HR 1585 IH
110th CONGRESS
1st Session
H. R. 1585
To authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2008, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 20, 2007
Mr. SKELTON (for himself and Mr. HUNTER) (both by request) introduced the following bill; which was referred to the Committee on Armed Services
A BILL
To authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2008'.
SEC. 2. TABLE OF CONTENTS.
(a) Divisions- This Act is organized into two divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 2. Table of contents.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 102. Navy and Marine Corps.
Sec. 104. Defense-wide activities.
Sec. 105. Rapid Acquisition Fund.
Sec. 106. Joint Improvised Explosive Device Defeat Fund.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for Army programs.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Virginia Class submarine program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Missile Defense Programs
Sec. 211. Fielding of ballistic missile defense capabilities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska.
Sec. 312. Payment to EPA of stipulated penalties in connection with Jackson Park Housing Complex, Washington.
Sec. 313. Promoting privately conducted responsible, compliant, and economically beneficial environmental restoration at closed installations.
Sec. 314. Enhanced encroachment protection.
Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington.
Subtitle C--Workplace and Depot Issues
Sec. 321. Modification of prohibition on contracts for performance of firefighting or security-guard functions.
Sec. 322. Flexibility in use of low density/high demand military personnel.
Subtitle D--Other Matters
Sec. 331. Reimbursement for National Guard military support to civilian law enforcement.
Sec. 332. Extend period to transfer funds into the foreign currency fluctuations account.
Sec. 333. Availability of Appropriations for unusual cost overruns and for changes in scope of work for ship overhaul, maintenance, and repair.
Sec. 334. Reasonable restrictions on the payment of full replacement value for personal property claims of civilians.
Sec. 335. Revised authority for Army industrial facilities to engage in cooperative activities with non-Army entities.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Increase in authorized strengths for Army officers on active duty in the grade of major to meet new force structure requirements.
Sec. 502. Increase in authorized strengths for Navy officers on active duty in the grades of lieutenant commander, commander, and captain to meet new force structure requirements.
Sec. 503. Enhanced authority for reserve general and flag officers to serve on active duty.
Sec. 504. Reenlistment of officers in their former enlisted grade.
Sec. 505. Discharge of probationary officers and force shaping authority.
Sec. 506. Addition of all Navy permanent military professors to the list of exemptions to DOPMA authorized grade limitations.
Sec. 507. Mandatory separation of reserve officers in the grade of lieutenant general or vice admiral.
Sec. 508. Temporary suspension of eligibility for education benefit.
Sec. 509. Increased tenure for general and flag officers.
Sec. 510. Amendment of years of service provision to conform with extended mandatory retirement age for active-duty general and flag officers.
Subtitle B--Reserve Component Matters
Sec. 521. Duty of regular members of the Army and Air Force with the National Guard.
Sec. 522. Enforcement of voluntary service agreements.
Sec. 523. Benefits for certain National Guard duty.
Sec. 524. Continued service within two years of retirement eligibility.
Sec. 525. Increase in the period of temporary Federal recognition from six to twelve months.
Sec. 526. Nuclear officer incentive pay: continuation pay eligibility.
Subtitle C--Education and Training
Sec. 531. Issue of serviceable material other than to Armed Forces.
Sec. 532. Authority for permanent professors at the service military academies or military graduate schools to sit as members of promotion boards.
Sec. 533. Career military professors of the Navy: promotions.
Subtitle D--General Service Authorities
Sec. 541. Shorten eight year mandatory service obligation for qualified health professionals in critical specialties.
Sec. 542. Reinstatement of enhanced authority for selective early retirement.
Subtitle E--Military Justice Matters
Sec. 551. Permit secretary to designate persons eligible for legal assistance.
Subtitle F--Other Matters
Sec. 571. Elimination of annual limit on number of ROTC scholarships under Army Reserve and National Guard program.
Sec. 572. Creation of uniform military band performance authority; clarification of circumstances that create competition with local civilian musicians.
Sec. 573. Recovery of missing military property by the Navy and Marine Corps.
Sec. 574. Flexible management of deployments of members.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Allowance for reserve screening.
Sec. 602. JROTC instructor stipends for hard-to-fill areas.
Sec. 603. Income replacement payments for Reserves experiencing extended and frequent mobilization for active duty service.
Sec. 604. Revisions to tuition assistance authority.
Sec. 605. Montgomery GI Bill for the Selected Reserve benefits for certain members affected by force shaping initiatives.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pays for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.
Sec. 614. One-year extension of authorities relating to payment of other bonuses and special pays.
Sec. 615. Exception to 25 years of active duty limit for receipt of critical skills retention bonus.
Sec. 616. Enhancement of Referral Bonus to Encourage Service in the Army.
Sec. 617. Enhancement of Selected Reserve accession bonus authority.
Sec. 618. Special pay: reenlistment bonus for members of the Selected Reserve.
Sec. 619. Increase in incentive special pay and multiyear retention bonus for medical officers of the armed forces.
Sec. 620. Increase in dental officer additional special pay.
Sec. 621. Accession bonus for participants in the armed forces health professional scholarship and financial assistance program.
Sec. 622. Accession bonus for members appointed as commissioned officers after attending officer candidate school.
Subtitle C--Retired Pay and Survivor Benefits
Sec. 631. Waiver of recoupment of overpayments of retired pay to spouse or former spouse as a result of retroactive disability determination.
Sec. 632. Survivor benefit plan; extension of period for election deemed to have been made.
Sec. 633. Allowing member to submit application for direct payment.
Sec. 634. Division of retired pay to be based on member's length of service and pay grade at time of divorce.
Sec. 635. Increases for divisions of retired pay expressed as a dollar amount.
Sec. 636. Revocation of ten-year rule for direct payment of retired pay.
Sec. 637. Survivor benefit plan; multiple beneficiaries.
Sec. 638. Survivor benefit plan; financial responsibility for survivor benefit plan participation.
Sec. 639. Survivor benefit plan; presumptive proportionate share.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 641. Continuation of commissary and exchange privileges.
Subtitle E--Other Matters
Sec. 651. Change in the definition of sea duty for career sea pay to include multi-crew ships.
Sec. 652. Establishment of Army incentive fund.
Sec. 653. Expansion of Selected Reserve education loan repayment program.
Sec. 654. Allow member to waive notice and provide court order upon request.
Sec. 655. Disregard periods of confinement for dependent victims of abuse.
Sec. 656. Clarifying amendment regarding jurisdiction for purposes of allocation of retired pay under the Uniformed Services Former Spouse Protection Act.
TITLE VII--HEALTH CARE PROVISIONS
TRICARE Program Improvements
Sec. 701. Revising TRICARE program cost sharing amounts.
Sec. 702. Exclusion of surrogacy maternity and infant care.
Sec. 703. Suspension of health care eligibility for fraud.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Unified combatant command for joint warfighting experimentation: acquisition authority.
Sec. 802. Limited authorization to acquire items produced in Iraq or Afghanistan for use by Iraqi or Afghani forces.
Sec. 803. Minimum annual purchase for Civil Reserve Air Fleet contracts.
Sec. 804. Revisions to required receipt objectives for previously authorized disposals from the national defense stockpile.
Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 811. Revitalization of Department of Defense laboratories.
Sec. 812. Extension of the authority to carry out certain prototype projects.
Sec. 813. Multiyear procurement authority for electricity from renewable energy sources.
Sec. 814. Exemption for Special Operations Command.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Department of Defense Board of Actuaries.
Sec. 902. Limitation on major Department of Defense headquarters activities personnel.
Sec. 903. Flexibility to adjust the number of Army deputy chiefs of staff and assistant chiefs of staff.
Subtitle B--Chemical Demilitarization Program
Sec. 911. Change in termination requirement for Chemical Demilitarization Citizens' Advisory Commissions.
Subtitle C--Intelligence-Related Matters
Sec. 921. Repeal of standards of mandatory disqualification from eligibility for Department of Defense security clearance.
Sec. 922. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004.
Sec. 923. Protection of information regarding weapons of mass destruction.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Short-term investment of burden sharing contributions from Republic of Korea.
Sec. 1002. Increase limitation on advance billing of Working Capital Fund customers.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Temporary waiver of the minimum aircraft carrier requirement.
Subtitle C--Counter-Drug Activities
Sec. 1021. Use of funds for counter-drug and counter-terrorism.
Subtitle D--Matters Related to Homeland Security
Sec. 1031. Support to national special security events and other critical national security activities.
Subtitle E--Other Matters
Sec. 1041. Protection of Department of Defense persons designated by the Secretary of Defense.
Sec. 1042. Cancellation of use of aircraft for proficiency flying: limitation.
Sec. 1043. Prompt conversion of Army forces in Hawaii.
Sec. 1044. Expand cooperative agreement authority for management of cultural resources to include off-installation mitigation.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Increase in authorized number of defense intelligence senior executive service employees.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Provision of support and services to foreign military and state aircraft.
Subtitle B--Nonproliferation Matters and Countries of Concern
Sec. 1211. Repeal of certain laws pertaining to the Joint Committee for the Review of Counterproliferation Programs.
Subtitle C--Other Matters
Sec. 1221. Amendment to the composition of the Board of Visitors of the Western Hemisphere Institute for Security Cooperation.
TITLE XIII--MATTERS RELATED TO DEFENSE AGAINST TERRORISM AND RELATED SECURITY MATTERS
Sec. 1301. Rationalizing rewards for assistance in combating terrorism.
TITLE XIV--ADDITIONAL AUTHORIZATIONS FOR INCREASED COSTS DUE TO THE GLOBAL WAR ON TERROR FOR MILITARY ACTIVITIES AND MILITARY CONSTRUCTION FOR FISCAL YEAR 2008
Sec. 1401. Army procurement.
Sec. 1402. Navy and Marine Corps procurement.
Sec. 1403. Air Force procurement.
Sec. 1404. Defense-wide activities procurement.
Sec. 1405. Joint Improvised Explosive Device Defeat Fund.
Sec. 1406. Research, development, test, and evaluation.
Sec. 1407. Operation and maintenance funding.
Sec. 1408. Working capital funds.
Sec. 1409. Other Department of Defense programs.
Sec. 1410. Iraq Freedom Fund.
Sec. 1411. Afghanistan Security Forces Fund.
Sec. 1412. Iraq Security Forces Fund.
Sec. 1413. Additional end strengths for active forces.
Sec. 1414. Military personnel.
Sec. 1415. Authorized Army construction and land acquisition projects.
Sec. 1416. Military construction authorization of appropriations, Army.
Sec. 1417. Authorized Navy construction and land acquisition projects.
Sec. 1418. Military construction authorization of appropriations, Navy.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2006 projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year 2006 projects.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--CHEMICAL DEMILITARIZATION PROGRAM
Sec. 2601. Authorization of appropriations, chemical demilitarization construction, defense-wide.
TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES
Sec. 2701. Authorized Guard and Reserve construction and land acquisition projects.
TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2801. Expiration of authorizations and amounts required to be specified by law.
Sec. 2802. Extension of authorizations of certain fiscal year 2005 projects.
Sec. 2803. Extension of authorizations of certain fiscal year 2004 projects.
TITLE XXIX--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
Sec. 2901. Alternative authority for acquisition and improvement of military housing.
Sec. 2902. Increased threshold for congressional notification of leases for military family housing facilities in a foreign country.
Sec. 2903. Updating foreign currency fluctuation adjustment for certain military family housing leases in Korea.
Sec. 2904. Flexibility in determining domestic family housing lease maximums.
Sec. 2905. Extension of authority to accept equalization payments for facility exchanges.
Sec. 2906. Flexible financing of military housing privatization initiative.
Subtitle B--Real Property and Facilities Administration
Sec. 2911. Consolidation of real property provisions without substantive change.
Sec. 2912. Transfer of the Air Force Memorial to the Department of the Air Force.
Sec. 2913. Expansion of authority to exchange reserve component facilities.
Subtitle C--Land Conveyances
Sec. 2921. Land transfer of Arlington Naval Annex to Arlington National Cemetery.
Subtitle D--Other Matters
Sec. 2931. Authority to use operation and maintenance funds for construction projects outside the United States.
Sec. 2932. Streamlining military construction to reduce facility acquisition and construction cycle time.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Army as follows:
(1) For aircraft, $4,179,848,000.
(2) For missiles, $1,645,485,000.
(3) For weapons and tracked combat vehicles, $3,089,998,000.
(4) For ammunition, $2,190,576,000.
(5) For other procurement, $12,647,099,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Navy as follows:
(1) For aircraft, $12,747,767,000.
(2) For weapons, including missiles and torpedoes, $3,084,387,000.
(3) For shipbuilding and conversion, $13,656,120,000.
(4) For other procurement, $5,470,412,000.
(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Marine Corps in the amount of $2,999,057,000.
(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement of ammunition for the Navy and Marine Corps in the amount of $760,484,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Air Force as follows:
(1) For aircraft, $12,393,270,000.
(2) For ammunition, $868,917,000.
(3) For missiles, $5,131,002,000.
(4) For other procurement, $15,421,162,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2008 for Defense-wide procurement in the amount of $3,318,834,000.
SEC. 105. RAPID ACQUISITION FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for Rapid Acquisition Fund in the amount of $100,000,000.
SEC. 106. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for Joint Improvised Explosive Device Defeat Fund in the amount of $500,000,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.
Beginning with the fiscal year 2008 program year, the Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into multi-year contracts for procurement of the following:
(1) Army Ch-Chinook Helicopter;
(2) M1A2 Abrams System Enhancement Package upgrades, and
(3) M2A3/M3A3 Bradley upgrades.
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE PROGRAM.
(a) Authority- The Secretary of the Navy may, in accordance with section 2306b of title 10, United States Code, enter into multiyear contracts, beginning with the fiscal year 2009 program year, for the procurement of Virginia-class submarines and government-furnished equipment.
(b) Limitations- The Secretary of the Navy may not enter into a contract authorized by subsection (a) until--
(1) the Secretary submits to the congressional defense committees a certification that the Secretary has made each of the findings with respect to such contract specified in subsection (a) of section 2306b of title 10, United States Code; and
(2) a period of 30 days has elapsed after the date of the transmission of such certification.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test, and evaluation, as follows:
(1) For the Army, $10,589,604,000.
(2) For the Navy, $17,075,536,000.
(3) For the Air Force, $26,711,940,000.
(4) For Defense-wide activities, $20,740,114,000, of which $180,264,000 is authorized for the Director of Operational Test and Evaluation.
Subtitle B--Missile Defense Programs
SEC. 211. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Upon approval by the Secretary of Defense, funds authorized to be appropriated for fiscal year 2009 for research, development, test, and evaluation for the Missile Defense Agency may be used for the development and fielding of ballistic missile defense capabilities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense, for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $28,924,973,000.
(2) For the Navy, $33,334,690,000.
(3) For the Marine Corps, $4,961,393,000.
(4) For the Air Force, $33,655,633,000.
(5) For the Defense-wide activities, $22,574,278,000.
(6) For the Army Reserve, $2,508,062,000.
(7) For the Navy Reserve, $1,186,883,000.
(8) For the Marine Corps Reserve, $208,637,000.
(9) For the Air Force Reserve, $2,692,077,000.
(10) For the Army National Guard, $5,840,209,000.
(11) For the Air National Guard, $5,041,965,000.
(12) For the United States Court of Appeals for the Armed Forces, $11,971,000.
(13) For Environmental Restoration, Army, $434,879,000.
(14) For Environmental Restoration, Navy, $300,591,000.
(15) For Environmental Restoration, Air Force, $458,428,000.
(16) For Environmental Restoration, Defense-wide, $12,751,000.
(17) For Environmental Restoration, Formerly Used Defense Sites, $250,249,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid programs, $103,300,000.
(19) For Former Soviet Union Threat Reduction programs, $348,048,000.
(20) For the Overseas Contingency Operations Transfer Fund, $5,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $1,352,746,000.
(2) For the National Defense Sealift Fund, $1,079,094,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $20,679,124,000, of which--
(1) $20,182,381,000 is for Operation and Maintenance;
(2) $134,482,000 is for Research, Development, Test, and Evaluation; and
(3) $362,261,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Army-
(1) AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, in the amount of $1,455,724,000, of which--
(A) $1,198,086,000 is for Operation and Maintenance;
(B) $221,212,000 is for Research, Development, Test, and Evaluation; and
(C) $36,426,000 is for Procurement.
(2) USE- Amounts authorized to be appropriated under paragraph (1) are authorized for--
(A) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-Wide- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $936,822,000.
(d) Defense Inspector General- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $215,995,000, of which--
(1) $214,995,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.
Subtitle B--Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE ARCTIC SURPLUS SUPERFUND SITE, FAIRBANKS, ALASKA.
From funds authorized to be appropriated by section 301(16) for Environmental Restoration, Defense-wide, the Secretary of Defense may, notwithstanding section 2215 of title 10, United States Code, transfer not more than $186,625.38 to the Hazardous Substance Superfund to reimburse the Environmental Protection Agency for costs incurred pursuant to the agreement known as `In the Matter of Arctic Surplus Superfund Site, U.S. EPA Docket Number CERCLA-10-2003-0114: Administrative Order on Consent for Remedial Design and Remedial Action,' entered into by the Department of Defense and the Environmental Protection Agency on December 11, 2003.
SEC. 312. PAYMENT TO EPA OF STIPULATED PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING COMPLEX, WASHINGTON.
From funds authorized to be appropriated by section 301(14) for operation and maintenance for Environmental Restoration, Navy, the Secretary of the Navy may, notwithstanding section 2215 of title 10, United States Code, transfer not more than $40,000.00 to the Hazardous Substance Superfund to pay a stipulated penalty assessed by the Environmental Protection Agency on October 25, 2005, against the Jackson Park Housing Complex, Washington, for the Navy's failure to timely submit a draft final Phase II Remedial Investigation Work Plan for the Jackson Park Housing Complex Operable Unit (OU-3T-JPHC) pursuant to a schedule included in an Interagency Agreement (Administrative Docket No. CERCLA-10-2005-0023).
SEC. 313. PROMOTING PRIVATELY CONDUCTED RESPONSIBLE, COMPLIANT, AND ECONOMICALLY BENEFICIAL ENVIRONMENTAL RESTORATION AT CLOSED INSTALLATIONS.
Section 2905(e) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(A) in subparagraph (A), by striking `, waste management, and environmental compliance';
(B) in subparagraph (B), by striking `exclusively for the use' and all that follows through the period at the end of the subparagraph and inserting `for purposes other than to assist the homeless.'; and
(C) in subparagraph (C), by inserting before the period at the end the following: `, and shall require appropriate financial assurance (as determined by the Secretary) by the property recipient for environmental restoration activities not otherwise addressed by paragraph (5)';
(2) in paragraph (2), by striking `Congress that' and all that follows through the end and inserting `Congress that the resulting transaction will--
`(A) ensure that all response actions necessary to protect human health and the environment will be completed;
`(B) provide an economically sound transaction for the United States; and
`(C) promote rapid reuse of the property.'.
(3) by striking paragraph (3);
(4) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;
(5) in paragraph (5), as so redesignated, by striking `paragraph (4)' and inserting `paragraph (3)'; and
(6) by adding at the end the following new paragraph (6):
`(6) Any payments received pursuant to an agreement under paragraph (1) at an installation approved for closure or realignment on or before January 1, 2005, shall be deposited into the account established pursuant to section 2906. Any payments received under paragraph (1) at an installation approved for closure or realignment after January 1, 2005, shall be deposited into the account established pursuant to section 2906A.'.
SEC. 314. ENHANCED ENCROACHMENT PROTECTION.
Section 2684a(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively;
(2) by inserting after paragraph (2) the following new paragraph (3):
`(3) An agreement with an eligible entity under subsection (a)(2) of this section may provide for the management of natural resources and the contribution by the United States towards natural resource management costs on any real property in which a military department has acquired any right title or interest in accordance with paragraph (1)(A) where there is a demonstrated need to preserve or restore habitat for purposes of subsection (a)(2).'; and
(3) in paragraph (4)(C), as redesignated by paragraph (1), by striking `equal to the fair market value' and all that follows through the period at the end and inserting `equal to--
`(i) the fair market value of any property or interest in property to be transferred to the United States upon the request of the Secretary concerned under paragraph (5); or
`(ii) at the discretion of the Secretary concerned, the cumulative fair market value of all properties or interests to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (a).'.
SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, WASHINGTON.
From funds authorized to be appropriated by section 301(16) for Environmental Restoration, Defense-wide, the Secretary of Defense may, notwithstanding section 2215 of title 10, United States Code, transfer not more than $91,588.51 to the Moses Lake Wellfield Superfund Site 10-6J Special Account to reimburse the Environmental Protection Agency for costs incurred pursuant to a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington, provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999.
Subtitle C--Workplace and Depot Issues
SEC. 321. MODIFICATION OF PROHIBITION ON CONTRACTS FOR PERFORMANCE OF FIREFIGHTING OR SECURITY-GUARD FUNCTIONS.
Section 2465(b)(4) of title 10, United States Code, is amended by inserting `or security-guard' after `firefighting' both places it appears.
SEC. 322. FLEXIBILITY IN USE OF LOW DENSITY/HIGH DEMAND MILITARY PERSONNEL.
Paragraph (4) of section 2465(b) of title 10, United States Code, is amended to read as follows:
`(4) A contract for the performance of security-guard or firefighting functions that the Secretary of Defense determines are, or otherwise would be, performed by members of the armed forces.'.
Subtitle D--Other Matters
SEC. 331. REIMBURSEMENT FOR NATIONAL GUARD MILITARY SUPPORT TO CIVILIAN LAW ENFORCEMENT.
Section 377 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `To' and inserting `Subject to subsection (c), to';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new subsection (b):
`(b)(1) Subject to subsection (c), the Secretary of Defense shall require a federal civilian law enforcement agency to which support is provided by National Guard personnel authorized to perform other duty under section 502(f) of title 32, to reimburse the Department of Defense for the costs of that support, notwithstanding any other provision of law. No other provision of this chapter shall apply to such support.
`(2) Any funds received by the Department of Defense as reimbursement for support provided by units or members of the National Guard under this subsection shall be credited, at the option of the Secretary of Defense, to:
`(A) the appropriation, fund, or account used to fund the support; or
`(B) the appropriate appropriation, fund, or account currently available for such purpose.'; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) in the matter preceding paragraph (1), by inserting `or under section 502(f) of title 32' after `under this chapter'; and
(B) in paragraph (2), by inserting `or units or members of the National Guard' after `Department of Defense'.
SEC. 332. EXTEND PERIOD TO TRANSFER FUNDS INTO THE FOREIGN CURRENCY FLUCTUATIONS ACCOUNT.
Section 2779 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking `second' and inserting `fifth'; and
(2) in subsection (d)(2), by striking `second' and inserting `fifth'.
SEC. 333. AVAILABILITY OF APPROPRIATIONS FOR UNUSUAL COST OVERRUNS AND FOR CHANGES IN SCOPE OF WORK FOR SHIP OVERHAUL, MAINTENANCE, AND REPAIR.
(a) In General- Section 7313 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `an industrial-fund activity' and inserting `a Center of Industrial and Technical Excellence'; and
(2) in subsection (b)(1)--
(A) by striking `for payments to an industrial-fund activity' and inserting `for costs incurred by a Center of Industrial and Technical Excellence'; and
(B) by striking `the industrial-fund activity' and inserting `the Center of Industrial and Technical Excellence'.
(b) Clerical Amendment- (1) Such section is further amended by amending the section heading to read as follows:
`Sec. 7313. Availability of appropriations for unusual cost overruns and for changes in scope of work for ship overhaul, maintenance, and repair';
(2) The table of contents at the beginning of chapter 633 of such title is amended by striking the item relating to section 7313 and inserting the following new item:
`7313. Availability of appropriations for unusual cost overruns and for changes in scope of work for ship overhaul, maintenance, and repair.'.
SEC. 334. REASONABLE RESTRICTIONS ON THE PAYMENT OF FULL REPLACEMENT VALUE FOR PERSONAL PROPERTY CLAIMS OF CIVILIANS.
Section 2636a(d) of title 10, United States Code, is amended by adding at the end the following new sentence: `The regulations may require members of the armed forces or civilian employees of the Department of Defense to comply with reasonable restrictions in order to receive benefits under this section.'.
SEC. 335. REVISED AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.
Section 4544 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following new sentence: `The Army is authorized not more than eight contracts or cooperative arrangements in total under this section.'; and
(2) by striking subsection (k).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2008, as follows:
(3) The Marine Corps, 180,000.
(4) The Air Force, 328,600.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2008, as follows:
(1) The Army National Guard of the United States, 351,300.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 67,800.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 67,500.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--
(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2008, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 29,204.
(2) The Army Reserve, 15,870.
(3) The Navy Reserve, 11,579.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,936.
(6) The Air Force Reserve, 2,721.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the last day of fiscal year 2008 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 8,249.
(2) For the Army National Guard of the United States, 26,502.
(3) For the Air Force Reserve, 9,909.
(4) For the Air National Guard of the United States, 22,553.
SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.
(1) NATIONAL GUARD- Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2008, may not exceed the following:
(A) For the Army National Guard of the United States, 1,600.
(B) For the Air National Guard of the United States, 350.
(2) ARMY RESERVE- The number of non-dual status technicians employed by the Army Reserve as of September 30, 2008, may not exceed 595.
(3) AIR FORCE RESERVE- The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2008, may not exceed 90.
(b) Non-Dual Status Technicians Defined- In this section, the term `non-dual status technician' has the meaning given that term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2008, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
This section would authorize $105,403,698,000 to be appropriated for military personnel.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2008 for the Armed Forces Retirement Home the sum of $61,624,000 for the operation of the Armed Forces Retirement Home, including the United States Soldiers' and Airmens' Home and the Naval Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE DUTY IN THE GRADE OF MAJOR TO MEET NEW FORCE STRUCTURE REQUIREMENTS.
The table in section 523(a)(l) of title 10, United States Code, is amended by striking the figures under the heading `Major' in the portion of the table relating to the Army and inserting the following:
---------
---------
`7,768
8,689
9,611
10,532
11,454
12,375
13,297
14,218
15,140
16,061
16,983
17,903
18,825
19,746
20,668
21,589
22,511
24,354
26,197
28,040
35,412'.
---------
SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE DUTY IN THE GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN TO MEET NEW FORCE STRUCTURE REQUIREMENTS.
The table in section 523(a)(2) of title 10, United States Code, is amended by striking the figures under the headings `Lieutenant Commander,' `Commander,' and `Captain' and inserting the following:
---------------------
---------------------
`7,698 5,269 2,222
8,189 5,501 2,334
8,680 5,733 2,447
9,172 5,965 2,559
9,663 6,197 2,671
10,155 6,429 2,784
10,646 6,660 2,896
11,136 6,889 3,007
11,628 7,121 3,120
12,118 7,352 3,232
12,609 7,583 3,344
13,100 7,813 3,457
13,591 8,044 3,568
14,245 8,352 3,718
17,517 9,890 4,467'.
---------------------
SEC. 503. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG OFFICERS TO SERVE ON ACTIVE DUTY.
Section 526(d) of title 10, United States Code, is amended to read as follows:
`(d) Exclusion of Certain Officers- (1) The limitations of this section do not apply to a reserve component general or flag officer who is--
`(A) on active duty for training; or
`(B) on active duty under a call or order specifying a period of less than 180 days.
`(2) Notwithstanding the limitation in paragraph (1)(B), the Secretary concerned may authorize not more than ten percent of the number of officers authorized under section 12004 of this title to serve for a period not to exceed 365 days. In determining the maximum number of officers that may serve on active duty at any one time under this paragraph, any fraction shall be rounded down to the next whole number, and at least one officer per service will be authorized under this section.'.
SEC. 504. REENLISTMENT OF OFFICERS IN THEIR FORMER ENLISTED GRADE.
(a) Regular Army- Section 3258 of title 10, United States Code, is amended--
(A) by striking `a Reserve' and inserting `an'; and
(B) by striking `a temporary' and inserting `an'; and
(A) in paragraph (1), by striking `a Reserve' and inserting `an'; and
(B) in paragraph (2), by striking `Reserve'.
(b) Regular Air Force- Section 8258 of such title is amended--
(A) by striking `a reserve' and inserting `an'; and
(B) by striking `a temporary' and inserting `an'; and
(A) in paragraph (1), by striking `a Reserve' and inserting `an'; and
(B) in paragraph (2), by striking `Reserve'.
SEC. 505. DISCHARGE OF PROBATIONARY OFFICERS AND FORCE SHAPING AUTHORITY.
(a) Active-Duty List Officers: Years of Active Commissioned Service- Section 630(1)(A) of title 10, United States Code, is amended by striking `five' and inserting `six'.
(b) Officer Force Shaping Authority- Section 647(b)(1) of such title is amended by striking `5' both places it appears and inserting `6'.
(c) Reserve Officers: Years of Active Commissioned Service- Section 14503(a)(1) of such title is amended by striking `five' and inserting `six'.
SEC. 506. ADDITION OF ALL NAVY PERMANENT MILITARY PROFESSORS TO THE LIST OF EXEMPTIONS TO DOPMA AUTHORIZED GRADE LIMITATIONS.
Section 523(b)(8) of title 10, United States Code, is amended by inserting before the period at the end the following: `, and career military professors (as defined in regulations prescribed by the Secretary of the Navy) of the Naval War College, the Naval Postgraduate School, and any other graduate-level institution established to provide advanced education to members of the Navy and Marine Corps, but not to exceed 35 in addition to those serving at the Naval Academy'.
SEC. 507. MANDATORY SEPARATION OF RESERVE OFFICERS IN THE GRADE OF LIEUTENANT GENERAL OR VICE ADMIRAL.
Section 14508 of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d) and (e) as subsections (d), (e) and (f), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
`(c) Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals- Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general and each reserve officer of the Navy in the grade of vice admiral shall, 30 days after completion of 38 years of commissioned service, be separated in accordance with section 14514 of this title.'.
SEC. 508. TEMPORARY SUSPENSION OF ELIGIBILITY FOR EDUCATION BENEFIT.
Section 16165(b) of title 10, United States Code, is amended to read as follows:
`(b) Exception- Under regulations prescribed by the Secretary of Defense, a member of the Selected Reserve of the Ready Reserve who incurs a break in Selected Reserve service, but remains in the Individual Ready Reserve or Inactive National Guard during such break, may continue to receive educational assistance under this chapter for up to 90 days during such break. However, eligibility for educational assistance shall be suspended after the 90th day of such break until the member returns to service in the Selected Reserve.'.
SEC. 509. INCREASED TENURE FOR GENERAL AND FLAG OFFICERS.
(a) In General- Sections 636 of title 10, United States Code, is amended--
(1) by striking subsections (b) and (c); and
(2) by inserting after subsection (a) the following new subsection (b):
`(b) Exception- Officers serving above the grade of major general or rear admiral may continue to serve without regard to years of service.'.
(b) Conforming Amendments-
(1) Subsection (a) of such section is amended by striking `or (c)'.
(2) Section 637(b) of such title is amended by striking the last sentence in paragraph (2).
(3) Section 14508 of such title is amended--
(A) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
(B) by inserting after subsection (b) the following new subsection (c):
`(c) Officers Serving Above the Grade of Major General or Rear Admiral- Officers serving above the grade of major general or rear admiral may continue to serve without regard to years of service.'.
SEC. 510. AMENDMENT OF YEARS OF SERVICE PROVISION TO CONFORM WITH EXTENDED MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL AND FLAG OFFICERS.
Section 637(b)(3) of title 10, United States Code, is amended by striking `but such period may not (except as provided under section 1251(b) of this title) extend beyond the date of the officer's sixty-second birthday' and inserting `except as provided under section 1253 of this title'.
Subtitle B--Reserve Component Matters
SEC. 521. DUTY OF REGULAR MEMBERS OF THE ARMY AND AIR FORCE WITH THE NATIONAL GUARD.
Section 315 of title 32, United States Code, is amended by adding at the end the following new subsection:
`(c) A commissioned officer or enlisted member of the Regular Army or Regular Air Force detailed, without vacating his or her regular appointment, to duty with the Army National Guard or the Air National Guard of a State, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or the District of Columbia, may perform any duty authorized to be performed by the laws of the applicable State, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or the District of Columbia, as appropriate, without regard to the limitations imposed by section 1385 of title 18.'.
SEC. 522. ENFORCEMENT OF VOLUNTARY SERVICE AGREEMENTS.
Section 12301(d) of title 10, United States Code, is amended by adding at the end the following new sentence: `When a member has entered into a written service agreement (other than an agreement under section 12311 of this title) with the Secretary concerned specifying a period or periods of active duty to be performed for a particular mission or requirement, and in the case of a member of the Army National Guard of the United States or the Air National Guard of the United States with the consent of the Governor or other appropriate authority of the State concerned, the member may not withdraw his consent, unless agreed to by the Secretary, and the Secretary may order the member to active duty in accordance with the terms of the service agreement.'.
SEC. 523. BENEFITS FOR CERTAIN NATIONAL GUARD DUTY.
Section 12602 of title 10, United States Code, is amended--
(A) by striking `and' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and inserting `; and'; and
(C) by adding at the end the following new paragraph:
`(4) duty performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard under section 502(f) of title 32 at the request of the President or the Secretary of Defense shall be considered active duty in Federal service as a Reserve of the Army for the purposes of providing benefits that are provided to Reserve component members performing duty pursuant to an order to active duty under a provision of law referred to in section 101(a)(13)(B) of this title.'; and
(A) by striking `and' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and inserting `; and'; and
(C) by adding at the end the following new paragraph:
`(4) duty performed by a member of the Air National Guard of the United States in his status as a member of the Air National Guard under section 502(f) of title 32 at the request of the President or the Secretary of Defense shall be considered active duty in Federal service as a Reserve of the Air Force for the purposes of providing benefits that are provided to Reserve component members performing duty pursuant to an order to active duty under a provision of law referred to in section 101(a)(13)(B) of this title.'.
SEC. 524. CONTINUED SERVICE WITHIN TWO YEARS OF RETIREMENT ELIGIBILITY.
Section 12686(b) of title 10, United States Code, is amended to read as follows:
`(b) Waiver- With respect to a member of a reserve component who is to be ordered to active duty (other than for training) under section 12301 of this title pursuant to an order to active duty for a single period or multiple periods and who (but for this subsection) would be covered by subsection (a), the Secretary concerned may require, as a condition of such order or multiple orders to active duty, that the member waive the applicability of subsection (a) to the member for the period or periods of active duty covered by that order and may include subsequent orders. In carrying out this subsection, the Secretary concerned may require that a waiver under the preceding sentence be executed before the period of active duty begins. At anytime before commencing a period of active duty covered by such a waiver, the member may withdraw consent to waive the applicability of subsection (a).'.
SEC. 525. INCREASE IN THE PERIOD OF TEMPORARY FEDERAL RECOGNITION FROM SIX TO TWELVE MONTHS.
Section 308(a) of title 32, United States Code, is amended by striking `six months' and inserting `twelve months'.
SEC. 526. NUCLEAR OFFICER INCENTIVE PAY: CONTINUATION PAY ELIGIBILITY.
Section 312 of title 37, United States Code, is amended--
(1) in subsection (a)(3), by striking `26' and inserting `30'; and
(2) in subsection (e)(1), by striking `26' and inserting `30'.
Subtitle C--Education and Training
SEC. 531. ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES.
(a) In General- Part IV of subtitle C of title 10, United States Code, is amended by adding at the end the following new chapter:
`CHAPTER 667--ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
`7911. Arms, tentage, and equipment: educational institutions not maintaining units of ROTC.
`7912. Rifles and ammunition for target practice: educational institutions having corps of cadets.
`7913. Supplies; military instruction camps.
`Sec. 7911. Arms, tentage, and equipment: educational institutions not maintaining units of ROTC
`Under such conditions as he may prescribe, the Secretary of the Navy may issue arms, tentage, and equipment that he considers necessary for proper military training, to any educational institution at which no unit of the Reserve Officers' Training Corps is maintained, but which has a course in military training prescribed by the Secretary and which has at least 50 physically fit students over 14 years of age.
`Sec. 7912. Rifles and ammunition for target practice: educational institutions having corps of cadets
`(a) Authority To Lend- The Secretary of the Navy may lend, without expense to the United States, magazine rifles and appendages, that are not of the existing service models in use at the time and that are not necessary for a proper reserve supply, to any educational institution having a uniformed corps of cadets of sufficient number for target practice. He also may issue 40 rounds of ball cartridges for each cadet for each range at which target practice is held, but not more than 120 rounds each year for each cadet participating in target practice.
`(b) Responsibilities of Institutions- The institutions to which property is lent under subsection (a) shall--
`(1) use the property for target practice;
`(2) take proper care of the property; and
`(3) return the property when required.
`(c) Regulations- The Secretary shall prescribe regulations to carry out this section, containing such other requirements as he considers necessary to safeguard the interests of the United States.
`Sec. 7913. Supplies: military instruction camps
`Under such conditions as he may prescribe, the Secretary of the Navy may issue, to any educational institution at which an officer of the naval service is detailed as professor of naval science, such supplies as are necessary to establish and maintain a camp for the military instruction of its students. The Secretary shall require a bond in the value of the property issued under this section, for the care and safekeeping of that property and, except for property properly expended, for its return when required.'
(b) Clerical Amendment- The table of chapters for part IV of such title is amended by adding at the end the following new item:
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`667. Issue of Serviceable Material Other Than to Armed Forces 7910.'.
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SEC. 532. AUTHORITY FOR PERMANENT PROFESSORS AT THE SERVICE MILITARY ACADEMIES OR MILITARY GRADUATE SCHOOLS TO SIT AS MEMBERS OF PROMOTION BOARDS.
Section 612(a)(1) of title 10, United States Code is amended by inserting after `active-duty list' the following: `or a permanent professor at the United States Military Academy or the United States Air Force Academy or the United States Naval Academy (as defined in regulations prescribed by the Secretary of the Navy), or career military professors from any graduate-level institution established to provide advanced education to members of the Army, Navy , Marine Corps or Air Force'.
SEC. 533. CAREER MILITARY PROFESSORS OF THE NAVY: PROMOTIONS.
(a) Permanent Professors: United States Navy- Section 641(2) of title 10, United States Code, is amended to read as follows:
`(2) The director of admissions, dean, and permanent professors at the United States Military Academy, the registrar, dean, and permanent professors at the United States Air Force Academy, permanent professors (as defined in regulations prescribed by the Secretary of the Navy) at the United States Naval Academy, and career military professors (as defined in regulations prescribed by the Secretary of the Navy) of the Naval War College, the Naval Postgraduate School, and any other graduate-level institution established to provide advanced education to members of the Navy and Marine Corps.'.
(b) Promotions- (1) Chapter 603 of such title is amended by inserting after section 6970 the following new section:
`Sec. 6970a. Permanent professors: promotion
`An officer serving as a permanent professor at the Naval Academy (as defined in regulations prescribed by the Secretary of the Navy) or career military professors (as defined in regulations prescribed by the Secretary of the Navy) of the Naval War College, the Naval Postgraduate School, and any other graduate-level institution established to provide advanced education to members of the Navy and Marine Corps in the grade of commander or lieutenant colonel may be recommended for promotion to the grade of captain or colonel under regulations prescribed by the Secretary of the Navy, such promotion to be effective no earlier than six years after selection as a permanent professor or career military professor. An officer so recommended shall be promoted by appointment to the higher grade by the President, by and with the advice and consent of the Senate.'.
(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6970 the following new item:
`6970a. Permanent professors: promotion.'.
Subtitle D--General Service Authorities
SEC. 541. SHORTEN EIGHT YEAR MANDATORY SERVICE OBLIGATION FOR QUALIFIED HEALTH PROFESSIONALS IN CRITICAL SPECIALTIES.
Section 651 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(c) The Secretary of Defense may waive the required service provisions of subsection (a) for initial appointments of commissioned officers in critically short health professional specialties, as determined by the Secretary of Defense. However, no such waiver shall reduce the period of obligated service to a period of less than two years, and no waiver can reduce the period of obligated service below the period for which an individual accepted an accession bonus or Multiyear Special Pay contract.'.
SEC. 542. REINSTATEMENT OF ENHANCED AUTHORITY FOR SELECTIVE EARLY RETIREMENT.
(a) Enhanced Authority for Selective Early Retirement- Section 638a of title 10, United States Code, is amended--
(A) by striking `October 1, 1990' and inserting `October 1, 2007'; and
(B) by striking `December 31, 2001' and inserting `December 31, 2012'; and
(2) in subsection (c)(1), by inserting before the period at the end of the second sentence the following: `; provided, however, that from October 1, 2007 through December 31, 2012, such number may be more than 30 percent of the number of officers considered in each competitive category, but may not be more than 30 percent of the number of officers considered in each grade'.
(b) Effective Date- The amendments made by subsection (a) shall apply with respect to agreements entered into under section 1175a of title 10, United States Code, on or after the date of the enactment of this Act.
Subtitle E--Military Justice Matters
SEC. 551. PERMIT SECRETARY TO DESIGNATE PERSONS ELIGIBLE FOR LEGAL ASSISTANCE.
Section 1044(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(6) Other persons designated in regulations prescribed by the Secretary concerned.'.
Subtitle F--Other Matters
SEC. 571. ELIMINATION OF ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER ARMY RESERVE AND NATIONAL GUARD PROGRAM.
Subsection (h) of section 2107a of title 10, United States Code, is amended by striking `not more than 416 cadets each year under this section, to include' and inserting `each year under this section'.
SEC. 572. CREATION OF UNIFORM MILITARY BAND PERFORMANCE AUTHORITY; CLARIFICATION OF CIRCUMSTANCES THAT CREATE COMPETITION WITH LOCAL CIVILIAN MUSICIANS.
(a) In General- Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 988. Uniform military band performance authority
`(a) Department of Defense Bands- Department of Defense bands, ensembles, choruses, or similar musical units, including individual members thereof performing in an official capacity, shall not perform music in competition with local civilian musicians or receive remuneration for official performances.
`(b) Definition- As used in this section, the term `perform music in competition with local civilian musicians'--
`(1) includes, but is not limited to, performances--
`(A) that are more than incidental to events that are not supported solely by appropriated funds and are not free to the public; and
`(B) of background, dinner, dance, or other social music at events, regardless of location, that are not supported solely by appropriated funds; but
`(2) does not include performances--
`(A) at official Federal Government events that are supported solely by appropriated funds;
`(B) at concerts, parades, and other events that are patriotic events or celebrations of national holidays and are free to the public; or
`(C) that are incidental, including short performances of military or patriotic music to open or close events, to events that are not supported solely by appropriated funds, in compliance with applicable rules and regulations.
`(c) Members of Department of Defense Bands- Members of Department of Defense bands, ensembles, choruses, or similar musical units may perform music in their personal capacity, as individuals or part of a group, for remuneration or otherwise, when not wearing a military uniform, not identifying themselves as members of the Department of Defense, and in compliance with all applicable regulations and standards of conduct.
`(d) Recordings- Department of Defense bands, ensembles, choruses, or similar musical units, when authorized pursuant to Department of Defense regulation, may produce recordings for distribution to the public at a cost not to exceed production and distribution expenses, and payments from such recordings shall be credited back to the appropriation enabling such expenses.'.
(b) Clerical and Conforming Amendments- (1) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`988. Uniform military band performance authority.'.
(2) Sections 3634, 6223, and 8634 of such title are repealed.
SEC. 573. RECOVERY OF MISSING MILITARY PROPERTY BY THE NAVY AND MARINE CORPS.
(a) In General- Chapter 661 of title 10, United States Code, is amended by adding at the end the following new sections:
`Sec. 7864. Property accountability: regulations
`The Secretary of the Navy may prescribe regulations for the accounting for Navy and Marine Corps property and the fixing of responsibility for that property.
`Sec. 7865. Individual equipment: unauthorized disposition
`(a) Prohibition- No member of the Navy or the Marine Corps may sell, lend, pledge, barter, or give any clothing, arms, or equipment furnished him by the United States to any person other than a member of the Navy or the Marine Corps, or an officer of the United States, authorized to receive it.
`(b) Seizure of Property- If a member of the Navy or the Marine Corps has disposed of property in violation of subsection (a) and it is in the possession of a person who is neither a member of the Navy or the Marine Corps, nor an officer of the United States, authorized to receive it, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found. Possession of such property furnished by the United States to a member of the Navy or the Marine Corps, by a person who is neither a member of the Navy or the Marine Corps, nor an officer of the United States, is prima facie evidence that it has been disposed of in violation of subsection (a).
`(c) Retention of Seized Property- If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, he shall deliver it to a person who is authorized to retain it.'.
(b) Clerical Amendments- The table of sections at the beginning of such chapter is amended by adding at the end the following new items:
`7864. Property accountability; regulations.
`7865. Individual equipment; unauthorized disposition.'.
SEC. 574. FLEXIBLE MANAGEMENT OF DEPLOYMENTS OF MEMBERS.
(a) In General- Section 991 of title 10, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
`(a) Management Responsibilities- (1) The Secretary concerned shall prescribe regulations to manage the deployment of a member of the armed forces in his military department to ensure that the member is not deployed, or continued in a deployment, beyond prescribed high-deployment thresholds for the consecutive days for which the member may be deployed and the total number of days on which the member has been deployed out of the preceding 730 days. The regulations shall--
`(A) specify the high-deployment thresholds;
`(B) establish procedures to ensure that members are aware of their deployment days; and
`(C) specify the approval process which must take place before a member may be deployed, or continued in a deployment, beyond the high-deployment thresholds.
`(2) The Secretary of Defense shall approve--
`(A) the high-deployment thresholds for the military departments; and
`(B) the procedures for the payment of hardship duty pay under section 305 of title 37 for those members of the armed forces who experience hardship duty by being deployed in excess of approved high-deployment thresholds.';
(i) by striking `a training exercise or' and inserting `an'; and
(ii) by inserting `as designated by the Secretary concerned' after `circumstances';
(i) by striking `or' at the end of subparagraph (B);
(ii) by striking the period at the end of subparagraph (C) and inserting a semicolon; and
(iii) by adding at the end the following new subparagraphs:
`(D) performing non-operational temporary duty including conferences and seminars; or
`(E) participating in training or exercises as designated by the Secretary concerned.'; and
(i) in the first sentence--
(I) by striking `The Secretary of Defense' and inserting `The Secretary concerned'; and
(II) by inserting `with the approval of the Secretary of Defense' after `(2)'; and
(ii) by striking the second sentence;
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection (d).
(b) Repeal of High-Deployment Allowance and Strengthening of Hardship Duty Pay-
(1) Section 436 of title 37, United States Code, is repealed.
(2) The text of section 305 of such title is amended to read as follows:
`(a) Authority- A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty in the United States or outside the United States that is designated by the Secretary of Defense as hardship duty. Special pay payable under this section may be paid on a monthly basis or in a lump sum.
`(b) Written Agreement- The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of special pay on a lump sum basis under this section. The written agreement shall specify the period for which the special pay will be paid to the member and, subject to subsection (c), the amount of the lump sum of the special pay.
`(c) Maximum Rate or Amount- (1) The maximum monthly rate of special pay payable to a member on a monthly basis under this section is $1,500.
`(2) The amount of the lump sum payment of special pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of--
`(A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b); and
`(B) the number of months in the period for which hardship duty pay will be paid pursuant to the agreement.
`(3) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), special pay for the period of the extension may be paid under this section on a monthly basis or in a lump sum in accordance with this section.
`(d) Repayment- A member who enters into an agreement under this section and receives special pay under the agreement in a lump sum, but who fails to complete the period of service covered by the payment, shall be subject to the repayment provisions of section 303a(e) of this title.
`(e) Relationship to Other Pay and Allowances- Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
`(f) Regulations- The Secretary of Defense shall prescribe regulations for the provision of hardship duty pay under subsection (a), including the specific rates at which the special pay will be available.'.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. ALLOWANCE FOR RESERVE SCREENING.
(a) Allowance for Electronic Screening- Chapter 7 of title 37, United States Code, is amended by inserting after section 433 the following new section:
`Sec. 433a. Allowance for participation in Ready Reserve screening
`(a) Screening Allowance- Under uniform regulations prescribed by the Secretaries concerned, a member of the Individual Ready Reserve may be paid a stipend for participation in the screening performed pursuant to section 10149 of title 10, in lieu of muster duty performed under section 12319 of title 10, when such participation is conducted through electronic means.
`(b) Maximum Payment- The amount of the stipend under this section shall not exceed $50 in any calendar year.
`(c) Bar to Retirement Credit- Participation in the screening under this section shall not be credited in determining entitlement to, or in computing, retired pay under chapter 1223 of title 10.
`(d) Payment Requirements- (1) The stipend authorized by this section may not be disbursed in kind.
`(2) The stipend may be paid to the member on or after the date the screening is performed, but not later than 30 days after that date.
`(3) The stipend shall constitute the single, flat-rate monetary allowance authorized for the performance of the screening and shall constitute payment in full to the member, regardless of the grade or rank in which the member is serving.
`(e) Bar to Inactive Duty Compensation- A member who participates in screening conducted through electronic means pursuant to this section is not entitled to compensation for inactive-duty training under section 206(a) of this title for the same period.'.
(b) Conforming and Clerical Amendments-
(1) CONFORMING AMENDMENTS-
(A) BAR TO DUAL COMPENSATION- Section 206 of such title is amended by adding at the end the following new subsection:
`(f) A member of the National Guard or a member of a reserve component of a uniformed service is not entitled to compensation under this section when the member received compensation under section 433a of this title.'.
(B) BAR TO RETIREMENT CREDIT- Section 12732(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(8) Service performed through electronic screening, regardless of compensation received under section 433a of title 37.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 7 of title 37, United States Code, is amended by inserting after the item relating to section 433 the following new item:
`433a. Allowance for participation in Ready Reserve screening.'.
SEC. 602. JROTC INSTRUCTOR STIPENDS FOR HARD-TO-FILL AREAS.
Section 2031(d) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph (2):
`(2)(A) When determined by the Secretary concerned to be in the national interest, and agreed upon by the institution concerned, an institution may reimburse the moving expenses of a Junior Reserve Officer's Training Corps instructor who signs a written agreement to serve a minimum commitment of two years of employment at that institution in a hard-to-fill position, due to geographic or economic factors and as determined by the Secretary concerned. This payment is separate from the minimum instructor pay.
`(B) In the case of payment of such additional amounts by the institution concerned to cover the moving expenses, the Secretary concerned shall reimburse the institution in an amount equal to the amount paid by the institution. Such payments by the Secretary shall be made from funds appropriated for that purpose.
`(C) Amounts paid under this paragraph shall be subject to regulations promulgated by the Secretary of Defense.'.
SEC. 603. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.
Section 910 of title 37, United States Code, is amended--
(1) in subsection (a), by inserting `, when the total monthly military compensation of the member is less than the average monthly civilian income' after `by the Secretary';
(2) by amending subsection (b) to read as follows:
`(b) Eligibility- Subject to subsection (c), a reserve component member is entitled to a payment under this section for any full month of active duty of the member--
`(1) while on active duty under an involuntary mobilization order, following the date on which the member--
`(A) completes 18 continuous months of service on active duty under such an order;
`(B) completes 730 cumulative days on active duty under an involuntary mobilization order during the previous 1,826 days; or
`(C) is involuntarily mobilized for service on active duty for a period of 180 days or more within 180 days following the member's separation from a previous period of active duty for period of 180 days or more; or
`(2) when the member who qualified for income replacement payments under paragraph (1) is retained on active duty under section 12301(h)(1)(A) or (B) of title 10 because of an injury or illness incurred or aggravated while deployed to an area designated for special pay under section 310 of this title. Once the member is released from active duty, entitlement to pay under this section terminates.'; and
(3) by amending subsection (g) to read as follows:
`(g) Termination of Authority- Payment under this section shall only be made for service performed on or before December 31, 2008.'.
SEC. 604. REVISIONS TO TUITION ASSISTANCE AUTHORITY.
(a) Revision to Authority To Reduce or Waive Active Duty Service Obligation- Section 2007(b) of title 10, United States Code, is amended--
(A) by inserting `(other than a member of the Ready Reserve)' after `active duty' the first place it appears; and
(B) by striking `or full-time National Guard duty' both places it appears; and
(2) in paragraph (2)(B), by inserting `for which ordered to active duty' after `active duty service'.
(b) Authority To Pay Tuition Assistance to Members of the Ready Reserve- Subsection (c) of such section is amended to read as follows:
`(c)(1) As provided in subsection (a) and subject to paragraphs (2) and (3), the Secretary of a military department may pay the charges of an educational institution for the tuition or expenses of a member of the Ready Reserve. For members of the Individual Ready Reserve, the Secretary of a military department will selectively determine if any military operational specialties qualify for this benefit.
`(2) The Secretary may not pay charges under paragraph (1) for tuition or expenses of an officer of the Selected Reserve of the Ready Reserve unless the officer agrees to remain a member of the Selected Reserve for at least four years after completion of the education or training for which the charges are paid.
`(3) The Secretary may not pay charges under paragraph (1) for tuition or expenses of an officer of the Ready Reserve who is not an officer of the Selected Reserve unless the officer agrees to remain in the Ready Reserve for at least four years after completion of the education or training for which the charges are paid. For the Individual Ready Reserve, the Secretary of a military department will selectively determine if any military operational specialties qualify for this benefit.
`(4) The Secretary may require a service obligation for enlisted members of the Selected Reserve or Ready Reserve for up to four years in the Selected Reserve or Ready Reserve after completion of education or training for which tuition or expenses are paid under paragraph (1).'.
(c) Elimination of Unnecessary Provision- Such section is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
(d) Repayment of Unearned Benefit- Subsection (e) of such section, as redesignated by subsection (c), is amended--
(1) by inserting `(1)' after `(f)'; and
(2) by adding at the end the following new paragraph:
`(2) If a member of the Ready Reserve who enters into an agreement under subsection (c) does not complete the period of service specified in the agreement, the member shall be subject to the repayment provisions of section 303a(e) of title 37.'.
(e) Regulations- Such section is further amended by adding at the end the following new subsection (f):
`(f) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy.'.
SEC. 605. MONTGOMERY GI BILL FOR THE SELECTED RESERVE BENEFITS FOR CERTAIN MEMBERS AFFECTED BY FORCE SHAPING INITIATIVES.
Section 16133(b)(1)(B) of title 10, United States Code, is amended--
(1) by striking `October 1, 1991' and inserting `October 1, 2007'; and
(2) by striking `December 31, 2001' and inserting `December 31, 2011'.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAYS FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short Wartime Specialties- Section 302g(e) of title 37, United States Code, is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(b) Selected Reserve Reenlistment Bonus- Section 308b(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(c) Selected Reserve Affiliation or Enlistment Bonus- Section 308c(i) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(d) Special Pay for Enlisted Members Assigned to Certain High Priority Units- Section 308d(c) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(e) Ready Reserve Non-Prior Service Enlistment Bonus- Section 308g(f)(2) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(f) Ready Reserve Enlistment and Reenlistment Bonus- Section 308h(e) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(g) Prior Service Reenlistment Bonus- Section 308i(f) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(h) Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve- Section 16302(d) of title 10, United States Code, is amended by striking `January 1, 2008' and inserting `January 1, 2009'.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program- Section 2130a(a)(1) of title 10, United States Code, is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(b) Accession Bonus for Registered Nurses- Section 302d(a)(1) of title 37, United States Code, is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(c) Incentive Special Pay for Nurse Anesthetists- Section 302e(a)(1) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(d) Accession Bonus for Dental Officers- Section 302h(a)(1) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(e) Accession Bonus for Pharmacy Officers- Section 302j(a) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(f) Accession Bonus for Medical Officers in Critically Short Wartime Specialties- Section 302k(f) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(g) Accession Bonus for Dental Specialist Officers in Critically Short Wartime Specialties- Section 302l(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service- Section 312(e) of title 37, United States Code, is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(b) Nuclear Career Accession Bonus- Section 312b(c) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(c) Nuclear Career Annual Incentive Bonus- Section 312c(d) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus- Section 301b(a) of title 37, United States Code, is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(b) Assignment Incentive Pay- Section 307a(g) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.
(c) Reenlistment Bonus for Active Members- Section 308(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(d) Enlistment Bonus- Section 309(e) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(e) Retention Incentives for Members Qualified in Critical Military Skills or Assigned to High Priority Units- Section 323(i) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(f) Accession Bonus for New Officers in Critical Skills- Section 324(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(g) Incentive Bonus for Conversion to Military Occupational Specialty To Ease Personnel Shortage- Section 326(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
(h) Accession Bonus for Members of the Armed Forces Appointed as Commissioned Officers After Completing Officer Candidate School- Section 330(f) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.
SEC. 615. EXCEPTION TO 25 YEARS OF ACTIVE DUTY LIMIT FOR RECEIPT OF CRITICAL SKILLS RETENTION BONUS.
Section 323(e) of title 37, United States Code, is amended by adding at the end the following new paragraph:
`(4) The limitations in paragraph (1) may be waived by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, with respect to a member who is assigned duties in a designated critical skill during the period of active duty for which the bonus is being offered. This authority may not be delegated below the Undersecretary of Defense for Personnel and Readiness or the Deputy Secretary of the Department of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy.'.
SEC. 616. ENHANCEMENT OF REFERRAL BONUS TO ENCOURAGE SERVICE IN THE ARMY.
(a) Individuals Eligible for Bonus- Subsection (a)(1) of section 645 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3310) is amended by striking `enlists' and inserting `enlists, or is appointed as an officer to serve in a health profession designated by the Secretary,'.
(b) Extension of Authority- Subsection (h) of such section is amended by striking `December 31, 2007' and inserting `December 31, 2010'.
(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to bonuses payable under section 645 of the National Defense Authorization Act for Fiscal Year 2006, as amended by this or any other section, on or after that date.
SEC. 617. ENHANCEMENT OF SELECTED RESERVE ACCESSION BONUS AUTHORITY.
Section 308c(c)(1) of title 37, United States Code, is amended--
(1) by inserting `(A)' after `(1)';
(2) by striking `and' at the end of subparagraph (A), as redesignated, and inserting `or'; and
(3) by adding at the end the following new subparagraph:
`(B) has previously served in the armed forces but was released from such service prior to completion of the training required by section 671 of title 10, provided such service was characterized as either honorable or uncharacterized; and'.
SEC. 618. SPECIAL PAY: REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE.
Section 308b of title 37, United States Code, is amended--
(1) in subsection (a)(2), by striking `for a period of three years or for a period of six years' and inserting `for a period of not less than three years'; and
(2) in subsection (b)(1), by striking `may not exceed' and all that follows through the end and inserting `may not exceed $15,000.'.
SEC. 619. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR RETENTION BONUS FOR MEDICAL OFFICERS OF THE ARMED FORCES.
(a) Incentive Special Pay- Section 302(b)(1) of title 37, United States Code, is amended by striking `$50,000' and inserting `$75,000'.
(b) Multiyear Retention Bonus- Section 301d(a)(2) of such title is amended by striking `$50,000' and inserting `$75,000'.
SEC. 620. INCREASE IN DENTAL OFFICER ADDITIONAL SPECIAL PAY.
Section 302b(a)(4) of title 37, United States Code, is amended--
(1) by striking `at the following rates' in the matter preceding subparagraph (A) and inserting `at a rate determined by the Secretary concerned, not to exceed';
(2) in subparagraph (A), by striking `$4,000' and inserting `$10,000'; and
(3) in subparagraph (B), by striking `$6,000' and inserting `$12,000'.
SEC. 621. ACCESSION BONUS FOR PARTICIPANTS IN THE ARMED FORCES HEALTH PROFESSIONAL SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
Section 2127 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(f)(1) In order to increase participation in the program under this subchapter, the Secretary of Defense may offer to a person who signs an agreement under section 2122 of this title an accession bonus of not more than $20,000.
`(2) In the case of an individual who receives an accession bonus under this subsection, but fails to commence or complete obligated service under this subchapter, the repayment provisions of section 324(f) of title 37 shall apply to the accession bonus under this subsection.'.
SEC. 622. ACCESSION BONUS FOR MEMBERS APPOINTED AS COMMISSIONED OFFICERS AFTER ATTENDING OFFICER CANDIDATE SCHOOL.
(a) In General- Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:
`Sec. 331. Special pay: accession bonus for officer candidates
`(a) Accession Bonus Authorized- Under regulations prescribed by the Secretary concerned, a person who executes a written agreement to complete officer candidate school, accept a commission or appointment as an officer of the armed forces, and serve on active duty as a commissioned officer for a period specified in the agreement may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary.
`(b) Limitation on Amount of Bonus- The amount of an accession bonus under subsection (a) may not exceed $8,000.
`(c) Payment Method- Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the accession bonus payable under the agreement becomes fixed. The agreement shall specify whether the accession bonus will be paid by the Secretary in a lump sum or installments.
`(d) Repayment- A person who, having received all or part of the bonus under an agreement referred to in subsection (a), does not complete the total period of active duty service as a commissioned officer as specified in the agreement shall be subject to the repayment provisions in section 303a(e) of this title.
`(e) Authority for Payment of Bonus Under Earlier Agreements- The Secretary of the Army shall use this authority to retroactively pay a bonus to a person who executed an agreement during the period from April 1, 2005 through April 1, 2006 to enlist for the purpose of attending officer candidate school.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`330. Special pay: accession bonus for officer candidates.'.
Subtitle C--Retired Pay and Survivor Benefits
SEC. 631. WAIVER OF RECOUPMENT OF OVERPAYMENTS OF RETIRED PAY TO SPOUSE OR FORMER SPOUSE AS A RESULT OF RETROACTIVE DISABILITY DETERMINATION.
Section 2774 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(g)(1) The Director of the Office of Management and Budget or the Secretary concerned, as the case may be, shall waive any claim for overpayment against a spouse or former spouse of a member if--
`(A) the payment was disposable retired pay that, pursuant to section 1408 of this title, a court treated as property for the purpose of issuing a final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such decree; and
`(B) the claim for overpayment is attributable to a determination of entitlement to disability compensation under title 38.
`(A) The term `court' has the meaning given such term in section 1408(a)(1) of this title.
`(B) The term `disposable retired pay' has the meaning given such term in section 1408(a)(4) of this title.
`(C) The term `final decree' has the meaning given such term in section 1408(a)(3) of this title.
`(D) The term `member' has the meaning given such term in section 1408(a)(5) of this title.
`(E) The term `spouse or former spouse' has the meaning given such term in section 1408(a)(6) of this title.'.
SEC. 632. SURVIVOR BENEFIT PLAN; EXTENSION OF PERIOD FOR ELECTION DEEMED TO HAVE BEEN MADE.
(a) In General- Section 1450(f)(3)(C) of title 10, United States Code, is amended by striking `one year' and inserting `five years'.
(b) Effective Date- The amendment made by this section shall apply with respect to divorces, dissolutions, annulments, or legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 633. ALLOWING MEMBER TO SUBMIT APPLICATION FOR DIRECT PAYMENT.
(a) Permit Application for Direct Payment by Member- Section 1408(d) of title 10, United States Code, is amended in the first sentence of paragraph (1) by inserting `by a member or former member or the spouse or former spouse of such member' after `the Secretary concerned'.
(b) Conditions for Direct Payment- Section 1408(d) of such title is further amended by adding at the end the following new paragraph:
`(8) A former spouse who accepts payment shall be deemed--
`(A) to have consented and agreed to the recovery of any future overpayments, including recovery by involuntary collection from the former spouse or his or her estate; and
`(B) to have agreed to give prompt notice in writing to the Secretary if--
`(i) the operative court order upon which payment is based is vacated, modified, or set aside;
`(ii) the former spouse remarries, if all or a part of the payment is for alimony; or
`(iii) the former spouse is ineligible for child support payments due to the death, emancipation, adoption, or attainment of majority of a child whose support is provided through direct payment to a former spouse from retired pay.'.
(c) Effective Date- The amendments made by this section shall apply to applications for direct payment of retired pay submitted to the Secretary concerned after the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 634. DIVISION OF RETIRED PAY TO BE BASED ON MEMBER'S LENGTH OF SERVICE AND PAY GRADE AT TIME OF DIVORCE.
(a) In General- Section 1408(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(5) In the case of a member as to whom a decree of divorce, dissolution, annulment, or legal separation becomes final before the date on which the member begins to receive retired pay, the total monthly retired pay to which a member is entitled, for purposes of determining `disposable retired pay,' as defined in paragraph (4) of subsection (a), that a court may treat in the manner described in paragraph (1), shall be limited to retired pay computed based on the pay grade, and the length of service of the member while married, that are creditable toward entitlement to basic pay and to retired pay as of the date a marital property interest in retired pay terminates. Amounts so calculated shall be increased by the cumulative percentage of increases in basic pay and retired pay between the date a marital property interest in retired pay terminates and the effective date of the member's retirement. Upon request and pursuant to regulations, the Secretary concerned shall calculate disposable retired pay described in this paragraph.'.
(b) Effective Date- The amendment made by subsection (a) shall apply with respect to divorces, dissolutions, annulments, and legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 635. INCREASES FOR DIVISIONS OF RETIRED PAY EXPRESSED AS A DOLLAR AMOUNT.
(a) Monetary Amount Adjustment- Section 1408(a)(2)(C) of title 10, United States Code, is amended by striking `expressed in dollars' and inserting `expressed as a specific dollar amount, with such amount, if so ordered, being adjusted in the same manner and at the same time as retired pay is adjusted to reflect changes in the Consumer Price Index under section 1401a of this title,'.
(b) Effective Date- The amendment made by subsection (a) shall apply with respect to court orders that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 636. REVOCATION OF TEN-YEAR RULE FOR DIRECT PAYMENT OF RETIRED PAY.
(a) Revocation of Ten-Year Rule- Section 1408(d) of title 10, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively.
(b) Effective Date- The amendments made by this section shall take effect on the first day of the first month which begins more than 120 days after the date of enactment of this Act and shall apply only to payments of retired pay for periods beginning on or after the effective date of this section in the case of any former spouse of a member or former member of the uniformed services.
SEC. 637. SURVIVOR BENEFIT PLAN; MULTIPLE BENEFICIARIES.
(a) Permit Spouse and Former Spouse Coverage- Section 1448(b)(2) of title 10, United States Code, is amended--
(1) in subparagraph (B)--
(A) by striking `prevents payment' and inserting `reduces the amount'; and
(B) by striking `including payment' and inserting `including the amount of an annuity'; and
(2) in subparagraph (C), by striking `which former spouse is to be provided the annuity' and inserting `the base amount applicable in determining the amount of the annuity of each former spouse'.
(b) Permit Spouse and Former Spouse Annuities- Section 1450(a)(1) of such title is amended to read as follows:
`(1) SURVIVING SPOUSE AND FORMER SPOUSE(S)- The eligible surviving spouse and every eligible former spouse.'.
(c) Permit Reductions in Retired Pay in the Case of Multiple Beneficiaries- Section 1452 of such title is amended by adding at the end the following new subsection:
`(k) Reductions in Retired Pay in the Case of Multiple Beneficiaries- When a participant in the Plan has elected to provide an annuity to a spouse and to one or more former spouses, reductions in retired pay required by subsection (a) shall be made for each annuity elected, in an amount based on the base amount applicable to each annuity. In the case of a reduction in retired pay to provide an annuity to a former spouse to whom payment of a portion of a member's retired pay is being made pursuant to a court order under section 1408 of this title, such reduction in retired pay shall be deducted from the amounts paid to such member, to such former spouse, or both, as provided by court order or by agreement of the parties.'.
(d) Effective Date- The amendments made by subsections (a), (b), and (c) apply with respect to elections made on or after the date of enactment of this Act. Any election to provide an annuity to a spouse or former spouse who was prevented from being a beneficiary under the laws in effect before the date of enactment of this Act shall be made within 180 days following the date of enactment of this Act.
(e) Coverage for Survivors of Retirement-Eligible Members Who Die on Active Duty- (1) Section 1448(d) of such title is amended--
(A) in paragraph (3), by striking `the Secretary--(A) may not pay an annuity under paragraph (1) or (2); but (B)' and inserting `the Secretary'; and
(B) by amending paragraph (5) to read as follows:
`(5) COMPUTATION- (A) The amount of an annuity payable to a former spouse pursuant to paragraph (3) shall be computed on the basis of a base amount equal to the amount of retired pay that, under the authority of section 1408(c) of this title, is treated under a court order or spousal agreement as the property of such former spouse.
`(B) The amount of an annuity payable under paragraph (1) or (2) shall be computed under section 1451(c) of this title; however, the retired pay otherwise applicable with respect to such computation shall be reduced by an amount equal to the base amount that provides the basis for computing the amount of an annuity payable to a former spouse under paragraph (3) of this subsection.'.
(2) Effective Date- The amendments made by paragraph (1) shall apply with respect to survivors of retirement-eligible members who die on active duty on or after the date of enactment of this Act.
(f) Coverage for Survivors of Persons Dying When Eligible To Elect Reserve Component Annuity- (1) Section 1448(f) of such title is amended--
(A) by striking `the Secretary--(A) may not pay an annuity under paragraph (1) or (2); but (B)' and inserting `the Secretary'; and
(B) by amending paragraph (4) to read as follows:
`(4) COMPUTATION- (A) The amount of an annuity payable to a former spouse pursuant to paragraph (3) shall be computed on the basis of a base amount equal to the amount of retired pay that, under the authority of section 1408(c) of this title, is treated under a court order or spousal agreement as the property of such former spouse.
`(B) The amount of an annuity payable under paragraph (1) or (2) shall be computed under section 1451(c) of this title; however, the retired pay otherwise applicable with respect to such computation shall be reduced by an amount equal to the base amount that provides the basis for computing the amount of an annuity payable to a former spouse under paragraph (3) of this subsection.'.
(2) Effective Date- The amendments made by paragraph (1) shall apply with respect to survivors of persons eligible to elect reserve-component annuity retirement-eligible members who die on or after the date of enactment of this Act.
SEC. 638. SURVIVOR BENEFIT PLAN; FINANCIAL RESPONSIBILITY FOR SURVIVOR BENEFIT PLAN PARTICIPATION.
(a) Spouse and Former Spouse Annuities- Section 1452(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting `paragraph (6) of this subsection or' after `Except as provided in'; and
(2) by adding at the end the following new paragraph:
`(6) COURT ORDER- If a court order requires the former spouse to pay all or a part of the costs associated with providing an annuity to the former spouse, the participant's retired pay shall not be reduced by the portion that the former spouse is required to pay. The portion of Plan costs that a former spouse is required to pay pursuant to a Court order under this paragraph must either be paid by direct remittance or as a deduction from the former spouse's share of the member's retired pay that is received by direct payment pursuant to section 1408 of this title.'.
(b) Effective Date- The amendment made by this section shall apply with respect to divorces, dissolutions, annulments, or legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 639. SURVIVOR BENEFIT PLAN; PRESUMPTIVE PROPORTIONATE SHARE.
(a) Presumptive Base Amount for Former Spouse- Section 1447(6) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
`(D) PRESUMPTIVE PROPORTIONATE AMOUNT FOR FORMER SPOUSE- In the case of an annuity provided under the Plan for a former spouse, unless otherwise agreed to by the member and former spouse or ordered by a court, such term means any amount of monthly retired pay, which is not less than $300, payable to such former spouse as a result of a court treating disposable retired pay of a member as the property of the member and his spouse under the authority of section 1408(c).'.
(b) Effective Date- The amendments made by this section shall apply with respect to divorces, dissolutions, annulments, and legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality Benefits
SEC. 641. CONTINUATION OF COMMISSARY AND EXCHANGE PRIVILEGES.
Section 1146 of title 10, United States Code is amended--
(1) by inserting `, or a member of the Selected Reserve of the Ready Reserve who is involuntarily separated from the Selected Reserve due to force shaping requirements directed by the Secretary of the military department concerned,' after `active duty' the first place it appears; and
(2) by striking `October 1, 1990, and ending on December 31, 2001' and inserting `October 1, 2007, and ending on December 31, 2012'.
Subtitle E--Other Matters
SEC. 651. CHANGE IN THE DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO INCLUDE MULTI-CREW SHIPS.
Section 305a(e)(1)(A) of title 37, United States Code, is amended--
(1) by striking `or' at the end of clause (ii); and
(2) by adding at the end the following new clause:
`(iv) while serving as an off-cycle crewmember of a multi-crewed ship; or'.
SEC. 652. ESTABLISHMENT OF ARMY INCENTIVE FUND.
(a) Establishment of Fund- Part II of subtitle B of title 10, United States Code, is amended by adding at the end the following new chapter:
`CHAPTER 376--FUND FOR PAYMENT OF INCENTIVES AND BONUSES
`4101. Fund for payment of incentives and bonuses.
`Sec. 4101. Fund for payment of incentives and bonuses
`(a) Establishment of Fund- There is established on the books of the Treasury a fund to be known as the Army Incentive Fund (hereinafter in this section referred to as the `Fund'), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance on an actuarially sound basis Army bonus and incentive liabilities that have been specifically authorized by law to be paid from the Fund.
`(b) Definitions- In this section:
`(1) The term `specifically authorized Army bonus and incentive liabilities' means liabilities of the Department of the Army for a bonus or incentive under--
`(A) chapter 5 of title 37, that is specifically authorized by law to be paid from the Fund; or
`(B) section 681 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163).
`(2) The term `normal cost', with respect to any period of time, means the present value of future bonuses and incentives payable to persons who during such period qualify for a bonus or incentive authorized by law to be paid from the Fund.
`(c) Assets of the Fund- There shall be deposited into the Fund the following, which shall constitute the assets of the Fund:
`(1) Amounts paid into the Fund under subsection (g).
`(2) Any amount appropriated directly to the Fund.
`(3) Any return on investment of the assets of the Fund.
`(d) Payments From the Fund- The Secretary of the Treasury shall transfer from the Fund to the Secretary of the Army only such amounts as are necessary to enable the Secretary to make required payments of specifically authorized Army bonus and incentive liabilities, as defined in subsection (b)(1). The Secretary of the Treasury and the Secretary of the Army shall enter into an agreement as to how and when, and the amounts in which, such transfers shall be made. Except for investments under subsection (h), amounts in the Funds may not be used for any purpose other than transfers described in this subsection.
`(e) Board of Actuaries- The Board of Actuaries established under section 2006(e) of this title (hereinafter in this section referred to as the `Board') shall report to the Secretary of Defense annually on the actuarial status of the Fund and shall furnish its advice and opinion on matters referred to it by the Secretary.
`(f) Determinations of Contributions to the Fund- (1) The Secretary of Defense shall carry out periodic actuarial valuations of any program for a bonus or incentive authorized to be paid from the Fund.
`(2) Based on the most recent such valuation, the Secretary of Defense shall estimate the normal cost for such program for the next fiscal year.
`(3) At the time of such evaluation, the Secretary of Defense shall make determinations for such program in the same manner, as far as practicable, as determinations are made under paragraphs (3) and (4) of section 2006(f) of this title.
`(4) Based on the determinations under paragraphs (2) and (3), the Secretary of Defense shall determine the amount needed to be appropriated to the Department of the Army for the next fiscal year for payments to be made to the Fund under subsection (g).
`(5) All determinations under this subsection shall be made using methods and assumptions approved by the Board (including assumptions of interest rates) and in accordance with generally accepted actuarial principles and practices.
`(g) Payments Into the Fund- (1) The Secretary of the Army shall pay into the Fund each month the amount that, based upon the most recent actuarial valuation of a program for a bonus or incentive authorized to be paid from the Fund, is equal to the normal cost for the program for the preceding month.
`(2) The Secretary of the Army shall pay into the Fund at the beginning of each fiscal year (or as soon thereafter as appropriations are available for such purpose) an amount, if any, for the amortization of any liability to the Fund, or actuarial gain or loss to the Fund, related to the determinations made under subsection (f)(3).
`(3) Amounts paid into the Fund under this section shall be paid from appropriations available for the pay of members of the Army.
`(h) Investments of Assets of the Fund- The Secretary of the Army may request the Secretary of the Treasury to invest such portion of the Fund as is not, in the judgment of the Secretary of the Army, required to meet current withdrawals. Such investments shall be made by the Secretary of the Treasury in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary of the Army, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of compar