO TWELVE MONTHS.
Section 308(a) of title 32, United States Code, is amended by striking `six
months' and inserting `twelve months'.
SEC. 526. NUCLEAR OFFICER INCENTIVE PAY: CONTINUATION PAY ELIGIBILITY.
Section 312 of title 37, United States Code, is amended--
(1) in subsection (a)(3), by striking `26' and inserting `30'; and
(2) in subsection (e)(1), by striking `26' and inserting `30'.
Subtitle C--Education and Training
SEC. 531. ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES.
(a) In General- Part IV of subtitle C of title 10, United States Code, is
amended by adding at the end the following new chapter:
`CHAPTER 667--ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
`7911. Arms, tentage, and equipment: educational institutions not maintaining
units of ROTC.
`7912. Rifles and ammunition for target practice: educational institutions
having corps of cadets.
`7913. Supplies; military instruction camps.
`Sec. 7911. Arms, tentage, and equipment: educational institutions not
maintaining units of ROTC
`Under such conditions as he may prescribe, the Secretary of the Navy may
issue arms, tentage, and equipment that he considers necessary for proper
military training, to any educational institution at which no unit of the
Reserve Officers' Training Corps is maintained, but which has a course in
military training prescribed by the Secretary and which has at least 50
physically fit students over 14 years of age.
`Sec. 7912. Rifles and ammunition for target practice: educational institutions
having corps of cadets
`(a) Authority To Lend- The Secretary of the Navy may lend, without expense
to the United States, magazine rifles and appendages, that are not of the
existing service models in use at the time and that are not necessary for
a proper reserve supply, to any educational institution having a uniformed
corps of cadets of sufficient number for target practice. He also may issue
40 rounds of ball cartridges for each cadet for each range at which target
practice is held, but not more than 120 rounds each year for each cadet
participating in target practice.
`(b) Responsibilities of Institutions- The institutions to which property
is lent under subsection (a) shall--
`(1) use the property for target practice;
`(2) take proper care of the property; and
`(3) return the property when required.
`(c) Regulations- The Secretary shall prescribe regulations to carry out
this section, containing such other requirements as he considers necessary
to safeguard the interests of the United States.
`Sec. 7913. Supplies: military instruction camps
`Under such conditions as he may prescribe, the Secretary of the Navy may
issue, to any educational institution at which an officer of the naval service
is detailed as professor of naval science, such supplies as are necessary
to establish and maintain a camp for the military instruction of its students.
The Secretary shall require a bond in the value of the property issued under
this section, for the care and safekeeping of that property and, except
for property properly expended, for its return when required.'
(b) Clerical Amendment- The table of chapters for part IV of such title
is amended by adding at the end the following new item:
-----------------------------------------------------------------------
-----------------------------------------------------------------------
`667. Issue of Serviceable Material Other than to Armed Forces 7910.'.
-----------------------------------------------------------------------
SEC. 532. AUTHORITY FOR PERMANENT PROFESSORS AT THE SERVICE MILITARY ACADEMIES
OR MILITARY GRADUATE SCHOOLS TO SIT AS MEMBERS OF PROMOTION BOARDS.
Section 612(a)(1) of title 10, United States Code is amended by inserting
after `active-duty list' the following: `or a permanent professor at the
United States Military Academy or the United States Air Force Academy or
the United States Naval Academy (as defined in regulations prescribed by
the Secretary of the Navy), or career military professors from any graduate-level
institution established to provide advanced education to members of the
Army, Navy , Marine Corps or Air Force'.
SEC. 533. CAREER MILITARY PROFESSORS OF THE NAVY: PROMOTIONS.
(a) Permanent Professors: United States Navy- Section 641(2) of title 10,
United States Code, is amended to read as follows:
`(2) The director of admissions, dean, and permanent professors at the
United States Military Academy, the registrar, dean, and permanent professors
at the United States Air Force Academy, permanent professors (as defined
in regulations prescribed by the Secretary of the Navy) at the United
States Naval Academy, and career military professors (as defined in regulations
prescribed by the Secretary of the Navy) of the Naval War College, the
Naval Postgraduate School, and any other graduate-level institution established
to provide advanced education to members of the Navy and Marine Corps.'.
(b) Promotions- (1) Chapter 603 of such title is amended by inserting after
section 6970 the following new section:
`Sec. 6970a. Permanent professors: promotion
`An officer serving as a permanent professor at the Naval Academy (as defined
in regulations prescribed by the Secretary of the Navy) or career military
professors (as defined in regulations prescribed by the Secretary of the
Navy) of the Naval War College, the Naval Postgraduate School, and any other
graduate-level institution established to provide advanced education to
members of the Navy and Marine Corps in the grade of commander or lieutenant
colonel may be recommended for promotion to the grade of captain or colonel
under regulations prescribed by the Secretary of the Navy, such promotion
to be effective no earlier than six years after selection as a permanent
professor or career military professor. An officer so recommended shall
be promoted by appointment to the higher grade by the President, by and
with the advice and consent of the Senate.'.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 6970 the following new
item:
`6970a. Permanent professors: promotion.'.
Subtitle D--General Service Authorities
SEC. 541. SHORTEN EIGHT YEAR MANDATORY SERVICE OBLIGATION FOR QUALIFIED
HEALTH PROFESSIONALS IN CRITICAL SPECIALTIES.
Section 651 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(c) The Secretary of Defense may waive the required service provisions
of subsection (a) for initial appointments of commissioned officers in critically
short health professional specialties, as determined by the Secretary of
Defense. However, no such waiver shall reduce the period of obligated service
to a period of less than two years, and no waiver can reduce the period
of obligated service below the period for which an individual accepted an
accession bonus or Multiyear Special Pay contract.'.
SEC. 542. REINSTATEMENT OF ENHANCED AUTHORITY FOR SELECTIVE EARLY RETIREMENT.
(a) Enhanced Authority for Selective Early Retirement- Section 638a of title
10, United States Code, is amended--
(A) by striking `October 1, 1990' and inserting `October 1, 2007'; and
(B) by striking `December 31, 2001' and inserting `December 31, 2012';
and
(2) in subsection (c)(1), by inserting before the period at the end of
the second sentence the following: `; provided, however, that from October
1, 2007 through December 31, 2012, such number may be more than 30 percent
of the number of officers considered in each competitive category, but
may not be more than 30 percent of the number of officers considered in
each grade'.
(b) Effective Date- The amendments made by subsection (a) shall apply with
respect to agreements entered into under section 1175a of title 10, United
States Code, on or after the date of the enactment of this Act.
Subtitle E--Military Justice Matters
SEC. 551. PERMIT SECRETARY TO DESIGNATE PERSONS ELIGIBLE FOR LEGAL ASSISTANCE.
Section 1044(a) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
`(6) Other persons designated in regulations prescribed by the Secretary
concerned.'.
Subtitle F--Defense Dependents Education System
SEC. 561. PRIVATE TUITION FOR MILITARY DEPENDENTS IN REMOTE OVERSEAS AREAS.
Section 1407(b)(1) of the Defense Dependents' Education Act of 1978 (20
U.S.C. 926(b)(1)) is amended by inserting `, including private boarding
school schools in the U.S.,' in the first sentence after `subsection (a)'.
Subtitle G--Other Matters
SEC. 571. ELIMINATION OF ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER
ARMY RESERVE AND NATIONAL GUARD PROGRAM.
Subsection (h) of section 2107a of title 10, United States Code, is amended
by striking `not more than 416 cadets each year under this section, to include'
and inserting `each year under this section'.
SEC. 572. CREATION OF UNIFORM MILITARY BAND PERFORMANCE AUTHORITY; CLARIFICATION
OF CIRCUMSTANCES THAT CREATE COMPETITION WITH LOCAL CIVILIAN MUSICIANS.
(a) In General- Chapter 49 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 988. Uniform military band performance authority
`(a) Department of Defense Bands- Department of Defense bands, ensembles,
choruses, or similar musical units, including individual members thereof
performing in an official capacity, shall not perform music in competition
with local civilian musicians or receive remuneration for official performances.
`(b) Definition- As used in this section, the term `perform music in competition
with local civilian musicians'--
`(1) includes, but is not limited to, performances--
`(A) that are more than incidental to events that are not supported
solely by appropriated funds and are not free to the public; and
`(B) of background, dinner, dance, or other social music at events,
regardless of location, that are not supported solely by appropriated
funds; but
`(2) does not include performances--
`(A) at official Federal Government events that are supported solely
by appropriated funds;
`(B) at concerts, parades, and other events that are patriotic events
or celebrations of national holidays and are free to the public; or
`(C) that are incidental, including short performances of military or
patriotic music to open or close events, to events that are not supported
