[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5658 Engrossed in House (EH)]

110th CONGRESS
2d Session
H. R. 5658

_______________________________________________________________________

AN ACT

To authorize appropriations for fiscal year 2009 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, to amend the
Servicemembers Civil Relief Act to provide for the protection of child
custody arrangements for parents who are members of the Armed Forces
deployed in support of a contingency operation, 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 ``Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) Divisions.--This Act is organized into four divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Governmentwide Acquisition Improvements.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Rapid Acquisition Fund.
Subtitle B--Army Programs

Sec. 111. Separate procurement line items for Future Combat Systems
program.
Sec. 112. Restriction on contract awards for major elements of the
Future Combat Systems program.
Sec. 113. Restriction on obligation of funds for Army tactical radio
pending report.
Sec. 114. Restriction on obligation of procurement funds for Armed
Reconnaissance Helicopter program pending
certification.
Subtitle C--Navy Programs

Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore
Roosevelt.
Sec. 122. Applicability of previous teaming agreements for Virginia-
class submarine program.
Sec. 123. Littoral Combat Ship (LCS) program.
Sec. 124. Report on F/A-18 procurement costs, comparing multiyear to
annual.
Subtitle D--Air Force Programs

Sec. 131. Limitation on retiring C-5 aircraft.
Sec. 132. Maintenance of retired KC-135E aircraft.
Sec. 133. Repeal of multi-year contract authority for procurement of
tanker aircraft.
Sec. 134. Report on processes used for requirements development for KC-
(X).
Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor acquisition strategy.
Sec. 142. Small arms acquisition strategy and requirements review.
Sec. 143. Requirement for common ground stations and payloads for
manned and unmanned aerial vehicles.
Sec. 144. Report on Future Jet carrier trainer Requirements of the
Navy.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Additional determinations to be made as part of Future Combat
Systems milestone review.
Sec. 212. Analysis of Future Combat Systems communications network and
software.
Sec. 213. Future Combat Systems manned ground vehicle selected
acquisition reports.
Sec. 214. Separate procurement and research, development, test, and
evaluation line items and program elements
for Sky Warrior Unmanned Aerial Systems
project.
Sec. 215. Restriction on obligation of funds for the Warfighter
Information Network--Tactical program.
Sec. 216. Limitation on source of funds for certain Joint Cargo
Aircraft expenditures.
Subtitle C--Missile Defense Programs

Sec. 221. Independent study of boost phase missile defense.
Sec. 222. Limitation on availability of funds for procurement,
construction, and deployment of missile
defenses in Europe.
Subtitle D--Other Matters

Sec. 231. Oversight of testing of personnel protective equipment by
Director, Operational Test and Evaluation.
Sec. 232. Assessment of the Historically Black Colleges and
Universities and Minority Serving
Institutions Program.
Sec. 233. Technology-neutral information technology guidelines and
standards to support fully interoperable
electronic personal health information for
the Department of Defense and Department of
Veterans Affairs.
Sec. 234. Repeal of requirement for Technology Transition Initiative.
Sec. 235. Trusted defense systems.
Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ-36
radar system pending submission of report.
Sec. 237. Capabilities-based assessment to outline a joint approach for
future development of vertical lift
aircraft and rotorcraft.
Sec. 238. Availability of funds for prompt global strike capability
development.
Sec. 239. Visiting NIH Senior Neuroscience Fellowship Program.
TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions

Sec. 311. Authorization for Department of Defense participation in
conservation banking programs.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake
Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 313. Expand cooperative agreement authority for management of
natural resources to include off-
installation mitigation.
Sec. 314. Detection instrument technology research and deployment of
resulting detection instruments and
technological improvements.
Sec. 315. Closed Loop Recycling for Motor Vehicle Lubricating Oil.
Subtitle C--Workplace and Depot Issues

Sec. 321. Time limitation on duration of public-private competitions.
Sec. 322. Comprehensive analysis and development of single Government-
wide definition of inherently governmental
function.
Sec. 323. Study on future depot capability.
Sec. 324. High-performing organization business process reengineering.
Sec. 325. Temporary suspension of studies and public-private
competitions regarding conversion of
functions of the Department of Defense
performed by civilian employees to
contractor performance.
Sec. 326. Consolidation of Air Force and Air National Guard aircraft
maintenance.
Sec. 327. Guidance for performance of civilian personnel work under Air
Force civilian personnel consolidation
plan.
Sec. 328. Report on reduction in number of firefighters on Air Force
bases.
Subtitle D--Energy Security

Sec. 331. Annual report on operational energy management and
implementation of operational energy
strategy.
Sec. 332. Consideration of fuel logistics support requirements in
planning, requirements development, and
acquisition processes.
Sec. 333. Study on solar energy for use at forward operating locations.
Sec. 334. Study on coal-to-liquid fuels.
Sec. 335. Exception to alternative fuel procurement requirement.
Sec. 336. Study of Consideration of Greenhouse Gas Emissions in
Acquisition Processes.
Subtitle E--Reports

Sec. 341. Comptroller General report on readiness of Armed Forces.
Sec. 342. Report on plan to enhance combat skills of Navy and Air Force
personnel.
Sec. 343. Comptroller General report on the use of the Army Reserve and
National Guard as an operational reserve.
Sec. 344. Comptroller General report on link between preparation and
use of Army reserve component forces to
support ongoing operations.
Sec. 345. Comptroller General report on adequacy of funding, staffing,
and organization of Department of Defense
Military Munitions Response Program.
Sec. 346. Report on options for providing repair capabilities to
support ships operating near Guam.
Subtitle F--Other Matters

Sec. 351. Extension of Enterprise Transition Plan reporting
requirement.
Sec. 352. Demilitarization of loaned, given, or exchanged documents,
historical artifacts, and condemned or
obsolete combat materiel.
Sec. 353. Repeal of requirement that Secretary of Air Force provide
training and support to other military
departments for A-10 aircraft.
Sec. 354. Display of annual budget requirements for Air Sovereignty
Alert Mission.
Sec. 355. Sense of Congress that Air Sovereignty Alert Mission should
receive sufficient funding and resources.
Sec. 356. Revision of certain Air Force regulations required.
Sec. 357. Transfer of C-12 aircraft to California Department of
Forestry and Fire Protection.
Sec. 358. Availability of funds for Irregular Warfare Support program.
Sec. 359. Sense of Congress regarding procurement and use of munitions.
Sec. 360. Limitation on obligation of funds for Air Combat Command
Management Headquarters.
Sec. 361. Increase of domestic sourcing of military working dogs used
by the Department of Defense.
Sec. 362. Funding for programs relating to dental readiness for the
Army Reserve.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
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 2009 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 416. Additional waiver authority of limitation on number of
reserve component members authorized to be
on active duty.
Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

Sec. 501. Mandatory separation requirements for regular warrant
officers for length of service.
Sec. 502. Requirements for issuance of posthumous commissions and
warrants.
Sec. 503. Extension of authority to reduce minimum length of active
service required for voluntary retirement
as an officer.
Sec. 504. Increase in authorized number of general officers on active
duty in the Marine Corps.
Subtitle B--Reserve Component Management

Sec. 511. Extension to all military departments of authority to defer
mandatory separation of military
technicians (dual status).
Sec. 512. Increase in authorized strengths for Marine Corps Reserve
officers on active duty in the grades of
major and lieutenant colonel to meet force
structure requirements.
Sec. 513. Clarification of authority to consider for a vacancy
promotion National Guard officers ordered
to active duty in support of a contingency
operation.
Sec. 514. Increase in mandatory retirement age for certain Reserve
officers.
Sec. 515. Age limit for retention of certain Reserve officers on
active-status list as exception to removal
for years of commissioned service.
Sec. 516. Authority to retain Reserve chaplains and officers in medical
and related specialties until age 68.
Sec. 517. Study and report regarding personnel movements in Marine
Corps Individual Ready Reserve.
Subtitle C--Joint Qualified Officers and Requirements

Sec. 521. Joint duty requirements for promotion to general or flag
officer.
Sec. 522. Technical, conforming, and clerical changes to joint
specialty terminology.
Sec. 523. Promotion policy objectives for Joint Qualified Officers.
Sec. 524. Length of joint duty assignments.
Sec. 525. Designation of general and flag officer positions on Joint
Staff as positions to be held only by
reserve component officers.
Sec. 526. Treatment of certain service as joint duty experience.
Subtitle D--General Service Authorities

Sec. 531. Increase in authorized maximum reenlistment term.
Sec. 532. Career intermission pilot program.
Subtitle E--Education and Training

Sec. 541. Repeal of prohibition on phased increase in midshipmen and
cadet strength limit at United States Naval
Academy and Air Force Academy.
Sec. 542. Promotion of foreign and cultural exchange activities at
military service academies.
Sec. 543. Compensation for civilian President of Naval Postgraduate
School.
Sec. 544. Increased authority to enroll defense industry employees in
defense product development program.
Sec. 545. Requirement of completion of service under honorable
conditions for purposes of entitlement to
educational assistance for reserve
components members supporting contingency
operations.
Sec. 546. Consistent education loan repayment authority for health
professionals in regular components and
Selected Reserve.
Sec. 547. Increase in number of units of Junior Reserve Officers'
Training Corps.
Sec. 548. Correction of erroneous Army College Fund benefit amounts.
Sec. 549. Expanded authority for institutions of professional military
education to award degrees.
Sec. 550. Enhancing education partnerships to improve accessibility and
flexibility for members of the Armed
Forces.
Subtitle F--Military Justice

Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine
Corps.
Sec. 552. Standing military protection order.
Sec. 553. Mandatory notification of issuance of military protective
order to civilian law enforcement.
Sec. 554. Implementation of information database on sexual assault
incidents in the Armed Forces.
Subtitle G--Decorations, Awards, and Honorary Promotions

Sec. 561. Replacement of military decorations.
Sec. 562. Authorization and request for award of Medal of Honor to
Richard L. Etchberger for acts of valor
during the Vietnam War.
Sec. 563. Advancement of Brigadier General Charles E. Yeager, United
States Air Force (retired), on the retired
list.
Sec. 564. Advancement of Rear Admiral Wayne E. Meyer, United States
Navy (retired), on the retired list.
Sec. 565. Award of Vietnam Service Medal to veterans who participated
in Mayaguez rescue operation.
Sec. 566. Retroactive award of Army Combat Action Badge.
Subtitle H--Impact Aid

Sec. 571. Continuation of authority to assist local educational
agencies that benefit dependents of members
of the Armed Forces and Department of
Defense civilian employees.
Sec. 572. Calculation of payments under Department of Education's
Impact Aid program.
Subtitle I--Military Families

Sec. 581. Presentation of burial flag.
Sec. 582. Education and training opportunities for military spouses.
Sec. 583. Sense of the Congress regarding honor guard details for
funerals of veterans.
Subtitle J--Other Matters

Sec. 591. Inclusion of Reserves in providing Federal aid for State
governments, enforcing Federal authority,
and responding to major public emergencies.
Sec. 592. Interest payments on certain claims arising from correction
of military records.
Sec. 593. Extension of limitation on reductions of personnel of
agencies responsible for review and
correction of military records.
Sec. 594. Authority to order Reserve units to active duty to provide
assistance in response to a major disaster
or emergency.
Sec. 595. Senior Military Leadership Diversity Commission.
Sec. 596. Limitation on simultaneous deployment to combat zones of
dual-military couples who have minor
dependents.
Sec. 597. Additional funds to carry out funeral honor functions at
funerals for veterans.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2009 increase in military basic pay.
Sec. 602. Permanent prohibition on charges for meals received at
military treatment facilities by members
receiving continuous care.
Sec. 603. Equitable treatment of senior enlisted members in computation
of basic allowance for housing.
Sec. 604. Increase in maximum authorized payment or reimbursement
amount for temporary lodging expenses.
Sec. 605. Availability of portion of a second family separation
allowance for married couples with
dependents.
Sec. 606. Stabilization of pay and allowances for senior enlisted
members and warrant officers appointed as
officers and officers reappointed in a
lower grade.
Sec. 607. Extension of authority for income replacement payments for
reserve component members experiencing
extended and frequent mobilization for
active duty service.
Sec. 608. Guaranteed pay increase for members of the Armed Forces of
one-half of one percentage point higher
than Employment Cost Index.
Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other title
37 bonuses and special pays.
Sec. 615. Extension of authorities relating to payment of referral
bonuses.
Sec. 616. Increase in maximum bonus and stipend amounts authorized
under Nurse Officer Candidate Accession
Program.
Sec. 617. Maximum length of nuclear officer incentive pay agreements
for service.
Sec. 618. Technical changes regarding consolidation of special pay,
incentive pay, and bonus authorities of the
uniformed services.
Sec. 619. Use of new skill incentive pay and proficiency bonus
authorities to encourage training in
critical foreign languages and foreign
cultural studies.
Sec. 620. Temporary targeted bonus authority to increase direct
accessions of officers in certain health
professions.
Subtitle C--Travel and Transportation Allowances

Sec. 631. Increased weight allowance for transportation of baggage and
household effects for certain enlisted
members.
Sec. 632. Additional weight allowance for transportation of materials
associated with employment of a member's
spouse or community support volunteer or
charity activities.
Sec. 633. Transportation of family pets during evacuation of
nonessential personnel.
Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Equity in computation of disability retired pay for reserve
component members wounded in action.
Sec. 642. Effect of termination of subsequent marriage on payment of
Survivor Benefit Plan annuity to surviving
spouse or former spouse who previously
transferred annuity to dependent children.
Sec. 643. Extension to survivors of certain members who die on active
duty of special survivor indemnity
allowance for persons affected by required
Survivor Benefit Plan annuity offset for
dependency and indemnity compensation.
Sec. 644. Election to receive retired pay for non-regular service upon
retirement for service in an active reserve
status performed after attaining
eligibility for regular retirement.
Sec. 645. Recomputation of retired pay and adjustment of retired grade
of Reserve retirees to reflect service
after retirement.
Sec. 646. Correction of unintended reduction in survivor benefit plan
annuities due to phased elimination of two-
tier annuity computation and supplemental
annuity.
Sec. 647. Presumption of death for participants in Survivor Benefit
Plan in missing status.
Sec. 648. Eligibility for disability retired pay and separation pay of
certain former cadets and midshipmen with
prior enlisted service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations

Sec. 651. Use of commissary stores surcharges derived from temporary
commissary initiatives for reserve
components and retired members.
Sec. 652. Requirements for private operation of commissary store
functions.
Sec. 653. Additional exception to limitation on use of appropriated
funds for Department of Defense golf
courses.
Sec. 654. Enhanced enforcement of prohibition on sale or rental of
sexually explicit material on military
installations.
Sec. 655. Requirement to buy military decorations, ribbons, badges,
medals, insignia, and other uniform
accouterments produced in the United
States.
Sec. 656. Use of appropriated funds to pay post allowances or overseas
cost of living allowances to
nonappropriated fund instrumentality
employees serving overseas.
Sec. 657. Study regarding sale of alcoholic wine and beer in commissary
stores in addition to exchange stores.
Subtitle F--Other Matters

Sec. 661. Bonus to encourage Army personnel and other persons to refer
persons for enlistment in the Army.
Sec. 662. Continuation of entitlement to bonuses and similar benefits
for members of the uniformed services who
die, are separated or retired for
disability, or meet other criteria.
Sec. 663. Providing injured members of the Armed Forces information
concerning benefits.
Sec. 664. Postal benefits program for members of the Armed Forces
serving in Iraq or Afghanistan.
TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

Sec. 701. One-year extension of prohibition on increases in certain
health care costs for members of the
uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits
program.
Sec. 703. Prohibition on conversion of military medical and dental
positions to civilian medical and dental
positions.
Sec. 704. Chiropractic health care for members on active duty.
Sec. 705. Requirement to recalculate TRICARE Reserve Select premiums
based on actual cost data.
Sec. 706. Program for health care delivery at military installations
projected to grow.
Sec. 707. Guidelines for combined Federal medical facilities.
Sec. 708. Reserve component behavioral health care provider locator and
appointment assistance demonstration
project.
Subtitle B--Preventive Care

Sec. 711. Waiver of copayments for preventive services for certain
TRICARE beneficiaries.
Sec. 712. Military health risk management demonstration project.
Sec. 713. Smoking cessation program under TRICARE.
Sec. 714. Preventive health allowance.
Subtitle C--Wounded Warrior Matters

Sec. 721. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of hearing
loss and auditory system injuries.
Sec. 722. Clarification to center of excellence relating to military
eye injuries.
Sec. 723. National Casualty Care Research Center.
Sec. 724. Peer-reviewed research program on extremity war injuries.
Sec. 725. Review of policies and processes related to the delivery of
mail to wounded members of the Armed
Forces.
Sec. 726. Post-deployment mental health screening demonstration
project.
Subtitle D--Other Matters

Sec. 731. Report on stipend for members of reserve components for
health care for certain dependents.
Sec. 732. Report on providing the Extended Care Health Option Program
to autistic dependents of military
retirees.
Sec. 733. Sense of Congress regarding autism therapy services.
Sec. 734. Report on implementation of recommendations contained in
report on health effects of exposure to
depleted uranium.
Sec. 735. Suicide Risk by Military Occupation.
Sec. 736. Implementation of recommendations of Department of Defense
Mental Health Task Force.
Sec. 737. Transitional health care for certain members of the Armed
Forces who agree to serve in the Selected
Reserve of the Ready Reserve.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Acquisition Policy and Management

Sec. 801. Review of impact of illegal subsidies on acquisition of KC-45
aircraft.
Sec. 802. Assessment of urgent operational needs fulfillment.
Sec. 803. Preservation of tooling for major defense acquisition
programs.
Sec. 804. Prohibition on procurement from beneficiaries of foreign
subsidies.
Sec. 805. Domestic industrial base considerations during source
selection.
Sec. 806. Commercial software reuse preference.
Sec. 807. Comprehensive proposal analysis required during source
selection.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations

Sec. 811. Acquisition workforce expedited hiring authority.
Sec. 812. Definition of system for Defense Acquisition Challenge
Program.
Sec. 813. Career path and other requirements for military personnel in
the acquisition field.
Sec. 814. Technical data rights for non-FAR agreements.
Sec. 815. Clarification that cost accounting standards apply to Federal
contracts performed outside the United
States.
Subtitle C--Provisions Relating to Inherently Governmental Functions

Sec. 821. Policy on personal conflicts of interest by employees of
Department of Defense contractors.
Sec. 822. Development of guidance on personal services contracts.
Sec. 823. Limitation on performance of product support integrator
functions.
Sec. 824. Performance by private security contractors of inherently
governmental functions in an area of combat
operations.
Subtitle D--Defense Industrial Security

Sec. 831. Requirements relating to facility clearances.
Sec. 832. Foreign ownership control or influence.
Sec. 833. Congressional oversight relating to facility clearances and
foreign ownership control or influence;
definitions.
Subtitle E--Other Matters

Sec. 841. Clarification of status of Government rights in the designs
of department of defense vessels, boats,
and craft, and components thereof.
Sec. 842. Expansion of authority to retain fees from licensing of
intellectual property.
Sec. 843. Transfer of sections of title 10 relating to Milestone A and
Milestone B for clarity.
Sec. 844. Earned value management study and report.
Sec. 845. Report on market research.
Sec. 846. System development and demonstration benchmark report.
Sec. 847. Additional matters required to be reported by contractors
performing security functions in areas of
combat operations.
Sec. 848. Report relating to munitions.
Sec. 849. Additional contractor requirements and responsibilities
relating to alleged crimes by or against
contractor personnel in Iraq and
Afghanistan.
Sec. 850. Requirement for Department of Defense to adopt an acquisition
strategy for Defense Base Act insurance.
Sec. 851. Motor carrier fuel surcharges.
Sec. 852. Requirement for defense contract clause prohibiting certain
uses of foreign shell companies.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Revisions in functions and activities of special operations
command.
Sec. 902. Requirement to designate officials for irregular warfare.
Sec. 903. Plan required for personnel management of special operations
forces.
Sec. 904. Director of Operational Energy Plans and Programs.
Sec. 905. Corrosion control and prevention executives for the military
departments.
Sec. 906. Alignment of Deputy Chief Management Officer
responsibilities.
Sec. 907. Requirement for the Secretary of Defense to prepare a
strategic plan to enhance the role of the
National Guard and Reserves.
Sec. 908. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Sec. 909. Support to Committee review.
Subtitle B--Space Activities

Sec. 911. Extension of authority for pilot program for provision of
space surveillance network services to non-
United States Government entities.
Sec. 912. Investment and acquisition strategy for commercial satellite
capabilities.
Subtitle C--Chemical Demilitarization Program

Sec. 921. Chemical Demilitarization Citizens Advisory Commissions in
Colorado and Kentucky.
Sec. 922. Prohibition on transport of hydrolysate at Pueblo Chemical
Depot, Colorado.
Subtitle D--Intelligence-Related Matters

Sec. 931. Technical changes following the redesignation of National
Imagery and Mapping Agency as National
Geospatial-Intelligence Agency.
Sec. 932. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform
and Terrorism Prevention Act of 2004.
Sec. 933. Technical amendments relating to the Associate Director of
the CIA for Military Affairs.
Subtitle E--Other Matters

Sec. 941. Department of Defense School of Nursing revisions.
Sec. 942. Amendments of authority for regional centers for security
studies.
Sec. 943. Findings and Sense of Congress regarding the Western
Hemisphere Institute for Security
Cooperation.
Sec. 944. Restriction on obligation of funds for United States Southern
Command development assistance activities.
Sec. 945. Authorization of non-conventional assisted recovery
capabilities.
Sec. 946. Report on United States Northern Command development of
interagency plans and command and control
relationships.
Sec. 947. Report on National Guard resource requirements.
TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Requirement for separate display of budget for Afghanistan.
Sec. 1003. Requirement for separate display of budget for Iraq.
Sec. 1004. One-time shift of military retirement payments.
Sec. 1005. Management of purchase cards.
Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
Sec. 1012. Report on repair of naval vessel in foreign shipyards.
Sec. 1013. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Sec. 1014. National Defense Sealift Fund amendments.
Sec. 1015. Report on contributions to the domestic supply of steel and
other metals from scrapping of certain
vessels.
Subtitle C--Counter-Drug Activities

Sec. 1021. Continuation of reporting requirement regarding Department
of Defense expenditures to support foreign
counter-drug activities.
Sec. 1022. Extension of authority for joint task forces to provide
support to law enforcement agencies
conducting counter-terrorism activities.
Sec. 1023. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia and
continuation of numerical limitation on
assignment of United States personnel.
Sec. 1024. Expansion and extension of authority to provide additional
support for counter-drug activities of
certain foreign governments.
Sec. 1025. Comprehensive Department of Defense strategy for counter-
narcotics efforts for West Africa and the
Maghreb.
Sec. 1026. Comprehensive Department of Defense strategy for counter-
narcotics efforts in South and Central
Asian regions.
Subtitle D--Boards and Commissions

Sec. 1031. Strategic Communication Management Board.
Sec. 1032. Extension of certain dates for Congressional Commission on
the Strategic Posture of the United States.
Sec. 1033. Extension of Commission to Assess the Threat to the United
States from Electromagnetic Pulse (EMP)
Attack.
Subtitle E--Studies and Reports

Sec. 1041. Report on corrosion control and prevention.
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems
(MAFFS) in a Federal response to wildfires.
Sec. 1043. Study on rotorcraft survivability.
Sec. 1044. Studies to analyze alternative models for acquisition and
funding of inter-connected cyberspace
systems.
Sec. 1045. Report on nonstrategic nuclear weapons.
Sec. 1046. Study on national defense implications of section 1083.
Sec. 1047. Report on methods Department of Defense utilizes to ensure
compliance with Guam tax and licensing
laws.
Sec. 1048. Study on methods to verifiably reduce the likelihood of
accidental nuclear launch.
Subtitle F--Congressional Recognitions

Sec. 1051. Sense of Congress honoring the Honorable Duncan Hunter.
Sec. 1052. Sense of Congress in honor of the Honorable Jim Saxton, a
Member of the House of Representatives.
Sec. 1053. Sense of Congress honoring the Honorable Terry Everett.
Sec. 1054. Sense of Congress honoring the Honorable Jo Ann Davis.
Subtitle G--Other Matters

Sec. 1061. Amendment to annual submission of information regarding
information technology capital assets.
Sec. 1062. Restriction on Department of Defense relocation of missions
or functions from Cheyenne Mountain Air
Force Station.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Submission to Congress of revision to regulation on enemy
prisoners of war, retained personnel,
civilian internees, and other detainees.
Sec. 1065. Authorization of appropriations for payments to Portuguese
nationals employed by the Department of
Defense.
Sec. 1066. State Defense Force Improvement.
Sec. 1067. Barnegat Inlet to Little Egg Inlet, New Jersey.
Sec. 1068. Sense of Congress regarding the roles and missions of the
Department of Defense and other national
security institutions.
Sec. 1069. Sense of Congress relating to 2008 supplemental
appropriations.
Sec. 1070. Sense of Congress regarding defense requirements of the
United States.
Sec. 1071. Standing Advisory Panel on Improving Integration between the
Department of Defense, the Department of
State, and the United States Agency for
International Development on Matters of
National Security.
Sec. 1072. Nonapplicability of the Federal Advisory Committee Act to
the Congressional Commission on the
Strategic Posture of the United States.
Sec. 1073. Study and report on use of power management software.
Sec. 1074. Comprehensive Interagency Strategy for Strategic
Communication and Public Diplomacy
Activities of the Federal Government.
Sec. 1075. Prohibitions relating to propaganda.
Sec. 1076. Use of runway at NASJRB Willow Grove, Pennsylvania.
Sec. 1077. Prohibition on interrogation of detainees by contractor
personnel.
Sec. 1078. Requirement for videotaping or otherwise electronically
recording strategic intelligence
interrogations of persons in the custody of
or under the effective control of the
Department of Defense.
Sec. 1079. Public disclosure of names of students and instructors at
Western Hemisphere Institute for Security
Cooperation.
TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Temporary authority to waive limitation on premium pay for
Federal employees.
Sec. 1102. Extension of authority to make lump-sum severance payments.
Sec. 1103. Extension of voluntary reduction-in-force authority of
Department of Defense.
Sec. 1104. Technical amendment to definition of professional accounting
position.
Sec. 1105. Expedited hiring authority for health care professionals.
Sec. 1106. Authority to adjust certain limitations on personnel and
reports on such adjustments.
Sec. 1107. Temporary discretionary authority to grant allowances,
benefits, and gratuities to personnel on
official duty in a combat zone.
Sec. 1108. Requirement relating to furloughs during the time of a
contingency operation.
Sec. 1109. Direct hire authority for certain positions at personnel
demonstration laboratories.
Sec. 1110. Status reports relating to laboratory personnel
demonstration projects.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Extension of authority to build the capacity of the Pakistan
Frontier Corps.
Sec. 1202. Military-to-military contacts and comparable activities.
Sec. 1203. Enhanced authority to pay incremental expenses for
participation of developing countries in
combined exercises.
Sec. 1204. Extension of temporary authority to use acquisition and
cross-servicing agreements to lend military
equipment for personnel protection and
survivability.
Sec. 1205. One-year extension of authority for distribution to certain
foreign personnel of education and training
materials and information technology to
enhance military interoperability.
Sec. 1206. Modification and extension of authorities relating to
program to build the capacity of foreign
military forces.
Sec. 1207. Extension of authority for security and stabilization
assistance.
Sec. 1208. Authority for support of special operations to combat
terrorism.
Sec. 1209. Regional Defense Combating Terrorism Fellowship Program.
Subtitle B--Matters Relating to Iraq and Afghanistan

Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. Report on status of forces agreements between the United
States and Iraq.
Sec. 1213. Strategy for United States-led Provincial Reconstruction
Teams in Iraq.
Sec. 1214. Commanders' Emergency Response Program.
Sec. 1215. Performance monitoring system for United States-led
Provincial Reconstruction Teams in
Afghanistan.
Sec. 1216. Report on command and control structure for military forces
operating in Afghanistan.
Sec. 1217. Report on enhancing security and stability in the region
along the border of Afghanistan and
Pakistan.
Sec. 1218. Study and report on Iraqi police training teams.
Sec. 1219. Declaration of policy relating to status of forces
agreements between the United States and
Iraq.
Sec. 1220. Limitation on certain status of forces agreements between
the United States and Iraq.
Sec. 1221. Report on long-term costs of Operation Iraqi Freedom and
Operation Enduring Freedom.
Subtitle C--Other Matters

Sec. 1221. Payment of personnel expenses for multilateral cooperation
programs.
Sec. 1222. Extension of Department of Defense authority to participate
in multinational military centers of
excellence.
Sec. 1223. Study of limitation on classified contracts with foreign
companies engaged in space business with
China.
Sec. 1224. Requirement to update National Intelligence Estimate on
Iran's nuclear intentions and capabilities.
Sec. 1225. Employment for resettled Iraqis.
TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to previously authorized disposals from the
National Defense Stockpile.
Subtitle C--Armed Forces Retirement Home

Sec. 1421. Armed Forces Retirement Home.
Subtitle D--Inapplicability of Executive Order No. 13457

Sec. 1431. Inapplicability of Executive Order No. 13457.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Rapid acquisition fund.
Sec. 1507. Joint Improvised Explosive Device Defeat Fund.
Sec. 1508. Limitation on obligation of funds for the Joint Improvised
Explosive Devices Defeat Organization
pending notification to Congress.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Other Department of Defense programs.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1516. Special transfer authority.
Sec. 1517. Treatment as additional authorizations.
TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Definitions.
Sec. 1604. Authority to provide assistance for reconstruction and
stabilization crises.
Sec. 1605. Reconstruction and stabilization.
Sec. 1606. Authorities related to personnel.
Sec. 1607. Reconstruction and stabilization strategy.
Sec. 1608. Annual reports to Congress.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
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
2008 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2007 projects.
Sec. 2107. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2108. Extension of authorization of certain fiscal year 2005
project.
TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year
2007 projects.
Sec. 2207. Report on impacts of surface ship homeporting alternatives.
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. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2005
projects.
TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2007 project.
Sec. 2405. Modification of authority to carry out certain fiscal year
2005 projects.
Sec. 2406. Extension of authorization of certain fiscal year 2006
project.
Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorized chemical demilitarization program construction
and land acquisition projects.
Sec. 2412. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2413. Modification of authority to carry out certain fiscal year
1997 project.
Sec. 2414. Modification of authority to carry out certain fiscal year
2000 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2608. Extension of Authorization of certain fiscal year 2005
project.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Subtitle A--Authorizations

Sec. 2701. Authorization of appropriations for base closure and
realignment activities funded through
Department of Defense Base Closure Account
1990.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure
Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through
Department of Defense Base Closure Account
2005.
Subtitle B--Amendments to Base Closure and Related Laws

Sec. 2711. Repeal of commission approach for development of
recommendations in any future round of base
closures and realignments.
Sec. 2712. Modification of annual base closure and realignment
reporting requirements.
Sec. 2713. Technical corrections regarding authorized cost and scope of
work variations for military construction
and military family housing projects
related to base closures and realignments.
Subtitle C--Other Matters

Sec. 2721. Conditions on closure of Walter Reed Army Medical Hospital
and relocation of operations to National
Naval Medical Center and Fort Belvoir.
Sec. 2722. Report on use of BRAC properties as sites for refineries or
nuclear power plants.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Sec. 2801. Incorporation of principles of sustainable design in
documents submitted as part of proposed
military construction projects.
Sec. 2802. Extension of authority to use operation and maintenance
funds for construction projects outside the
United States.
Sec. 2803. Revision of maximum lease amount applicable to certain
domestic Army family housing leases to
reflect previously made annual adjustments
in amount.
Sec. 2804. Use of military family housing constructed under build and
lease authority to house members without
dependents.
Sec. 2805. Lease of military family housing to the Secretary of Defense
for use as residence.
Sec. 2806. Repeal of reporting requirement in connection with
installation vulnerability assessments.
Sec. 2807. Modification of alternative authority for acquisition and
improvement of military housing.
Sec. 2808. Report on capturing housing privatization best practices.
Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of exceptions to congressional reporting
requirements for certain real property
transactions.
Sec. 2812. Authority to lease non-excess property of military
departments and Defense Agencies.
Sec. 2813. Modification of utility system conveyance authority.
Sec. 2814. Permanent authority to purchase municipal services for
military installations in the United
States.
Sec. 2815. Defense access roads.
Sec. 2816. Protecting private property rights during Department of
Defense land acquisitions.
Subtitle C--Provisions Related to Guam Realignment

Sec. 2821. Guam Defense Policy Review Initiative Account.
Sec. 2822. Sense of Congress regarding use of Special Purpose Entities
for military housing related to Guam
realignment.
Sec. 2823. Sense of Congress regarding Federal assistance to Guam.
Sec. 2824. Comptroller General report regarding interagency
requirements related to Guam realignment.
Sec. 2825. Energy and environmental design initiatives in Guam military
construction and installations.
Sec. 2826. Department of Defense Inspector General report regarding
Guam realignment.
Sec. 2827. Eligibility of the Commonwealth of the Northern Mariana
Islands for military base reuse studies and
community planning assistance.
Sec. 2828. Prevailing wage applicable to Guam.
Sec. 2829. Port of Guam Improvement Enterprise Program.
Subtitle D--Energy Security

Sec. 2841. Certification of enhanced use leases for energy-related
projects.
Sec. 2842. Annual report on Department of Defense installations energy
management.
Subtitle E--Land Conveyances

Sec. 2851. Land conveyance, former Naval Air Station, Alameda,
California.
Sec. 2852. Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk,
California.
Sec. 2853. Land conveyance, former Naval Station, Treasure Island,
California.
Sec. 2854. Condition on lease involving Naval Air Station, Barbers
Point, Hawaii.
Sec. 2855. Land conveyance, Sergeant First Class M.L. Downs Army
Reserve Center, Springfield, Ohio.
Sec. 2856. Land conveyance, John Sevier Range, Knox County, Tennessee.
Sec. 2857. Land conveyance, Bureau of Land Management land, Camp
Williams, Utah.
Sec. 2858. Land conveyance, Army property, Camp Williams, Utah.
Sec. 2859. Extension of Potomac Heritage National Scenic Trail through
Fort Belvoir, Virginia.
Sec. 2860. Transfer of administrative jurisdiction, decommissioned
Naval Security Group Activity, Skaggs
Island, California.
Subtitle F--Other Matters

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2872. Decontamination and use of former bombardment area on island
of Culebra.
Sec. 2873. Acceptance and use of gifts for construction of additional
building at National Museum of the United
States Air Force, Wright-Patterson Air
Force Base.
Sec. 2874. Establishment of memorial to American Rangers at Fort
Belvoir, Virginia.
Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval
Base, Hawaii.
Sec. 2876. Naming of health facility, Fort Rucker, Alabama.
TITLE XXIX--ADDITIONAL WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS FOR FISCAL YEAR 2008

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army
projects for which funds were not
appropriated.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Utilization of international contributions to the Russian
plutonium disposition program.
Sec. 3112. Extension of deadline for Comptroller General report on
Department of Energy protective force
management.
Sec. 3113. Enhancing nuclear forensics capabilities.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of
the United States for the purpose of
dismantling, recycling, or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the
Maritime Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct
professors at the United States Merchant
Marine Academy.
DIVISION D--GOVERNMENTWIDE ACQUISITION IMPROVEMENTS

Sec. 4001. Short title.
TITLE XLI--ENHANCED COMPETITION

Sec. 4101. Minimizing sole-source contracts.
Sec. 4102. Limitation on length of certain noncompetitive contracts.
Sec. 4103. Requirement for purchase of property and services pursuant
to multiple award contracts.
TITLE XLII--CURBING ABUSE-PRONE CONTRACTS

Sec. 4201. Regulations to minimize the inappropriate use of cost-
reimbursement contracts.
Sec. 4202. Preventing abuse of interagency contracts.
Sec. 4203. Prohibitions on the use of lead systems integrators.
Sec. 4204. Regulations on excessive pass-through charges.
Sec. 4205. Linking of award and incentive fees to acquisition outcomes.
Sec. 4206. Minimizing abuse of commercial services item authority.
TITLE XLIII--ACQUISITION WORKFORCE

Sec. 4301. Acquisition workforce development fund.
Sec. 4302. Contingency contracting corps.
TITLE XLIV--ANTI-FRAUD PROVISIONS

Sec. 4401. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 4402. Mandatory Fraud Reporting.
Sec. 4403. Access of General Accounting Office to Contractor Employees.
Sec. 4404. Preventing conflicts of interest.
TITLE XLV--ENHANCED CONTRACT TRANSPARENCY

Sec. 4501. Disclosure of CEO salaries.
Sec. 4502. Database for contracting officers and suspension and
debarment officials.
Sec. 4503. Review of database.
Sec. 4504. Disclosure in applications.
Sec. 4505. Role of interagency committee.
Sec. 4506. Authorization of independent agencies.
Sec. 4507. Authorization of appropriations.
Sec. 4508. Report to Congress.
Sec. 4509. Improvements to the Federal procurement data system.
Sec. 4510. Protection of child custody arrangements for parents who are
members of the armed forces deployed in
support of a contingency operation.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.

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 2009
for procurement for the Army as follows:
(1) For aircraft, $4,912,735,000.
(2) For missiles, $2,201,460,000.
(3) For weapons and tracked combat vehicles,
$3,539,177,000.
(4) For ammunition, $2,294,791,000.
(5) For other procurement, $11,201,876,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2009 for procurement for the Navy as follows:
(1) For aircraft, $14,627,274,000.
(2) For weapons, including missiles and torpedoes,
$3,575,482,000.
(3) For shipbuilding and conversion, $12,917,919,000.
(4) For other procurement, $5,461,926,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2009 for procurement for the Marine Corps in the amount
of $1,296,327,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2009 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $1,122,712,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year 2009
for procurement for the Air Force as follows:
(1) For aircraft, $12,618,665,000.
(2) For ammunition, $934,478,000.
(3) For missiles, $5,536,728,000.
(4) For other procurement, $16,134,896,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal year 2009
for Defense-wide procurement in the amount of $3,485,428,000.

SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

Funds are hereby authorized to be appropriated for fiscal year 2009
for the procurement of aircraft, missiles, wheeled and tracked combat
vehicles, tactical wheeled vehicles, ammunition, other weapons, and
other procurement for the reserve components of the Armed Forces in the
amount of $800,000,000.

SEC. 106. RAPID ACQUISITION FUND.

Funds are hereby authorized to be appropriated for fiscal year 2009
for the Rapid Acquisition Fund in the amount of $50,000,000.

Subtitle B--Army Programs

SEC. 111. SEPARATE PROCUREMENT LINE ITEMS FOR FUTURE COMBAT SYSTEMS
PROGRAM.

Effective for fiscal year 2010 and for each fiscal year thereafter,
the Secretary of Defense shall ensure that, in each budget submission
to the President, a separate, dedicated procurement line item is
designated for each of the following elements of the Future Combat
Systems (FCS) program, to the extent the budget submission includes
funding for such elements:
(1) FCS Manned Ground Vehicles.
(2) FCS Unmanned Ground Vehicles.
(3) FCS Unmanned Aerial Systems.
(4) FCS Unattended Ground Systems.
(5) Other FCS elements.

SEC. 112. RESTRICTION ON CONTRACT AWARDS FOR MAJOR ELEMENTS OF THE
FUTURE COMBAT SYSTEMS PROGRAM.

(a) Contracting Restricted.--For fiscal year 2009 and any fiscal
year thereafter, the Secretary of Defense and the Secretary of the Army
may not award a contract for low-rate initial production or full-rate
production of major elements of the Future Combat Systems program to
any entity that is under contract to perform the role of lead systems
integrator for the Future Combat Systems program.
(b) Inapplicability to Non-Line of Sight Cannon.--Subsection (a)
does not apply to contracts entered into in fiscal year 2009 or fiscal
year 2010 for procurement of Non-Line of Sight Cannon vehicles.
(c) Inapplicability to Equipment Procured Through Selected
Acquisition Methods.--Subsection (a) does not apply to elements of the
Future Combat Systems program--
(1) acquired through the Army Rapid Equipping Force
program;
(2) acquired through the Joint Improved Explosive Device
Defeat Organization; or
(3) acquired specifically to address an Operational Needs
Statement or Joint Urgent Operational Needs Statement.
(d) Definitions.--In this section:
(1) The term ``major elements of the Future Combat Systems
program'' includes--
(A) Future Combat Systems Manned Ground Vehicles;
(B) Future Combat Systems Unmanned Ground Vehicles;
(C) Future Combat Systems Unmanned Aerial Vehicles;
(D) Future Combat Systems Non-Line of Sight Missile
Launchers;
(E) Future Combat Systems Unattended Ground
Sensors; and
(F) Future Combat Systems equipment to upgrade
vehicles and other equipment in the Army inventory as
of October 1, 2008.
(2) The term ``lead systems integrator'' has the meaning
given such term in section 802(d) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181).

SEC. 113. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL RADIO
PENDING REPORT.

(a) Report Required.--The Assistant Secretary of Defense for
Networks and Information Integration shall submit to the congressional
defense committees a report on Army tactical radio fielding plans by
March 30, 2009. This report shall include, at a minimum, the following:
(1) A description of the Army tactical radio fielding
strategy, including a description of the overall mix of
tactical radio systems and how they integrate to provide
communications and network capability.
(2) A detailed description of the current and future mix of
radios for Army infantry brigade combat teams, heavy brigade
combat teams, Stryker brigade combat teams, and Future Combat
Systems brigade combat teams.
(3) A description of the current and future mix of radios
for Army support brigades, headquarters elements, and training
base.
(4) A description of the Army's plan to integrate joint
tactical radio system radios, including the number of each type
of joint tactical radio the Army plans to procure.
(5) An assessment of the total cost of the Army's tactical
radio fielding strategy, including future procurement of joint
tactical radio systems.
(b) Restriction on Obligation of Funds Pending Report.--Of the
amounts appropriated pursuant to an authorization of appropriations in
this Act or otherwise made available for fiscal year 2009 for Other
Procurement, Army, for tactical radio systems, not more than 75 percent
may be obligated or expended until 30 days after the report required by
subsection (a) is received by the congressional defense committees.

SEC. 114. RESTRICTION ON OBLIGATION OF PROCUREMENT FUNDS FOR ARMED
RECONNAISSANCE HELICOPTER PROGRAM PENDING CERTIFICATION.

(a) Certification Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall certify to the
congressional defense committees that the Army Reconnaissance
Helicopter has--
(1) satisfactorily completed a Limited User Test; and
(2) been approved to enter Milestone C.
(b) Restriction on Obligation of Funds Pending Certification.--Of
the amounts appropriated pursuant to an authorization of appropriations
in this Act or otherwise made available for fiscal year 2009 for
aircraft procurement, Army, for the Armed Reconnaissance Helicopter,
not more than 20 percent may be obligated until 30 days after the
certification required by subsection (a) is received by the
congressional defense committees.

Subtitle C--Navy Programs

SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. THEODORE
ROOSEVELT.

(a) Amount Authorized From SCN Account.--Of the amount appropriated
pursuant to the authorization of appropriations in section 102 or
otherwise made available for shipbuilding, conversion, and repair,
Navy, for fiscal year 2009, $124,500,000 is available for the
commencement of the nuclear refueling and complex overhaul of the
U.S.S. Theodore Roosevelt (CVN-71) during fiscal year 2009. The amount
made available in the preceding sentence is the first increment in the
three-year funding planned for the nuclear refueling and complex
overhaul of that vessel.
(b) Contract Authority.--The Secretary of the Navy is authorized to
enter into a contract during fiscal year 2009 for the nuclear refueling
and overhaul of the U.S.S. Theodore Roosevelt (CVN-71).
(c) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (b) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2009 is subject to the availability of appropriations
for that purpose for that later fiscal year.

SEC. 122. APPLICABILITY OF PREVIOUS TEAMING AGREEMENTS FOR VIRGINIA-
CLASS SUBMARINE PROGRAM.

Section 121 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181) is amended in subsection (b)--
(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the Secretary submits to the congressional defense
committees a certification that the contract will be awarded to
either the General Dynamics Electric Boat Division or the
Northrop Grumman Newport News Shipbuilding Division, with the
other contractor as the primary subcontractor to the contract,
in accordance with the Team Agreement between the two
companies, dated February 16, 1997, which was submitted to the
Congress on March 31, 1997.''.

SEC. 123. LITTORAL COMBAT SHIP (LCS) PROGRAM.

Section 124 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3157), as amended by section
125 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 29), is amended in subsection (d) by
adding at the end the following:
``(3) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2007.
However, in the case of a vessel the procurement of which is
funded from amounts appropriated pursuant to an authorization
of appropriations or otherwise made available for fiscal year
2008 or 2009, the amount of such an increase for such a vessel
may not exceed $10,000,000.
``(4) The amounts of increases or decreases in costs of
that vessel that are attributable to insertion of new
technology into that vessel, as compared to the technology
built into the first and second vessels, respectively, of the
Littoral Combat Ship (LCS) class of vessels. However, the
Secretary of the Navy may make an adjustment under this
paragraph only if--
``(A) the Secretary of the Navy determines, and
certifies to the congressional defense committees, that
insertion of the new technology would lower the life-
cycle cost of the vessel; or
``(B) (i) the Secretary of the Navy determines, and
certifies to the congressional defense committees, that
insertion of the new technology is required to meet an
emerging threat; and
``(ii) the Secretary of Defense certifies to those
committees that such threat poses grave harm to
national security.''.

SEC. 124. REPORT ON F/A-18 PROCUREMENT COSTS, COMPARING MULTIYEAR TO
ANNUAL.

(a) In General.--Not later than March 1, 2009, the Secretary of
Defense shall submit to the congressional defense committees a report
on F/A-18 procurement. The report shall include the following:
(1) The number of F/A-18E/F and EA-18G aircraft programmed
for procurement for fiscal years 2010 through 2015.
(2) The estimated procurement costs for those aircraft, if
procured through annual procurement contracts.
(3) The estimated procurement costs for those aircraft, if
procured through a multiyear procurement contract.
(4) The estimated savings that could be derived from the
procurement of those aircraft through a multiyear procurement
contract, and whether the Secretary considers the amount of
those savings to be substantial.
(5) A discussion comparing the costs and benefits of
obtaining those aircraft through annual procurement contracts
with the costs and benefits of obtaining those aircraft through
a multiyear procurement contract.
(6) The recommendations of the Secretary as to whether
Congress should authorize a multiyear procurement contract for
those aircraft.
(b) Certifications Required.--Should the Secretary recommend under
subsection (a)(6) that Congress authorize a multiyear procurement
contract for the aircraft, the Secretary shall accompany the
recommendation with the certifications required by section 2306b of
title 10, United States Code, so as to enable to award of a multiyear
procurement contract beginning with fiscal year 2010.
(c) Funding.--Subject to the availability of appropriations, the
Secretary of the Navy may obligate up to $100,000,000 of the amount
authorized for procurement of F/A-18E/F or EA-18G aircraft for cost
reduction initiatives (CRI) in fiscal year 2009. Such CRI funding may
be applied to either single year or multiyear procurements of F/A-18
aircraft.

Subtitle D--Air Force Programs

SEC. 131. LIMITATION ON RETIRING C-5 AIRCRAFT.

(a) Certification and Cost Analysis Required.--The Secretary of the
Air Force may not retire C-5A aircraft from the inventory of the Air
Force in any number that would reduce the total number of such aircraft
in the inventory below 111 until 45 days after the Secretary of the Air
Force submits to the congressional defense committees the following:
(1) The Secretary's certification that retiring the
aircraft will not significantly increase operational risk of
not meeting the National Defense Strategy.
(2) A cost analysis with respect to the aircraft to be
retired that--
(A) evaluates which alternative is more effective
in meeting strategic airlift mobility requirements--
(i) to retire the aircraft; or
(ii) to perform the Reliability Enhancement
and Re-engining Program (RERP) on the aircraft;
and
(B) evaluates the life-cycle cost of C-17 aircraft
to replace the capability of the aircraft to be
retired.
(b) Additional Requirements for Cost Analysis.--The cost analysis
required by subsection (a)(2) shall conform to the following
requirements:
(1) The cost analysis shall include one analysis that uses
``constant year dollars'' and one analysis that uses ``then
year dollars''.
(2) For each such analysis, the time period covered by the
analysis shall be the expected service life of the aircraft
concerned.
(3) For each such analysis, the ownership costs evaluated
shall include costs for--
(A) planned technology insertions or upgrades over
the service life of the aircraft to meet emerging
requirements;
(B) research and development;
(C) testing;
(D) procurement;
(E) production;
(F) production termination;
(G) operations;
(H) training;
(I) maintenance;
(J) sustainment;
(K) military construction;
(L) personnel;
(M) cost of replacement due to attrition; and
(N) disposal.
(4) The cost analysis shall include each of the following:
(A) An assessment of the quality of each cost
analysis.
(B) A discussion of each of the following:
(i) The assumptions used.
(ii) The benefits to be realized from each
alternative.
(iii) Adverse impacts to be realized from
each alternative.
(iv) Cargo capacity, operational
availability, departure reliability, and
mission capability.
(v) Aircraft basing.
(vi) Aircrew ratios and associated training
requirements.
(vii) Performing RERP on only C-5B and C-5C
aircraft.
(C) A summary table that compares and contrasts
each alternative with respect to each of the
requirements of this subsection.
(c) Conforming Repeal.--Section 132 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1411) is repealed.

SEC. 132. MAINTENANCE OF RETIRED KC-135E AIRCRAFT.

Section 135(b) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) is
amended by striking ``each KC-135E aircraft that is retired'' and
inserting ``at least 46 of the KC-135E aircraft retired''.

SEC. 133. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY FOR PROCUREMENT OF
TANKER AIRCRAFT.

Section 135 of the National Defense Authorization Act for Fiscal
Year 2004 (10 U.S.C. 2401a note) is repealed.

SEC. 134. REPORT ON PROCESSES USED FOR REQUIREMENTS DEVELOPMENT FOR KC-
(X).

Not later than December 1, 2008, the Secretary of the Air Force
shall submit to the congressional defense committees a report on the
processes used for requirements development for the KC-(X). The report
shall include--
(1) an examination of the processes by which KC-(X)
requirements were established;
(2) a justification for the use of the KC-135R as the
comparative baseline for the KC-(X) competition; and
(3) an evaluation of commercial derivative aircraft in the
750,000 pounds maximum gross take-off weight to 1,000,000
pounds maximum gross take-off weight range as a potential
aerial refueling platform, which shall include an examination
of pertinent aerial refueling capabilities such as range,
offload at range, and passenger/cargo capacity.

Subtitle E--Joint and Multiservice Matters

SEC. 141. BODY ARMOR ACQUISITION STRATEGY.

(a) Executive Agent.--The Secretary of Defense shall designate an
executive agent for procurement of body armor and associated
components.
(b) Separate Procurement Line Items.--Effective for fiscal year
2010 and for each fiscal year thereafter, the Secretary of Defense
shall ensure that, within each procurement account budget submission to
the President, a separate, dedicated procurement line item is
designated for procurement of body armor and associated components.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to the congressional defense
committees a report that--
(1) identifies the critical industrial base capacity for
body armor, to include all tiers of subcontractor suppliers;
(2) contains a plan for the long-term maintenance of this
industrial base capacity; and
(3) identifies specific research and development
objectives, priorities, and funding profiles for--
(A) advances in the level of protection;
(B) weight reduction; and
(C) manufacturing productivity.

SEC. 142. SMALL ARMS ACQUISITION STRATEGY AND REQUIREMENTS REVIEW.

(a) GAO Audit and Report.--The Comptroller General of the United
States shall audit the requirements generation process of the
Department of Defense for small arms procurement to determine if there
are statutory or regulatory barriers to developing a small arms
procurement requirement. Not later than October 1, 2009, the
Comptroller General shall submit to the congressional defense
committees a report on the results of the audit.
(b) Secretary of Defense Report.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a comprehensive report
on the small arms industrial base. The report shall include the
following:
(1) The current inventory, acquisition objective,
operational, and budgetary status of current small arms
programs, to include pistols, carbines, rifles, light, medium,
and heavy machine guns.
(2) A plan for a joint acquisition strategy for small arms
modernization, with emphasis on a possible near term
competition for a new pistol and carbine.
(3) An analysis of current small arms research and
development programs.
(4) An analysis of current small arms capability gap
assessments that have been finalized or are being pursued.
(c) Definition.--In this section, the term ``small arms''--
(1) means man portable or vehicle mounted light weapons,
designed primarily for use by individual military personnel for
anti-personnel use; and
(2) includes pistols, carbines, rifles, and light, medium,
and heavy machine guns.

SEC. 143. REQUIREMENT FOR COMMON GROUND STATIONS AND PAYLOADS FOR
MANNED AND UNMANNED AERIAL VEHICLES.

(a) Policy Required.--The Secretary of Defense shall establish a
policy and an acquisition strategy for intelligence, surveillance, and
reconnaissance payloads and ground stations for manned and unmanned
aerial vehicle systems, to be applicable throughout the Department of
Defense, to achieve integrated research, development, test, and
evaluation, and procurement commonality.
(b) Objectives.--The policy and acquisition strategy required by
subsection (a) shall have the following objectives:
(1) Procurement of common payloads by vehicle class,
including--
(A) signals intelligence;
(B) electro optical;
(C) synthetic aperture radar;
(D) ground moving target indicator;
(E) conventional explosive detection;
(F) foliage penetrating radar;
(G) laser designator;
(H) chemical, biological, radiological, nuclear,
explosive detection; and
(I) national airspace operations avionics or
sensors, or both.
(2) Commonality of ground systems by vehicle class.
(3) Common management of vehicle and payloads procurement.
(4) Ground station interoperability standardization.
(5) Open source software code.
(6) Acquisition of technical data rights in accordance with
section 2320 of title 10, United States Code.
(7) Acquisition of vehicles, payloads, and ground stations
through competitive procurement.
(c) Affected Systems.--For the purposes of this section, the manned
and unmanned aerial vehicle classes and types of manned and unmanned
aerial vehicles within each class are as follows:
(1) Tier II class: Vehicles such as Silver Fox and Scan
Eagle.
(2) Tactical class: Vehicles such as RQ-7.
(3) Medium altitude class: Vehicles such as MQ-1, MQ-1C,
MQ-5, MQ-8, MQ-9, and Warrior Alpha.
(4) High Altitude class: Vehicles such as RQ-4, RQ-4N,
Unmanned airship systems, Constant Hawk, Angel Fire, Special
Project Aircraft, Aerial Common Sensor, EP-3, Scathe View,
Compass Call, and Rivet Joint.
(d) Consultation.--The Secretary shall develop the policy and
acquisition strategy required by subsection (a) in consultation with
the Chairman of the Joint Chiefs of Staff.
(e) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on Intelligence
of the Senate a report containing--
(1) the policy required by subsection (a); and
(2) the acquisition strategy required by subsection (a).

SEC. 144. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS OF THE
NAVY.

Not later than 120 days after the date of the enactment of this
Act, the Secretary of the Navy shall submit to the congressional
defense committees a report on future jet carrier trainer requirements.
The report shall include--
(1) an assessment of the Navy Strategic Planning Study
concerning future jet carrier trainer requirements;
(2) an assessment of studies conducted by independent
organizations concerning future jet carrier trainer
requirements;
(3) a cost-benefit analysis of creating a new program to
fulfill future jet carrier trainer requirements;
(4) a cost-benefit analysis of modifying current programs
to fulfill future jet carrier trainer requirements; and
(5) a plan to address future jet carrier trainer
requirements beginning fiscal year 2010.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $10,688,695,000.
(2) For the Navy, $19,764,738,000.
(3) For the Air Force, $28,238,349,000.
(4) For Defense-wide activities, $21,033,651,000, of which
$188,772,000 is authorized for the Director of Operational Test
and Evaluation.

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

(a) Fiscal Year 2009.--Of the amounts authorized to be appropriated
by section 201, $12,059,915,000 shall be available for the Defense
Science and Technology Program, including basic research, applied
research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced Technology
Development Defined.--For purposes of this section, the term ``basic
research, applied research, and advanced technology development'' means
work funded in program elements for defense research and development
under Department of Defense budget activity 1, 2, or 3.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. ADDITIONAL DETERMINATIONS TO BE MADE AS PART OF FUTURE COMBAT
SYSTEMS MILESTONE REVIEW.

Section 214(b) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2123) is
amended by striking paragraphs (4) through (6) and inserting the
following:
``(4) Whether actual demonstrations, rather than
simulations, have shown that the software for the program is on
a path to achieve threshold requirements on cost and schedule.
``(5) Whether the program's planned major communications
network demonstrations are sufficiently complex and realistic
to inform major program decision points.
``(6) The extent to which Future Combat Systems manned
ground vehicle survivability will be reduced in a degraded
Future Combat Systems communications network environment.
``(7) The level of network degradation at which Future
Combat Systems manned ground vehicle crew survivability is
significantly reduced.
``(8) The extent to which the Future Combat Systems
communications network will be able to withstand network
attack, jamming, or other interference.
``(9) What the cost estimate for the program is, including
all spin outs, and an assessment of the confidence level for
that estimate.
``(10) What the affordability assessment for the program
is, given projected Army budgets, based on that cost
estimate.''.

SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMUNICATIONS NETWORK AND
SOFTWARE.

(a) Report Required.--Not later than July 1, 2009, the Assistant
Secretary of Defense, Networks and Information Integration, shall
submit to the congressional defense committees a report providing an
assessment of the Future Combat Systems communications network and
software. This report shall include, at a minimum, the following:
(1) An assessment of the vulnerability of the Future Combat
Systems communications network and software to enemy network
attack, in particular the impact of the use of significant
amounts of commercial software in Future Combat Systems
software.
(2) An assessment of the vulnerability of the Future Combat
Systems communications network to electronic warfare, jamming,
and other potential enemy interference.
(3) An assessment of the vulnerability of the Future Combat
Systems communications network to adverse weather and complex
terrain.
(4) An assessment of the Future Combat Systems
communication network's dependence on satellite communications
support, and an assessment of the network's performance in the
absence of assumed levels of satellite communications support.
(5) An assessment of the performance of the Future Combat
Systems communications network when operating in a degraded
condition due to the factors analyzed in paragraphs (1), (2),
(3), and (4), and how such a degraded network environment would
impact the performance of Future Combat Systems brigades and
the survivability of Future Combat Systems manned ground
vehicles.
(b) Inclusion of Classified Annex.--The report required by
subsection (a) may include a classified annex at the discretion of the
Assistant Secretary, for the purpose of providing the assessments
required, or to provide additional supporting information.

SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VEHICLE SELECTED
ACQUISITION REPORTS.

(a) Report Required.--For each of the years 2009 through 2015, the
Secretary of the Army shall, not later than February 15 of the year,
submit a selected acquisition report for each Future Combat Systems
manned ground vehicle variant.
(b) Required Elements.--The reports required by subsection (a)
shall include the same information required in comprehensive annual
selected acquisition reports for major defense acquisition as defined
in section 2432(c) of title 10, United States Code.
(c) Definition.--In this section, the term ``manned ground vehicle
variant'' includes the eight distinct variants of manned ground vehicle
designated on pages seven and eight of the Future Combat Systems
selected acquisition report of the Department of Defense dated December
31, 2007, and any additional manned ground vehicle variants designated
in Future Combat Systems acquisition reports of the Department of
Defense after the date of the enactment of this Act.

SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION LINE ITEMS AND PROGRAM ELEMENTS FOR SKY
WARRIOR UNMANNED AERIAL SYSTEMS PROJECT.

Effective for fiscal year 2010 and for each fiscal year thereafter,
the Secretary of Defense shall ensure that, in the Department of
Defense's annual budget submission to the President, within both the
account for procurement and the account for research, development,
test, and evaluation, a separate, dedicated line item and program
element is designated for the Sky Warrior Unmanned Aerial Systems
project, to the extent such accounts include funding for such project.

SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR THE WARFIGHTER
INFORMATION NETWORK--TACTICAL PROGRAM.

(a) Notification Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall notify the congressional
defense committees within five days after the completion of all of the
following actions:
(1) Approval by the Under Secretary of a new acquisition
program baseline for the Warfighter Information Network-
Tactical (WIN-T) Increment 3 program.
(2) Completion of the independent cost estimate for the
WIN-T Increment 3 program by the Cost Analysis Improvement
Group, as required by the June 5, 2007 recertification by the
Under Secretary.
(3) Completion of the technology readiness assessment of
the WIN-T Increment 3 program by the Director, Defense Research
and Engineering, as required by the June 5, 2007
recertification by the Under Secretary.
(b) Restriction on Obligation of Funds Pending Notification.--Of
the amounts appropriated pursuant to an authorization of appropriations
in this Act or otherwise made available for research, development,
test, and evaluation, Army, for fiscal year 2009 for the WIN-T
Increment 3 program, not more than 20 percent of those amounts may be
obligated or expended until 15 days after the notification required by
subsection (a) is received by the congressional defense committees.

SEC. 216. LIMITATION ON SOURCE OF FUNDS FOR CERTAIN JOINT CARGO
AIRCRAFT EXPENDITURES.

Of the amounts appropriated pursuant to an authorization of
appropriations in this Act or otherwise made available for fiscal year
2009 or any fiscal year thereafter for the Army, the Secretary of the
Army may fund the following Joint Cargo Aircraft expenditures only
through amounts made available for procurement or for research,
development, test, and evaluation: support equipment, initial spares,
training simulators, systems engineering and management, and post-
production modifications.

Subtitle C--Missile Defense Programs

SEC. 221. INDEPENDENT STUDY OF BOOST PHASE MISSILE DEFENSE.

(a) Agreement Required.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall enter into an
agreement with a Federally Funded Research and Development Center to
conduct an independent study of concepts and systems for boost phase
missile defense.
(b) Requirements for Study.--
(1) Systems to be examined.--The study required by
subsection (a) shall examine each of the following systems:
(A) The Airborne Laser.
(B) The Kinetic Energy Interceptor (land- and sea-
based options).
(2) Factors to be evaluated.--The study shall evaluate each
system based on the following factors:
(A) Technical capability of the system against
scenarios identified in paragraph (3)(A).
(B) Operational issues, including operational
effectiveness.
(C) Results of key milestone tests in fiscal year
2009 and fiscal years prior.
(D) Survivability.
(E) Suitability.
(F) Concept-of-Operations, including basing
considerations.
(G) Operations and maintenance support.
(H) Command-and-Control.
(I) Shortfall from intercepts.
(J) Force structure requirements.
(K) Effectiveness against countermeasures.
(L) Estimated cost of sustaining the system in the
field.
(M) Total lifecycle cost estimates.
(3) Scenarios to be assessed.--
(A) In general.--The study shall include, for each
system, an assessment of the operational capabilities
of the system--
(i) to counter short-, medium-, and
intermediate-range ballistic missile threats to
the deployed forces of the United States and
its friends and allies from rogue states; and
(ii) to defend the territory of the United
States against limited ballistic missile
attack.
(B) Comparison with non-boost systems.--The study
shall also include an assessment of the performance and
operational capabilities of non-boost missile defense
systems to counter the threats referred to in
subparagraph (A), and shall compare those capabilities
with the predicted performance and operational
capabilities of the boost phase missile defense systems
to counter those threats. For purposes of this
subparagraph, the non-boost missile defense systems
shall include, at a minimum--
(i) the Patriot PAC-3 system and the Medium
Extended Air Defense System (MEADS) follow-on
system;
(ii) the Aegis Ballistic Missile Defense
system, with all variants of the Standard
Missile-3 interceptor;
(iii) the Terminal High Altitude Area
Defense (THAAD) system; and
(iv) the Ground-based Midcourse Defense
system.
(4) Assessments and recommendations.--The study shall
include the following:
(A) Assessment of the developmental efforts to date
and feasibility of the currently funded boost phase
missile defense systems, using the factors outlined in
paragraph (2).
(B) Assessment of the cost and benefits of the
currently funded boost phase missile defense systems.
(C) A recommended strategy for boost phase missile
defense investment over the Future Years Defense
Program.
(D) Any other matter that the Federally Funded
Research and Development Center considers appropriate.
(c) Cooperation From Government.--In carrying out the study, the
Federally Funded Research and Development Center shall receive the full
and timely cooperation of the Secretary of Defense and any other United
States Government official in providing the Center with analyses,
briefings, and other information necessary for the fulfillment of its
responsibilities.
(d) Report.--Not later than January 31, 2010, the Federally Funded
Research and Development Center shall submit to the congressional
defense committees a report on its findings, conclusions, and
recommendations. The report shall be in unclassified form, but may
include a classified annex.
(e) Prohibition.--No funds appropriated pursuant to an
authorization of appropriations in this Act or otherwise made available
for fiscal year 2009 or any fiscal year thereafter may be obligated or
expended for the acquisition of the second Airborne Laser aircraft
until 60 days after the report required by this section is submitted.

SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT,
CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN
EUROPE.

(a) General Limitation.--No funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2009 or any fiscal year thereafter may be obligated or
expended for procurement, site activation, construction, preparation of
equipment for, or deployment of a long-range missile defense system in
Europe until the following conditions have been met:
(1) The Government of Poland and the Government of the
Czech Republic have each signed and ratified the missile
defense basing agreements and status of forces agreements that
allow for the stationing, in their respective countries, of the
United States missile defense assets and personnel needed to
carry out the proposed deployment.
(2) Forty-five days have elapsed following the receipt by
the congressional defense committees of the report required by
section 226(c)(6) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181).
(b) Additional Limitation.--In addition to the limitation in
subsection (a), no funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2009 may be obligated or expended for the acquisition or deployment of
operational missiles of a long-range missile defense system in Europe
until the Secretary of Defense, after receiving the views of the
Director of Operational Test and Evaluation, submits to the
congressional defense committees a report certifying that the proposed
interceptor to be deployed as part of such missile defense system has
demonstrated, through successful, operationally realistic flight
testing, a high probability of working in an operationally effective
manner and the ability to accomplish the mission.
(c) Construction.--Nothing in this section shall be construed to
limit continuing obligation and expenditure of funds for missile
defense, including for research and development and for other
activities not otherwise limited by subsection (a) or (b), including,
but not limited to, site surveys, studies, analysis, and planning and
design for the proposed missile defense deployment in Europe.

Subtitle D--Other Matters

SEC. 231. OVERSIGHT OF TESTING OF PERSONNEL PROTECTIVE EQUIPMENT BY
DIRECTOR, OPERATIONAL TEST AND EVALUATION.

(a) Responsibilities of the Director, Operational Test and
Evaluation, With Respect to Personnel Protective Equipment.--Section
139 of title 10, United States Code, is amended--
(1) in subsection (a)(2) by adding at the end the
following:
``(C) The term `covered system' means a Department
of Defense acquisition program that is a covered system
for purposes of section 2366 of this title or that is
an item of personnel protective equipment designated as
a covered system by the Secretary of Defense, or the
Secretary's designee, for purposes of this section.'';
and
(2) in subsection (b)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) through (7) as
(3) through (6), respectively; and
(C) by amending paragraph (6) (as so redesignated)
to read as follows:
``(6) monitor and review the survivability and lethality
testing of covered systems, major munition programs, and
covered product improvement programs of the Department of
Defense provided under section 2366 of this title.''.
(b) Inclusion of Personnel Protective Equipment in Survivability
Testing Required Before Full-Scale Production.--Section 2366 of title
10, United States Code, is amended--
(1) in subsection (e) by amending paragraph (1) to read as
follows:
``(1) The term `covered system' means--
``(A) a vehicle, weapon platform, or conventional
weapon system--
``(i) that includes features designed to
provide some degree of protection to users in
combat; and
``(ii) that is a major system within the
meaning of that term in section 2302(5) of this
title; or
``(B) an item of personnel protective equipment
designated as a covered system in accordance with
section 139(a)(2)(C) of this title.''; and
(2) by adding at the end the following:
``(f) Personnel Protective Equipment.--In the case of an item of
personnel protective equipment designated as a covered system, if,
before a decision to proceed beyond low rate initial production, a
decision is made within the Department of Defense to proceed to
operational use of that equipment or to make procurement funds
available for that equipment--
``(1) the milestone decision authority (as defined in
Department of Defense Directive 5000.1, dated May 12, 2003) for
the associated acquisition program shall notify the Director of
Operational Test and Evaluation of such a decision, along with
supporting rationale; and
``(2) the Director of Operational Test and Evaluation shall
submit to the Secretary of Defense and the congressional
defense committees the report required by subsection (d) as
soon as practicable.''.

SEC. 232. ASSESSMENT OF THE HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY SERVING INSTITUTIONS PROGRAM.

(a) Assessment Required.--The Secretary of Defense shall--
(1) carry out an assessment of the capability of
Historically Black Colleges and Universities and Minority
Serving Institutions (HBCU/MI) to participate in research,
development, test, and evaluation programs for the Department
of Defense; and
(2) not later than twelve months after the date of the
enactment of this Act, submit to the congressional defense
committees a report on the assessment.
(b) Matters Assessed.--The report under subsection (a) shall
include the following:
(1) Summarized findings and lessons learned from HBCU/MI
programs based on contracts, grants, or cooperative agreement
awards.
(2) An assessment of the relevance, to include outcomes and
impacts, of those programs to the research mission of the
Department.
(3) An assessment of the national and regional conferences
held annually to provide technical assistance and information
regarding research, development, test, and evaluation
activities of the Department, including the following:
(A) The number of such conferences held over the
last three years, and a description of each such
conference, to include a description of activities
conducted to meet the goals of the conference.
(B) A follow-up assessment of the success of such
conferences from the perspective both of the Department
and of the attending institutions.
(C) An assessment as to whether such conferences
are appropriately targeted to institutions that have
not historically received contracts, grants or
cooperative agreements with the Department.
(4) As directed in Executive Order No. 13256, a plan
documenting the Department's effort in increasing the capacity
of HBCU/MIs to participate in the research programs of the
Department.
(5) Any other matters the Secretary considers appropriate.

SEC. 233. TECHNOLOGY-NEUTRAL INFORMATION TECHNOLOGY GUIDELINES AND
STANDARDS TO SUPPORT FULLY INTEROPERABLE ELECTRONIC
PERSONAL HEALTH INFORMATION FOR THE DEPARTMENT OF DEFENSE
AND DEPARTMENT OF VETERANS AFFAIRS.

(a) In General.--Section 1635 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 460; 10 U.S.C.
1071 note) is amended--
(1) in subsection (h)(1) by adding at the end the
following:
``(C) A description and analysis of the level of
interoperability and security of technologies for
sharing healthcare information among the Department of
Defense, the Department of Veterans Affairs, and their
transaction partners.
``(D) A description and analysis of the problems
the Department of Defense and the Department of
Veterans Affairs are having with, and the progress such
agencies are making toward, ensuring interoperable and
secure healthcare information systems and electronic
healthcare records.''.
(2) by adding at the end the following:
``(j) Technology-Neutral Guidelines and Standards.--
``(1) In general.--The Director, in consultation with
industry and appropriate Federal agencies, shall develop, or
shall adopt from industry, technology-neutral information
technology infrastructure guidelines and standards for use by
the Department of Defense and the Department of Veterans
Affairs to enable those agencies to effectively select and
utilize information technologies to meet the requirements of
this section, in a manner that is--
``(A) interoperable;
``(B) inclusive of ongoing Federal efforts that
provide technical expertise to harmonize existing
standards and assist in the development of
interoperability specifications; and
``(C) consistent with relevant guidance and
directives for the development of information
technology systems with the Department of Defense and
the Department of Veterans Affairs.
``(2) Elements.--The guidelines and standards developed or
adopted under subsection (a) shall--
``(A) promote the use by commercially available and
open source products to incorporate those guidelines
and standards;
``(B) develop uniform testing procedures suitable
for determining the conformance of commercially
available and other Federally developed healthcare
information technology products with the guidelines and
standards;
``(C) support and promote the testing of electronic
healthcare information technologies utilized by the
Department of Defense and the Department of Veterans
Affairs;
``(D) provide protection and security profiles;
``(E) establish a core set of specifications in
transactions between Federal agencies and their
transaction partners; and
``(F) include validation criteria to enable Federal
agencies to select healthcare information technologies
appropriate to their needs.
``(3) Report.--Not later than March 31, 2009, the Director
shall submit to the Secretary of Defense and the Secretary of
Veterans Affairs, and to the appropriate congressional
committees, a report identifying the guidelines and standards
developed or adopted under this subsection. The report shall
include--
``(A) a description of how the Office is working
with the Business Transformation Agency to integrate
these standards into the Enterprise Transition Plan for
the Department of Defense; and
``(B) a synchronization roadmap showing the
timeline for the deployment of applicable existing and
planned healthcare information technology systems and
how they will implement these standards.''.
(b) Compliance With Requirements.--The amendments made by
subsection (a) shall not impede the Secretary of Defense, the Secretary
of Veterans Affairs, and the interagency program office from ensuring
that the requirements of subsection (d) of section 1635 of that Act,
including the date specified in that subsection, are met.

SEC. 234. REPEAL OF REQUIREMENT FOR TECHNOLOGY TRANSITION INITIATIVE.

(a) Assessment Required.--
(1) In general.--Not later than March 31, 2009, the Under
Secretary of Defense for Acquisition, Technology, and Logistics
shall assess the feasibility of consolidating various
technology transition accounts into a unified effort managed by
a senior official of the Department of Defense.
(2) OSD programs included.--Such assessment shall include,
but shall not be limited to, the following programs within the
Office of the Secretary of Defense: Technology Transition
Initiative, Foreign Comparative Test, Defense Acquisition
Challenge Program, Quick Reaction Fund, Manufacturing
Technology, Joint Capability Technology Demonstrations, Defense
Technology Link, Joint Capability Technology Demonstration
Transition Program, Defense Acquisition Executive, Rapid
Reaction Fund, and Operational Experimentation Division.
(3) Military department programs included.--Such assessment
shall also include, as appropriate, the technology transition
initiatives of the military departments.
(b) Initiative Requirement Repealed.--
(1) In general.--Section 2359a of title 10, United States
Code, is amended--
(A) by amending the section heading to read as
follows:
``Sec. 2359a. Technology Transition Council'';
(B) by striking subsections (a), (b), (c), (d),
(e), (f), and (h); and
(C) by redesignating subsections (g) and (i) as (a)
and (b), respectively.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 139 of title 10, United States Code, is
amended by striking the item relating to section 2359a and
inserting the following new item:

``2359a. Technology Transition Council.''.

SEC. 235. TRUSTED DEFENSE SYSTEMS.

(a) Assessment Required.--The Secretary of Defense shall conduct a
comprehensive assessment of covered acquisition programs to identify
vulnerabilities in the supply chain of each program's information
processing systems that potentially compromise the level of trust in
such systems. Such assessment shall also--
(1) assess vulnerabilities at multiple levels of the
information processing system, including but not limited to,
microcircuits, software, and firmware;
(2) prioritize the potential vulnerabilities and impacts of
the various elements and stages of the system supply chain to
identify the most effective balance of investments to minimize
the effects of compromise;
(3) provide recommendations regarding ways to improve trust
in the supply chain for covered acquisition programs; and
(4) identify the appropriate lead, and supporting elements,
within the Department of Defense for the development of an
integrated strategy for ensuring trust in the supply chain for
acquisition programs.
(b) Strategy Required.--The lead identified pursuant to subsection
(a)(4), in cooperation with the supporting elements also identified by
the Secretary of Defense, shall develop an integrated strategy for
ensuring trust in the supply chain for acquisition programs. Such
strategy shall--
(1) address the vulnerabilities identified by the
Secretary's assessment under subsection (a);
(2) reflect the priorities identified by such assessment;
(3) be executable by the defense acquisition community; and
(4) be sufficiently specific to provide guidance for the
planning, programming, budgeting, and execution process in
order to ensure acquisition programs have the necessary
resources to implement all appropriate elements of the
strategy.
(c) Interim Policy for Application Specific Integrated Circuits.--
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall issue a policy requiring covered trusted
systems to employ only trusted foundry services to fabricate their
custom designed integrated circuits.
(d) Submission to Congress.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees--
(1) the assessment required by subsection (a); and
(2) the strategy required by subsection (b).
(e) Definitions.--In this section:
(1) The term ``covered acquisition programs'' means a
Department of Defense acquisition program that is a major
system for purposes of section 2302(5) of title 10, United
States Code, and--
(A) has not yet entered low-rate initial
production, as defined in section 2400 of title 10,
United States Code; or
(B) is currently in production or no longer in
production, and information processing system upgrades
are still planned over the life cycle of the system.
(2) The terms ``trust'' and ``trusted'' refer to the high
confidence by the Department of Defense in the national ability
to secure national security systems by assessing the integrity
of the people and processes used to design, generate,
manufacture, and distribute national security critical
components.
(3) The term ``covered trusted systems'' means--
(A) all Mission Assurance Category I systems, as
defined in Department of Defense Directive 8500.01E and
associated Department of Defense Instruction 8500.2;
and
(B) any other system identified by the Secretary of
Defense as a system--
(i) that is vital to mission effectiveness
or operational readiness of deployed or
contingency forces;
(ii) the loss or degradation of which
results in immediate and sustained loss of
mission effectiveness;
(iii) that is highly accurate and highly
available; and
(iv) for which the most stringent
protection measures are required.
(4) The term ``trusted foundry services'' means the program
co-funded by the National Security Agency and the Department of
Defense, through program element 0605140D8Z, or any such
similar program approved by the Secretary of Defense.

SEC. 236. LIMITATION ON OBLIGATION OF FUNDS FOR ENHANCED AN/TPQ-36
RADAR SYSTEM PENDING SUBMISSION OF REPORT.

Of the amounts appropriated pursuant to section 201(1) of this Act
or otherwise made available for fiscal year 2009 for research,
development, test, and evaluation, Army, for the Enhanced AN/TPQ-36
radar system, not more than 70 percent of the amounts remaining
unobligated as of the date of the enactment of this Act may be
obligated until the Secretary of the Army submits to the congressional
defense committees a report describing the plan to transition the
Counter-Rockets, Artillery, and Mortars program to a program of record.

SEC. 237. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A JOINT APPROACH FOR
FUTURE DEVELOPMENT OF VERTICAL LIFT AIRCRAFT AND
ROTORCRAFT.

(a) Assessment Required.--The Secretary of Defense and the Chairman
of the Joint Chiefs of Staff shall carry out a capabilities-based
assessment that outlines a joint approach to the future development of
vertical lift aircraft and rotorcraft for all of the military services.
The assessment shall--
(1) address critical technologies required for future
development, including a technology roadmap;
(2) include the development of a strategic plan that--
(A) formalizes the Department of Defense's
strategic vision for the next generation of Department
of Defense vertical lift aircraft and rotorcraft;
(B) establishes joint requirements for the next
generation of Department of Defense vertical lift
aircraft and rotorcraft technology; and
(C) emphasizes the development of common service
requirements; and
(3) include the development of a detailed science and
technology investment and implementation plan and an
identification of the resources required to implement it.
(b) Report.--The Secretary and the Chairman shall submit to the
congressional defense committees a report on the assessment under
subsection (a). The report shall include--
(1) the technology roadmap referred to in subsection
(a)(1);
(2) the strategic plan referred to in subsection (a)(2);
(3) the plan and the identification of resources referred
to in subsection (a)(3); and
(4) a detailed plan to establish a Joint Vertical Lift
Aircraft/Rotorcraft Office based on lessons learned from the
Joint Advanced Strike Technology (JAST) Office.

SEC. 238. AVAILABILITY OF FUNDS FOR PROMPT GLOBAL STRIKE CAPABILITY
DEVELOPMENT.

(a) In General.--Notwithstanding any other provision of this Act,
funds for conventional prompt global strike capability development are
authorized by this Act only for those activities expressly delineated
in the expenditure plan for fiscal years 2008 and 2009 that was
required by section 243 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 51; 10 U.S.C. 113 note)
and submitted to the congressional defense committees and dated March
24, 2008, or those activities otherwise expressly authorized by
Congress.
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees, concurrently with the President's
budget request for fiscal year 2010, a report that describes each
conventional prompt global strike concept that--
(1) has been, or will be, affected by the technology
applications developed pursuant to conventional prompt global
strike activities within fiscal year 2009; and
(2) will be considered within the context of any
conventional prompt global strike concept decision in fiscal
year 2010.

SEC. 239. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP PROGRAM.

(a) Requirement to Establish.--The Secretary of Defense may
establish a program to be known as the Visiting NIH Senior Neuroscience
Fellowship Program (in this section referred to as the ``Program'') at
the Defense Advanced Research Projects Agency (DARPA) and the Defense
Center of Excellence for Psychological Health and Traumatic Brain
Injury (DCoE).
(b) Activities of the Program.--The Program may--
(1) provide a partnership between the National Institutes
of Health (NIH) and DARPA that will enable identification and
funding of the broadest range of innovative, highest quality
clinical and experimental neuroscience studies for the benefit
of men and women in the Armed Forces;
(2) provide a partnership between the NIH and the DCoE that
will enable identification and funding of clinical and
experimental neuroscience studies for the benefit of men and
women in the Armed Forces;
(3) provide a technology transfer mechanism whereby the
results of such studies can, where appropriate, be used to
enhance the health mission of the NIH for the benefit of the
public; and
(4) provide a military/civilian collaborative environment
for neuroscience-based medical problem-solving in critical
areas impacting both military and civilian life, particularly
post-traumatic stress disorder.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2009
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, $31,788,395,000.
(2) For the Navy, $34,870,098,000.
(3) For the Marine Corps, $5,680,054,000.
(4) For the Air Force, $35,060,427,000.
(5) For Defense-wide activities, $25,806,657,000.
(6) For the Army Reserve, $2,659,141,000.
(7) For the Naval Reserve, $1,311,085,000.
(8) For the Marine Corps Reserve, $213,131,000.
(9) For the Air Force Reserve, $3,202,892,000.
(10) For the Army National Guard, $5,900,346,000.
(11) For the Air National Guard, $5,929,576,000.
(12) For the United States Court of Appeals for the Armed
Forces, $13,254,000.
(13) For Environmental Restoration, Army, $447,776,000.
(14) For Environmental Restoration, Navy, $290,819,000.
(15) For Environmental Restoration, Air Force,
$496,277,000.
(16) For Environmental Restoration, Defense-wide,
$13,175,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $257,796,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $83,273,000.
(19) For Cooperative Threat Reduction programs,
$445,135,000.
(20) For the Overseas Contingency Operations Transfer Fund,
$9,101,000.

Subtitle B--Environmental Provisions

SEC. 311. AUTHORIZATION FOR DEPARTMENT OF DEFENSE PARTICIPATION IN
CONSERVATION BANKING PROGRAMS.

(a) Participation Authorized.--Chapter 159 of title 10, United
States Code, is amended by inserting after section 2694b the following
new section:
``Sec. 2694c. Participation in conservation banking programs
``(a) Authority to Participate.--Subject to the availability of
appropriated funds to carry out this section, the Secretary concerned,
when engaged or proposing to engage in an activity described in
subsection (b) that may or will result in an adverse impact to one or
more species protected (or pending protection) under any applicable
provision of law, or habitat for such species, may make payments to a
conservation banking program or `in-lieu-fee' mitigation sponsor
approved in accordance with--
``(1) the Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28,
1995);
``(2) the Guidance for the Establishment, Use, and
Operation of Conservation Banks (68 Fed. Reg. 24753; May 2,
2003);
``(3) the Federal Guidance on the Use of In-Lieu-Fee
Arrangements for Compensatory Mitigation Under Section 404 of
the Clean Water Act and Section 10 of the Rivers and Harbors
Act (65 Fed. Reg. 66915; November 7, 2000); or
``(4) any successor or related administrative guidance or
regulation.
``(b) Covered Activities.--Payments to a conservation banking
program or `in-lieu-fee' mitigation sponsor under subsection (a) may be
made only for the purpose of facilitating one or more of the following
activities:
``(1) Military testing, operations, training, or other
military activity.
``(2) Military construction.
``(c) Treatment of Amounts for Conservation Banking.--Payments made
under subsection (a) to a conservation banking program or `in-lieu-fee'
mitigation sponsor for the purpose of facilitating military
construction may be treated as eligible costs of the military
construction project.
``(d) Secretary Concerned Defined.--In this section, the term
`Secretary concerned' means--
``(1) the Secretary of a military department; and
``(2) the Secretary of Defense with respect to a Defense
Agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2694b the following new item:

``2694c. Participation in conservation banking programs.''.
(c) Effective Date.--Section 2694c of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 2008, and
only funds appropriated for fiscal years beginning after September 30,
2008, may be used to carry out such section.

SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND
SITE, MOSES LAKE, WASHINGTON.

(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b) and notwithstanding section 2215 of title 10, United States
Code, the Secretary of Defense may transfer not more than
$64,049.40 during fiscal year 2009 to the Moses Lake Wellfield
Superfund Site 10-6J Special Account.
(2) Purpose of reimbursement.--The payment under paragraph
(1) is to reimburse the Environmental Protection Agency for its
costs incurred in overseeing a remedial investigation/
feasibility study performed by the Department of the Army under
the Defense Environmental Restoration Program at the former
Larson Air Force Base, Moses Lake Superfund Site, Moses Lake,
Washington.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is provided for in the interagency agreement
entered into by the Department of the Army and the
Environmental Protection Agency for the Moses Lake Wellfield
Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by section 301(17) for
operation and maintenance for Environmental Restoration, Formerly Used
Defense Sites.
(c) Use of Funds.--The Environmental Protection Agency shall use
the amount transferred under subsection (a) to pay costs incurred by
the Agency at the Moses Lake Wellfield Superfund Site.

SEC. 313. EXPAND COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF
NATURAL RESOURCES TO INCLUDE OFF-INSTALLATION MITIGATION.

Section 103a(a) of the Sikes Act (16 U.S.C. 670c-1(a)) is amended--
(1) by striking ``to provide for the'' and inserting ``to
provide for the following:
``(1) The''; and
(2) by adding at the end the following new paragraph:
``(2) The maintenance and improvement of natural resources
located off of a Department of Defense installation if the
purpose of the cooperative agreement is to relieve or eliminate
current or anticipated challenges that could restrict, impede,
or otherwise interfere with, whether directly or indirectly,
current or anticipated military activities.''.

SEC. 314. DETECTION INSTRUMENT TECHNOLOGY RESEARCH AND DEPLOYMENT OF
RESULTING DETECTION INSTRUMENTS AND TECHNOLOGICAL
IMPROVEMENTS.

(a) Research Required.--The Secretary of Defense shall--
(1) make the research, development, testing, and evaluation
of technology related to unexploded ordnance detection a
priority; and
(2) accelerate the transition of promising detection
instrument technology across the Department of Defense.
(b) Deployment and Training.--The Secretary shall facilitate the
deployment of unexploded ordnance detection instrument technology
developed through research funded by the Department of Defense or
developed by entities other than the Department of Defense. The
Secretary may consider allocating a portion of the amount appropriated
for such research and development activities to assist in the training
of operators of unexploded ordnance detection instruments on the use of
new detection instruments.
(c) Report.--Not later than February 1, 2009, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report
describing and evaluating the following:
(1) The amounts allocated for research, development, test,
and evaluation for unexploded ordnance detection technologies.
(2) The amounts allocated for transition of new unexploded
ordnance technologies.
(3) Activities undertaken by the Department to transition
such technologies and train operators on emerging detection
instrument technologies.
(4) Any impediments to the transition of new unexploded
ordnance detection instrument technologies to regular operation
in remediation programs.
(5) The transfer of such technologies to private companies
involved in the detection of unexploded ordnance.
(6) Activities undertaken by the Department to raise public
awareness regarding unexploded ordnance.
(d) Unexploded Ordnance Defined.--In this section, the term
``unexploded ordnance'' has the meaning given such term in section
101(e)(5) of title 10, United States Code.

SEC. 315. CLOSED LOOP RECYCLING FOR MOTOR VEHICLE LUBRICATING OIL.

(a) Study and Evaluation.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report which reviews the Department of Defense's policies
concerning the sale and disposal of used motor vehicle lubricating oil,
and shall include in the report an evaluation of the feasibility and
desirability of implementing policies to require closed loop recycling
of used oil as a means of reducing total indirect energy usage and
greenhouse gas emissions.
(b) Implementation.--To the extent that the evaluation included in
the report submitted under subsection (a) indicates that closed loop
recycling of used motor vehicle lubricating oil can reduce total
indirect energy usage and greenhouse gas emissions without significant
increase in overall cost to the Department of Defense, the Secretary
shall implement policies to require closed loop recycling of used oil
whenever feasible.
(c) Definition.-- For purposes of this section, the term ``closed
loop recycling'' means the sale of used oil to entities that re-refine
used oil into base oil and vehicle lubricants that meet Department of
Defense and industry standards, and the purchase of re-refined oil
produced through such re-refining process.

Subtitle C--Workplace and Depot Issues

SEC. 321. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE COMPETITIONS.

(a) Time Limitation.--Section 2461(a) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(5)(A) The duration of a public-private competition conducted
pursuant to Office of Management and Budget Circular A-76 or any other
provision of law for any function of the Department of Defense
performed by Department of Defense civilian employees may not exceed a
period of 540 days, commencing on the date on which the preliminary
planning for the public-private competition begins through the date on
which a performance decision is rendered with respect to the function.
``(B) The time period specified in subparagraph (A) for a public-
private competition does not include any day during which the public-
private competition is delayed by reason of a protest before the
Government Accountability Office or the United States Court of Federal
Claims unless the Secretary of Defense determines that the delay is
caused by issues being raised during the appellate process that were
not previously raised during the competition.''.
(b) Effective Date.--Paragraph (5) of section 2461(a) of title 10,
United States Code, as added by subsection (a), shall apply with
respect to a public-private competition covered by such section that is
being conducted on or after the date of the enactment of this Act.

SEC. 322. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE GOVERNMENT-
WIDE DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION.

(a) Development and Implementation of Definition of Inherently
Governmental Function.--The Director of the Office of Management and
Budget, in consultation with appropriate representatives of the Chief
Acquisition Officers Council under section 16A of the Office of Federal
Procurement Policy Act (41 U.S.C. 414b) and the Chief Human Capital
Council under section 1401 of title 5, United States Code, shall--
(1) review the definitions of the term ``inherently
governmental function'' described in subsection (b) to
determine whether such definitions are sufficiently focused to
ensure that only officers or employees of the Federal
Government or members of the Armed Forces perform inherently
governmental functions or other critical functions necessary
for the mission of a Federal department or agency;
(2) develop a single consistent definition for such term
that would--
(A) address any deficiencies in the existing
definitions, as determined pursuant to paragraph (1);
(B) reasonably apply to all Federal departments and
agencies;
(C) ensure that the head of each such department or
agency is able to identify each position within that
department or agency that exercises an inherently
governmental function and should only be performed by
officers or employees of the Federal Government or
members of the Armed Forces; and
(D) allow the head of each such department or
agency to identify each position within that department
or agency that, while the position may not exercise an
inherently governmental function, nevertheless should
only be performed by officers or employees of the
Federal Government or members of the Armed Forces;
(3) in addition to the actions described under paragraphs
(1) and (2), provide criteria that would identify positions
within Federal departments and agencies that are to be
performed by officers or employees of the Federal Government or
members of the Armed Forces to ensure that the head of each
Federal department or agency--
(A) develops and maintains sufficient organic
expertise and technical capability;
(B) develops guidance to implement the definition
of inherently governmental as described in paragraph
(2) in a manner that is consistent with agency missions
and operational goals; and
(C) develops guidance to manage internal decisions
regarding staffing in an integrated manner to ensure
officers or employees of the Federal Government or
members of the Armed Forces are filling critical
management roles by identifying--
(i) functions, activities, or positions, or
some combination thereof, or
(ii) additional mechanisms;
(4) in undertaking the actions described in paragraphs (1)
and (2), take into account the final recommendations and
related findings concerning performance of inherently
governmental functions in the Final Report of the Acquisition
Advisory Panel established pursuant to section 1423 of the
Services Acquisition Reform Act of 2003 (title XIV of Public
Law 108-136; 41 U.S.C. 405 note) and any other relevant reports
or documents; and
(5) solicit the views of the public regarding the matters
identified in this section.
(b) Definitions of Inherently Governmental Function.--The
definitions of inherently governmental function described in this
subsection are the definitions of such term that are contained in--
(1) the Federal Activities Inventory Reform Act of 1998
(Public Law 105-270; 31 U.S.C. 501 note);
(2) section 2383 of title 10, United States Code;
(3) Office of Management and Budget Circular A-76;
(4) the Federal Acquisition Regulation; and
(5) any other relevant Federal law or regulation, as
determined by the Director of the Office of Management and
Budget in consultation with the Chief Acquisition Officers
Council and the Chief Human Capital Council.
(c) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Chief Acquisition Officers Council and
the Chief Human Capital Council, shall submit to the Committees on
Armed Services of the Senate and House of Representatives, the
Committee on Homeland Security and Governmental Affairs in the Senate,
and the Committee on Oversight and Government Reform of the House of
Representatives a report on the actions taken by the Director under
this section. Such report shall contain each of the following:
(1) A description of the actions taken by the Director
under this section to develop a single definition of inherently
governmental function.
(2) Such legislative recommendations as the Director
determines are necessary to further the purposes of this
section.
(3) A description of such steps as may be necessary--
(A) to ensure that the single definition developed
under this section is consistently applied through all
Federal regulations, circulars, policy letters, agency
guidance, and other documents;
(B) to repeal any existing Federal regulations,
circular, policy letters, agency guidance and other
documents determined to be superseded by the definition
developed under this section; and
(C) to develop any necessary implementing guidance
under this section for agency staffing and contracting
decisions, along with appropriate milestones.
(d) Regulations.--Not later than 180 days after submission of the
report required by subsection (c), the Director of the Office of
Management and Budget shall issue regulations to implement actions
taken under this section to develop a single definition of inherently
governmental function.

SEC. 323. STUDY ON FUTURE DEPOT CAPABILITY.

(a) Study Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into a
contract with an independent research entity that is a not-for-profit
entity or a federally-funded research and development center with
appropriate expertise in logistics and logistics analytical capability
to carry out a study on the capability and efficiency of the depots of
the Department of Defense to provide the logistics capabilities and
capacity necessary for national defense.
(b) Contents of Study.--The study carried out under subsection (a)
shall--
(1) be a quantitative analysis of the post-reset Department
of Defense depot capability required to provide life cycle
sustainment of military legacy systems and new systems and
military equipment;
(2) take into consideration direct input from the Secretary
of Defense and the logistics and acquisition leadership of the
military departments, including materiel support and depot
commanders;
(3) take into consideration input from regular and reserve
components of the Armed Forces, both with respect to
requirements for sustainment-level maintenance and the
capability and capacity to perform depot-level maintenance and
repair;
(4) identify and address each type of activity carried out
at depots, installation directorates of logistics, regional
sustainment-level maintenance sites, reserve component
maintenance capability sites, theater equipment support
centers, and Army field support brigade capabilities;
(5) examine relevant guidance provided and regulations
prescribed by the Secretary of Defense and the Secretary of
each of the military departments, including with respect to
programming and budgeting; and
(6) examine any relevant applicable laws, including the
relevant body of work performed by the Government
Accountability Office.
(c) Issues to Be Addressed.--The study required under subsection
(a) shall address each of the following issues with respect to depots
and depot capabilities:
(1) The life cycle sustainment maintenance strategies and
implementation plans of the Department of Defense and the
military departments that cover--
(A) the role of each type of maintenance activity;
(B) business operations;
(C) workload projection;
(D) outcome-based performance management
objectives;
(E) the adequacy of information technology systems,
including workload management systems;
(F) the workforce, including skills required and
development;
(G) budget and fiscal planning policies; and
(H) capital investment strategies, including the
implementation of section 2476 of title 10, United
States Code.
(2) Current and future maintenance environments,
including--
(A) performance-based logistics;
(B) supply chain management;
(C) condition-based maintenance;
(D) reliability-based maintenance;
(E) consolidation and centralization, including--
(i) regionalization;
(ii) two-level maintenance; and
(iii) forward-based depot capacity;
(F) public-private partnerships;
(G) private-sector depot capability and capacity;
and
(H) the impact of proprietary technical
documentation.
(d) Availability of Information.--The Secretary of Defense and the
Secretaries of each of the military departments shall make available to
the entity carrying out the study under subsection (a) all necessary
and relevant information to allow the entity to conduct the study in a
quantitative and analytical manner.
(e) Reports to Committees on Armed Services.--
(1) Interim report.--The contract that the Secretary enters
into under subsection (a) shall provide that not later than one
year after the commencement of the study conducted under this
section, the chief executive officer of the entity that carries
out the study pursuant to the contract shall submit to the
Committees on Armed Services of the Senate and House of
Representatives an interim report on the study.
(2) Final report.--Such contract shall provide that not
later than 22 months after the date on which the Secretary of
Defense enters into the contract under subsection (a), the
chief executive officer of the entity that carries out the
study pursuant to the contract shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
final report on the study. The report shall include each of the
following:
(A) A description of the depot maintenance
environment, as of the date of the conclusion of the
study, and the anticipated future environment, together
with the quantitative data used in conducting the
assessment of such environments under the study.
(B) Recommendations with respect to what would be
required to maintain, in a post-reset environment, an
efficient and enduring Department of Defense depot
capability necessary for national defense.
(C) Recommendations with respect to any changes to
any applicable law that would be appropriate for a
post-reset depot maintenance environment.
(D) Recommendations with respect to the methodology
of the Department of Defense for determining core
logistics requirements, including an assessment of
risk.
(E) Proposed business rules that would provide
incentives for the Secretary of Defense and the
Secretaries of the military departments to keep
Department of Defense depots efficient and cost
effective, including the workload level required for
efficiency.
(F) A proposed strategy for enabling, requiring,
and monitoring the ability of the Department of Defense
depots to produce performance-driven outcomes and meet
materiel readiness goals with respect to availability,
reliability, total ownership cost, and repair cycle
time.
(G) Comments provided by the Secretary of Defense
and the Secretaries of the military departments on the
findings and recommendations of the study.
(f) Comptroller General Review.--Not later than 90 days after the
date on which the report under subsection (d) is submitted, the
Comptroller General shall review the report and submit to the
Committees on Armed Services of the Senate and House of Representatives
an assessment of the feasibility of the recommendations and whether the
findings are supported by the data and information examined.
(g) Definitions.--In this section:
(1) The term ``depot-level maintenance and repair'' has the
meaning given that term under section 2460 of title 10, United
States Code.
(2) The term ``reset'' means actions taken to repair,
enhance, or replace military equipment used in support of
operations underway as of the date of the enactment of this Act
and associated sustainment.
(3) The term ``military equipment'' includes all weapon
systems, weapon platforms, vehicles and munitions of the
Department of Defense, and the components of such items.

SEC. 324. HIGH-PERFORMING ORGANIZATION BUSINESS PROCESS REENGINEERING.

(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 129c the following new section:
``Sec. 129d. High-performing organizations
``(a) Guidelines for Establishment of High-Performing
Organizations.--The Secretary of Defense shall develop guidelines for
the establishment of a high-performing organization conducted through a
business process reengineering initiative. The guidelines shall ensure
consideration and assessment of the following:
``(1) Number of employees to be affected by the initiative.
``(2) Resources needed to conduct the initiative.
``(3) Location where the initiative will be performed, and
the location of the affected employees if different from the
initiative location.
``(4) Functions to be included in the initiative.
``(5) Timeline for implementation of the initiative.
``(6) Estimated duration of the initiative if such
initiative is deemed to be temporary.
``(b) Restriction on High-Performing Organizations.--The Secretary
of Defense, with respect to matters concerning the Defense Agencies,
and the Secretary of a military department, may not begin
implementation of a business process reengineering initiative to
establish a high performing organization until--
``(1) the Secretary submits to Congress the notification
required by subsection (d); and
``(2) the requirements of paragraphs (2) and (3) of section
7106(b) of title 5 are complied with.
``(c) Certain Initiatives Prohibited.--The Secretary of Defense, or
the Secretary of a military department, may not implement a high-
performing organization if--
``(1) it were to result in a change of the collective
bargaining status of an employee in the Department of Defense
or in the representation status of a labor organization with
exclusive representation status, as provided in section 7114 of
title 5; or
``(2) any planned reductions in staffing are based on cost
savings assumptions that are unrelated to the establishment of
the high performing organization.
``(d) Congressional Notification.--Forty-five days before
commencing a high-performing organization under subsection (a), the
Secretary of Defense or the Secretary of the military department
concerned shall submit to Congress a notification describing the
assessment required by subsection (a).
``(e) Annual Evaluation.--The Secretary of Defense or the Secretary
of the military department concerned shall conduct annual performance
reviews of the participating organizations or functions under the
jurisdiction of the Secretary. The reviews shall be submitted to
Congress. Each review shall evaluate the performance of the high
performance organization in the following areas;
``(1) Costs, savings, and overall financial performance of
the organization.
``(2) Organic knowledge, skills or expertise.
``(3) Efficiency and effectiveness of key functions or
processes.
``(4) Efficiency and effectiveness of the overall
organization.
``(f) Definitions.--In this section,
``(1) The term `high-performing organization' means an
organization whose performance exceeds that of comparable
providers, whether public or private.
``(2) The term `business process reengineering initiative'
means an approach to reinvent or consolidate functions whether
they are inherently governmental, military essential, or
commercial activities, or a reorganization that is undertaken
at the direction of the Office of Management and Budget.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
129c the following new item:

``129d. High-performing organizations.''.

SEC. 325. TEMPORARY SUSPENSION OF STUDIES AND PUBLIC-PRIVATE
COMPETITIONS REGARDING CONVERSION OF FUNCTIONS OF THE
DEPARTMENT OF DEFENSE PERFORMED BY CIVILIAN EMPLOYEES TO
CONTRACTOR PERFORMANCE.

(a) Findings.--Congress finds the following:
(1) The turbulence caused by the efforts of the Department
of Defense to increase the size of the Armed Forces, implement
the decisions of the 2005 round of base realignments and
closures, and execute transformational initiatives, combined
with the strain on the Armed Forces due to ongoing contingency
operations, could impede sound decisions regarding the
conversion to contractor performance of functions of the
Department of Defense performed by civilian employees.
(2) Public-private competitions may unnecessarily divert
Department of Defense personnel and resources away from
operational obligations.
(3) The Secretary of Defense needs to ensure that readiness
is fully supported.
(b) Suspension.--During the period beginning on the date of the
enactment of this Act and ending on September 30, 2011, no study or
public-private competition regarding the conversion to contractor
performance of any function of the Department of Defense performed by
civilian employees may be begun or announced pursuant to section 2461
of title 10, United States Code, or otherwise pursuant to Office of
Management and Budget Circular A-76.

SEC. 326. CONSOLIDATION OF AIR FORCE AND AIR NATIONAL GUARD AIRCRAFT
MAINTENANCE.

(a) Role of National Guard Bureau.--The Secretary of the Air Force
shall not implement the consolidation of aircraft repair facilities and
personnel of the active Air Force with aircraft repair facilities and
personnel of the Air National Guard or the consolidation of aircraft
repair facilities and personnel of the Air National Guard with aircraft
repair facilities and personnel of the active Air Force until the
Secretary consults with, and obtains the consent of, the National Guard
Bureau.
(b) Report on Criteria.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of the Air Force shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report stating all the criteria being used by the
Department of the Air Force and the Rand Corporation to evaluate the
feasibility of consolidating Air Force maintenance functions into
organizations that would integrate active, Guard, and Reserve
components into a total-force approach. The report shall include the
assumptions that were provided to or developed by the Rand Corporation
for their study of the feasibility of the consolidation proposal.
(c) Report on Feasibility Study.--At least 90 days before any
consolidation actions, the Secretary of the Air Force shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the findings of the Rand Corporation
feasibility study and the Rand Corporation's recommendations, the Air
Force's assessment of the findings and recommendations, any plans
developed for implementation of the consolidation, and a delineation of
all infrastructure costs anticipated as a result of implementation.

SEC. 327. GUIDANCE FOR PERFORMANCE OF CIVILIAN PERSONNEL WORK UNDER AIR
FORCE CIVILIAN PERSONNEL CONSOLIDATION PLAN.

(a) Guidance for Civilian Personnel Management Consolidation.--In
determining which, if any, civilian personnel management functions may
appropriately be consolidated under one command or in a central or
regional location, the Secretary of the Air Force shall be guided by
the anticipated positive or negative impact upon the productivity of
the managed workforces at different commands and the consequently
anticipated positive or negative impact upon mission accomplishment at
the different commands. This analysis shall be customized for each
affected command, taking into account such factors as the size and
complexity of the civilian workforce and the extent to which mission
accomplishment is dependent upon the productivity of the civilian
workforce. What functions are deemed ``transactional'' or
``nontransactional'' may vary for each affected command. In general,
more of the civilian personnel management functions for smaller, less
civilian dependent commands may be consolidated in a central or
regional location or command while fewer functions may be consolidated
from larger, more civilian dependent commands.
(b) Prohibition on Consolidation of Certain Functions.--For the
Large Civilian Centers, the Secretary of the Air Force will not
consolidate in a central or regional location or command at least the
following functions:
(1) Staffing positions filled through internal or external
recruitment processes.
(2) Development of position classifications or job
descriptions.
(3) Employee management relations, including performance
management programs, conduct or discipline programs and labor
management programs.
(4) Labor force planning and management, including internal
pay pool management and employee performance reviews.
(5) Managing workers compensation program pursuant to
chapter 81 of title 5, United States Code, or relevant State
workers' compensation programs.
(c) Large Civilian Center Defined.--In this section, the term
``Large Civilian Center'' refers to installations or commands with
operational missions primarily dependent upon the productivity of
civilian workforces typically numbering in the thousands and engaged in
program management, systems engineering, research or development,
logistics management, software management, management of existing
aircraft systems, and depot level maintenance. Such an installation or
command typically includes occupational series far in excess of those
assigned to other, more typical, Air Force installations or commands.

SEC. 328. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON AIR FORCE
BASES.

In an effort to ensure the Air Force is meeting the minimum safety
standards for staffing, equipment, and training as required by
Department of Defense Installation and Environment Instruction 6055.6,
the Secretary of the Air Force shall submit to Congress, not later than
90 days after the date of the enactment of this Act, a report on the
effect of the reduction in fire fighters on Air Force bases as a result
of PBD720. Such report shall include the following:
(1) An evaluation of current fire fighting capability and
whether the reduction has increased the risk of harm to either
fire fighters or those they may serve in response to an
emergency.
(2) An evaluation on whether there is adequate capability
within the surrounding municipal communities to support a base
aircraft rescue or respond to a fire involving a combat
aircraft, cargo aircraft or weapon system.
(4) An evaluation of the impact on certifications of the
base fire departments as a result of the reductions in fire
fighting personnel and or functions at the base.
(5) A plan to restore personnel needed to support the
mission should it be determined that personnel reductions
resulting from PBD720 have negatively impacted the ability to
perform their mission.

Subtitle D--Energy Security

SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY MANAGEMENT AND
IMPLEMENTATION OF OPERATIONAL ENERGY STRATEGY.

(a) Report Required.--Section 2925 of title 10, United States Code,
is amended by striking subsection (b) and inserting the following new
subsection:
``(b) Annual Report Related to Operational Energy.--(1)
Simultaneous with the annual report required by subsection (a), the
Secretary of Defense, acting through the Director of Operational Energy
Plans and Programs, shall submit to the congressional defense
committees a report on operational energy management and the
implementation of the operational energy strategy established pursuant
to section 139b of this title.
``(2) The annual report under this subsection shall address and
include the following:
``(A) Statistical information on operational energy
demands, in terms of expenditures and consumption, for the
preceding five fiscal years, including funding made available
in regular defense appropriations Acts and any supplemental
appropriation Acts.
``(B) An estimate of operational energy demands for the
current fiscal year and next fiscal year, including funding
requested to meet operational energy demands in the budget
submitted to Congress under section 1105 of title 31 and in any
supplemental requests.
``(C) A description of each initiative related to the
operational energy strategy and a summary of funds appropriated
for each initiative in the previous fiscal year and current
fiscal year and requested for each initiative for the next five
fiscal years.
``(D) An evaluation of progress made by the Department of
Defense--
``(i) in implementing the operational energy
strategy, including the progress of key initiatives and
technology investments related to operational energy
demand and management; and
``(ii) in meeting the operational energy goals set
forth in the strategy.
``(E) Such recommendations as the Director considers
appropriate for additional changes in organization or authority
within the Department of Defense to enable further
implementation of the energy strategy and such other comments
and recommendations as the Director considers appropriate.
``(3) If a report under this subsection is submitted in a
classified form, the Secretary shall concurrently submit to the
congressional defense committees an unclassified version of the
information required by this subsection.
``(4) In this subsection, the term `operational energy' means the
energy required for moving and sustaining military forces and weapons
platforms for military operations. The term includes energy used by
tactical power systems and generators and weapons platforms.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2925. Annual Department of Defense energy management reports''.
(2) Table of sections.--The table of sections at the
beginning of subchapter III of chapter 173 of such title is
amended by striking the item relating to section 2925 and
inserting the following new item:

``2925. Annual Department of Defense energy management reports.''.

SEC. 332. CONSIDERATION OF FUEL LOGISTICS SUPPORT REQUIREMENTS IN
PLANNING, REQUIREMENTS DEVELOPMENT, AND ACQUISITION
PROCESSES.

(a) Planning.--In the case of campaign analyses and force planning
processes that are used to establish capability requirements and inform
acquisition decisions, the Secretary of Defense shall require that
campaign analyses and force planning processes consider the
requirements for, and vulnerability of, fuel logistics and their
relationship to operational capability.
(b) Capability Requirements Development Process.--The Secretary of
Defense shall develop and implement a methodology to enable the
implementation of a fuel efficiency key performance parameter in the
requirements development process.
(c) Acquisition Process.--The Secretary of Defense shall require
that the life-cycle cost analysis for new capabilities include the
fully burdened cost of fuel during analysis of alternatives and
evaluation of alternatives and acquisition program design trades.
(d) Implementation Plan.--The Secretary of Defense shall prepare a
plan for implementing the requirements of this section. The plan shall
be completed not later than 180 days after the date of the enactment of
this Act and provide for implementation of the requirements not later
than three years after such date.
(e) Report.--Until the certification required by subsection (g) is
provided, the Secretary of Defense shall submit to the congressional
defense committees a report, not later than January 1 of each year,
describing progress made to implement the requirements of this section
during the preceding fiscal year.
(f) Fully Burdened Cost of Fuel Defined.--In this section, the term
``fully burdened cost of fuel'' means the commodity price for fuel plus
the total cost of all personnel and assets required to move and, when
necessary, protect the fuel from the point at which the fuel is
received from the commercial supplier to the point of use.
(g) Certification of Compliance.--As soon as practicable during the
three-year period beginning on the date of the enactment of this Act,
the Secretary of Defense shall certify to the congressional defense
committees that the Secretary has complied with the requirements of
this section. If the Secretary is unable to provide the certification,
the Secretary shall submit to the congressional defense committees at
the end of the three-year period a report containing--
(1) an explanation of the reasons why the requirements, or
portions of the requirements, have not been implemented; and
(2) a revised plan under subsection (d) to complete
implementation or a rationale regarding why portions of the
requirements cannot or should not be implemented.

SEC. 333. STUDY ON SOLAR ENERGY FOR USE AT FORWARD OPERATING LOCATIONS.

(a) Study Required.--The Secretary of Defense shall provide for a
study to examine the feasibility of using solar energy to provide
electricity at forward operating locations.
(b) Matters Examined.--The study shall examine, at a minimum, the
following:
(1) The potential for solar energy to reduce the fuel
supply needed to provide electricity at forward operating
locations and the extent to which such reduction will decrease
the risk of casualties by reducing the number of convoys needed
to supply fuel to forward operating locations.
(2) The cost of using solar energy to provide electricity.
(3) The potential savings of using solar energy to provide
electricity compared to current methods.
(4) The environmental benefits of using solar energy to
provide electricity instead of the current methods.
(5) The sustainability and operating requirements of solar
energy systems for providing electricity compared to current
methods.
(c) Report.--Not later than March 1, 2009, the Secretary shall
submit to the congressional defense committees a report on the results
of the study required by subsection (a).

SEC. 334. STUDY ON COAL-TO-LIQUID FUELS.

(a) Study Required.--The Secretary of Defense shall conduct a study
on alternatives to reduce the life cycle emissions of coal-to-liquid
fuels and potential uses of coal-to-liquid fuels to meet the
Department's mobility energy requirements.
(b) Matters Examines.--The study shall examine, at a minimum, the
following:
(1) The potential clean energy alternatives for powering
the conversion processes, including nuclear, solar, and wind
energies.
(2) The alternatives for reducing carbon emissions during
the conversion processes.
(3) The military utility of coal-to-liquid fuels for
military operations and for use by expeditionary forces
compared with the military utility and life cycle emissions of
mobile, in-theater synthetic fuel processes.
(c) Use of Federally Funded Research and Development Center.--The
Secretary of Defense shall select a federally funded research and
development center to perform the study required by subsection (a).
(d) Report.--Not later than March 1, 2009, the federally funded
research and development center shall submit to the congressional
defense committees and the Secretary of Defense a report on the results
of the study required by subsection (a).

SEC. 335. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

Section 526 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S.C. 17142) is amended--
(1) by striking ``No Federal agency'' and inserting ``(a)
Requirement.--Except as provided in subsection (b), no Federal
agency''; and
(2) by adding at the end the following:
``(b) Exception.--Subsection (a) does not prohibit a Federal agency
from entering into a contract to purchase a generally available fuel
that is not an alternative or synthetic fuel or predominantly produced
from a nonconventional petroleum source, if--
``(1) the contract does not specifically require the
contractor to provide an alternative or synthetic fuel or fuel
from a nonconventional petroleum source;
``(2) the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a nonconventional
petroleum source; and
``(3) the contract does not provide incentives for a
refinery upgrade or expansion to allow a refinery to use or
increase its use of fuel from a nonconventional petroleum
source.''.

SEC. 336. STUDY OF CONSIDERATION OF GREENHOUSE GAS EMISSIONS IN
ACQUISITION PROCESSES.

(a) Study.--The Secretary of Defense shall conduct a study to
develop procedures and methods to measure and consider greenhouse gas
emissions in the acquisition process, and shall include in the study an
examination of the following:
(1) The processes and methods which would need to be
developed and adopted to allow the Department of Defense to
consider greenhouse gas emissions in the planning, requirements
development, and acquisition processes.
(2) The internal and external data necessary to allow the
Department of Defense to consider greenhouse gas emissions in
the planning, requirements development, and acquisition
processes.
(3) A timetable for the implementation of such procedures
and methods in the acquisition process, as well as an estimate
of the costs associated with such implementation.
(4) Such other factors as the Secretary considers
appropriate with respect to the development and implementation
of such procedures and methods.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Congressional
defense committees a report on the results of the study conducted under
subsection (a).

Subtitle E--Reports

SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS OF ARMED FORCES.

(a) Report Required.--
(1) In general.--Not later than June 1, 2009, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the readiness of the regular and reserve components of the
Armed Forces. The report shall be unclassified but may contain
a classified annex.
(2) One or more reports.--In complying with the
requirements of this section, the Comptroller General may
submit a single report addressing all the elements specified in
subsection (b) or two or more reports addressing any
combination of such elements.
(b) Elements.--The elements specified in this subsection are the
following:
(1) An analysis of the readiness status, as of the date of
the enactment of this Act, of the regular and reserve
components of the Army and the Marine Corps, including any
significant changes in any trends with respect to such
components since 2001.
(2) An analysis of the readiness status, as of such date,
of the regular and reserve components of the Air Force and the
Navy, including a description of any major factors that affect
the ability of the Navy or Air Force to provide trained and
ready forces for ongoing operations and to meet overall
readiness goals.
(3) An analysis of the efforts of the Secretary of each
military department to address any major factors affecting the
readiness of the regular and reserve components under the
jurisdiction of that Secretary.

SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS OF NAVY AND AIR FORCE
PERSONNEL.

(a) Report Required.--At the same time as the budget for fiscal
year 2010 is submitted to Congress under section 1105(a) of title 31,
United States Code, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on--
(1) the plans of the Secretary of the Navy to improve the
combat skills of the members of the Navy; and
(2) the plans of the Secretary of the Air Force to improve
the combat skills of the members of the Air Force.
(b) Elements of Report.--The report required under subsection (a)
shall include each of the following:
(1) The criteria that the Secretary of the Air Force and
the Secretary of the Navy use to select permanent sites for
their Common Battlefield Airmen Training and Expeditionary
Combat Skills courses.
(2) An identification of the extent to which the Secretary
of the Navy and Secretary of the Air Force coordinated with
each other and with the Secretary of the Army and the
Commandant of the Marine Corps with respect to their plans to
expand combat skills training for members of the Navy and Air
Force, respectively, together with a complete list of bases or
locations that were considered as possible sites for the
coordinated training.
(3) The estimated implementation and sustainment costs for
the Air Force Common Battlefield Airmen Training and Navy
Expeditionary Combat Skills courses.
(4) The estimated cost savings, if any, which could result
by carrying out such combat skills training at existing
Department of Defense facilities or by using existing ground
combat training resources.

SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE OF THE ARMY RESERVE AND
NATIONAL GUARD AS AN OPERATIONAL RESERVE.

(a) Report Required.--Not later than June 1, 2009, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the use of the Army Reserve
and National Guard forces as an operational reserve.
(b) Elements.--The report required by subsection (a) shall include
a description of current and programmed resources, force structure, and
organizational challenges that the Army Reserve and National Guard
forces may face serving as an operational reserve, including--
(1) equipment availability, maintenance, and logistics
issues;
(2) manning and force structure;
(3) training constraints limiting--
(A) facilities and ranges;
(B) access to military schools and skill training;
and
(C) access to the Combat Training Centers; and
(4) any conflicts with requirements under title 32, United
States Code.

SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BETWEEN PREPARATION AND
USE OF ARMY RESERVE COMPONENT FORCES TO SUPPORT ONGOING
OPERATIONS.

(a) Report Required.--Not later than June 1, 2009, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the link between the
preparation and operational use of the Army's reserve component forces.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an analysis of the Army's ability to train and employ
reserve component units--
(A) to execute the wartime or primary missions for
which the units are designed; and
(B) for non-traditional missions to which such
units are assigned, as of the date of the enactment of
this Act, in support of ongoing operations, including
factors affecting unit or individual preparation, the
effect of notification timelines, and access to
training facilities, including the National Training
Center and the Joint Readiness Training Center; and
(2) an analysis of the effect of mobilization and
deployment laws, goals, and policies on the Army's ability to
train and employ reserve component units for the purposes
described in paragraph (1).

SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY OF FUNDING, STAFFING,
AND ORGANIZATION OF DEPARTMENT OF DEFENSE MILITARY
MUNITIONS RESPONSE PROGRAM.

(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the adequacy of the funding, staffing, and organization of
the Military Munitions Response Program of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an analysis of the funding, staffing, and organization
of the Military Munitions Response Program; and
(2) an assessment of the Program mechanisms for the
accountability, reporting, and monitoring of the progress of
munitions response projects and methods to reduce the length of
time of such projects.

SEC. 346. REPORT ON OPTIONS FOR PROVIDING REPAIR CAPABILITIES TO
SUPPORT SHIPS OPERATING NEAR GUAM.

(a) Report Required.--Not later than March 1, 2009, the Secretary
of the Navy shall submit to the committees on Armed Services of the
Senate and House of Representatives a report on the best option or
combination of options for providing voyage repair capabilities to
support all United States Navy ships operating at or near Guam.
(b) Contents of Report.--The report required under subsection (a)
shall include each of the following:
(1) The Secretary's estimate, based on the quantitative
data determined to be most appropriate by the Secretary, of the
requirements for voyage repairs for all United States Navy
vessels operating at or near Guam, including--
(A) such requirements for ships operated by the
Military Sealift Command; and
(B) such requirements for United States Navy
vessels for which the designated homeport of the vessel
is anticipated to become Guam as a result of the
realignment of the Armed Forces from Okinawa, Japan, to
Guam.
(2) The recommendations of the Secretary for ensuring that
adequate voyage repair capabilities are available for all
United States Navy ships operating at or near Guam and an
estimate of the amount of time required to implement such
capabilities.
(3) The Secretary's assessment of the benefits and
limitations of each option for providing voyage repairs to all
United States Navy ships operating at or near Guam and of the
anticipated costs and strategic and operational risks
associated with each such option.
(4) A plan and schedule for implementing a course of action
to ensure that the required ship repair capability is available
by not later than October 31, 2012.

Subtitle F--Other Matters

SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN REPORTING
REQUIREMENT.

Section 2222(i) of title 10, United States Code, is amended by
striking ``2009'' and inserting ``2013''.

SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EXCHANGED DOCUMENTS,
HISTORICAL ARTIFACTS, AND CONDEMNED OR OBSOLETE COMBAT
MATERIEL.

Section 2572(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``The Secretary concerned shall ensure that an
item authorized to be donated under this section is
demilitarized, as determined necessary by the Secretary or the
Secretary's delegee, to the extent necessary to render the item
unserviceable in the interest of public safety.''; and
(2) in paragraph (2)(A), by inserting before the period at
the end the following: ``, including any expense associated
with demilitarizing an item under paragraph (1), for which the
recipient of the item shall be responsible''.

SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF AIR FORCE PROVIDE
TRAINING AND SUPPORT TO OTHER MILITARY DEPARTMENTS FOR A-
10 AIRCRAFT.

(a) Repeal.--Chapter 901 of title 10, United States Code, is
amended by striking section 9316.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 9316.

SEC. 354. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR AIR SOVEREIGNTY
ALERT MISSION.

(a) Submission With Annual Budget Justification Documents.--For
fiscal year 2010 and each subsequent fiscal year, the Secretary of
Defense shall submit to the President, for consideration by the
President for inclusion with the budget materials submitted to Congress
under section 1105(a) of title 31, United States Code, a consolidated
budget justification display that covers all programs and activities of
the Air Sovereignty Alert mission of the Air Force.
(b) Requirements for Budget Display.--The budget display under
subsection (a) for a fiscal year shall include for such fiscal year the
following:
(1) The funding requirements for the Air Sovereignty Alert
mission, and the associated Command and Control mission,
including such requirements for--
(A) pay and allowances;
(B) support costs;
(C) Medicare eligible retiree health fund
contributions;
(D) flying hours; and
(E) any other associated mission costs.
(2) The amount in the budget for the Air Force for each of
the items referred to in paragraph (1).
(3) The amount in the budget for the Air National Guard for
each such item.

SEC. 355. SENSE OF CONGRESS THAT AIR SOVEREIGNTY ALERT MISSION SHOULD
RECEIVE SUFFICIENT FUNDING AND RESOURCES.

It is the sense of Congress that--
(1) since the tragic events of September 11, 2001, the Air
National Guard has bravely performed the Air Sovereignty Alert
mission to defend the homeland in support of Operation Noble
Eagle;
(2) the Air National Guard continues to serve as the
backbone of this vital national security mission;
(3) the United States Air Force should include full funding
for the Air Sovereignty Alert mission in the baseline budget of
the Air Force;
(4) the United States Air Force should program sufficient
personnel, equipment, and aircraft resources to the Air
National Guard to fully and safely perform the Air Sovereignty
Alert mission;
(5) the capability of Air National Guard aircraft assigned
to the Air Sovereignty Alert mission is rapidly deteriorating
due to age and may impede the ability of the Air National Guard
to protect the homeland;
(6) by 2015, many of the Air National Guard's fighter
aircraft will have exceeded their service life and will be
grounded, resulting in a breach of homeland defense, a
potential closure of Air National Guard bases, the loss of
critical personnel with the accompanying loss of experience and
training, and the loss of the fighter capability of the Air
National Guard; and
(7) the United States Air Force should ensure that the Air
National Guard and the Air Sovereignty Alert mission are
provided with resources, personnel, and aircraft needed to
support this critical mission now and in the future.

SEC. 356. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED.

(a) Revision Required.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the Air Force shall revise the
Air Freight Transportation Regulation Number 5, dated January 15, 1999,
to conform with Defense Travel Regulations to ensure that freight
covered by Air Freight Transportation Regulation Number 5 is carried in
accordance with commercial best practices that are based upon a mode-
neutral approach.
(b) Mode-Neutral Approach Defined.--For purposes of this section,
the term ``mode-neutral approach'' means a method of shipment that
allows a shipper to choose a carrier with a time-definite performance
standard for delivery without specifying a particular mode of
conveyance and allows the carrier to select the mode of conveyance
using best commercial practices as long as the mode of conveyance can
reasonably be expected to ensure the time-definite delivery requested
by the shipper.

SEC. 357. TRANSFER OF C-12 AIRCRAFT TO CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION.

(a) Authority.--The Secretary of the Army may convey to the
California Department of Forestry and Fire Protection (hereinafter in
this section referred to as ``CAL FIRE''), all right, title, and
interest of the United States in three C-12 aircraft that the Secretary
has determined are surplus to need.
(b) Conveyance at No Cost to the United States.--The conveyance of
an aircraft authorized by this section shall be made at no cost to the
United States. Any costs associated with such conveyance, costs of
determining compliance with terms of the conveyance, and costs of
operation and maintenance of the aircraft conveyed shall be borne by
CAL FIRE.

SEC. 358. AVAILABILITY OF FUNDS FOR IRREGULAR WARFARE SUPPORT PROGRAM.

Of the amount appropriated pursuant to an authorization of
appropriations or otherwise made available for the Joint Improvised
Explosive Device Defeat Organization for fiscal year 2009, $75,000,000
shall be available for the Irregular Warfare Support program (program
element line 0603121D8Z, SO/LIC Advanced Development).

SEC. 359. SENSE OF CONGRESS REGARDING PROCUREMENT AND USE OF MUNITIONS.

It is the sense of Congress that the Secretary of Defense should--
(1) in making decisions with respect to procurement of
munitions, develop methods to account for the full life-cycle
costs of munitions, including the effects of failure rates on
the cost of disposal; and
(2) undertake a review of live-fire practices for the
purpose of reducing unexploded ordnance and munitions-
constituent contamination without impeding military readiness.

SEC. 360. LIMITATION ON OBLIGATION OF FUNDS FOR AIR COMBAT COMMAND
MANAGEMENT HEADQUARTERS.

Of the funds appropriated pursuant to an authorization of
appropriations or otherwise made available for Operation and
Maintenance, Air Force, for fiscal year 2009, the amount that may be
obligated for Air Force Commander, Air Combat Command Management
Headquarters, Sub-Activity Group 012E, for any fiscal quarter of such
fiscal year may not exceed 80 percent of the amount of such funds
obligated for such purpose for the corresponding fiscal quarter of
fiscal year 2008 until the Secretary of Defense certifies to the
congressional defense committees that by not later than February 3,
2009, the Future Year's Defense Plan will include funding for 76
commonly configured B-52 aircraft.

SEC. 361. INCREASE OF DOMESTIC SOURCING OF MILITARY WORKING DOGS USED
BY THE DEPARTMENT OF DEFENSE.

(a) Increased Capacity.--The Secretary of Defense, acting through
the Executive Agent for Military Working Dogs (hereinafter in this
section referred to as the ``Executive Agent''), shall--
(1) identify the number of military working dogs required
to fulfill the various missions of the Department of Defense
for which such dogs are used, including force protection,
facility and check point security, and explosives and drug
detection;
(2) take such steps as are practicable to ensure an
adequate number of military working dog teams are available to
meet and sustain the mission requirements identified in
paragraph (1);
(3) ensure that the Department's needs and performance
standards with respect to military working dogs are readily
available to dog breeders and trainers; and
(4) coordinate with other Federal, State, or local
agencies, nonprofit organizations, universities, or private
sector entities, as appropriate, to increase the training
capacity for military working dog teams.
(b) Military Working Dog Procurement.--The Secretary, acting
through the Executive Agent shall work to ensure that military working
dogs are procured as efficiently as possible and at the best value to
the Government, while maintaining the necessary level of quality and
encouraging increased domestic breeding, with the ultimate goal of
procuring all military working dogs through domestic breeders.
(c) Military Working Dog Defined.--For purposes of this section,
the term ``military working dog'' means a dog used in any official
military capacity, as defined by the Secretary of Defense.

SEC. 362. FUNDING FOR PROGRAMS RELATING TO DENTAL READINESS FOR THE
ARMY RESERVE.

Of the amount authorized in section 301(6) to be appropriated for
fiscal year 2009 for the Army Reserve--
(1) $22,300,000 is authorized for first term dental
readiness; and
(2) $8,500,000 is authorized for demobilization dental
treatment.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces

Sec. 421. Military personnel.

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, 2009, as follows:
(1) The Army, 532,400.
(2) The Navy, 326,323.
(3) The Marine Corps, 194,000.
(4) The Air Force, 317,050.

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.

Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 532,400.
``(2) For the Navy, 326,323.
``(3) For the Marine Corps, 194,000.
``(4) For the Air Force, 317,050.''.

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, 2009, as follows:
(1) The Army National Guard of the United States, 352,600.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 66,700.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 67,400.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--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.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component 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,
2009, 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, 32,060.
(2) The Army Reserve, 17,070.
(3) The Navy Reserve, 11,099.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,337.
(6) The Air Force Reserve, 2,733.

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 2009 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, 8,395.
(2) For the Army National Guard of the United States,
27,210.
(3) For the Air Force Reserve, 10,003.
(4) For the Air National Guard of the United States,
22,452.

SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.

(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard
as of September 30, 2009, 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,
2009, 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, 2009, 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 2009, 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.

SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION ON NUMBER OF
RESERVE COMPONENT MEMBERS AUTHORIZED TO BE ON ACTIVE
DUTY.

(a) Additional Waiver Authority.--Subsection (a) of section 123a of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``If at the end''; and
(2) by adding at the end the following new paragraph:
``(2) When a designation of a major disaster or emergency (as those
terms are defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)) is in effect, the
President may waive any statutory limit that would otherwise apply
during the period of the designation on the number of members of a
reserve component who are authorized to be on active duty under
subparagraph (A) or (B) of section 115(b)(1) of this title, if the
President determines the waiver is necessary to provide assistance in
responding to the major disaster or emergency.''.
(b) Termination of Waiver.--Subsection (b) of such section is
amended--
(1) by striking the subsection heading and inserting the
following: ``Termination of Waiver.--(1)'';
(2) by striking ``subsection (a)'' and inserting
``subsection (a)(1)''; and
(3) by adding at the end the following new paragraph:
``(2) A waiver granted under subsection (a)(2) shall terminate not
later than 90 days after the date on which the designation of the major
disaster or emergency that was the basis for the waiver expires.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 123a. Suspension of end-strength and other strength limitations
in time of war or national emergency''.
(2) Table of sections.--The table of sections at the
beginning of chapter 3 of such title is amended by striking the
item relating to section 123a and inserting the following new
item:

``123a. Suspension of end-strength and other strength limitations in
time of war or national emergency.''.

Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2009 a total of
$124,659,768,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2009.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

Sec. 531. Increase in authorized maximum reenlistment term.
Sec. 532. Career intermission pilot program.
Subtitle E--Education and Training

Subtitle A--Officer Personnel Policy Generally

SEC. 501. MANDATORY SEPARATION REQUIREMENTS FOR REGULAR WARRANT
OFFICERS FOR LENGTH OF SERVICE.

Section 1305(a) of title 10, United States Code, is amended--
(1) by striking ``A regular warrant officer who has at
least 30 years of active service as a warrant officer that
could be credited to him'' and inserting ``(1) A regular
warrant officer (other than a regular Army warrant officer) who
has at least 30 years of active service that could be credited
to the officer''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of a regular Army warrant officer, the
calculation of years of active service under paragraph (1) shall
include only years of active service as a warrant officer.''.

SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS COMMISSIONS AND
WARRANTS.

(a) Posthumous Commissions.--Section 1521 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``in line of duty'' each
place it appears; and
(2) by adding at the end the following new subsection:
``(c) A commission issued under subsection (a) in connection with
the promotion of a deceased member to a higher commissioned grade shall
require certification by the Secretary concerned that, at the time of
death of the member, the member was qualified for appointment to that
higher grade.''.
(b) Posthumous Warrants.--Section 1522(a) of such title is
amended--
(1) by striking ``in line of duty''; and
(2) by adding at the end the following new subsection:
``(c) A warrant issued under subsection (a) in connection with the
promotion of a deceased member to a higher grade shall require a
finding by the Secretary of the military department concerned that, at
the time of death of the member, the member was qualified for
appointment to that higher grade.''.

SEC. 503. EXTENSION OF AUTHORITY TO REDUCE MINIMUM LENGTH OF ACTIVE
SERVICE REQUIRED FOR VOLUNTARY RETIREMENT AS AN OFFICER.

(a) Army.--Section 3911(b)(2) of title 10, United States Code, is
amended by inserting after ``December 31, 2008,'' the following: ``and
again during the one-year period beginning on October 1, 2013,''.
(b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is
amended by inserting after ``December 31, 2008,'' the following: ``and
again during the one-year period beginning on October 1, 2013,''.
(c) Air Force.--Section 8911(b)(2) of such title is amended by
inserting after ``December 31, 2008,'' the following: ``and again
during the one-year period beginning on October 1, 2013,''.

SEC. 504. INCREASE IN AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE
DUTY IN THE MARINE CORPS.

(a) Increase.--Section 526(a)(4) of title 10, United States Code,
is amended by striking ``80'' and inserting ``81''.
(b) Conforming Amendments Regarding Distribution of Marine General
Officers.--Section 525 of such title is amended--
(1) in the first sentence of subsection (a), by striking
``that armed force'' and inserting ``the Army or Air Force, or
more than 51 percent of the general officers of the Marine
Corps,''; and
(2) in subsection (b)(2)(B), by striking ``17.5 percent''
and inserting ``19 percent''.

Subtitle B--Reserve Component Management

SEC. 511. EXTENSION TO ALL MILITARY DEPARTMENTS OF AUTHORITY TO DEFER
MANDATORY SEPARATION OF MILITARY TECHNICIANS (DUAL
STATUS).

Section 10216(f) of title 10, United States Code, is amended by
striking ``Secretary of the Army'' and inserting ``Secretary
concerned''.

SEC. 512. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVE
OFFICERS ON ACTIVE DUTY IN THE GRADES OF MAJOR AND
LIEUTENANT COLONEL TO MEET FORCE STRUCTURE REQUIREMENTS.

The table in section 12011(a) of title 10, United States Code,
relating to the number of officers of a reserve component who may be
serving in certain grades given the total number of members of that
reserve component serving on full-time reserve component duty, is
amended by striking the portion of the table relating to the Marine
Corps Reserve and inserting the following:

----------------------------------------------------------------------------------------------------------------
``Marine Corps Reserve: Major Lieutenant Colonel Colonel
----------------------------------------------------------------------------------------------------------------
1,100 ......... 99 63 20
1,200 ......... 103 67 21
1,300 ......... 107 70 22
1,400 ......... 111 73 23
1,500 ......... 114 76 24
1,600 ......... 117 79 25
1,700 ......... 120 82 26
1,800 ......... 123 85 27
1,900 ......... 126 88 28
2,000 ......... 129 91 29
2,100 ......... 132 94 30
2,200 ......... 134 97 31
2,300 ......... 136 99 32
2,400 ......... 138 101 33
2,500 ......... 140 103 34
2,600 ......... 142 105 35''.
----------------------------------------------------------------------------------------------------------------

SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A VACANCY
PROMOTION NATIONAL GUARD OFFICERS ORDERED TO ACTIVE DUTY
IN SUPPORT OF A CONTINGENCY OPERATION.

(a) Additional Exception.--Subsection (d) of section 14317 of title
10, United States Code, is amended--
(1) in the first sentence--
(A) by striking ``Except'' and inserting ``(1)
Except'';
(B) by striking ``unless the officer is ordered''
and inserting ``unless the officer--
``(A) is ordered'';
(C) by striking the period at the end and inserting
``; or''; and
(D) by adding at the end the following new
subparagraph:
``(B) has been ordered to or is serving on active duty in
support of a contingency operation.''; and
(2) in the second sentence, by striking ``If'' and
inserting the following:
``(2) If''.
(b) Consideration for Promotion by Examination for Federal
Recognition.--Subsection (e)(1)(B) of such section is amended by
inserting before the period at the end the following: ``, or by
examination for Federal recognition under title 32''.

SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN RESERVE
OFFICERS.

(a) Selective Service and Property and Fiscal Officers.--Section
12647 of title 10, United States Code, is amended by striking ``60
years'' and inserting ``62 years''.
(b) Certain Reserve Officers in Grades of Major Through Brigadier
General.--
(1) Increased age.--Section 14702(b) of such title is
amended--
(A) in the subsection heading, by striking ``at Age
60'' and inserting ``for Age''; and
(B) by striking ``subsection (a)(1) or (a)(2).''
and all that follows through the period at the end of
the last sentence and inserting the following:
``paragraph (1) or (2) of subsection (a). An officer
described in paragraph (1) of such subsection may not
be retained under this section after the last day of
the month in which the officer becomes 62 years of age.
An officer described in paragraph (2) of such
subsection may not be retained under this section after
the last day of the month in which the officer becomes
60 years of age.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of section 14702 of such
title is amended to read as follows:
``Sec. 14702. Retention on reserve active-status list of certain
officers in the grade of major, lieutenant colonel,
colonel, or brigadier general''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1409 of such title is amended by striking
the item relating to section 14702 and inserting the following
new item:

``14702. Retention on reserve active-status list of certain officers in
the grade of major, lieutenant colonel,
colonel, or brigadier general.''.

SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RESERVE OFFICERS ON
ACTIVE-STATUS LIST AS EXCEPTION TO REMOVAL FOR YEARS OF
COMMISSIONED SERVICE.

Section 14508 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Retention of Lieutenant Generals.--A reserve officer of the
Army or Air Force in the grade of lieutenant general who would
otherwise be removed from an active status under subsection (c) may, in
the discretion of the Secretary of the Army or the Secretary of the Air
Force, as the case may be, be retained in an active status, but not
later than the date on which the officer becomes 66 years of age.''.

SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS AND OFFICERS IN MEDICAL
AND RELATED SPECIALTIES UNTIL AGE 68.

(a) Reserve Chaplains and Medical Officers.--Section 14703(b) of
title 10, United States Code, is amended by striking ``67 years'' and
inserting ``68 years''.
(b) National Guard Chaplains and Medical Officers.--Section 324 of
title 32, United States Code, is amended by adding at the end the
following new subsection:
``(c) Notwithstanding subsection (a)(1), an officer of the National
Guard serving as a chaplain, medical officer, dental officer, nurse,
veterinarian, Medical Service Corps officer, or biomedical sciences
officer may be retained, with the officer's consent, until the date on
which the officer becomes 68 years of age.''.

SEC. 517. STUDY AND REPORT REGARDING PERSONNEL MOVEMENTS IN MARINE
CORPS INDIVIDUAL READY RESERVE.

The Secretary of the Navy shall conduct a study to analyze the
policies and procedures used by the Marine Corps Reserve during fiscal
years 2001 through 2008 for the movement of personnel in and out of the
Individual Ready Reserve. Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report containing the results of the study.

Subtitle C--Joint Qualified Officers and Requirements

SEC. 521. JOINT DUTY REQUIREMENTS FOR PROMOTION TO GENERAL OR FLAG
OFFICER.

(a) In General.--Section 619a of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``unless--'' and all
that follows through ``the joint specialty'' and inserting
``unless the officer has been designated as a Joint Qualified
Officer'';
(2) in subsection (b)--
(A) by striking ``paragraph (1) or paragraph (2) of
subsection (a), or both paragraphs (1) and (2) of
subsection (a),'' in the matter preceding paragraph (1)
and inserting ``subsection (a)''; and
(B) in paragraph (4), by striking ``within that
immediate organization is not less than two years'' and
inserting ``is not less than two years and the officer
has successfully completed a program of education
described in subsections (b) and (c) of section 2155 of
this title''; and
(3) by striking subsection (h).
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 619a. Eligibility for consideration for promotion: designation
as Joint Qualified Officer required before promotion to
general or flag grade; exceptions''.
(2) Table of sections.--The table of sections at the
beginning of subchapter II of chapter 36 of such title is
amended by striking the item relating to section 619a and
inserting the following new item:

``619a. Eligibility for consideration for promotion: designation as
Joint Qualified Officer required before
promotion to general or flag grade;
exceptions.''.

SEC. 522. TECHNICAL, CONFORMING, AND CLERICAL CHANGES TO JOINT
SPECIALTY TERMINOLOGY.

(a) Reference to Joint Qualified Officer.--
(1) In general.--Subsection (a) of section 661 of title 10,
United States Code, is amended in the second sentence by
striking ``in such manner as the Secretary of Defense directs''
and inserting ``as a Joint Qualified Officer or in such other
manner as the Secretary of Defense directs''.
(2) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 661. Management policies for Joint Qualified Officers''.
(3) Table of sections.--The table of sections at the
beginning of chapter 38 of such title is amended by striking
the item related to section 661 and inserting the following new
item:

``661. Management policies for Joint Qualified Officers.''.
(b) Joint Duty Assignments After Completion of Joint Professional
Military Education.--Section 663 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Joint
Specialty'' and inserting ``Joint Qualified''; and
(B) by striking ``with the joint specialty'' and
inserting ``designated as a Joint Qualified Officer'';
and
(2) in subsection (b)(1), by striking ``do not have the
joint specialty'' and inserting ``are not designated as a Joint
Qualified Officer''.
(c) Procedures for Monitoring Careers of Joint Qualified
Officers.--
(1) In general.--Section 665 of such title is amended--
(A) in subsection (a)(1)(A), by striking ``with the
joint specialty'' and inserting ``designated as a Joint
Qualified Officer''; and
(B) in subsection (b)(1), by striking ``with the
joint specialty'' and inserting ``designated as a Joint
Qualified Officer''.
(2) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 665. Procedures for monitoring careers of Joint Qualified
Officers''.
(3) Table of sections.--The table of sections at the
beginning of chapter 38 of such title is amended by striking
the item related to section 665 and inserting the following new
item:

``665. Procedures for monitoring careers of Joint Qualified
Officers.''.
(d) Joint Specialty Terminology in Annual Report.--Section 667 of
title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``selected for
the joint specialty'' and inserting ``designated as a
Joint Qualified Officer''; and
(B) in subparagraph (B), by striking ``selection
for the joint specialty'' and inserting ``designation
as a Joint Qualified Officer,'';
(2) in paragraph (2), by striking ``with the joint
specialty'' and inserting ``designated as a Joint Qualified
Officer'';
(3) in paragraph (3), by striking ``selected for the joint
specialty'' each place it appears and inserting ``designated as
a Joint Qualified Officer'';
(4) in paragraph (4)--
(A) in subparagraph (A), by striking ``selected for
the joint specialty'' and inserting ``designated as a
Joint Qualified Officer''; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) a comparison of the number of officers who
were designated as a Joint Qualified Officer who had
served in a Joint Duty Assignment List billet and
completed Joint Professional Military Education Phase
II, with the number designated as a Joint Qualified
Officer based on their aggregated joint experiences and
completion of Joint Professional Military Education
Phase II.'';
(5) by striking paragraphs (5) through (10), (13), and
(16), and redesignating paragraphs (11), (12), (14) (15), (17),
and (18) as paragraphs (7), (8), (9), (10), (12), and (13),
respectively;
(6) by inserting after paragraph (4) the following new
paragraphs:
``(5) The promotion rate for officers designated as a Joint
Qualified Officer, compared with the promotion rate for other
officers considered for promotion from within the promotion
zone in the same pay grade and the same competitive category. A
similar comparison will be made for officers both below the
promotion zone and above the promotion zone.
``(6) An analysis of assignments of officers after their
designation as a Joint Qualified Officer.''; and
(7) by inserting after paragraph (10), as redesignated by
paragraph (5), the following new paragraph:
``(11) The number of officers in the grade of captain (or
in the case of the Navy, lieutenant) and above, certified at
each level of joint qualification as established in regulation
and policy by the Secretary of Defense with the advice of the
Chairman of the Joint Chiefs of Staff. Such numbers shall be
reported by service and grade of the officer.''.

SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT QUALIFIED OFFICERS.

Section 662 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``that--'' and all that
follows through ``served in joint duty assignments'' and
inserting ``that officers in the grade of major (or in the case
of the Navy, lieutenant commander) or above who are designated
as a Joint Qualified Officer''; and
(2) in subsection (b), by striking ``officers who are
serving in, or have served in, joint duty assignments,
especially with respect to the record of officer selection
boards in meeting the objectives of paragraphs (1) and (2) of
subsection (a).'' and inserting ``officers in the grades of
major (or in the case of the Navy, lieutenant commander)
through colonel (or in the case of the Navy, captain) who are
designated as a Joint Qualified Officer, especially with
respect to the record of officer selection boards in meeting
the objective of subsection (a).''.

SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.

(a) Service Excluded From Tour Length.--Subsection (d) of section
664 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking subparagraph (D) and
inserting the following new subparagraph:
``(D) a qualifying reassignment from a joint duty
assignment--
``(i) for unusual personal reasons,
including extreme hardship and medical
conditions, beyond the control of the officer
or the armed forces; or
``(ii) to another joint duty assignment
immediately after--
``(I) the officer was promoted to a
higher grade, if the reassignment was
made because no joint duty assignment
was available within the same
organization that was commensurate with
the officer's new grade; or
``(II) the officer's position was
eliminated in a reorganization.''; and
(2) by striking paragraph (3) and inserting the following
new paragraph:
``(3) Service in a joint duty assignment in a case in which
the officer's tour of duty in that assignment brings the
officer's accrued service for purposes of subsection (f)(3) to
the applicable standard prescribed in subsection (a).''.
(b) Computing Average Length of Joint Duty Assignments.--Subsection
(e) of such section is amended by striking paragraph (2) and inserting
the following new paragraph:
``(2) In computing the average length of joint duty assignments for
purposes of paragraph (1), the Secretary may exclude the following
service:
``(A) Service described in subsection (c).
``(B) Service described in subsection (d).
``(C) Service described in subsection (f)(6).''.
(c) Completion of Tour of Duty.--Subsection (f) of such section is
amended--
(1) in paragraph (3), by striking ``Cumulative service''
and inserting ``Accrued joint experience'';
(2) in paragraph (4), by striking ``(except'' and all that
follows through ``any time)''; and
(3) by striking paragraph (6) and inserting the following
new paragraph:
``(6) A second and subsequent joint duty assignment that is
less than the period required under subsection (a), but not
less than two years.''.
(d) Accrued Joint Experience as Full Tour of Duty.--Subsection (g)
of such section is amended to read as follows:
``(g) Accrued Joint Experience.--For the purposes of subsection
(f)(3), the Secretary of Defense may prescribe, by regulation, certain
joint experience, such as temporary duty in joint assignments, joint
individual training, and participation in joint exercises, that may be
aggregated to equal a full tour of duty. The Secretary shall prescribe
the regulations with the advice of the Chairman of the Joint Chiefs of
Staff.''.
(e) Constructive Credit.--Subsection (h) of such section is
amended--
(1) in paragraph (1), by striking ``subsection (f)(1),
(f)(2), (f)(4), or (g)(2)'' and inserting ``paragraphs (1),
(2), and (4) of subsection (f)''; and
(2) by striking paragraph (3).
(f) Repeal of Joint Duty Credit for Certain Joint Task Force
Assignments.--Such section is further amended by striking subsection
(i).

SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER POSITIONS ON JOINT
STAFF AS POSITIONS TO BE HELD ONLY BY RESERVE COMPONENT
OFFICERS.

Section 526(b)(2)(A) of title 10, United States Code, is amended
by striking ``a general and flag officer position'' and inserting ``up
to three general and flag officer positions''.

SEC. 526. TREATMENT OF CERTAIN SERVICE AS JOINT DUTY EXPERIENCE.

(a) Vice Chiefs, Army and Air National Guard.--Section 10506(a)(3)
of title 10, United States Code is amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Service of an officer as adjutant general shall be treated as
joint duty experience for purposes of assignment or promotion to any
position designated by law as open to a National Guard general
officer.''.
(b) Adjutants General and Similar Officers.--The service of an
officer of the Armed Forces as adjutant general, or as an officer
(other than adjutant general) of the National Guard of a State who
performs the duties of adjutant general under the laws of such State,
shall be treated as joint duty or joint duty experience for purposes of
any provisions of law required such duty or experience as a condition
of assignment or promotion.
(c) Report on Duty in Joint Force Headquarters to Qualify as Joint
Duty Experience.--Not later than April 1, 2009, the Chief of the
National Guard Bureau shall, in consultation with the adjutants general
of the National Guard, submit to the Chairman of the Joint Chiefs of
Staff and to Congress a report setting forth the recommendations of the
Chief of the National Guard Bureau as to which duty of officers of the
National Guard in the Joint Force Headquarters of the National Guard of
the States should qualify as joint duty or joint duty experience for
purposes of the provisions of law requiring such duty or experience as
a condition of assignment or promotion.
(d) Reports on Joint Education Courses.--Not later than April 1 of
each of 2009, 2010, and 2011, the Chairman of the Joint Chiefs of Staff
shall submit to Congress a report setting forth information on the
joint education courses available through the Department of Defense for
purposes of the pursuit of joint careers by officers in the Armed
Forces. Each report shall include, for the preceding year, the
following:
(1) A list and description of the joint education courses
so available during such year.
(2) A list and description of the joint education courses
listed under paragraph (1) that are available to and may be
completed by officers of the reserve components of the Armed
Forces in other than an in-resident duty status under title 10
or 32, United States Code.
(3) For each course listed under paragraph (1), the number
of officers from each Armed Force who pursued such course
during such year, including the number of officers of the Army
National Guard, and of the Air National Guard, who pursued such
course.
(e) Memorandum of Understanding Regarding the United States
Northern Command and Other Combatant Commands.--
(1) Memorandum required.--Not later than 180 days after the
date of the enactment of this Act, the Commander of the United
States Northern Command, the Commander of the United States
Pacific Command, and the Chief of the National Guard Bureau
shall, with the approval of the Secretary of Defense, jointly
enter into a memorandum of understanding setting forth the
operational relationships, and individual roles and
responsibilities, during responses to domestic emergencies
among the United States Northern Command, the United States
Pacific Command, and the National Guard Bureau.
(2) Modification.--The Commander of the United States
Northern Command, the Commander of the United States Pacific
Command, and the Chief of the National Guard Bureau may from
time to time modify the memorandum of understanding under this
subsection to address changes in circumstances and for such
other purposes as the Commander of the United States Northern
Command, the Commander of the United States Pacific Command,
and the Chief of the National Guard Bureau jointly consider
appropriate. Each such modification shall be subject to the
approval of the Secretary of Defense.
(f) Report on Defense of the Homeland.--
(1) Review.--The Secretary of Defense, in consultation with
the Chief of the National Guard Bureau, shall conduct a review
of the role of the Department of Defense in the defense of the
homeland. In conducting that review, the Secretary shall--
(A) assess section II of the Final Report to
Congress and the Secretary of Defense of the Commission
on the National Guard and Reserves, dated January 31,
2008, and titled ``Transforming the National Guard and
Reserves into a 21st-Century Operational Force''; and
(B) comment on recommendation number 2 under
section II of the report described in subparagraph (A).
(2) Report.--Not later than April 1, 2009, the Secretary of
Defense shall issue to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the review.

Subtitle D--General Service Authorities

SEC. 531. INCREASE IN AUTHORIZED MAXIMUM REENLISTMENT TERM.

(a) Increase to Eight-Year Maximum.--Section 505(d) of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking ``six years'' and
inserting ``eight years''; and
(2) in paragraph (3)(A), by striking ``six years'' and
inserting ``eight years''.
(b) Conforming Amendment Regarding Reenlistment Bonus.--Section
308(a)(2)(ii) of title 37, United States Code, is amended by striking
``not to exceed six''.

SEC. 532. CAREER INTERMISSION PILOT PROGRAM.

(a) Program Authorized.--Chapter 40 of title 10, United States
Code, is amended by inserting after section 708 the following new
section:
``Sec. 708a. Career intermission pilot program
``(a) Program Authorized.--(1) The Secretary of a military
department may establish a pilot program under which an officer or
enlisted member of an armed force under the jurisdiction of the
Secretary--
``(A) is released from active duty for a period not to
exceed the period specified in subsection (c)(1) to meet
personal or professional needs of the member;
``(B) is transferred to the Ready Reserve of that armed
force during such period, as provided in subsection (d); and
``(C) is returned to active duty at the end of such period,
as provided in subsection (c)(2).
``(2) The pilot program shall be known as the `Career Intermission
Pilot Program' (in this section referred to as the `program').
``(b) Number of Participants.--No more than 20 officers and 20
enlisted members of each armed force under the jurisdiction of the
Secretary of a military department may be selected per year for
participation in the program.
``(c) Maximum Duration of Absence; Return to Active Duty.--(1) The
period during which a member participating in the program will be
released from active duty shall be agreed upon by the Secretary
concerned and the member, but the period may not exceed three years
from the date of the member's release from active duty.
``(2) A member participating in the program shall return to active
duty at the end of the agreed-upon period or such earlier date as the
member may request.
``(d) Reserve Agreement.--(1) Before being released from active
duty under the program, a member participating in the program shall--
``(A) be appointed or enlisted in the Ready Reserve for the
member's armed force; and
``(B) enter into an agreement with the Secretary concerned
to serve on active duty in a regular or reserve component, as
determined by the Secretary, for a period of not less than two
months for every month of program participation following the
member's return to active duty.
``(2) During the period of release from active duty, a member
participating in the program shall report at least once per month to a
location designated by the Secretary concerned and be required to
maintain the job specialty qualifications the member held immediately
before being released from active duty under the program.
``(3) The Secretary of Defense shall issue regulations specifying
the guidelines regarding the conditions of release that must be
considered and addressed in the agreement required by this subsection.
At a minimum, the Secretary shall prescribe the procedures and
standards to be used to instruct a member on the obligations to be
assumed by the member under paragraph (2) while the member is released
from active duty.
``(e) Exclusion of Time in Program.--Time spent in the program
shall not count toward--
``(1) determining eligibility for retirement or transfer to
the Ready Reserve under chapter 367, 571, 867, or 1223 of this
title;
``(2) computation of retired or retainer pay under chapter
71 or chapter 1223 of this title; or
``(3) computation of total years of commissioned service
under section 14706 of this title.
``(f) Medical and Dental Care.--While a member is participating in
the program, the member shall remain entitled to medical and dental
care on the same basis as a member of the armed forces on active duty,
and dependents of a member participating in the program shall remain
entitled to medical and dental care on the same basis as the dependents
of a member of the armed forces on active duty.
``(g) Promotion Eligibility.--(1) An officer participating in the
program shall not be eligible for consideration for promotion under
chapter 36 or 1405 of this title during the period of the officer's
release from active duty. Upon return to active duty--
``(A) the officer's date of rank shall be adjusted to a
later date under regulations prescribed by the Secretary of
Defense; and
``(B) the officer shall be eligible for consideration for
promotion when officers of the same competitive category,
grade, and seniority are eligible for consideration.
``(2) An enlisted member participating in the program is ineligible
for consideration for promotion during the period of the member's
release from active duty and until such time after the member's return
to active duty when the member becomes eligible for promotion by reason
of time in grade and such other requirements as may be specified in
regulations.
``(h) Basic Pay.--For each month during which a member is released
from active duty under the program, the member is entitled to two times
one-thirtieth of the basic pay to which the member would be otherwise
entitled based on grade and years of service if the member remained on
active duty.
``(i) Travel and Transportation Allowances.--(1) Notwithstanding
any other provision of law, a member participating in the program is
entitled to the travel and transportation allowances under section 404
of title 37 for travel--
``(A) performed from the member's location, at the time of
the member's release from active duty under the program, to the
location in the United States designated as the member's
permanent residence; and
``(B) performed in connection with the member's return to
active duty.
``(2) An allowance will be paid under this subsection for travel to
and from only one residence.
``(j) Special and Incentive Pays and Bonuses.--While released from
active duty under the program, a member may not receive any special or
incentive pay or bonus under chapter 5 of title 37 to which the member
would otherwise be entitled. When the member returns to active duty
after the period of participation in the program, the member shall
receive all of the special and incentive pays that the member was
receiving before being released from active duty and for which the
member remains qualified to receive upon the return to active duty.
``(k) Duration of Program Authority.--The authority to conduct the
program commences on January 1, 2009, and no member may be released
from active duty under the program after December 31, 2014.''.
(b) Exclusion From Computation of Reserve Officer's Total Years of
Service.--Section 14706(a) of such title is amended by adding at the
end the following new paragraph:
``(4) Service while participating in the Career
Intermission Pilot Program under section 708a of this title.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 40 of such title is amended by inserting after the item
relating to section 708 the following new item:

``708a. Career intermission pilot program.''.

Subtitle E--Education and Training

SEC. 541. REPEAL OF PROHIBITION ON PHASED INCREASE IN MIDSHIPMEN AND
CADET STRENGTH LIMIT AT UNITED STATES NAVAL ACADEMY AND
AIR FORCE ACADEMY.

(a) Naval Academy.--Section 6954(h)(1) of title 10, United States
Code, is amended by striking the last sentence.
(b) Air Force Academy.--Section 9342(j)(1) of title 10, United
States Code, is amended by striking the last sentence.

SEC. 542. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE ACTIVITIES AT
MILITARY SERVICE ACADEMIES.

(a) United States Military Academy.--
(1) In general.-- Chapter 403 of title 10, United States
Code, is amended by inserting after section 4345 the following
new section:
``Sec. 4345a. Foreign and cultural exchange activities
``(a) Attendance Authorized.--The Secretary of the Army may
authorize the Academy to permit students, officers, and other
representatives of a foreign country to attend the Academy for periods
of not more than two weeks if the Secretary determines that the
attendance of such persons contributes significantly to the development
of foreign language, cross cultural interactions and understanding, and
cultural immersion of cadets.
``(b) Costs and Expenses.--The Secretary may pay the travel,
subsistence, and similar personal expenses of persons incurred to
attend the Academy under subsection (a).
``(c) Effect of Attendance.--Persons attending the Academy under
subsection (a) are not considered to be students enrolled at the
Academy and are in addition to persons receiving instruction at the
Academy under section 4344 or 4345 of this title.
``(d) Source of Funds; Limitation.--(1) The Academy shall bear the
costs of the attendance of persons under subsection (a) from funds
appropriated for the Academy and from such additional funds as may be
available to the Academy from a source, other than appropriated funds,
to support cultural immersion, regional awareness, or foreign language
training activities in connection with their attendence.
``(2) Expenditures from appropriated funds in support of activities
under this section may not exceed $40,000 during any fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4345 the following new item:

``4345a. Foreign and cultural exchange activities.''.
(b) Naval Academy.--
(1) In general.--Chapter 603 of title 10, United States
Code, is amended by inserting after section 6957a the following
new section:
``Sec. 6957b. Foreign and cultural exchange activities
``(a) Attendance Authorized.--The Secretary of the Navy may
authorize the Naval Academy to permit students, officers, and other
representatives of a foreign country to attend the Naval Academy for
periods of not more than two weeks if the Secretary determines that the
attendance of such persons contributes significantly to the development
of foreign language, cross cultural interactions and understanding, and
cultural immersion of midshipmen.
``(b) Costs and Expenses.--The Secretary may pay the travel,
subsistence, and similar personal expenses of persons incurred to
attend the Naval Academy under subsection (a).
``(c) Effect of Attendance.--Persons attending the Naval Academy
under subsection (a) are not considered to be students enrolled at the
Naval Academy and are in addition to persons receiving instruction at
the Naval Academy under section 6957 or 6957a of this title.
``(d) Source of Funds; Limitation.--(1) The Naval Academy shall
bear the costs of the attendance of persons under subsection (a) from
funds appropriated for the Naval Academy and from such additional funds
as may be available to the Naval Academy from a source, other than
appropriated funds, to support cultural immersion, regional awareness,
or foreign language training activities in connection with their
attendence.
``(2) Expenditures from appropriated funds in support of activities
under this section may not exceed $40,000 during any fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6957a the following new item:

``6957b. Foreign and cultural exchange activities.''.
(c) Air Force Academy.--
(1) In general.--Chapter 903 of title 10, United States
Code, is amended by inserting after section 9345 the following
new section:
``Sec. 9345a. Foreign and cultural exchange activities
``(a) Attendance Authorized.--The Secretary of the Air Force may
authorize the Air Force Academy to permit students, officers, and other
representatives of a foreign country to attend the Air Force Academy
for periods of not more than two weeks if the Secretary determines that
the attendance of such persons contributes significantly to the
development of foreign language, cross cultural interactions and
understanding, and cultural immersion of cadets.
``(b) Costs and Expenses.--The Secretary may pay the travel,
subsistence, and similar personal expenses of persons incurred to
attend the Air Force Academy under subsection (a).
``(c) Effect of Attendance.--Persons attending the Air Force
Academy under subsection (a) are not considered to be students enrolled
at the Air Force Academy and are in addition to persons receiving
instruction at the Air Force Academy under section 9344 or 9345 of this
title.
``(d) Source of Funds; Limitation.--(1) The Air Force Academy shall
bear the costs of the attendance of persons under subsection (a) from
funds appropriated for the Air Force Academy and from such additional
funds as may be available to the Air Force Academy from a source, other
than appropriated funds, to support cultural immersion, regional
awareness, or foreign language training activities in connection with
their attendence.
``(2) Expenditures from appropriated funds in support of activities
under this section may not exceed $40,000 during any fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 9345 the following new item:

``9345a. Foreign and cultural exchange activities.''.

SEC. 543. COMPENSATION FOR CIVILIAN PRESIDENT OF NAVAL POSTGRADUATE
SCHOOL.

Section 7042 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) If the individual holding the position of President of the
Naval Postgraduate School is a civilian, the Secretary shall pay the
individual such compensation for the individual's service as President
as the Secretary prescribes, except that--
``(A) basic pay for the President may not exceed the rate
of compensation authorized for positions in level I of the
Executive Schedule under section 5312 of title 5; and
``(B) total aggregate compensation for the President,
including bonuses, awards, allowances, or other similar cash
payments, may not exceed the total annual compensation payable
under section 104 of title 3.
``(2) The limitations in section 5373 of title 5 do not apply to
the authority of the Secretary under this subsection to prescribe the
salary and other related benefits for the position of President of the
Naval Postgraduate School.''.

SEC. 544. INCREASED AUTHORITY TO ENROLL DEFENSE INDUSTRY EMPLOYEES IN
DEFENSE PRODUCT DEVELOPMENT PROGRAM.

Section 7049(a) of title 10, United States Code, is amended by
striking ``25'' and inserting ``125''.

SEC. 545. REQUIREMENT OF COMPLETION OF SERVICE UNDER HONORABLE
CONDITIONS FOR PURPOSES OF ENTITLEMENT TO EDUCATIONAL
ASSISTANCE FOR RESERVE COMPONENTS MEMBERS SUPPORTING
CONTINGENCY OPERATIONS.

(a) Requirement of Honorable Service.--Section 16164(a)(2) of title
10, United States Code, is amended by striking ``other than
dishonorable conditions'' and inserting ``honorable conditions''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and apply to
persons described in section 16163 of title 10, United States Code, who
separate on or after that date from a reserve component.

SEC. 546. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY FOR HEALTH
PROFESSIONALS IN REGULAR COMPONENTS AND SELECTED RESERVE.

Section 16302(c) of title 10, United States Code, is amended by
striking paragraphs (2) and (3) and inserting the following new
paragraph:
``(2) The annual maximum amount of a loan that may be repaid under
this section shall be the same as the maximum amount in effect for the
same year under subsection (e)(2) of section 2173 of this title for the
education loan repayment program under such section.''.

SEC. 547. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE OFFICERS'
TRAINING CORPS.

(a) Plan for Increase.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall develop and
implement a plan to establish and support 4,000 Junior Reserve
Officers' Training Corps units not later than fiscal year 2020.
(b) Exceptions.--The requirement imposed in subsection (a) shall
not apply--
(1) if the Secretary fails to receive an adequate number or
requests for Junior Reserve Officers' Training Corps units by
public and private secondary educational institutions; or
(2) during a time of national emergency when the
Secretaries of the military departments determine that funding
must be allocated elsewhere.
(c) Cooperation.--The Secretary of Defense, as part of the plan to
establish and support additional Junior Reserve Officers' Training
Corps units, shall work with local educational agencies to increase the
employment in Junior Reserve Officers' Training Corps units of retired
members of the Armed Forces who are retired under chapter 61 of title
10, United States Code, especially members who were wounded or injured
while deployed in a contingency operation.
(d) Report on Plan.--Upon completion of the plan, the Secretary of
Defense shall provide a report to the congressional defense committees
containing, at a minimum, the following:
(1) A description of how the Secretaries of the military
departments expect to achieve the number of units of the Junior
Reserve Officers' Training Corps specified in subsection (a),
including how many units will be established per year by each
service.
(2) The annual funding necessary to support the increase in
units, including the personnel costs associated.
(3) The number of qualified private and public schools, if
any, who have requested a Junior Reserve Officers' Training
Corps unit that are on a waiting list.
(4) Efforts to improve the increased distribution of units
geographically across the United States.
(5) Efforts to increase distribution of units in
educationally and economically deprived areas.
(6) Efforts to enhance employment opportunities for
qualified former military members retired for disability,
especially those wounded while deployed in a contingency
operation.
(e) Time for Submission.--The plan required under subsection (a),
along with the report required by subsection (d), shall be submitted to
the congressional defense committees not later than March 31, 2009. The
Secretary of Defense shall submit an up-dated report annually
thereafter until the number of units of the Junior Reserve Officers'
Training Corps specified in subsection (a) is achieved.
(f) Additional Curriculum Element.--The Secretary of each military
department shall develop and implement a segment of the Junior Reserve
Officers' Training Corps curriculum that includes the contribution and
defense historiography of gender and ethnic specific groups.

SEC. 548. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT AMOUNTS.

(a) Correction and Payment Authority.--During the period beginning
on January 1, 2009, and ending on June 30, 2009, the Secretary of the
Army may--
(1) consider, through the Army Board for the Correction of
Military Records, a request for the correction of military
records relating to the amount of the Army College Fund benefit
to which a member or former member of the Armed Forces may be
entitled under an Army Incentive Program contract; and
(2) pay such amounts as the Secretary considers necessary
to ensure fairness and equity with regard to the request if the
Secretary determines that the correction of the records is
appropriate.
(b) Exception to Payment Limits.--A payment under subsection (a)(2)
may be made without regard to any limits on the total combined amounts
established for the Army College Fund and the Montgomery G.I. Bill.
(c) Funding Source.--Payments under subsection (a)(2) shall be made
solely from funds appropriated for military personnel programs for
fiscal year 2009.

SEC. 549. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL MILITARY
EDUCATION TO AWARD DEGREES.

(a) National Defense Intelligence College.--
(1) In general.--Section 2161 of title 10, United States
Code, is amended to read as follows:
``Sec. 2161. Degree granting authority for National Defense
Intelligence College
``(a) Authority.--Under regulations prescribed by the Secretary of
Defense, the President of the National Defense Intelligence College
may, upon the recommendation of the faculty of the National Defense
Intelligence College, confer appropriate degrees upon graduates who
meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When seeking to
establish degree granting authority under this section, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is submitted to
the Department of Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report containing the rationale for the proposed
modification, redesignation or termination and any subsequent
recommendation of the Secretary of Education on the proposed
modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the curriculum
leading to any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 108 of such title is amended by striking
the item relating to section 2161 and inserting the following
new item:

``2161. Degree granting authority for National Defense Intelligence
College.''.
(b) National Defense University.--
(1) In general.--Section 2163 of such title is amended to
read as follows:
``Sec. 2163. Degree granting authority for National Defense University
``(a) Authority.--Under regulations prescribed by the Secretary of
Defense, the President of the National Defense University may, upon the
recommendation of the faculty of the National Defense University,
confer appropriate degrees upon graduates who meet the degree
requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When seeking to
establish degree granting authority under this section, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is submitted to
the Department of Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report containing the rationale for the proposed
modification, redesignation or termination and any subsequent
recommendation of the Secretary of Education on the proposed
modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the curriculum
leading to any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 108 of such title is amended by striking
the item relating to section 2163 and inserting the following
new item:

``2163. Degree granting authority for National Defense University.''.
(c) United States Army Command and General Staff College.--
(1) In general.--Section 4314 of such title is amended to
read as follows:
``Sec. 4314. Degree granting authority for United States Army Command
and General Staff College
``(a) Authority.--Under regulations prescribed by the Secretary of
the Army, the Commandant of the United States Army Command and General
Staff College may, upon the recommendation of the faculty and dean of
the college, confer appropriate degrees upon graduates who meet the
degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When seeking to
establish degree granting authority under this section, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is submitted to
the Department of Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report containing the rationale for the proposed
modification, redesignation or termination and any subsequent
recommendation of the Secretary of Education on the proposed
modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the curriculum
leading to any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 401 of such title is amended by striking
the item relating to section 4314 and inserting the following
new item:

``4314. Degree granting authority for United States Army Command and
General Staff College.''.
(d) United States Army War College.--
(1) In general.--Section 4321 of title 10, United States
Code, is amended to read as follows:
``Sec. 4321. Degree granting authority for United States Army War
College
``(a) Authority.--Under regulations prescribed by the Secretary of
the Army, the Commandant of the United States Army War College may,
upon the recommendation of the faculty and dean of the college, confer
appropriate degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When seeking to
establish degree granting authority under this section, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is submitted to
the Department of Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report containing the rationale for the proposed
modification, redesignation or termination and any subsequent
recommendation of the Secretary of Education on the proposed
modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the curriculum
leading to any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 401 of such title is amended by striking
the item relating to section 4321 and inserting the following
new item:

``4321. Degree granting authority for United States Army War
College.''.
(e) United States Naval Postgraduate School.--
(1) In general.--Section 7048 of such title is amended to
read as follows:
``Sec. 7048. Degree granting authority for United States Naval
Postgraduate School
``(a) Authority.--Under regulations prescribed by the Secretary of
the Navy, the President of the Naval Postgraduate School may, upon the
recommendation of the faculty of the Naval Postgraduate School, confer
appropriate degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When seeking to
establish degree granting authority under this section, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is submitted to
the Department of Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report containing the rationale for the proposed
modification, redesignation or termination and any subsequent
recommendation of the Secretary of Education on the proposed
modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the curriculum
leading to any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 605 of such title is amended by striking
the item relating to section 7048 and inserting the following
new item:

``7048. Degree granting authority for United States Naval Postgraduate
School.''.
(f) Naval War College.--
(1) In general.--Section 7101 of such title is amended to
read as follows:
``Sec. 7101. Degree granting authority for Naval War College
``(a) Authority.--Under regulations prescribed by the Secretary of
the Navy, the President of the Naval War College may, upon the
recommendation of the faculty of the Naval War College components,
confer appropriate degrees upon graduates who meet the degree
requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When seeking to
establish degree granting authority under this section, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is submitted to
the Department of Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report containing the rationale for the proposed
modification, redesignation or termination and any subsequent
recommendation of the Secretary of Education on the proposed
modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the curriculum
leading to any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 609 of such title is amended by striking
the item relating to section 7101 and inserting the following
new item:

``7101. Degree granting authority for Naval War College.''.
(g) Marine Corps University.--
(1) In general.--Section 7102 of such title is amended to
read as follows:
``Sec. 7102. Degree granting authority for Marine Corps University
``(a) Authority.--Under regulations prescribed by the Secretary of
the Navy, the President of the Marine Corps University may, upon the
recommendation of the directors and faculty of the Marine Corps
University, confer appropriate degrees upon graduates who meet the
degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When seeking to
establish degree granting authority under this section, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is submitted to
the Department of Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report containing the rationale for the proposed
modification, redesignation or termination and any subsequent
recommendation of the Secretary of Education on the proposed
modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the curriculum
leading to any new or existing degree.
``(d) Board of Advisors.--The Secretary of the Navy shall establish
a board of advisors for the Marine Corps University. The Secretary
shall ensure that the board is established so as to meet all
requirements of the appropriate regional accrediting association.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 609 of such title is amended by striking
the item relating to section 7102 and inserting the following
new item:

``7102. Degree granting authority for Marine Corps University.''.
(h) United States Air Force Institute of Technology.--
(1) In general.--Section 9314 of such title is amended to
read as follows:
``Sec. 9314. Degree granting authority for United States Air Force
Institute of Technology
``(a) Authority.--Under regulations prescribed by the Secretary of
the Air Force, the commander of Air University may, upon the
recommendation of the faculty of the United States Air Force Institute
of Technology, confer appropriate degrees upon graduates of the United
States Air Force Institute of Technology who meet the degree
requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When seeking to
establish degree granting authority under this section, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is submitted to
the Department of Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report containing the rationale for the proposed
modification, redesignation or termination and any subsequent
recommendation of the Secretary of Education on the proposed
modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the curriculum
leading to any new or existing degree.
``(d) Civilian Faculty.--(1) The Secretary of the Air Force may
employ as many civilian faculty members at the United States Air Force
Institute of Technology as is consistent with the needs of the Air
Force and with Department of Defense personnel limits.
``(2) The Secretary shall prescribe regulations determining--
``(A) titles and duties of civilian members of the faculty;
and
``(B) pay of civilian members of the faculty,
notwithstanding chapter 53 of title 5, but subject to the
limitation set out in section 5373 of title 5.
``(e) Reimbursement.--(1) The Department of the Army, the
Department of the Navy, and the Department of Homeland Security shall
bear the cost of the instruction at the Air Force Institute of
Technology that is received by members of the armed forces detailed for
that instruction by the Secretaries of the Army, Navy, and Homeland
Security, respectively.
``(2) Members of the Army, Navy, Marine Corps, and Coast Guard may
only be detailed for instruction at the Institute on a space-available
basis.
``(3) In the case of an enlisted member of the Army, Navy, Marine
Corps, and Coast Guard permitted to receive instruction at the
Institute, the Secretary of the Air Force shall charge that member only
for such costs and fees as the Secretary considers appropriate (taking
into consideration the admission of enlisted members on a space-
available basis).
``(f) Acceptance of Research Grants.--(1) The Secretary of the Air
Force may authorize the Commandant of the United States Air Force
Institute of Technology to accept qualifying research grants. Any such
grant may only be accepted if the work under the grant is to be carried
out by a professor or instructor of the Institute for a scientific,
literary, or educational purpose.
``(2) A qualifying research grant under this subsection is a grant
that is awarded on a competitive basis by an entity referred to in
paragraph (3) for a research project with a scientific, literary, or
educational purpose.
``(3) A grant may be accepted under this subsection only from a
corporation, fund, foundation, educational institution, or similar
entity that is organized and operated primarily for scientific,
literary, or educational purposes.
``(4) The Secretary shall establish an account for administering
funds received as research grants under this section. The Commandant of
the Institute shall use the funds in the account in accordance with
applicable provisions of the regulations and the terms and condition of
the grants received.
``(5) Subject to such limitations as may be provided in
appropriations Acts, appropriations available for the Institute may be
used to pay expenses incurred by the Institute in applying for, and
otherwise pursuing, the award of qualifying research grants.
``(6) The Secretary shall prescribe regulations for the
administration of this subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 901 of such title is amended by striking
the item relating to section 9314 and inserting the following
new item:

``9314. Degree granting authority for United States Air Force Institute
of Technology.''.
(i) Air University.--
(1) In general.--Section 9317 of such title is amended to
read as follows:
``Sec. 9317. Degree granting authority for Air University
``(a) Authority.--Except as provided in sections 9314 and 9315 of
this title, under regulations prescribed by the Secretary of the Air
Force, the commander of Air University may, upon the recommendation of
the faculty of the Air University components, confer appropriate
degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When seeking to
establish degree granting authority under this section, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is submitted to
the Department of Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report containing the rationale for the proposed
modification, redesignation or termination and any subsequent
recommendation of the Secretary of Education on the proposed
modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the curriculum
leading to any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 901 of such title is amended by striking
the item relating to section 9317 and inserting the following
new item:

``9317. Degree granting authority for Air University.''.
(j) Effective Date.--This section shall apply to any degree
granting authority established, modified, redesignated or terminated on
or after the date of enactment of this Act.

SEC. 550. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE ACCESSIBILITY AND
FLEXIBILITY FOR MEMBERS OF THE ARMED FORCES.

(a) Authority.--The Secretary of a military department may enter
into one or more education partnership agreements with educational
institutions in the United States for the purpose of--
(1) developing plans to improve the accessibility and
flexibility of college courses available to eligible members of
the Armed Forces;
(2) improving the application process for the Armed Forces
tuition assistance programs and raising awareness regarding
educational opportunities available to such members;
(3) developing curriculum, distance education programs, and
career counseling designed to meet the professional, financial,
academic, and social needs of such members; and
(4) assessing how resources may be applied more effectively
to meet the educational needs of such members.
(b) Cost.--Except as provided in this section, execution of an
education partnership agreement with an educational institution shall
be at no cost to the Government.
(c) Educational Institution Defined.--In this section, the term
``educational institution'' means an accredited college, university, or
technical school in the United States.

Subtitle F--Military Justice

SEC. 551. GRADE OF STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE
CORPS.

Section 5046(a) of title 10, United States Code, is amended by
striking the last sentence and inserting the following new sentence:
``The Staff Judge Advocate to the Commandant of the Marine Corps, while
so serving, has the grade of major general.''.

SEC. 552. STANDING MILITARY PROTECTION ORDER.

(a) In General.--Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:

``SEC. 1567. STANDING MILITARY PROTECTIVE ORDER.

``The issuance of a military protective order by a military
commander shall be deemed a standing order until--
``(1) the allegation prompting the protective order is
resolved by investigation, courts martial, or other command
determined adjudication; or
``(2) the military commander issues a new order.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``1567. Standing military protective order.''.

SEC. 553. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE
ORDER TO CIVILIAN LAW ENFORCEMENT.

(a) In General.--Chapter 80 of title 10, United States Code, is
amended by inserting after section 1567, as added by section 552, the
following new section:

``SEC. 1567A. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE
ORDER TO CIVILIAN LAW ENFORCEMENT.

``In the event a military protective order is issued against a
member of the armed forces and any individual involved in the order
does not reside on a military installation at any time during the
duration of the military protective order, the commander of the
military installation shall notify the appropriate civilian authorities
of--
``(1) the issuance of the protective order;
``(2) the duration of the protective order; and
``(3) the individuals involved in the order.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1567 the following new item:

``1567a. Mandatory notification of issuance of military protective
order to civilian law enforcement.''.

SEC. 554. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL ASSAULT
INCIDENTS IN THE ARMED FORCES.

(a) Database Required.--The Secretary of Defense shall implement a
centralized, case-level database for the collection, in a manner
consistent with Department of Defense regulations for restricted
reporting, and maintenance of information regarding sexual assaults
involving a member of the Armed Forces, including information, if
available, about the nature of the assault, the victim, the offender,
and the outcome of any legal proceedings in connection with the
assault.
(b) Availability of Database.--The database shall be available to
personnel of the Sexual Assault Prevention and Response Office of the
Department of Defense.
(c) Implementation.--
(1) Plan for implementation.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a plan to
provide for the implementation of the database.
(2) Completion.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall complete
implementation of the database.
(d) Reports.--The database shall be used to develop and implement
congressional reports, as required by--
(1) section 577(f) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375);
(2) section 596(c) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163);
(3) section 532 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364);
and
(4) sections 4361, 6980, and 9361 of title 10, United
States Code.
(e) Terminology.--Section 577(b) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) is
amended by adding at the end the following new paragraph:
``(12) The Secretary shall implement clear, consistent, and
streamlined sexual assault terminology for use across the
Department of Defense, to include a clear definition of the
following terms:
``(A) Restricted reports.
``(B) Unrestricted reports.
``(C) Substantiated reports.''.

Subtitle G--Decorations, Awards, and Honorary Promotions

SEC. 561. REPLACEMENT OF MILITARY DECORATIONS.

(a) Replacement Required.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1135. Replacement of military decorations
``(a) Replacement.--In addition to other authorities available to
the Secretary concerned to replace a military decoration, the Secretary
concerned shall replace, on a one-time basis and without charge, a
military decoration upon the request of the recipient of the military
decoration or the immediate next of kin of a deceased recipient.
``(b) Exception.--Subsection (a) does not apply to the medal of
honor.
``(c) Military Decoration Defined.--In this section, the term
`decoration' means any decoration or award that may be presented or
awarded to a member of the armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``1135. Replacement of military decorations.''.

SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
RICHARD L. ETCHBERGER FOR ACTS OF VALOR DURING THE
VIETNAM WAR.

(a) Authorization.--Notwithstanding the time limitations specified
in section 8744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President is authorized and
requested to award the Medal of Honor under section 8741 of such title
to former Chief Master Sergeant Richard L. Etchberger for the acts of
valor during the Vietnam War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of then Chief Master Sergeant Richard L.
Etchberger as Ground Radar Superintendent of Detachment 1, 1043rd Radar
Evaluation Squadron on March 11, 1968, during the Vietnam War for which
he was originally awarded the Air Force cross.

SEC. 563. ADVANCEMENT OF BRIGADIER GENERAL CHARLES E. YEAGER, UNITED
STATES AIR FORCE (RETIRED), ON THE RETIRED LIST.

(a) Advancement.--Brigadier General Charles E. Yeager, United
States Air Force (retired), is entitled to hold the rank of major
general while on the retired list of the Air Force.
(b) Additional Benefits Not to Accrue.--The advancement of Charles
E. Yeager on the retired list of the Air Force under subsection (a)
shall not affect the retired pay or other benefits from the United
States to which Charles E. Yeager is now or may in the future be
entitled based upon his military service or affect any benefits to
which any other person may become entitled based on his service.

SEC. 564. ADVANCEMENT OF REAR ADMIRAL WAYNE E. MEYER, UNITED STATES
NAVY (RETIRED), ON THE RETIRED LIST.

(a) Advancement Authorized.--The President is authorized and
requested to appoint, by and with the advice and consent of the Senate,
Rear Admiral Wayne E. Meyer, United States Navy (retired), to the grade
of vice admiral on the retired list of the Navy.
(b) Additional Benefits Not to Accrue.--The advancement of Wayne E.
Meyer on the retired list of the Navy under subsection (a) shall not
affect the retired pay or other benefits from the United States to
which Wayne E. Meyer is now or may in the future be entitled based upon
his military service or affect any benefits to which any other person
may become entitled based on his service.

SEC. 565. AWARD OF VIETNAM SERVICE MEDAL TO VETERANS WHO PARTICIPATED
IN MAYAGUEZ RESCUE OPERATION.

(a) In General.--The Secretary of the military department concerned
shall, upon the application of an individual who is an eligible
veteran, award that individual the Vietnam Service Medal,
notwithstanding any otherwise applicable requirements for the award of
that medal. Any such award shall be made in lieu of any Armed Forces
Expeditionary Medal awarded the individual for the individual's
participation in the Mayaguez rescue operation.
(b) Eligible Veteran.--For purposes of this section, the term
``eligible veteran'' means a member or former member of the Armed
Forces who was awarded the Armed Forces Expeditionary Medal for
participation in military operations known as the Mayaguez rescue
operation of May 12-15, 1975.

SEC. 566. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.

(a) Authority To Award.--The Secretary of the Army may award the
Army Combat Action Badge (established by order of the Secretary of the
Army through Headquarters, Department of the Army Letter 600-05-1,
dated June 3, 2005) to a person who, while a member of the Army,
participated in combat during which the person personally engaged, or
was personally engaged by, the enemy at any time during the period
beginning on December 7, 1941, and ending on September 18, 2001 (the
date of the otherwise applicable limitation on retroactivity for the
award of such decoration), if the Secretary determines that the person
has not been previously recognized in an appropriate manner for such
participation.
(b) Procurement of Badge.--The Secretary of the Army may make
arrangements with suppliers of the Army Combat Action Badge so that
eligible recipients of the Army Combat Action Badge pursuant to
subsection (a) may procure the badge directly from suppliers, thereby
eliminating or at least substantially reducing administrative costs for
the Army to carry out this section.

Subtitle H--Impact Aid

SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for Defense-
wide activities, $50,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under subsection (a)
of section 572 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated pursuant to section 301(5) for operation
and maintenance for Defense-wide activities, $15,000,000 shall be
available only for the purpose of providing assistance to local
educational agencies under subsection (b) of such section 572.
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).

SEC. 572. CALCULATION OF PAYMENTS UNDER DEPARTMENT OF EDUCATION'S
IMPACT AID PROGRAM.

Paragraph (2) of section 8003(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(c)) is amended to read as
follows:
``(2) Exception.--Calculation of payments for a local
educational agency shall be based on data from the fiscal year
for which the agency is making an application for payment--
``(A) if such agency is newly established by a
State (first year of operation only); or
``(B) if--
``(i) such agency was eligible to receive a
payment under this section in the previous
fiscal year;
``(ii) such agency has had an overall
increase (as determined by the Secretary of
Education in consultation with the Secretary of
Defense, the Secretary of Interior, or other
Federal agencies) of not less than 100 students
or 10 percent as described in--
``(I) subparagraphs (A), (B), and
(D) of subsection (a)(1); or
``(II) subparagraphs (C), (E), (F)
and (G) of subsection (a)(1) if those
children described in subparagraphs
(C), (E), (F) and (G) are civilian
dependents of employees of the
Department of Defense; and
``(iii) such increase occurred during the
period between the end of the school year
preceding the fiscal year for which the
application is being made and the beginning of
the school year immediately preceding that
fiscal year as the result of closure or
realignment of military installations under the
base closure process or the relocation of
members of the Armed Forces and civilian
employees of the Department of Defense as part
of force structure changes or movements of
units or personnel between military
installations.''.

Subtitle I--Military Families

SEC. 581. PRESENTATION OF BURIAL FLAG.

(a) Inclusion of Surviving Spouse; Consolidation of Flag-Related
Authorities.--Subsection (e) of section 1482 of title 10, United States
Code, is amended--
(1) by designating the current text as paragraph (2) and
redesignating current paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by inserting before paragraph (2), as so designated,
the following:
``(e) Presentation of Flag of the United States.--(1) In the case
of a decedent covered by section 1481 of this title, the Secretary
concerned may pay the necessary expenses for the presentation of a flag
of the United States--
``(A) to the person designated under subsection (c) to
direct disposition of the remains;
``(B) to the parents or parent of the decedent, if the
person presented a flag under subparagraph (A) is other than a
parent of the decedent; and
``(C) to the surviving spouse (including a remarried
surviving spouse) of the decedent, if the person presented a
flag under subparagraph (A) is other than the spouse.''; and
(3) by inserting at the end the following new paragraphs:
``(3) A flag to be presented to a person under subparagraph (B) or
(C) of paragraph (1) shall be of equal size to the flag presented under
subparagraph (A) of such paragraph to the person designated to direct
disposition of the remains of the decedent.
``(4) This subsection does not apply to a military prisoner who
dies while in the custody of the Secretary concerned and while under a
sentence that includes a discharge.
``(5) In this subsection, the term `parent' includes a natural
parent, a stepparent, a parent by adoption, or a person who for a
period of not less than one year before the death of the decedent stood
in loco parentis to the decedent. Preference under paragraph (1)(B)
shall be given to the persons who exercised a parental relationship at
the time of, or most nearly before, the death of the decedent.''.
(b) Repeal of Superseded Provisions.--Subsection (a) of such
section is amended by striking paragraphs (10) and (11).

SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR MILITARY SPOUSES.

(a) Employment and Career Opportunities for Spouses.--Subchapter I
of chapter 88 of title 10, United States Code, is amended by inserting
after section 1784 the following new section:
``Sec. 1784a. Education and training opportunities for military spouses
to expand employment and career opportunities
``(a) Programs and Tuition Assistance.--(1) The Secretary of
Defense may establish programs to assist the spouse of a member of the
armed forces described in subsection (b) in achieving--
``(A) the education and training required for a degree or
credential at an accredited college, university, or technical
school in the United States that expands employment and career
opportunities for the spouse; or
``(B) the education prerequisites and professional
licensure or credential required, by a government or government
sanctioned licensing body, for an occupation that expands
employment and career opportunities for the spouse.
``(2) As an alternative to, or in addition to, establishing a
program under this subsection, the Secretary may provide tuition
assistance to an eligible spouse who is pursuing education, training,
or a license or credential to expand the spouse's employment and career
opportunities.
``(b) Eligible Spouses.--Assistance under this section is limited
to a spouse of a member of the armed forces who is serving on active
duty.
``(c) Exceptions.--Subsection (b) does not include--
``(1) a person who is married to, but legally separated
from, a member of the armed forces under court order or statute
of any State or territorial possession of the United States;
and
``(2) a spouse of a member of the armed forces who is also
a member of the armed forces.
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations to govern the availability and use of assistance under this
section. The Secretary shall ensure that programs established under
this section do not result in inequitable treatment for spouses of
members of the armed forces who are also members, since they are
excluded from participation in the programs under subsection (c)(2).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1784 the following new item:

``1784a. Education and training opportunities for military spouses to
expand employment and career
opportunities.''.

SEC. 583. SENSE OF THE CONGRESS REGARDING HONOR GUARD DETAILS FOR
FUNERALS OF VETERANS.

It is the sense of the Congress that the Secretaries of the
military departments should, to the maximum extent practicable, provide
honor guard details for the funerals of veterans as is required under
section 1491 of title 10, United States Code, as added by section
567(b) of Public Law 105-261 (112 Stat. 2030).

Subtitle J--Other Matters

SEC. 591. INCLUSION OF RESERVES IN PROVIDING FEDERAL AID FOR STATE
GOVERNMENTS, ENFORCING FEDERAL AUTHORITY, AND RESPONDING
TO MAJOR PUBLIC EMERGENCIES.

(a) Federal Aid for State Governments.--Section 331 of title 10,
United States Code, is amended by striking ``armed forces, as he'' and
inserting ``armed forces (including units and members of the Army
Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and
Coast Guard Reserve ordered to active duty for this purpose), as the
President''.
(b) Enforcement of Federal Authority.--Section 332 of such title is
amended--
(1) by striking ``he may'' and inserting ``the President
may''; and
(2) by striking ``armed forces, as he'' and inserting
``armed forces (including units and members of the Army
Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve,
and Coast Guard Reserve ordered to active duty for this
purpose), as the President''.
(c) Response to Public Emergencies.--Section 333(a)(1) of such
title is amended by inserting after ``Federal service'' the following:
``and units and members of the Army Reserve, Navy Reserve, Air Force
Reserve, Marine Corps Reserve, and Coast Guard Reserve ordered to
active duty for this purpose''.

SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARISING FROM CORRECTION
OF MILITARY RECORDS.

(a) Interest Payable on Claims.--Subsection (c) of section 1552 of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(4) If the correction of military records under this section
involves setting aside a conviction by court-martial, the payment of a
claim under this subsection in connection with the correction of the
records shall include interest at not less than the rate of interest in
effect under section 1035 of this title at the time the payment is
made. The interest shall be calculated on an annual basis, and
compounded, using the amount of the lost pay, allowances, compensation,
emoluments, or other pecuniary benefits involved, and the amount of any
fine or forfeiture paid, beginning from the date of the conviction
through the date on which the payment is made.''.
(b) Conforming Amendment Regarding Corrections Board Authority to
Overturn Convictions.--Subsection (f) of such section is amended by
inserting ``convened after May 4, 1950, and'' after ``court-martial
cases''.
(c) Clerical Amendments.--Subsection (c) of such section is further
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by inserting ``(1)'' after ``(c)'';
(3) by striking ``If the claimant'' and inserting the
following:
``(2) If the claimant''; and
(4) by striking ``A claimant's acceptance'' and inserting
the following:
``(3) A claimant's acceptance''.
(d) Retroactive Effectiveness of Amendments.--The amendment made by
subsection (a) shall apply with respect to any sentence of a court-
martial set aside by a Corrections Board on or after October 1, 2007,
when the Corrections Board includes an order or recommendation for the
payment of a claim for the loss of pay, allowances, compensation,
emoluments, or other pecuniary benefits, or for the repayment of a fine
or forfeiture, that arose as a result of the conviction. In this
subsection, the term ``Corrections Board'' has the meaning given that
term in section 1557 of title 10, United States Code.

SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL OF
AGENCIES RESPONSIBLE FOR REVIEW AND CORRECTION OF
MILITARY RECORDS.

Section 1559(a) of title 10, United States Code, is amended by
striking ``October 1, 2008'' and inserting ``December 31, 2010''.

SEC. 594. AUTHORITY TO ORDER RESERVE UNITS TO ACTIVE DUTY TO PROVIDE
ASSISTANCE IN RESPONSE TO A MAJOR DISASTER OR EMERGENCY.

Section 12304(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' before ``The authority''; and
(3) by adding at the end the following new paragraph:
``(2) The authority under subsection (a) includes authority to
order any unit of the Selected Reserve of the Army Reserve, Navy
Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard
Reserve to active duty to provide assistance in responding to a major
disaster or emergency (as those terms are defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)).''.

SEC. 595. SENIOR MILITARY LEADERSHIP DIVERSITY COMMISSION.

(a) Establishment of Commission.--There is hereby established a
commission to be known as the ``Senior Military Leadership Diversity
Commission''.
(b) Composition.--
(1) Membership.--The commission shall be composed of 23
members, as follows:
(A) The Director of the Defense Manpower Management
Center.
(B) The Director of the Defense Equal Opportunity
Management Institute.
(C) 1 senior military leader from each of the Army,
Navy, Air Force, and Marine Corps who serves or has
served in a leadership position with either a military
department command or combatant command shall be
appointed by the Secretary of Defense.
(D) 1 retired general or flag officer from each of
the Army, Navy, Air Force, and Marine Corps shall be
appointed by the Secretary of Defense.
(E) 1 retired senior noncommissioned officer from
each of the Army, Navy, Air Force, and Marine Corps
shall be appointed by the Secretary of Defense.
(F) 5 retired senior officers who served in
leadership positions with either a military department
command or combatant command shall be appointed by the
Secretary of Defense, of which no less than 3 shall
represent the views of minority veterans.
(G) 4 individuals with expertise in cultivating
diverse leaders in private or non-profit organizations
shall be appointed by the Secretary of Defense.
(2) Chairman.--The Secretary of Defense shall designate one
member described in paragraphs (1)(F) or (1)(G) as chairman of
the commission.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the commission. Any vacancy in the
commission shall be filled in the same manner as the original
appointment.
(4) Deadline for appointment.--All members of the
commission shall be appointed not later than 60 days after the
date of the enactment of this Act.
(5) Quorum.--12 members of the commission shall constitute
a quorum but a lesser number may hold hearings.
(c) Meetings.--
(1) Initial meeting.--The commission shall conduct its
first meeting not later than 30 days after the date on which a
majority of the appointed members of the commission have been
appointed.
(2) Meetings.--The commission shall meet at the call of the
chairman.
(d) Duties.--
(1) Study.--The commission shall study the diversity within
the senior leadership of the Armed Forces. The study shall be a
comprehensive evaluation and assessment of policies that
provide opportunities for the advancement of minority members
of the Armed Forces.
(2) Scope of study.--In carrying out the study, the
commission shall examine the following:
(A) Efforts to develop and maintain diverse
leadership at all levels of the Armed Forces.
(B) The successes and failures of developing and
maintaining a diverse leadership, particularly at the
general and flag officer positions.
(C) The effect of expanding Department of Defense
secondary educational programs to diverse civilian
populations, to include service academy preparatory
schools.
(D) The ability of current recruitment and
retention practices to attract and maintain a diverse
pool of qualified individuals in sufficient numbers in
officer pre-commissioning programs.
(E) The ability of current activities to increase
continuation rates for ethnic and gender specific
members of the Armed Forces.
(F) The benefits of conducting an annual conference
attended by civilian military, active-duty and retired
military, and corporate leaders on diversity, to
include a review of current policy and the annual
demographic data from the Defense Equal Opportunity
Management Institute.
(G) The status of prior recommendations made to the
Department of Defense and to Congress concerning
diversity initiatives within the Armed Forces.
(H) The incorporation of private sector practices
that have been successful in cultivating diverse
leadership.
(I) The establishment and maintenance of fair
promotion and command opportunities for ethnic and
gender specific members of the Armed Forces at the O-5
grade level and above.
(J) An assessment of pre-command billet assignments
of ethnic-specific members of the Armed Forces.
(K) An assessment of command selection of ethnic-
specific members of the Armed Forces.
(3) Consultation with private parties.--In carrying out the
study under this subsection, the commission may consult with
appropriate private, for profit, and non-profit organizations
and advocacy groups to learn methods for developing,
implementing, and sustaining senior diverse leadership within
the Department of Defense.
(e) Reports.--
(1) In general.--Not later than 12 months after the date on
which the commission first meets, the commission shall submit
to the President and Congress a report on the study. The report
shall include the following--
(A) the findings and conclusions of the commission;
(B) the recommendations of the commission for
improving diversity within the Department of Defense;
and
(C) other information and recommendations the
commission considers appropriate.
(2) Interim reports.--The commission may submit to the
President and Congress interim reports as the Commission
considers appropriate.
(f) Powers of the Commission.--
(1) Hearings.--The commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the commission considers appropriate.
(2) Information from federal agencies.--Upon request by the
chairman of the commission, any department or agency of the
Federal Government may provide information that the commission
considers necessary to carry out its duties.
(g) Inclusion of Coast Guard in Senior Military Leadership
Diversity Commission.--
(1) Expansion of commission.--The commission shall include
two additional members, as follows:
(A) 1 retired flag officer of the Coast Guard
appointed by the Secretary of Homeland Security, in
consultation with the Commandant of the Coast Guard.
(B) 1 senior commissioned officer or
noncommissioned officer of the Coast Guard on active
duty appointed by the Secretary of Homeland Security,
in consultation with the Commandant of the Coast Guard.
(2) Armed forces defined.--In this section, the term
``Armed Forces'' means the Army, Navy, Air Force, Marine Corps,
and Coast Guard.
(h) Termination of Commission.--The commission shall terminate 60
days after the date on which the commission submits the report under
subsection (e)(1).

SEC. 596. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO COMBAT ZONES OF
DUAL-MILITARY COUPLES WHO HAVE MINOR DEPENDENTS.

(a) Authority to Obtain Deferment.--In the case of a member of the
Armed Forces with minor dependents who has a spouse who is also a
member of the Armed Forces, and the spouse is deployed in an area for
which imminent danger pay is authorized under section 310 of title 37,
United States Code, the member may request a deferment of a deployment
to such an area until the spouse returns from such deployment.
(b) Repeal of Limited Authority.--Section 586 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 11--181; 112
Stat. 132; 10 U.S.C. 991 note) is amended by striking the second
sentence.

SEC. 597. ADDITIONAL FUNDS TO CARRY OUT FUNERAL HONOR FUNCTIONS AT
FUNERALS FOR VETERANS.

(a) Additional Funds.--The amount made available in section 421 is
hereby increased by $3,000,000, of which $1,000,000 shall be available
to the Secretary of the Army, $1,000,000 shall be available to the
Secretary of the Navy, and $1,000,000 shall be available to the
Secretary of the Air Force to comply with the requirements of section
1491 of title 10, United States Code.
(b) Corresponding Offset.--The amount provided in section 201(1)
for research, development, test, and evaluation, Army, is hereby
reduced by $3,000,000, to be derived from the basic research under the
University Research Initiatives.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC PAY.

(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2009 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2009, the rates
of monthly basic pay for members of the uniformed services are
increased by 3.9 percent.

SEC. 602. PERMANENT PROHIBITION ON CHARGES FOR MEALS RECEIVED AT
MILITARY TREATMENT FACILITIES BY MEMBERS RECEIVING
CONTINUOUS CARE.

Section 402(h) of title 37, United States Code, is amended by
striking paragraph (3).

SEC. 603. EQUITABLE TREATMENT OF SENIOR ENLISTED MEMBERS IN COMPUTATION
OF BASIC ALLOWANCE FOR HOUSING.

Section 403(b)(2) of title 37, United States Code, is amended by
adding at the end the following new sentence: ``After June 30, 2009,
the determination of what constitutes adequate housing for members in
the pay grade E-8 with dependents shall be equivalent to the higher
standard in effect for members in the pay grade E-9 with dependents.''.

SEC. 604. INCREASE IN MAXIMUM AUTHORIZED PAYMENT OR REIMBURSEMENT
AMOUNT FOR TEMPORARY LODGING EXPENSES.

(a) Increase.--Section 404a(e) of title 37, United States Code, is
amended by striking ``$180 a day'' and inserting ``$290 a day''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2008.

SEC. 605. AVAILABILITY OF PORTION OF A SECOND FAMILY SEPARATION
ALLOWANCE FOR MARRIED COUPLES WITH DEPENDENTS.

(a) Availability.--Section 427(d) of title 37, United States Code,
is amended--
(1) by inserting ``(1)'' before ``A member'';
(2) by striking ``Section 421'' and inserting the
following:
``(3) Section 421'';
(3) by striking ``However'' and inserting ``Except as
provided in paragraph (2)''; and
(4) by inserting before paragraph (3), as so designated,
the following new paragraph:
``(2) If a married couple, both of whom are members of the
uniformed services, with dependents are simultaneously assigned to
duties described in subparagraph (A), (B), or (C) of subsection (a)(1)
and the members resided together with their dependents immediately
before their assignments, the Secretary concerned shall pay one of the
members the full amount of the monthly allowance specified in such
subsection and the other member one-half of the monthly allowance
amount until one of the members is no longer assigned to duties
described in such subparagraphs. Upon expiration of the partial
allowance, paragraph (1) shall continue to apply to the remaining
member so long as the member is assigned to duties described in
subparagraph (A), (B), or (C) of such subsection.''.
(b) Application of Amendment.--Paragraph (2) of subsection (d) of
section 427 of title 37, United States Code, as added by subsection
(a), shall apply with respect to members of the uniformed services
described in such paragraph who perform service covered by subparagraph
(A), (B), or (C) of subsection (a)(1) such section on or after October
1, 2008.

SEC. 606. STABILIZATION OF PAY AND ALLOWANCES FOR SENIOR ENLISTED
MEMBERS AND WARRANT OFFICERS APPOINTED AS OFFICERS AND
OFFICERS REAPPOINTED IN A LOWER GRADE.

(a) In General.--Section 907 of title 37, United States Code, is
amended to read as follows:
``Sec. 907. Members appointed or reappointed as officers: no reduction
in pay and allowances
``(a) Stabilization of Pay and Allowances.--A member of the armed
forces who accepts an appointment or reappointment as an officer
without a break in service shall, for service as an officer, be paid
the greater of--
``(1) the pay and allowances to which the officer is
entitled as an officer; or
``(2) the pay and allowances to which the officer would be
entitled if the officer were in the last grade the officer held
before the appointment or reappointment as an officer.
``(b) Covered Pays.--(1) Subject to paragraphs (2) and (3), for the
purposes of this section, the pay of a grade formerly held by an
officer described in subsection (a) include special and incentive pays
under chapter 5 of this title.
``(2) In determining the amount of the pay of a grade formerly held
by an officer, special and incentive pays may be considered only so
long as the officer continues to perform the duty that creates the
entitlement to, or eligibility for, that pay and would otherwise be
eligible to receive that pay in the former grade.
``(3) Special and incentive pays that are dependent on a member
being in an enlisted status may not be considered in determining the
amount of the pay of a grade formerly held by an officer.
``(c) Covered Allowances.--(1) Subject to paragraph (2), for the
purposes of this section, the allowances of a grade formerly held by an
officer described in subsection (a) include allowances under chapter 7
of this title.
``(2) The clothing allowance under section 418 of this title may
not be considered in determining the amount of the allowances of a
grade formerly held by an officer described in subsection (a) if the
officer is entitled to a uniform allowance under section 415 of this
title.
``(d) Rates of Pay and Allowances.--For the purposes of this
section, the rates of pay and allowances of a grade that an officer
formerly held are those rates that the officer would be entitled to had
the officer remained in that grade and continued to receive the
increases in pay and allowances authorized for that grade, as otherwise
provided in this title or other provisions of law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by striking the item relating to
section 907 and inserting the following new item:

``907. Members appointed or reappointed as officers: no reduction in
pay and allowances.''.

SEC. 607. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT PAYMENTS FOR
RESERVE COMPONENT MEMBERS EXPERIENCING EXTENDED AND
FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.

Section 910(g) of title 37, United States Code, is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.

SEC. 608. GUARANTEED PAY INCREASE FOR MEMBERS OF THE ARMED FORCES OF
ONE-HALF OF ONE PERCENTAGE POINT HIGHER THAN EMPLOYMENT
COST INDEX.

Section 1009(c)(2) of title 37, United States Code, is amended by
striking ``fiscal years 2004, 2005, and 2006'' and inserting ``fiscal
years 2010 through 2013''.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.

(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title
37, United States Code, is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.
(b) Selected Reserve Affiliation or Enlistment Bonus.--Section
308c(i) of such title is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(d) Ready Reserve Enlistment Bonus for Persons Without Prior
Service.--Section 308g(f)(2) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(e) Ready Reserve Enlistment and Reenlistment Bonus for Persons
With Prior Service.--Section 308h(e) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
(f) Selected Reserve Enlistment Bonus for Persons With Prior
Service.--Section 308i(f) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.

SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
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,
2008'' and inserting ``December 31, 2009''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended--
(1) by striking ``before'' and inserting ``on or before'';
and
(2) by striking ``January 1, 2009'' and inserting
``December 31, 2009''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2008'' and inserting ``December 31, 2009''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(e) of such title is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(h) Accession Bonus for Medical Officers in Critically Short
Wartime Specialties.--Section 302k(f) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
(i) Accession Bonus for Dental Specialist Officers in Critically
Short Wartime Specialties.--Section 302l(g) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.

SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR
OFFICERS.

(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(f) of title 37, United States Code, is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2008'' and inserting ``December
31, 2009''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.

SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE
37 BONUSES AND SPECIAL PAYS.

(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(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, 2008'' and inserting
``December 31, 2009''.
(d) Enlistment Bonus.--Section 309(e) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
(e) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(f) Incentive Bonus for Conversion to Military Occupational
Specialty to Ease Personnel Shortage.--Section 326(g) of such title is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(g) Accession Bonus for Officer Candidates.--Section 330(f) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(h) Retention Bonus for Members With Critical Military Skills or
Assigned to High Priority Units.--Section 355(i) of such title, as
redesignated by section 661(c) of the National Defense Authorization
Act for Fiscal Year 2008, is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.

SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL
BONUSES.

(a) Health Professions Referral Bonus.--Subsection (i) of section
1030 of title 10, United States Code, as added by section 671(b) of the
National Defense Authorization Act for Fiscal Year 2008, is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
(b) Army Referral Bonus.--Subsection (h) of section 3252 of title
10, United States Code, as added by section 671(a) of the National
Defense Authorization Act for Fiscal Year 2008, is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.

SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND AMOUNTS AUTHORIZED
UNDER NURSE OFFICER CANDIDATE ACCESSION PROGRAM.

(a) Accession Bonus.--Paragraph (1) of section 2130a(a) of title
10, United States Code, is amended--
(1) by striking ``$10,000'' and inserting ``$20,000''; and
(2) by striking ``$5,000'' and inserting ``$10,000''.
(b) Monthly Stipend.--Paragraph (2) of such section is amended by
striking ``$1,000'' and inserting ``$1,250''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.

SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCENTIVE PAY AGREEMENTS
FOR SERVICE.

Section 312(a)(3) of title 37, United States Code, is amended by
striking ``three, four, or five years'' and inserting ``not less than
three years''.

SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDATION OF SPECIAL PAY,
INCENTIVE PAY, AND BONUS AUTHORITIES OF THE UNIFORMED
SERVICES.

(a) Eligibility Requirements for Nuclear Officer Bonus and
Incentive Pay.--Section 333 of title 37, United States Code, is
amended--
(1) in subsection (a)(2), by striking ``and operational'';
and
(2) in subsection (b)(2), by striking ``and operational''.
(b) Relationship of Aviation Incentive Pay to Other Pay and
Allowances.--Section 334(f)(1) of such title is amended by striking
``section 351'' and inserting ``section 351(a)(2)''.
(c) Health Professions Incentive Pay.--Section 335(e)(1)(D)(i) of
such title is amended by striking ``dental surgeons'' and inserting
``dental officers''.
(d) No Pro-Rated Payment of Certain Hazardous Duty Pays.--Section
351(c) of such title is amended by striking ``subsection (a)'' and
inserting ``paragraph (1) or (3) of subsection (a)''.
(e) Availability of Hazardous Duty Pay.--Section 351(f) of such
title is amended--
(1) by striking ``in administering subsection (a)'' and
inserting ``in connection with determining whether a triggering
event has occurred for the provision of hazardous duty pay
under subsection (a)(1)''; and
(2) by striking the last sentence.
(f) Termination Provision for Hazardous Duty Pay.--Section 351(i)
of such title is amended by inserting before the period the following:
``, unless receipt of the hazardous duty pay is specified in an
agreement entered into between the member and the Secretary concerned
before that date''.

SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY BONUS
AUTHORITIES TO ENCOURAGE TRAINING IN CRITICAL FOREIGN
LANGUAGES AND FOREIGN CULTURAL STUDIES.

(a) Eligibility for Skill Proficiency Bonus.--Subsection (b) of
section 353 of title 37, United States Code, is amended to read as
follows:
``(b) Skill Proficiency Bonus.--
``(1) Availability; eligible persons.--The Secretary
concerned may pay a proficiency bonus to a member of a regular
or reserve component of the uniformed services who--
``(A) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title or is enrolled in an officer training program;
and
``(B) is determined to have, and maintains,
certified proficiency under subsection (d) in a skill
designated as critical by the Secretary concerned or is
in training to acquire proficiency in a critical
foreign language or expertise in foreign cultural
studies or a related skill designated as critical by
the Secretary concerned.
``(2) Inclusion of certain senior rotc members.--A
proficiency bonus may be paid under this subsection to a
student who is enrolled in the Senior Reserve Officers'
Training Corps program even though the student is in the first
year of the four-year course under the program. During the
period covered by the proficiency bonus, the student shall also
be entitled to a monthly subsistence allowance under section
209(c) of this title even though the student has not entered
into an agreement under section 2103a of title 10. However, if
the student receives incentive pay under subsection (g)(2) for
the same period, the student may receive only a single monthly
subsistence allowance under section 209(c) of this title.''.
(b) Availability of Incentive Pay for Participation in Foreign
Language Education or Training Programs.--Such section is further
amended--
(1) by redesignating subsections (g), (h), and (i) as
subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Foreign Language Studies in Officer Training Programs.--
``(1) Availability of incentive pay.--The Secretary
concerned may pay incentive pay to a person enrolled in an
officer training program to also participate in an education or
training program to acquire proficiency in a critical foreign
language or expertise in foreign cultural studies or a related
skill designated as critical by the Secretary concerned.
``(2) Inclusion of certain senior rotc members.--Incentive
pay may be paid under this subsection to a student who is
enrolled in the Senior Reserve Officers' Training Corps program
even though the student is in the first year of the four-year
course under the program. While the student receives the
incentive pay, the student shall also be entitled to a monthly
subsistence allowance under section 209(c) of this title even
though the student has not entered into an agreement under
section 2103a of title 10. However, if the student receives a
proficiency bonus under subsection (b)(2) covering the same
month, the student may receive only a single monthly
subsistence allowance under section 209(c) of this title.
``(3) Critical foreign language defined.--In this section,
the term `critical foreign language' includes Arabic, Korean,
Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian,
Russian, Portuguese, or other language designated as critical
by the Secretary concerned.''.
(c) Pilot Program for Foreign Language Proficiency Training for
Reserve Members.--
(1) Pilot program required.--The Secretary of Defense shall
conduct a pilot program to provide a skill proficiency bonus
under section 353(b) of title 37, United States Code, to a
member of a reserve component of the uniformed services who is
entitled to compensation under section 206 of such title while
the member participates in an education or training program to
acquire proficiency in a critical foreign language or expertise
in foreign cultural studies or a related skill designated as
critical under such section 353.
(2) Duration of pilot program.--The Secretary shall conduct
the pilot program during the period beginning on October 1,
2008, and ending on December 31, 2013. Incentive pay may not be
provided under the pilot program after December 31, 2013.
(3) Reporting requirement.--Not later than March 31, 2012,
the Secretary shall submit to Congress a report containing the
results of the pilot program and the recommendations of the
Secretary regarding whether to continue or expand the pilot
program.
(d) Expedited Implementation.--Notwithstanding section 662 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a
military department may immediately implement the amendments made by
subsections (a) and (b) in order to ensure the prompt availability of
proficiency bonuses and incentive pay under section 353 of title 37,
United States Code, as amended by such subsections, for persons
enrolled in officer training programs.

SEC. 620. TEMPORARY TARGETED BONUS AUTHORITY TO INCREASE DIRECT
ACCESSIONS OF OFFICERS IN CERTAIN HEALTH PROFESSIONS.

(a) Designation of Critically Short Wartime Health Specialties.--
For purposes of section 335 of title 37, United States Code, as added
by section 661 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181), the following health professions are
designated as a critically short wartime specialty under subsection
(a)(2) of such section:
(1) Psychologists who have been awarded a diploma as a
Diplomate in Psychology by the American Board of Professional
Psychology and are fully licensed and such other mental health
practitioners as the Secretary concerned determines to be
necessary.
(2) Registered nurses.
(b) Special Agreement Authority.--Under the authority provided by
this section, the Secretary concerned may enter into an agreement under
subsection (f) of section 335 of title 37, United States Code, to pay a
health professions bonus under such section to a person who accepts a
commission or appointment as an officer and whose health profession
specialty is specified in subsection (a).
(c) Effective Period.--This section shall take effect on October 1,
2008. The designations made by subsection (a) and the authority to
enter into an agreement under subsection (b) expire on September 30,
2010.

Subtitle C--Travel and Transportation Allowances

SEC. 631. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION OF BAGGAGE AND
HOUSEHOLD EFFECTS FOR CERTAIN ENLISTED MEMBERS.

(a) Allowance.--The table in section 406(b)(1)(C) of title 37,
United States Code, is amended by striking the items relating to pay
grades E-5 through E-9 and inserting the following new items:

------------------------------------------------------------------------
Pay Grade Without Dependents With Dependents
------------------------------------------------------------------------
``E-9 13,500 15,500
E-8 12,500 14,500
E-7 11,500 13,500
E-6 8,500 11,500
E-5 7,500 9,500''.
------------------------------------------------------------------------

(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2008.

SEC. 632. ADDITIONAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF MATERIALS
ASSOCIATED WITH EMPLOYMENT OF A MEMBER'S SPOUSE OR
COMMUNITY SUPPORT VOLUNTEER OR CHARITY ACTIVITIES.

(a) Additional Weight Allowance.--Section 406(b)(1) of title 37,
United States Code, is amended by adding at the end the following new
subparagraph:
``(H) In connection with a change of permanent station of a member,
the Secretary concerned shall increase the weight allowance otherwise
applicable under subparagraph (C) for the member by 200 pounds for the
purpose of facilitating the shipment of materials associated with the
employment of the member's spouse or community support volunteer or
charity activities of the member and any dependents of the member.''.

SEC. 633. TRANSPORTATION OF FAMILY PETS DURING EVACUATION OF
NONESSENTIAL PERSONNEL.

Section 406(b)(1) of title 37, United States Code, is amended by
inserting after subparagraph (H), as added by section 632, the
following new subparagraph:
``(I) In connection with an evacuation from a permanent station
located in a foreign area, a member is entitled to transportation of
not more than two family household pets, including shipment and the
payment of quarantine fees, if any. As an alternative to the provision
of transportation for the pets, the Secretary concerned may reimburse
the member or provide a monetary allowance under subparagraph (F) if
other commercial transportation means are used. A member is not
entitled to transportation under this subparagraph for horses,
livestock, or pets weighing in excess of 150 pounds or for animals that
the Secretary concerned determines are exotic pets or endangered
species.''.

Subtitle D--Retired Pay and Survivor Benefits

SEC. 641. EQUITY IN COMPUTATION OF DISABILITY RETIRED PAY FOR RESERVE
COMPONENT MEMBERS WOUNDED IN ACTION.

Section 1208(b) of title 10, United States Code, is amended--
(1) by striking ``A member'' and inserting ``(1) Except as
provided in paragraph (2), a member''; and
(2) by adding at the end the following new paragraph:
``(2) If a member of the uniformed services who is not a member of
a regular component is retired under this chapter or is placed on the
temporary disability retired list under this chapter because of a
disability incurred after the date of the enactment of this paragraph
for which the member is awarded the Purple Heart, the member shall be
credited, for the purposes of this chapter, with the number of years of
service that would be counted if computing the member's years of
service under section 12732 of this title.''.

SEC. 642. EFFECT OF TERMINATION OF SUBSEQUENT MARRIAGE ON PAYMENT OF
SURVIVOR BENEFIT PLAN ANNUITY TO SURVIVING SPOUSE OR
FORMER SPOUSE WHO PREVIOUSLY TRANSFERRED ANNUITY TO
DEPENDENT CHILDREN.

Section 1450(b)(3) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``The payment of an
annuity to a surviving spouse or former spouse under this paragraph
shall be resumed even though the surviving spouse or former spouse
previously transferred the annuity to a child or children under section
1448(d)(2)(B) of this title if, when the marriage is so terminated, the
child or children, due to loss of dependent status, death, or other
cause, are no longer eligible for the annuity under such section.''.

SEC. 643. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE ON ACTIVE
DUTY OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS
AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET
FOR DEPENDENCY AND INDEMNITY COMPENSATION.

(a) Extension.--Subsection (m) of section 1450 of title 10, United
States Code, as added by section 644 of the National Defense
Authorization Act for Fiscal Year 2008, is amended in paragraph (1)(B)
by striking ``section 1448(a)(1) of this title'' and inserting
``subsection (a)(1) of section 1448 of this title or by reason of
coverage under subsection (d) of such section''.
(b) Application of Amendment.--The amendment made by subsection (a)
shall apply with respect to the month beginning on October 1, 2008, and
subsequent months as provided by paragraph (6) of subsection (m) of
section 1450 of title 10, United States Code, as added by section 644
of the National Defense Authorization Act for Fiscal Year 2008.

SEC. 644. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR SERVICE UPON
RETIREMENT FOR SERVICE IN AN ACTIVE RESERVE STATUS
PERFORMED AFTER ATTAINING ELIGIBILITY FOR REGULAR
RETIREMENT.

(a) Election Authority; Requirements.--Subsection (a) of section
12741 of title 10, United States Code, is amended to read as follows:
``(a) Authority to Elect to Receive Reserve Retired Pay.--(1) A
person may elect to receive retired pay under this chapter, instead of
receiving retired or retainer pay under chapter 65, 367, 571, or 867 of
this title, if--
``(A) the person satisfies the requirements specified in
paragraphs (1) and (2) of section 12731(a) of this title for
entitlement to retired pay under this chapter;
``(B) the person served in an active status in the Selected
Reserve of the Ready Reserve after becoming eligible for
retirement under chapter 65, 367, 571, or 867 of this title
(without regard to whether the person actually retired or
received retired or retainer pay under one of those chapters);
``(C) the person completed not less than two years of
service in such active status (excluding any period of active
service); and
``(D) the service of the person in such active status is
determined by the Secretary concerned to have been
satisfactory.
``(2) The Secretary concerned may reduce the two-year service
requirement specified in paragraph (1)(C) in the case of a person who--
``(A) completed at least six months of service in a
position of adjutant general required under section 314 of
title 32 or in a position of assistant adjutant general
subordinate to such a position of adjutant general; and
``(B) failed to complete the minimum two years of service
solely because the appointment of the person to such position
was terminated or vacated as described in section 324(b) of
title 32.''.
(b) Actions to Effectuate Election.--Subsection (b) of such section
is amended by striking paragraph (1) and inserting the following new
paragraph:
``(1) terminate the eligibility of the person to retire
under chapter 65, 367, 571, or 867 of this title, if the person
is not already retired under one of those chapters, and
terminate entitlement of the person to retired or retainer pay
under one of those chapters, if the person was already
receiving retired or retainer pay under one of those chapters;
and''.
(c) Conforming Amendment to Reflect New Variable Age Requirement
for Retirement.--Subsection (d) of such section is amended--
(1) in paragraph (1), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable to
the person under section 12731(f) of this title''; and
(2) in paragraph (2)(A), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable to
the person under such section''.
(d) Repeal of Restriction on Election to Receive Reserve Retired
Pay.--Section 12731(a) of such title is amended--
(1) by inserting ``and'' at the end of paragraph (2);
(2) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(3) by striking paragraph (4).
(e) Clerical Amendments.--
(1) Section heading.--The heading for section 12741 of such
title is amended to read as follows:
``Sec. 12741. Retirement for service in an active status performed in
the Selected Reserve of the Ready Reserve after
eligibility for regular retirement''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1223 of such title is amended by striking
the item relating to section 12741 and inserting the following
new item:

``12741. Retirement for service in an active status performed in the
Selected Reserve of the Ready Reserve after
eligibility for regular retirement.''.
(f) Retroactive Applicability.--The amendments made by this section
shall take effect as of January 1, 2008.

SEC. 645. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF RETIRED GRADE
OF RESERVE RETIREES TO REFLECT SERVICE AFTER RETIREMENT.

(a) Recomputation.--Section 10145 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(e)(1) If a member of the Retired Reserve is recalled to an
active status under subsection (d) in the Selected Reserve of the Ready
Reserve and completes not less than two years of service in such active
status, the member is entitled to--
``(A) the recomputation of the retired pay of the member
determined under section 12739 of this title; and
``(B) in the case of a commissioned officer, an adjustment
in the retired grade of the member in the manner provided in
section 1370 of this title.
``(2) The Secretary concerned may reduce the two-year service
requirement specified in paragraph (1) in the case of a member who--
``(A) is recalled to serve in a position of adjutant
general required under section 314 of title 32 or in a position
of assistant adjutant general subordinate to such a position of
adjutant general;
``(B) completes at least six months of service in such
position; and
``(C) fails to complete the minimum two years of service
solely because the appointment of the member to such position
is terminated or vacated as described in section 324(b) of
title 32.''.
(b) Retroactive Applicability.--The amendment made by this section
shall take effect as of January 1, 2008.

SEC. 646. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR BENEFIT PLAN
ANNUITIES DUE TO PHASED ELIMINATION OF TWO-TIER ANNUITY
COMPUTATION AND SUPPLEMENTAL ANNUITY.

Effective as of October 28, 2004, and as if included therein as
enacted, section 644(c) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
1961; 19 U.S.C. 1450 note) is amended by adding at the end the
following new paragraph:
``(3) Savings provision.--If, as a result of the
recomputation of annuities under section 1450 of title 10,
United States Code, and supplemental survivor annuities under
section 1457 of such title, as required by paragraph (1), the
total amount of both annuities to be paid to an annuitant for a
month would be less (because of the offset required by section
1450(c) of such title for dependency and indemnity
compensation) than the amount that would be paid to the
annuitant in the absence of recomputation, the Secretary of
Defense shall take such actions as are necessary to adjust the
annuity amounts to eliminate the reduction.''.

SEC. 647. PRESUMPTION OF DEATH FOR PARTICIPANTS IN SURVIVOR BENEFIT
PLAN IN MISSING STATUS.

(a) Conditions on Presumption.--In the case of a participant in the
Survivor Benefit Plan who has been determined by the Secretary of State
to have been kidnapped in Iraq or Afghanistan on or after August 1,
2007, the Secretary of a military department may not make a
determination under section 1450(l) of title 10, United States Code,
that the participant is missing, with the presumption of death, until
the earlier of--
(1) a period of at least 7 years expires after the date of
the determination of the Secretary of State; or
(2) the date on which the participant is confirmed dead and
a death certificate is delivered to the next of kin of the
participant.
(b) Resumption of Retired Pay; Payment of Back Pay.--In the case of
a participant in the Survivor Benefit Plan described in subsection (a)
who was presumed to be dead before the date of the enactment of this
Act under section 1450(l) of title 10, United States Code, the
Secretary of a military department concerned shall--
(1) resume payment of any retired pay to which the
participant is entitled to as a retired member of the Armed
Forces pending satisfaction of the conditions specified in
subsection (a); and
(2) pay retired pay for periods occurring before the date
of the enactment of this Act for which retired pay was not paid
because of the presumption of death.

SEC. 648. ELIGIBILITY FOR DISABILITY RETIRED PAY AND SEPARATION PAY OF
CERTAIN FORMER CADETS AND MIDSHIPMEN WITH PRIOR ENLISTED
SERVICE.

Section 1217(a) of title 10, United States Code, is amended by
striking ``incurred after October 28, 2004.'' and inserting
``incurred--
``(1) after October 28, 2004; or
``(2) after January 1, 2000, in the case of a cadet or
midshipman who was discharged from an enlisted grade in order
to accept an appointment as a cadet or midshipman.''.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations

SEC. 651. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM TEMPORARY
COMMISSARY INITIATIVES FOR RESERVE COMPONENTS AND RETIRED
MEMBERS.

Section 2484(h) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(2) in such paragraph (4), as so redesignated, by striking
``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or
(3)''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) The Secretary of Defense may use the proceeds derived from
surcharges imposed under subsection (d) in connection with sales of
commissary merchandise through initiatives described in subparagraph
(B) to offset the cost of such initiatives.
``(B) Subparagraph (A) applies with respect to initiatives,
utilizing temporary and mobile equipment, intended to provide members
of reserve components, Retired members, and other persons eligible for
commissary benefits, but without reasonable access to commissary
stores, improved access to commissary merchandise.''.

SEC. 652. REQUIREMENTS FOR PRIVATE OPERATION OF COMMISSARY STORE
FUNCTIONS.

Section 2485(a)(2) of title 10, United States Code, is amended in
the last sentence by striking ``December 31, 2008'' and inserting
``December 31, 2013''.

SEC. 653. ADDITIONAL EXCEPTION TO LIMITATION ON USE OF APPROPRIATED
FUNDS FOR DEPARTMENT OF DEFENSE GOLF COURSES.

Section 2491a of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) of subsection (b) as
subsection (c) and, in such subsection (as so redesignated)--
(A) by inserting ``Regulations.--'' before ``The
Secretary''; and
(B) by striking ``this subsection'' and inserting
``subsection (b)''; and
(2) by inserting after paragraph (1) of subsection (b) the
following new paragraph:
``(2) Subsection (a) does not apply to the purchase and maintenance
of specialized golf carts designed to accommodate persons with
disabilities and the use of the golf carts at a facility or
installation where the Secretary determines the golf carts can be
safely operated.''.

SEC. 654. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR RENTAL OF
SEXUALLY EXPLICIT MATERIAL ON MILITARY INSTALLATIONS.

(a) Establishment of Resale Activities Review Board.--Section 2495b
of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Resale Activities Review Board.--(1) The Secretary of Defense
shall establish a nine-member board to make recommendations to the
Secretary regarding whether material sold or rented, or proposed for
sale or rental, on property under the jurisdiction of the Department of
Defense is barred from sale or rental by subsection (a).
``(2)(A) The Secretary of Defense shall appoint six members of the
board to broadly represent the interests of the patron base served by
the defense commissary system and the exchange system. The Secretary
shall appoint one of the members to serve as the chairman of the board.
At least one member appointed under this subparagraph shall be a person
with experience managing or advocating for military family programs and
who is also an eligible patron of the defense commissary system and the
exchange system.
``(B) The Secretary of each of the military departments shall
appoint one member of the board.
``(C) A vacancy on the board shall be filled in the same manner as
the original appointment.
``(3) The Secretary of Defense may detail persons to serve as staff
for the board. At a minimum, the Secretary shall ensure that the board
is assisted at meetings by military resale and legal advisors.
``(4) The recommendations made by the board under paragraph (1)
shall be made available to the public. The Secretary of Defense shall
publicize the availability of such recommendations by such means as the
Secretary considers appropriate.
``(5) Members of the board shall be allowed travel expense,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5 while
away from their homes or regular places of business in the performance
of services for the board.''.
(b) Deadline for Establishment and Initial Meeting.--
(1) Establishment.--The board required by subsection (c) of
section 2495b of title 10, United States Code, as added by
subsection (a), shall be established, and its initial nine
members appointed, not later than 120 days after the date of
the enactment of this Act.
(2) Meetings.--The board shall conduct an initial meeting
within one year after the date of the appointment of the
initial members of the board. At the discretion of the board,
the board may consider all materials previously reviewed under
such section as available for reconsideration for a minimum of
180 days following the initial meeting of the board.

SEC. 655. REQUIREMENT TO BUY MILITARY DECORATIONS, RIBBONS, BADGES,
MEDALS, INSIGNIA, AND OTHER UNIFORM ACCOUTERMENTS
PRODUCED IN THE UNITED STATES.

(a) Requirement.--Subchapter III of chapter 147 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2495c. Requirement to buy military decorations and other uniform
accouterments from American sources; exceptions
``(a) Buy-American Requirement.--A military exchange store or other
nonappropriated fund instrumentality of the Department of Defense may
not purchase for resale any military decorations, ribbons, badges,
medals, insignia, and other uniform accouterments that are not produced
in the United States.
``(b) Exception.--Subsection (a) does not apply to the extent that
the Secretary of Defense determines that--
``(1) a satisfactory quality and sufficient quantity of an
item covered by such subsection and produced in the United
States cannot be procured; or
``(2) the purchase of the item produced outside the United
States is in the best interests of members of the armed forces.
``(c) Congressional Notification.--As soon as practicable after an
exception is granted under subsection (b), the Secretary of Defense
shall submit to Congress a report explaining the reasons for the
exception.
``(d) United States Defined.--In this section, the term `United
States' includes the Commonwealth of Puerto Rico, Guam, the United
States Virgin Islands, the Commonwealth of the Northern Mariana
Islands, American Samoa, and any other territory or possession of the
United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:

``2495c. Requirement to buy military decorations and other uniform
accouterments from American sources;
exceptions.''.

SEC. 656. USE OF APPROPRIATED FUNDS TO PAY POST ALLOWANCES OR OVERSEAS
COST OF LIVING ALLOWANCES TO NONAPPROPRIATED FUND
INSTRUMENTALITY EMPLOYEES SERVING OVERSEAS.

(a) Authority to Use Appropriated Funds.--Chapter 81 of title 10,
United States Code, is amended by inserting after section 1587a the
following new section:
``Sec. 1587b. Employees of nonappropriated fund instrumentalities:
payment of overseas post allowances or overseas cost of
living allowances
``(a) Use of Appropriated Funds to Pay Allowances.--Subject to the
availability of appropriated funds for this purpose, the Secretary of
Defense may pay post allowances or cost of living allowances to an
nonappropriated fund instrumentality employee who is a citizen of the
United States and is employed in a full-time position at a location
outside of the continental United States.
``(b) Duration.--The Secretary of Defense may use the authority
provided by this section to pay post allowances or cost of living
allowances that have been due to an nonappropriated fund
instrumentality employee or former employee since December 1, 2001, but
have not been previously paid. No allowance may be provided under this
section after December 31, 2011.
``(c) Definitions.--In this section:
``(1) The term `nonappropriated fund instrumentality
employee' has the meaning given that term in section 1587 of
this title.
``(2) The term `continental United States' means the 48
contiguous States and the District of Columbia.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1587a the following new item:

``1587b. Employees of nonappropriated fund instrumentalities: payment
of overseas post allowances or overseas
cost of living allowances.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.

SEC. 657. STUDY REGARDING SALE OF ALCOHOLIC WINE AND BEER IN COMMISSARY
STORES IN ADDITION TO EXCHANGE STORES.

(a) Study Required.--The Secretary of Defense shall conduct a study
evaluating the propriety, patron convenience, and financial utility of
including alcoholic wine and beer as an authorized commissary
merchandise category for sale in, at, or by commissary stores.
(b) Pilot Program.--
(1) Authorized.--In connection with the study required by
subsection (a), the Secretary may conduct a pilot program
involving the sale of alcoholic wine and beer in commissary
stores if the Secretary determines that such a pilot program
would be useful in making the evaluations required by such
subsection.
(2) Scope.-- If the Secretary determines that the pilot
program would be useful, the Secretary shall conduct the pilot
program at a minimum of 10 locations for a period of not less
than four months nor greater than one year.
(c) Report.--Within 120 days after completion of the study required
in subsection (a), the Secretary shall submit to Congress a report
containing the findings and recommendations of the Secretary developed
as a result of the study and the results of the pilot program, if
conducted under subsection (b). The Secretary may delay the submission
of the report pending the conclusion of the pilot program.

Subtitle F--Other Matters

SEC. 661. BONUS TO ENCOURAGE ARMY PERSONNEL AND OTHER PERSONS TO REFER
PERSONS FOR ENLISTMENT IN THE ARMY.

(a) Availability of Bonus to Trained Civilians.--Subsection (a)(2)
of section 3252 of title 10, United States Code, is amended by adding
at the end the following new subparagraph:
``(F) A member of the general public who has completed a
training course provided by the Secretary, directly or through
an entity contracted to provide such training, regarding the
appropriate procedures used to recruit persons for enlistment
in the Army.''.
(b) Time for Payment of Bonus.--Subsection (b) of such section is
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) when the individual concerned contacts an entity
contracted to recruit persons for enlistment in the Army.''.
(c) Payment Methods.--Such section is further amended--
(1) in subsection (d), by striking the second sentence; and
(2) by striking subsection (e) and inserting the following
new subsection:
``(e) Payment Methods.--At the discretion of the Secretary, a bonus
payable for a referral of a person under subsection (a) may be paid--
``(1) directly to the individual referred to in subsection
(b) making the referral; or
``(2) through an entity contracted to make bonus payments
under this section.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 3252. Bonus to encourage Army personnel and other persons to
refer persons for enlistment in the Army''.
(2) Table of sections.--The table of sections at the
beginning of chapter 333 of such title is amended by striking
the item relating to section 3252 and inserting the following
new item:

``3252. Bonus to encourage Army personnel and other persons to refer
persons for enlistment in the Army.''.

SEC. 662. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR BENEFITS
FOR MEMBERS OF THE UNIFORMED SERVICES WHO DIE, ARE
SEPARATED OR RETIRED FOR DISABILITY, OR MEET OTHER
CRITERIA.

(a) Discretion to Provide Exception to Termination and Repayment
Requirements Under Certain Circumstances.--Section 303a(e) of title 37,
United States Code, is amended--
(1) in the subsection heading, by inserting ``; Termination
of Entitlement to Unpaid Amounts'' after ``Met'';
(2) in paragraph (1)--
(A) by striking ``A member'' and inserting ``(A)
Except as provided in paragraph (2), a member''; and
(B) by striking ``the requirements, except in
certain circumstances authorized by the Secretary
concerned.'' and inserting ``the eligibility
requirements and may not receive any unpaid amounts of
the bonus or similar benefit after the member fails to
satisfy the requirements, unless the Secretary
concerned determines that the imposition of the
repayment requirement and termination of the payment of
unpaid amounts of the bonus or similar benefit with
regard to the member would be contrary to a personnel
policy or management objective, would be against equity
and good conscience, or would be contrary to the best
interests of the United States.''; and
(3) by redesignating paragraph (2) as subparagraph (B) of
paragraph (1).
(b) Mandatory Payment of Unpaid Amounts Under Certain
Circumstances; No Repayment of Unearned Amounts.--Section 303a(e) of
title 37, United States Code, is amended by inserting after paragraph
(1), as amended by subsection (a), the following new paragraph (2):
``(2)(A) If a member of the uniformed services dies (other than as
a result the member's misconduct) or is retired or separated for
disability under chapter 61 of title 10, the Secretary concerned--
``(i) shall not require repayment by the member or the
member's estate of the unearned portion of any bonus or similar
benefit previously paid to the member; and
``(ii) shall require the payment to the member or the
member's estate of the remainder of any bonus or similar
benefit that was not yet paid to the member, but to which the
member was entitled immediately before the death, retirement,
or separation of the member, and would be paid if not for the
death, retirement, or separation of the member.
``(B) The amount to be paid under subparagraph (A)(ii) shall be
equal to the full amount specified by the agreement or contract
applicable to the bonus or similar benefit as if the member continued
to be entitled to the bonus or similar benefit following the death,
retirement, or separation.
``(C) Amounts to be paid to a member or the member's estate under
subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days
after the date of the death, retirement, or separation of the member,
whichever applies.''.
(c) Conforming Amendments Reflecting Consolidated Special Pay and
Bonus Authorities.--
(1) Conforming amendments.--Section 373 of title 37, United
States Code, as added by section 661 of the National Defense
Authorization Act for Fiscal Year 2008, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by inserting
``and Termination'' after ``Repayment''; and
(ii) by inserting before the period at the
end the following: ``, and the member may not
receive any unpaid amounts of the bonus,
incentive pay, or similar benefit after the
member fails to satisfy such service or
eligibility requirement''; and
(B) by striking subsection (b) and inserting the
following new subsection:
``(b) Exceptions.--
``(1) Discretion to provide exception to termination and
repayment requirements.--Pursuant to the regulations prescribed
to administer this section, the Secretary concerned may grant
an exception to the repayment requirement and requirement to
terminate the payment of unpaid amounts of a bonus, incentive
pay, or similar benefit if the Secretary concerned determines
that the imposition of the repayment and termination
requirements with regard to a member of the uniformed services
would be contrary to a personnel policy or management
objective, would be against equity and good conscience, or
would be contrary to the best interests of the United States.
``(2) Mandatory payment of unpaid amounts under certain
circumstances; no repayment of unearned amounts.--(A) If a
member of the uniformed services dies (other than as a result
the member's misconduct) or is retired or separated for
disability under chapter 61 of title 10, the Secretary
concerned--
``(i) shall not require repayment by the member or
the member's estate of the unearned portion of any
bonus, incentive pay, or similar benefit previously
paid to the member; and
``(ii) shall require the payment to the member or
the member's estate of the remainder of any bonus,
incentive pay, or similar benefit that was not yet paid
to the member, but to which the member was entitled
immediately before the death, retirement, or separation
of the member, and would be paid if not for the death,
retirement, or separation of the member.
``(B) The amount to be paid under subparagraph (A)(ii)
shall be equal to the full amount specified by the agreement or
contract applicable to the bonus, incentive pay, or similar
benefit as if the member continued to be entitled to the bonus,
incentive pay, or similar benefit following the death,
retirement, or separation.
``(C) Amounts to be paid to a member or the member's estate
under subparagraph (A)(ii) shall be paid in a lump sum not
later than 90 days after the date of the death, retirement, or
separation of the member, whichever applies.''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or
similar benefit, and termination of remaining payments,
when conditions of payment not met''.
(B) Table of contents.--The table of sections at
the beginning of chapter 5 of title 37, United States
Code, is amended by striking the item relating to
section 373 and inserting the following new item:

``373. Repayment of unearned portion of bonus, incentive pay, or
similar benefit, and termination of
remaining payments, when conditions of
payment not met.''.

SEC. 663. PROVIDING INJURED MEMBERS OF THE ARMED FORCES INFORMATION
CONCERNING BENEFITS.

Section 1651 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 476; 10 U.S.C. 1071 note) is
amended to read as follows:

``SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON COMPENSATION
AND BENEFITS AVAILABLE FOR SERIOUS INJURIES AND
ILLNESSES.

``(a) Information on Available Compensation and Benefits.--Not
later than March 31, 2009, the Secretary of Defense shall develop and
maintain a comprehensive description of the compensation and other
benefits to which a member of the Armed Forces, and the family of such
member, would be entitled upon the separation or retirement of the
member from the Armed Forces as a result of a serious injury or
illness. Such description shall be published--
``(1) in a handbook; and
``(2) on a publically available, searchable Internet
website or comparable successor facility.
``(b) Contents.--The comprehensive description shall include the
following:
``(1) The range of compensation and benefits based on
grade, length of service, degree of disability at separation or
retirement, and other factors affecting compensation and
benefits as the Secretary considers appropriate.
``(2) Information concerning the Disability Evaluation
System of each military department, including--
``(A) an explanation of the process of the
Disability Evaluation System;
``(B) a general timeline of the process of the
Disability Evaluation System;
``(C) the role and responsibilities of the military
department throughout the process of the Disability
Evaluation System; and
``(D) the role and responsibilities of a member of
the Armed Forces throughout the process of the
Disability Evaluation System.
``(3) Benefits administered by the Department of Veterans
Affairs that a member of the Armed Forces would be entitled
upon the separation or retirement from the Armed Forces as a
result of a serious injury or illness.
``(4) A list of State veterans service organizations and
their contact information and Internet website addresses.
``(c) Consultation.--The Secretary of Defense shall develop and
maintain the comprehensive description required by subsection (a) in
consultation with the Secretary of Veterans Affairs, the Secretary of
Health and Human Services, and the Commissioner of Social Security.
``(d) Update.--The Secretary of Defense shall update--
``(1) the handbook on a periodic basis, but not less often
than annually; and
``(2) the Internet website or comparable successor facility
immediately after any change has been made to the compensation
or other benefits described in subsection (a).
``(e) Provision to Members.--The Secretary of the military
department concerned shall provide the handbook to each member of the
Armed Forces under the jurisdiction of that Secretary as soon as
practicable following an injury or illness for which the member may
retire or separate from the Armed Forces.
``(f) Provision to Representatives.--If a member is incapacitated
or otherwise unable to receive the handbook, the handbook shall be
provided to the next of kin or a legal representative of the member, as
determined in accordance with regulations prescribed by the Secretary
of the military department concerned for purposes of this section.''.

SEC. 664. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES
SERVING IN IRAQ OR AFGHANISTAN.

(a) Availability of Postal Benefits.--The Secretary of Defense, in
consultation with the United States Postal Service, shall provide for a
program under which postal benefits are provided to qualified
individuals in accordance with this section.
(b) Qualified Individual.--In this section, the term ``qualified
individual'' means a member of the Armed Forces on active duty (as
defined in section 101 of title 10, United States Code) who--
(1) is serving in Iraq or Afghanistan; or
(2) is hospitalized at a facility under the jurisdiction of
the Department of Defense as a result of a disease or injury
incurred as a result of service in Iraq or Afghanistan.
(c) Postal Benefits Described.--
(1) Vouchers.--The postal benefits provided under the
program shall consist of such coupons or other similar evidence
of credit, whether in printed, electronic, or other format (in
this section referred to as a ``voucher''), as the Secretary of
Defense, in consultation with the Postal Service, shall
determine, which entitle the bearer or user to make qualified
mailings free of postage.
(2) Qualified mailing.--In this section, the term
``qualified mailing'' means the mailing of a single mail piece
which--
(A) is first-class mail (including any sound- or
video-recorded communication) not exceeding 13 ounces
in weight and having the character of personal
correspondence or parcel post not exceeding 10 pounds
in weight;
(B) is sent from within an area served by a United
States post office; and
(C) is addressed to a qualified individual.
(3) Coordination rule.--Postal benefits under the program
are in addition to, and not in lieu of, any reduced rates of
postage or other similar benefits which might otherwise be
available by or under law, including any rates of postage
resulting from the application of section 3401(b) of title 39,
United States Code.
(d) Number of Vouchers.--A member of the Armed Forces shall be
eligible for one voucher for every second month in which the member is
a qualified individual.
(e) Limitations on Use; Duration.--A voucher may not be used--
(1) for more than a single qualified mailing; or
(2) after the earlier of--
(A) the expiration date of the voucher, as
designated by the Secretary of Defense; or
(B) the end of the one-year period beginning on the
date on which the regulations prescribed under
subsection (f) take effect.
(f) Regulations.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense (in consultation with
the Postal Service) shall prescribe such regulations as may be
necessary to carry out the program, including--
(1) procedures by which vouchers will be provided or made
available in timely manner to qualified individuals; and
(2) procedures to ensure that the number of vouchers
provided or made available with respect to any qualified
individual complies with subsection (d).
(g) Transfers to Postal Service.--
(1) Based on estimates.--The Secretary of Defense shall
transfer to the Postal Service, out of amounts available to
carry out the program and in advance of each calendar quarter
during which postal benefits may be used under the program, an
amount equal to the amount of postal benefits that the
Secretary estimates will be used during such quarter, reduced
or increased (as the case may be) by any amounts by which the
Secretary finds that a determination under this section for a
prior quarter was greater than or less than the amount finally
determined for such quarter.
(2) Based on final determination.--A final determination of
the amount necessary to correct any previous determination
under this section, and any transfer of amounts between the
Postal Service and the Department of Defense based on that
final determination, shall be made not later than six months
after the end of the one-year period referred to in subsection
(e)(2)(B).
(3) Consultation required.--All estimates and
determinations under this subsection of the amount of postal
benefits under the program used in any period shall be made by
the Secretary of Defense in consultation with the Postal
Service.
(h) Funding.--
(1) Increase.--The amount authorized to be appropriated by
section 421 for military personnel is hereby increased by
$10,000,000, and such amount shall be available for postal
benefits provided in this section.
(2) Offsetting reduction.--Funds authorized to be
appropriated in fiscal year 2009 for Military Personnel are
reduced by $10,000,000.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN
HEALTH CARE COSTS FOR MEMBERS OF THE UNIFORMED SERVICES.

(a) Charges Under Contracts for Medical Care.--Section 1097(e) of
title 10, United States Code, is amended by striking ``September 30,
2008'' and inserting ``September 30, 2009''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such title
is amended by striking ``September 30, 2008'' and inserting ``September
30, 2009''.

SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL
PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.

During the period beginning on October 1, 2008, and ending on
September 30, 2009, the cost sharing requirements established under
paragraph (6) of section 1074g(a) of title 10, United States Code, for
pharmaceutical agents available through retail pharmacies covered by
paragraph (2)(E)(ii) of such section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.

SEC. 703. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL
POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS.

(a) Prohibition.--The Secretary of a military department may not
convert any military medical or dental position to a civilian medical
or dental position on or after October 1, 2008.
(b) Restoration of Certain Positions to Military Positions.--In the
case of any military medical or dental position that is converted to a
civilian medical or dental position during the period beginning on
October 1, 2004, and ending on September 30, 2008, if the position is
not filled by a civilian by September 30, 2008, the Secretary of the
military department concerned shall restore the position to a military
medical or dental position that can be filled only by a member of the
Armed Forces who is a health professional.
(c) Definitions.--In this section:
(1) The term ``military medical or dental position'' means
a position for the performance of health care functions (or
coded to work within a military treatment facility) within the
Armed Forces held by a member of the Armed Forces.
(2) The term ``civilian medical or dental position'' means
a position for the performance of health care functions within
the Department of Defense held by an employee of the Department
or of a contractor of the Department.
(3) The term ``conversion'', with respect to a military
medical or dental position, means a change of the position to a
civilian medical or dental position, effective as of the date
of the manning authorization document of the military
department making the change (through a change in designation
from military to civilian in the document, the elimination of
the listing of the position as a military position in the
document, or through any other means indicating the change in
the document or otherwise).
(d) Repeal.--Section 721 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181) is repealed.

SEC. 704. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.

(a) Requirement for Chiropractic Care.--Subject to such regulations
as the Secretary of Defense may prescribe, the Secretary shall provide
chiropractic services for members of the uniformed services who are
entitled to care under section 1074(a) of title 10, United States Code.
Such chiropractic services may be provided only by a doctor of
chiropractic.
(b) Demonstration Projects.--The Secretary of Defense may conduct
one or more demonstration projects to provide chiropractic services to
deployed members of the uniformed services. Such chiropractic services
may be provided only by a doctor of chiropractic.
(c) Definitions.--In this section:
(1) The term ``chiropractic services''--
(A) includes diagnosis (including by diagnostic X-
ray tests), evaluation and management, and therapeutic
services for the treatment of a patient's health
condition, including neuromusculoskeletal conditions
and the subluxation complex, and such other services
determined appropriate by the Secretary and as
authorized under State law; and
(B) does not include the use of drugs or surgery.
(2) The term ``doctor of chiropractic'' means only a doctor
of chiropractic who is licensed as a doctor of chiropractic,
chiropractic physician, or chiropractor by a State, the
District of Columbia, or a territory or possession of the
United States.

SEC. 705. REQUIREMENT TO RECALCULATE TRICARE RESERVE SELECT PREMIUMS
BASED ON ACTUAL COST DATA.

(a) Calculation Based on Actual Cost Data.--Paragraph (3) of
section 1076d(d) of title 10, United States Code, is amended to read as
follows:
``(3) The monthly amount of the premium in effect for a month for
TRICARE Standard coverage under this section shall be not more than the
lesser of--
``(A) the amount equal to 28 percent of the total average
monthly amount for that coverage, as determined by the
Secretary based on actual cost data for the preceding fiscal
year; or
``(B) the amount in effect for the month of March 2006.''.
(b) Effective Date.--Paragraph (3) of section 1076d(d) of title 10,
United States Code, as amended by this section, shall apply with
respect to fiscal year 2009 and fiscal years thereafter.

SEC. 706. PROGRAM FOR HEALTH CARE DELIVERY AT MILITARY INSTALLATIONS
PROJECTED TO GROW.

(a) Program.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a plan to
establish a program to build cooperative health care arrangements and
agreements between military installations projected to grow and local
and regional non-military health care systems.
(b) Requirements of Plan.--In developing the plan, the Secretary of
Defense shall--
(1) identify and analyze health care delivery options
involving the private sector and health care services in
military facilities located on military installations;
(2) develop methods for determining the cost avoidance or
savings resulting from innovative partnerships between the
Department of Defense and the private sector;
(3) develop requirements for Department of Defense health
care providers to deliver health care in civilian community
hospitals; and
(4) collaborate with State and local authorities to create
an arrangement to share and exchange, between the Department of
Defense and nonmilitary health care systems, personal health
information, and data of military personnel and their families.
(c) Coordination With Other Entities.--The plan shall include
requirements for coordination with Federal, State, and local entities,
TRICARE managed care support contractors, and other contracted assets
around installations selected for participation in the program.
(d) Consultation Requirements.--The Secretary of Defense shall
develop the plan in consultation with the Secretaries of the military
departments.
(e) Selection of Military Installations.--The program shall be
implemented at each installation participating in the pilot program
conducted pursuant to section 721 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 1988) and other military installations selected by the Secretary
of Defense. Each selected military installation shall meet the
following criteria:
(1) The military installation has members of the Armed
Forces on active duty and members of reserve components of the
Armed Forces that use the installation as a training and
operational base, with members routinely deploying in support
of the global war on terrorism.
(2) The military population of an installation will
significantly increase by 2013 due to actions related to either
Grow the Force initiatives or recommendations of the Defense
Base Realignment and Closure Commission.
(3) There is a military treatment facility on the
installation that has--
(A) no inpatient or trauma center care
capabilities; and
(B) no current or planned capacity that would
satisfy the proposed increase in military personnel at
the installation.
(4) There is a civilian community hospital near the
military installation, and the military treatment facility
has--
(A) no inpatient services or limited capability to
expand inpatient care beds, intensive care, and
specialty services; and
(B) limited or no capability to provide trauma
care.
(f) Reports.--Not later than one year after the date of the
enactment of this Act, and every year thereafter, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives an annual report describing the results of
the program.

SEC. 707. GUIDELINES FOR COMBINED FEDERAL MEDICAL FACILITIES.

Before a facility may be designated a combined Federal medical
facility of the Department of Defense and the Department of Veterans
Affairs, the Secretary of Defense and the Secretary of Veterans Affairs
shall issue a signed agreement that specifies, at a minimum, a binding
operational agreement on the following areas:
(1) Patient priority categories.
(2) Budgeting.
(3) Staffing.
(4) Construction.
(5) Physical plant management.

SEC. 708. RESERVE COMPONENT BEHAVIORAL HEALTH CARE PROVIDER LOCATOR AND
APPOINTMENT ASSISTANCE DEMONSTRATION PROJECT.

(a) Demonstration Project.--The Secretary of Defense shall conduct
a demonstration project to assess the feasibility and efficacy of
providing a behavioral health care provider locator and appointment
assistance service to members of the reserve components of the Armed
Forces.
(b) Elements.--The demonstration project shall include, at a
minimum, a toll-free hotline, staffed and available 24 hours a day 7
days a week, to help members of the reserve components find behavioral
health care providers and schedule outpatient appointments in the
TRICARE network.
(c) Eligibility.--In order to be eligible for the demonstration
project, a member of the Armed Forces shall meet the following
requirements:
(1) Be a member of the Selected Reserve.
(2) Be enrolled in TRICARE Reserve Select.
(d) Implementation.--The demonstration project shall be implemented
not later than 180 days after the date of the enactment of this Act.
(e) Sunset.--The authority for the demonstration project required
by this section shall expire on September 30, 2011.
(f) Reports.--The Secretary of Defense shall submit to the
congressional defense committees the following reports:
(1) Plan.--Not later than 90 days after the date of the
enactment of this Act, a report containing a plan to implement
the demonstration project required by this section.
(2) Updates.--Not later than 180 days after such date of
enactment and every 180 days thereafter, a report containing an
update on the demonstration project.
(3) Final evaluation.--Not later than January 1, 2012, a
report containing a final written evaluation, including
recommendations for the extension or expansion of the
demonstration project.

Subtitle B--Preventive Care

SEC. 711. WAIVER OF COPAYMENTS FOR PREVENTIVE SERVICES FOR CERTAIN
TRICARE BENEFICIARIES.

(a) Waiver of Certain Copayments.--Subject to subsection (b) and
under regulations prescribed by the Secretary of Defense, the Secretary
shall--
(1) waive all copayments under sections 1079(b) and 1086(b)
of title 10, United States Code, for preventive services for
all beneficiaries who would otherwise pay copayments; and
(2) ensure that a beneficiary pays nothing for preventive
services during a year even if the beneficiary has not paid the
amount necessary to cover the beneficiary's deductible for the
year.
(b) Exclusion for Medicare-Eligible Beneficiaries.--Subsection (a)
shall not apply to a medicare-eligible beneficiary.
(c) Refund of Copayments.--
(1) Authority.--Under regulations prescribed by the
Secretary of Defense, the Secretary may pay a refund to a
medicare-eligible beneficiary excluded by subsection (b),
subject to the availability of appropriations specifically for
such refunds, consisting of an amount up to the difference
between--
(A) the amount the beneficiary pays for copayments
for preventive services during fiscal year 2009; and
(B) the amount the beneficiary would have paid
during such fiscal year if the copayments for
preventive services had been waived pursuant to
subsection (a) during that year.
(2) Copayments covered.--The refunds under paragraph (1)
are available only for copayments paid by medicare-eligible
beneficiaries during fiscal year 2009.
(3) Funding.--Of the amounts authorized to be appropriated
under title XIV of this Act for the Defense Health Program,
$10,000,000 is authorized for the purposes of the refund
authorized under this subsection.
(d) Definitions.--In this section:
(1) Preventive services.--The term ``preventive services''
includes, taking into consideration the age and gender of the
beneficiary:
(A) Colorectal screening.
(B) Breast screening.
(C) Cervical screening.
(D) Prostate screening.
(E) Annual physical exam.
(F) Vaccinations
(2) Medicare-eligible.--The term ``medicare-eligible'' has
the meaning provided by section 1111((b) of title 10, United
States Code.

SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION PROJECT.

(a) Demonstration Project Required.--The Secretary of Defense shall
conduct a demonstration project designed to evaluate the efficacy of
providing incentives to encourage healthy behaviors on the part of
eligible military health system beneficiaries.
(b) Elements of Demonstration Project.--
(1) Wellness assessment.--The Secretary shall develop a
wellness assessment to be offered to beneficiaries enrolled in
the demonstration project. The wellness assessment shall
incorporate nationally recognized standards for health and
healthy behaviors and shall be offered to determine a baseline
and at appropriate intervals determined by the Secretary. The
wellness assessment shall include the following:
(A) A self-reported health risk assessment.
(B) Physiological and biometric measures, including
at least--
(i) blood pressure;
(ii) glucose level;
(iii) lipids; and
(iv) nicotine use.
(2) Population enrolled.--Non-medicare eligible retired
beneficiaries of the military health system and their
dependents who are enrolled in TRICARE Prime and who reside in
the demonstration project service area shall be enrolled in the
demonstration project.
(3) Geographic coverage of demonstration project.--The
demonstration project shall be conducted in at least three
geographic areas within the United States where TRICARE Prime
is offered, as determined by the Secretary. The area covered by
the project shall be referred to as the demonstration project
service area.
(4) Programs.--The Secretary shall develop programs to
assist enrollees to improve healthy behaviors, as identified by
the wellness assessment.
(5) Inclusion of incentives required.--For the purpose of
conducting the demonstration project, the Secretary may offer
monetary and non-monetary incentives to enrollees to encourage
participation in the demonstration project.
(c) Evaluation of Demonstration Project.--The Secretary shall
annually evaluate the demonstration project for the following:
(1) The extent to which the health risk assessment and the
physiological and biometric measures of beneficiaries are
improved from the baseline (as determined in the wellness
assessment).
(2) In the case of baseline health risk assessments and
physiological and biometric measures that reflect healthy
behaviors, the extent to which the measures are maintained.
(d) Implementation Plan.--The Secretary of Defense shall submit a
plan to implement the health risk management demonstration project
required by this section not later than 90 days after the date of the
enactment of this Act.
(e) Duration of Project.--The health risk management demonstration
project shall be implemented for a period of three years, beginning not
later than March 1, 2009, and ending three years after that date.
(f) Report.--
(1) In general.--The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives an annual report on the effectiveness of the
health risk management demonstration project in improving the
health risk measures of military health system beneficiaries
enrolled in the demonstration project. The first report shall
be submitted not later than one year after the date of the
enactment of this Act, and subsequent reports shall be
submitted for each year of the demonstration project with the
final report being submitted not later than 90 days after the
termination of the demonstration project.
(2) Matters covered.--Each report shall address, at a
minimum, the following:
(A) The number of beneficiaries who were enrolled
in the project.
(B) The number of enrolled beneficiaries who
participate in the project.
(C) The incentives to encourage healthy behaviors
that were provided to the beneficiaries in each
beneficiary category, and the extent to which the
incentives encouraged healthy behaviors.
(D) An assessment of the effectiveness of the
demonstration project.
(E) Recommendations for adjustments to the
demonstration project.
(F) The estimated costs avoided as a result of
decreased health risk conditions on the part of each of
the beneficiary categories.
(G) Recommendations for extending the demonstration
project or implementing a permanent wellness assessment
program.
(H) Identification of legislative authorities
required to implement a permanent program.

SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.

(a) TRICARE Smoking Cessation Program.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall establish a smoking cessation program under the TRICARE program,
to be made available to all beneficiaries under the TRICARE program who
are not medicare-eligible. The Secretary may prescribe such regulations
as may be necessary to implement the program.
(b) Elements.--The program shall include, at a minimum, the
following elements:
(1) The availability, at no cost to the beneficiary, of
pharmaceuticals used for smoking cessation, with a limitation
on the availability of such pharmaceuticals to the national
mail-order pharmacy program under the TRICARE program if
appropriate.
(2) Access to a toll-free quit line that is available 24
hours a day, 7 days a week.
(3) Access to printed and Internet web-based tobacco
cessation material.
(c) Plan.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a plan to implement the program.
(d) Refund of Copayments.--
(1) Authority.--Under regulations prescribed by the
Secretary of Defense, the Secretary may pay a refund to a
medicare-eligible beneficiary otherwise excluded by this
section, subject to the availability of appropriations
specifically for such refunds, consisting of an amount up to
the difference between--
(A) the amount the beneficiary pays for copayments
for smoking cessation services described in subsection
(b) during fiscal year 2009; and
(B) the amount the beneficiary would have paid
during such fiscal year if the beneficiary had not been
excluded under subsection (a) from the smoking
cessation program under that subsection.
(2) Copayments covered.--The refunds under paragraph (1)
are available only for copayments paid by medicare-eligible
beneficiaries during fiscal year 2009.
(3) Funding.--Of the amounts authorized to be appropriated
under title XIV for the Defense Health Program, $3,000,000 is
authorized for the purposes of the refund authorized under this
subsection.
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report covering the following:
(1) The status of the program.
(2) The number of participants in the program.
(3) The cost of the program.
(4) The costs avoided that are attributed to the program.
(5) The success rates of the program compared to other
nationally recognized smoking cessation programs.
(6) Findings regarding the success rate of participants in
the program.
(7) Recommendations to modify the policies and procedures
of the program.
(8) Recommendations concerning the future utility of the
program.
(f) Definitions.--In this section:
(1) TRICARE program.--The term ``TRICARE program'' has the
meaning provided by section 1072(7) of title 10, United States
Code.
(2) Medicare-eligible.--The term ``medicare-eligible'' has
the meaning provided by section 1111(b) of title 10, United
States Code.

SEC. 714. PREVENTIVE HEALTH ALLOWANCE.

(a) Allowance.--Chapter 7 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 438. Preventive health services allowance
``(a) Demonstration Project.--During the period beginning on
January 1, 2009, and ending on December 31, 2011, the Secretary of
Defense shall conduct a demonstration project designed to evaluate the
efficacy of providing an annual allowance (to be known as a `preventive
health services allowance') to members of the armed forces described in
subsection (b) to increase the use of preventive health services by
such members and their dependents.
``(b) Eligible Members.--(1) Subject to the numerical limitations
specified in paragraph (2), a member of the armed forces who is serving
on active duty for a period of more than 30 days and meets the medical
and dental readiness requirements for the armed force of the member may
receive a preventive health services allowance.
``(2) Not more than 1,500 members of each of the Army, Navy, Air
Force, and Marine Corps may receive a preventive health services
allowance during any year, of which half in each armed force shall be
members without dependents and half shall be members with dependents.
``(c) Amount of Allowance.--The Secretary of the military
department concerned shall pay a preventive health services allowance
to a member selected to receive the allowance in an amount equal to--
``(1) $500 per year, in the case of a member without
dependents; and
``(2) $1,000 per year, in the case of a member with
dependents.
``(d) Authorized Preventive Health Services.--(1) The Secretary of
Defense shall specify the types of preventive health services that may
be procured using a preventive health services allowance and the
frequency at which such services may be procured.
``(2) At a minimum, authorized preventive health services shall
include, taking into consideration the age and gender of the member and
dependents of the member:
``(A) Colorectal screening.
``(B) Breast screening.
``(C) Cervical screening.
``(D) Prostate screening.
``(E) Annual physical exam.
``(F) Annual dental exam.
``(G) Vaccinations.
``(3) The Secretary of Defense shall ensure that members selected
to receive the preventive health services allowance and their
dependents are provided a reasonable opportunity to receive the
services authorized under this subsection in their local area.
``(e) Data Collection.--At a minimum, the Secretary of Defense
shall monitor and record the health of members receiving a preventive
health services allowance and their dependents and the results the
testing required to qualify for payment of the allowance, if conducted.
The Secretary shall assess the medical utility of the testing required
to qualify for payment of a preventive health allowance.
``(f) Reporting Requirement.--Not later than March 31, 2010, and
March 31, 2012, the Secretary of Defense shall submit to Congress a
report on the status of the demonstration project, including findings
regarding the medical status of participants, recommendations to modify
the policies and procedures of the program, and recommendations
concerning the future utility of the project.
``(g) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``438. Preventive health care allowance.''.

Subtitle C--Wounded Warrior Matters

SEC. 721. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF HEARING LOSS AND
AUDITORY SYSTEM INJURIES.

(a) In General.--The Secretary of Defense shall establish within
the Department of Defense a center of excellence in the prevention,
diagnosis, mitigation, treatment, and rehabilitation of hearing loss
and auditory system injury to carry out the responsibilities specified
in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the center
collaborates to the maximum extent practicable with the Secretary of
Veterans Affairs, institutions of higher education, and other
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection
(c).
(c) Responsibilities.--
(1) In general.--The center shall--
(A) implement a comprehensive plan and strategy for
the Department of Defense, as developed by the
Secretary of Defense, for a registry of information for
the tracking of the diagnosis, surgical intervention or
other operative procedure, other treatment, and follow
up for each case of hearing loss and auditory system
injury incurred by a member of the Armed Forces while
serving on active duty;
(B) ensure the electronic exchange with the
Secretary of Veterans Affairs of information obtained
through tracking under subparagraph (A); and
(C) enable the Secretary of Veterans Affairs to
access the registry and add information pertaining to
additional treatments or surgical procedures and
eventual hearing outcomes for veterans who were entered
into the registry and subsequently received treatment
through the Veterans Health Administration.
(2) Designation of registry.--The registry under this
subsection shall be known as the ``Hearing Loss and Auditory
System Injury Registry'' (hereinafter referred to as the
``Registry'').
(3) Consultation in development.--The center shall develop
the Registry in consultation with audiologists, speech and
language pathologists, otolaryngologists, and other specialist
personnel of the Department of Defense and the audiologists,
speech and language pathologists, otolaryngologists, and other
specialist personnel of the Department of Veterans Affairs. The
mechanisms and procedures of the Registry shall reflect
applicable expert research on military and other hearing loss.
(4) Mechanisms.--The mechanisms of the Registry for
tracking under paragraph (1)(A) shall ensure that each military
medical treatment facility or other medical facility shall
submit to the center for inclusion in the Registry information
on the diagnosis, surgical intervention or other operative
procedure, other treatment, and follow up for each case of
hearing loss and auditory system injury described in that
paragraph as follows (to the extent applicable):
(A) Not later than 30 days after surgery or other
operative intervention, including a surgery or other
operative intervention carried out as a result of a
follow-up examination.
(B) Not later than 180 days after the hearing loss
and auditory system injury is reported or recorded in
the medical record.
(5) Coordination of care and benefits.--(A) The center
shall provide notice to the National Center for Rehabilitative
Auditory Research (NCRAR) of the Department of Veterans Affairs
and to the auditory system impairment services of the Veterans
Health Administration on each member of the Armed Forces
described in subparagraph (B) for purposes of ensuring the
coordination of the provision of ongoing auditory system
rehabilitation benefits and services by the Department of
Veterans Affairs after the separation or release of such member
from the Armed Forces.
(B) A member of the Armed Forces described in this
subparagraph is a member of the Armed Forces with significant
hearing loss or auditory system injury incurred while serving
on active duty, including a member with auditory dysfunction
related to traumatic brain injury.
(d) Utilization of Registry Information.--The Secretary of Defense
and the Secretary of Veterans Affairs shall jointly ensure that
information in the Registry is available to appropriate audiologists,
speech and language pathologists, otolaryngologists, and other
specialist personnel of the Department of Defense and the Department of
Veterans Affairs for purposes of encouraging and facilitating the
conduct of research, and the development of best practices and clinical
education, on hearing loss or auditory system injury incurred by
members of the Armed Forces.
(e) Inclusion of Records of OIF/OEF Veterans.--The Secretary of
Defense shall take appropriate actions to include in the Registry such
records of members of the Armed Forces who incurred a hearing loss or
auditory system injury while serving on active duty on or after
September 11, 2001, but before the establishment of the Registry, as
the Secretary considers appropriate for purposes of the Registry.

SEC. 722. CLARIFICATION TO CENTER OF EXCELLENCE RELATING TO MILITARY
EYE INJURIES.

Section 1623(d) of Public Law 110-181 is amended by striking ``in
combat'' at the end.

SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER.

(a) Redesignation of Research Program as Center.--Not later than
October 1, 2009, the Secretary of Defense shall designate a center be
known as the ``National Casualty Care Research Center'' (in this
section referred to as the ``Center''), which shall consist of the
program known as the combat casualty care research program at the Army
Medical Research and Materiel Command as modified in accordance with
this section.
(b) Director.--There shall be a director of the Center, who shall
be appointed by the Secretary after consultation with the commanding
general of the Medical Research and Materiel Command.
(c) Activities of the Center.--In addition to the functions already
performed by the combat casualty care research program, the Center
shall--
(1) provide a public-private partnership for funding
clinical and experimental studies in combat injury;
(2) integrate laboratory and clinical research to hasten
improvements in care to both civilians and members of the Armed
Forces who are injured;
(3) ensure that data from both military and civilian
entities, including the Joint Theater Trauma Registry and the
National Trauma Data Bank, are optimally used to establish
research agendas and measure improvements in outcomes; and
(4) fund the full spectrum of injury research and
evaluation, including--
(A) laboratory, translational, and clinical
research;
(B) point of wounding and pre-hospital care;
(C) early resuscitative management;
(D) initial and definitive surgical care;
(E) rehabilitation and reintegration into society;
and
(F) coordinate multi-institutional civilian/
military collaboration and trauma research.
(d) Authorization.--In addition to amounts authorized for the
combat casualty care research program of the Army Medical Research and
Materiel Command, there is authorized to be appropriated $1,000,000 for
the Center established pursuant to this section.
(e) Funding Adjustments.--For the amounts authorized in subsection
(d):
(1) The amount for the Defense Health Program, Research and
Development, is hereby increased by $1,000,000, to be available
for the United States Army Medical Research and Materiel
Command.
(2) The amount for Weapons Procurement, Navy, is hereby
reduced by $1,000,000, to be derived from other missiles.

SEC. 724. PEER-REVIEWED RESEARCH PROGRAM ON EXTREMITY WAR INJURIES.

(a) Establishment of Peer-Reviewed Orthopaedic Extremity Trauma
Research Program.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a
competitive, peer-reviewed research program within the Defense Health
Program's research and development function to conduct peer-reviewed
medical research at military and civilian institutions designed to
develop scientific information aimed at saving injured extremities,
avoiding amputations, and preserving and restoring the function of
injured extremities. Such research shall address military medical needs
and include the full range of scientific inquiry encompassing basic,
translational, and clinical research.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the plans for establishment, management, and
operation of the Peer-Reviewed Research Program on Extremity War
Injuries required under this section.
(c) Effective Date.--This section shall be in effect until
September 30, 2013.

SEC. 725. REVIEW OF POLICIES AND PROCESSES RELATED TO THE DELIVERY OF
MAIL TO WOUNDED MEMBERS OF THE ARMED FORCES.

(a) Review of Delivery Policy and Processes.--The Secretary of
Defense shall review the policies and processes related to the delivery
of letters, packages, messages, and other communications that are
intended as measures of support and addressed generally to wounded and
injured members of the Armed Forces (such as ``To any Wounded Warrior''
or ``To Any Wounded Service Member'') in military medical treatment
facilities and other locations where members of the Armed Forces are
treated and rehabilitated.
(b) Specific Processes.--In conducting the review under subsection
(a), the Secretary of Defense shall determine the following:
(1) Whether the current Department of Defense prohibition
on the direct delivery of such letters, packages, messages, and
other communications to wounded and injured members of the
Armed Forces should be modified.
(2) The adequacy, particularly from the perspective of
wounded and injured members of the Armed Forces, of the current
governmental and non-governmental delivery processes.
(c) Corrective Actions.--Based on the review under subsection (a),
the Secretary of Defense may take actions to correct or modify the
policies and processes related to the delivery of letters, packages,
messages, and other communications to wounded and injured members of
the Armed Forces as the Secretary determines appropriate.
(d) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives a report on the results of the review under
subsection (a) and the ongoing and projected actions to correct or
modify the policies and processes related to the delivery of letters,
packages, messages, and other communications to wounded and injured
members of the Armed Forces.

SEC. 726. POST-DEPLOYMENT MENTAL HEALTH SCREENING DEMONSTRATION
PROJECT.

(a) Demonstration Project Required.--The Secretary of Defense shall
conduct a demonstration project to assess the feasibility and efficacy
of providing a face to face post-deployment mental health screening
between a member of the Armed Forces and a mental health provider.
(b) Elements.--The demonstration project shall include, at a
minimum, the following elements:
(1) A combat stress evaluation conducted in person by a
qualified mental health professional within 120 to 180 days
after the date on which the member returns from combat theater.
(2) Phone follow-ups by a case manager, not necessarily
stationed at the military installation, at the following
intervals after the initial post-deployment screening:
(A) Six months.
(B) Twelve months.
(C) Eighteen months.
(D) Twenty-four months.
(c) Consultation.--The Secretary of Defense shall develop the
demonstration project in consultation with the Secretary of Veterans
Affairs and the Secretary of Health and Human Services. The Secretary
of Defense may also coordinate the program with any accredited college,
university, hospital-based or community-based mental health center the
Secretary considers appropriate.
(d) Selection of Military Installation.--The demonstration project
shall be conducted at two military installations, one active duty and
one reserve component demobilization station, selected by the Secretary
of Defense. The installations selected shall have members of the Armed
Forces on active duty and members of the reserve components that use
the installation as a training and operating base, with members
routinely deploying in support of operations in Iraq, Afghanistan, and
other assignments related to the global war on terrorism.
(e) Personnel Requirements.--The Secretary of Defense shall ensure
an adequate number of the following personnel in the program:
(1) Qualified mental health professionals that are licensed
psychologists, psychiatrists, psychiatric nurses, or clinical
social workers.
(2) Suicide prevention counselors.
(f) Timeline.--
(1) The demonstration project required by this subsection
shall be implemented not later than September 30, 2009.
(2) Authority for this demonstration project shall expire
on September 30, 2011.
(g) Reports.--The Secretary of Defense shall submit to the
congressional defense committees--
(1) a plan to implement the demonstration project,
including site selection and criteria for choosing the site,
not later than June 1, 2009,
(2) an interim report every 180 days thereafter; and
(3) a final report detailing the results not later than
January 1, 2012.

Subtitle D--Other Matters

SEC. 731. REPORT ON STIPEND FOR MEMBERS OF RESERVE COMPONENTS FOR
HEALTH CARE FOR CERTAIN DEPENDENTS.

The Secretary of Defense shall submit to the congressional defense
committees a report on the extent to which the Secretary has exercised
the authority provided in section 704 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
188; 10 U.S.C. 1076 note).

SEC. 732. REPORT ON PROVIDING THE EXTENDED CARE HEALTH OPTION PROGRAM
TO AUTISTIC DEPENDENTS OF MILITARY RETIREES.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that contains a plan for
including autistic dependents of military retirees in the Extended Care
Health Option program (hereafter in this section referred to as the
``ECHO program'').
(b) Contents of Report.--The report required under subsection (a)
shall include the following:
(1) The most current data on the number of military
retirees with autistic dependents and an estimate of the number
of future military retirees with autistic dependents.
(2) The cost estimates of providing extended benefits under
the ECHO program to autistic dependents of all current and
future military retirees.
(3) The feasibility of including autistic dependents of
military retirees in any ongoing demonstration or pilot
programs within the ECHO program.
(4) The statutory and regulatory impediments to including
autistic dependents of military retirees in the ECHO program.

SEC. 733. SENSE OF CONGRESS REGARDING AUTISM THERAPY SERVICES.

(a) Minimum Cost Share Per Month.--The Secretary of Defense shall
ensure that autistic children of members of the Armed Forces enrolled
in the Extended Care Health Option program shall be eligible to receive
a minimum of $5,000 per month of autistic therapy services.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should ensure that the process in determining
eligibility for autistic therapy services provided to the children of
members of the Armed Forces is conducted in an expeditious manner and
without delay.
(c) Study and Report.--
(1) Study.--The Secretary of Defense shall conduct a study
on autistic therapy services in the Department of Defense. The
study shall include--
(A) an evaluation of whether such services would be
better managed under the TRICARE program; and
(B) the potential benefits and costs of a
transition of the management of such services from the
exceptional family member programs to the TRICARE
program.
(2) Report.--Not later than July 30, 2009, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the results of the
study.
(d) Definitions.--In this section:
(1) Autistic therapy services.--The term ``autistic therapy
services'' includes applied behavior analysis.
(2) TRICARE program.--The term ``TRICARE program'' has the
meaning provided by section 1072 of title 10, United States
Code.
(3) Extended care health option.--The term ``Extended Care
Health Option'' means the program of extended benefits provided
pursuant to subsections (d), (e), and (f) of section 1079 of
title 10, United States Code.
(e) Funding.--Of the amount authorized to be appropriated by
section 1511(a), $29,000,000 is authorized to be used to carry out this
section.

SEC. 734. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS CONTAINED IN
REPORT ON HEALTH EFFECTS OF EXPOSURE TO DEPLETED URANIUM.

Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
describing the measures underway to implement the recommendations
contained in the report entitled ``Review of the Toxicologic and
Radiologic Risks to Military Personnel from Exposure to Depleted
Uranium During and After Combat'', which was conducted pursuant to
section 716 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2391).

SEC. 735. SUICIDE RISK BY MILITARY OCCUPATION.

(a) Study.--The Secretary of Defense shall conduct a study to
identify the mental health risks associated with the performance of
military duties.
(b) Elements.--The study shall include the following elements:
(1) An assessment of suicide incidence by military
occupation.
(2) An identification of military occupations with a high
incidence of suicide.
(3) An evaluation of current suicide prevention programs
for those military occupations with a high incidence of
suicide.
(4) An assessment of the need for additional suicide
prevention programs specific to military occupations with a
high incidence of suicide.
(c) Report.--Not later than 120 days after the date of enactment of
this Act, the Secretary of Defense shall submit to the Congressional
Defense Committees a report on the findings of the study. The report
shall include any recommendations for improving suicide prevention
programs for military occupations with a high incidence of suicide.

SEC. 736. IMPLEMENTATION OF RECOMMENDATIONS OF DEPARTMENT OF DEFENSE
MENTAL HEALTH TASK FORCE.

(a) In General.--The Comptroller General of the United States shall
conduct a review of the implementation by the Department of Defense of
recommendations made by the Department of Defense Task Force on Mental
Health (in this section referred to as the ``Task Force'') developed
pursuant to section 723 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3348) to ensure a full
continuum of psychological health services and care for members of the
Armed Forces and their families.
(b) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the results of the review
required by this section. The report shall include such recommendations
as the Comptroller General considers appropriate.

SEC. 737. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF THE ARMED
FORCES WHO AGREE TO SERVE IN THE SELECTED RESERVE OF THE
READY RESERVE.

(a) Provision of Transitional Health Care.--Section 1145(a)(2) of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
``(E) A member who is separated from active duty who agrees
to become a member of the Selected Reserve of the Ready Reserve
of a reserve component.''.
(b) Effective Date.--Subparagraph (E) of section 1145(a)(2) of
title 10, United States Code, as added by subsection (a), shall apply
with respect to members of the Armed Forces separated from active duty
after the date of the enactment of this Act.
(c) Offset.--The amount in section 201(4) for research,
development, test, and evaluation, Defense-wide, is hereby reduced by
$22,000,000, to be derived from the Missile Defense Agency.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Acquisition Policy and Management

SEC. 801. REVIEW OF IMPACT OF ILLEGAL SUBSIDIES ON ACQUISITION OF KC-45
AIRCRAFT.

(a) Review of Illegal Subsidies Required.--The Secretary of the Air
Force, not later than 10 days after a ruling by the World Trade
Organization that either or both of the United States or the European
Union, or any political entity within the United States or the European
Union, has provided illegal subsidies to a manufacturer of large
commercial aircraft, shall begin a review, as described in subsection
(b), of the impact of such illegal subsidies on the source selection
for the KC-45 Aerial Refueling Aircraft Program.
(b) Performance of the Review.--In performing the review required
by subsection (a), the Secretary of Air Force shall comply with the
following requirements:
(1) The Secretary shall seek information from the public on
the potential impact of illegal subsidies on the source
selection process for the KC-45 Aerial Refueling Aircraft
Program through a notice and comment process. The Secretary
shall adopt such procedures for handling information provided
under such notice and comment process as are necessary to
protect national security and confidential business
information.
(2) The Secretary shall consult with experts within the
Department of Defense, the Office of Management and Budget, the
Office of the United States Trade Representative, and other
agencies and offices of the Federal government, as appropriate,
on the potential impact of illegal subsidies on the source
selection process for the KC-45 Aerial Refueling Aircraft
Program.
(3) The Secretary shall request information from each of
the offerors in the source selection process for the KC-45
Aerial Refueling Aircraft Program on the potential impact of
illegal subsidies on such process.
(c) Completion of Review.--The Secretary of the Air Force shall
complete the review required by subsection (a) not later than 90 days
after the World Trade Organization has ruled on all illegal subsidy
cases involving large commercial aircraft pending at the World Trade
Organization as of the date of the enactment of this Act.
(d) Determination and Remedy Required.--If the Secretary of the Air
Force determines, after performing the review required by subsection
(a), that an illegal subsidy or subsidies had a material impact on the
source selection process for the KC-45 Aerial Refueling Aircraft
Program sufficient to bring into question the fairness of such source
selection process, the Secretary shall take such measures as are
necessary and appropriate to ensure that the effect of such subsidy or
subsidies is removed and the source selection process for the KC-45
Aerial Refueling Aircraft Program is fair to all offerors.
(e) Definitions.--In this section:
(1) The term ``illegal subsidy'' means a subsidy found to
constitute a violation of the Agreement on Subsidies and
Countervailing Measures.
(2) The term ``Agreement on Subsidies and Countervailing
Measures'' means the agreement described in section 101(d)(12)
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)).
(3) The term ``source selection'', with respect to a
program of the Department of Defense, means the selection,
through the use of competitive procedures or such other
procurement procedures as may be applicable, of a contractor to
perform a contract to carry out the program.

SEC. 802. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.

(a) Assessment Required.--The Secretary of Defense shall commission
a study and report by a federally funded research and development
center to assess the effectiveness of the processes used by the
Department of Defense for the generation of urgent operational need
requirements, and the acquisition processes used to fulfill such
requirements. Such assessment shall include the following:
(1) A description and evaluation of the effectiveness of
the procedures used to generate warfighting requirements
through the urgent operational need process.
(2) An evaluation of the extent to which urgent operational
need statements are used to document required capability gaps
or are used to request specific acquisition outcomes, such as
specific systems or equipment.
(3) A description and evaluation of the effectiveness of
the processes used by each of the military departments to
prioritize and fulfill urgent operational needs, including the
rapid acquisition processes of the military departments.
(4) A description and evaluation of the effectiveness of
the procedures used to generate warfighting requirements
through the joint urgent operational need process.
(5) An evaluation of the extent to which joint urgent
operational need statements are used to document urgent joint
capability gaps or are used--
(A) to avoid using service-specific urgent
operational need and acquisition processes;
(B) to document non-urgent capability gaps; or
(C) to request specific acquisition outcomes, such
as specific systems or equipment.
(6) A description and evaluation of the effectiveness of
the processes used by the various elements of the Department of
Defense to prioritize and fulfill joint urgent operational
needs, including the Joint Improvised Explosive Device Defeat
Organization and the Joint Rapid Acquisition Cell.
(7) An evaluation of the extent to which joint acquisition
entities maintain oversight, once a military department or
defense agency has been designated as responsible for execution
and fielding of a capability in response to a joint urgent
operational need statement, including oversight of--
(A) the responsiveness of the military department
or agency in execution;
(B) the field performance of the capability
delivered in response to the joint urgent operational
need statement; and
(C) the concurrent development of a long-term
acquisition and sustainment strategy.
(8) Recommendations regarding--
(A) common definitions and standards for urgent
operational needs statements and joint urgent
operational need statements;
(B) best practices and process improvements for the
creation, evaluation, prioritization, and fulfillment
of urgent operational need statements and joint urgent
operational need statements; and
(C) the extent to which rapid acquisition processes
should be consolidated or expanded.
(b) Submission to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees the report resulting from the
study conducted pursuant to subsection (a).
(c) Definitions.--In this section:
(1) The term ``urgent operational need'' or ``urgent
operational need statement'' means a high priority capability
gap from an ongoing, named operation--
(A) that is validated and resourced by a specific
military department or defense agency; and
(B) that, if not addressed immediately, will
seriously endanger personnel or pose a major threat to
ongoing operations.
(2) The term ``joint urgent operational need'' means a high
priority capability gap from an ongoing, named operation--
(A) that is identified by a combatant commander;
(B) that requires validation and resourcing by the
Joint Chiefs of Staff;
(C) that falls outside of the established processes
of the military departments; and
(D) that, if not addressed immediately will
seriously endanger personnel or pose a major threat to
ongoing operations.

SEC. 803. PRESERVATION OF TOOLING FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.

(a) Guidance Required.--The Secretary of Defense shall issue
guidance requiring that all unique tooling associated with the
production of hardware for a major defense acquisition program be
preserved and stored through the end of the service life of the end
item associated with such a program. Such guidance shall--
(1) provide that either a component of the Department of
Defense or a contractor (or subcontractor at any tier) may be
responsible for preservation and storage of such tooling;
(2) require that the milestone decision authority approve a
plan for the preservation and storage of such tooling prior to
granting a Milestone C approval;
(3) if such tooling is to be preserved and stored by a
component of the Department of Defense, require the component
to ensure adequate funds and facilities are available to
preserve and store such tooling through the projected service
life of the end item;
(4) if such tooling is to be preserved and stored by a
contractor, or a subcontractor at any tier, require that any
production contract (or subcontract) awarded in support of the
major defense acquisition program include a contract clause
regarding the preservation and storage of such tooling; and
(5) provide a mechanism for the Secretary of Defense to
waive such requirement if--
(A) the Secretary determines that such a waiver is
in the best interest of national security; and
(B) notifies the congressional defense committees
at least 15 days before taking such action.
(b) Definitions.--In this section:
(1) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning provided in
section 2430 of title 10, United States Code.
(2) Milestone decision authority.--The term ``milestone
decision authority'' has the meaning provided in section
2366a(f)(2).
(3) Milestone c approval.--The term ``Milestone C
approval'' has the meaning provided in section 2366(e)(8) of
title 10, United States Code.

SEC. 804. PROHIBITION ON PROCUREMENT FROM BENEFICIARIES OF FOREIGN
SUBSIDIES.

(a) Prohibition.--Except as provided in subsections (c) and (d),
the Secretary of Defense may not enter into a contract for the
procurement of goods or services from any foreign person to which the
government of a foreign country that is a member of the World Trade
Organization has provided a subsidy if--
(1) the United States has requested consultations with that
foreign country under the Agreement on Subsidies and
Countervailing Measures on the basis, in whole or in part, that
the subsidy is a prohibited subsidy under that Agreement; and
(2) either--
(A) the dispute before the World Trade Organization
has not been resolved; or
(B) the World Trade Organization has ruled that the
subsidy provided by the foreign country is a prohibited
subsidy under the Agreement on Subsidies and
Countervailing Measures.
(b) Additional Applicability.--
(1) Joint ventures.--The prohibition under subsection (a)
with respect to a foreign person also applies to any joint
venture, cooperative organization, partnership, or contracting
team of which that foreign person is a member.
(2) Subcontracts and task and delivery orders.--The
prohibition under subsection (a) with respect to a contract
also applies to any subcontracts at any tier entered into under
the contract and any task orders or delivery orders at any tier
issued under the contract.
(c) Exceptions to Applicability.--
(1) Inapplicability to programs with milestone b
approval.--The prohibition under subsection (a) shall not apply
to any contract under a major defense acquisition program that
has received Milestone B approval as of the date of the
enactment of this Act.
(2) Inapplicability to certain procurements.--The
prohibition under subsection (a) shall not apply to a contract
for the procurement of goods or services from a foreign person
being provided a subsidy if--
(A) in any case in which goods or services are the
subject of the consultation requested by the United
States (as described in subsection (a)(1)), the goods
or services to be procured under the contract are not
related to the goods and services that are the subject
of the consultation; or
(B) in any case in which the subject of the
consultation requested by the United States (as
described in subsection (a)) is not a good or service
(but is law, regulations, or other policies of the
foreign country), the Department of Defense contracting
officer for the contract has certified that the foreign
person has demonstrated that the cost of the offeror's
proposal is not materially affected by the subsidy.
(d) Waiver.--The President may waive the prohibition in this
section with respect to a specific contract if the President (without
delegation) determines that failure to waive the prohibition would
result in a significant and imminent threat to national security. The
President shall submit to Congress a notice of any waiver granted under
this subsection within 7 days after granting it.
(e) Duration of Prohibition.--In the case of a subsidy that the
World Trade Organization has ruled is a prohibited subsidy as described
in subsection (a)(2)(B), the prohibition under subsection (a) shall not
apply to a contract for the procurement of goods or services that were
the subject of the consultation after--
(1) the dispute is resolved; and
(2) either--
(A) a mutual agreement has been reached between the
United States and the foreign government with respect
to the prohibited subsidy; or
(B) the foreign government has agreed to comply
with the requirements of the ruling issued by the World
Trade Organization in the dispute.
(f) Definitions.--In this section:
(1) The term ``Agreement on Subsidies and Countervailing
Measures'' means the agreement described in section 101(d)(12)
of the Uruguay Round Agreements Act (19 U.S.C. 3501(d)(12)).
(2) The term ``foreign person'' means--
(A) an individual who is not a United States person
or an alien lawfully admitted for permanent residence
into the United States; or
(B) a corporation, partnership, or other
nongovernmental entity which is not a United States
person.
(3) The term ``United States person'' means--
(A) a natural person who is a citizen of the United
States or who owes permanent allegiance to the United
States; and
(B) a corporation or other legal entity which is
organized under the laws of the United States, any
State or territory thereof, or the District of
Columbia, if natural persons described in subparagraph
(A) own, directly or indirectly, more than 50 percent
of the outstanding capital stock or other beneficial
interest in such legal entity.
(4) The term ``major defense acquisition program'' means a
Department of Defense acquisition program that is a major
defense acquisition program for purposes of section 2430 of
title 10, United States Code.
(5) The term ``Milestone B approval'' has the meaning
provided that term in section 2366(e)(7) of such title.

SEC. 805. DOMESTIC INDUSTRIAL BASE CONSIDERATIONS DURING SOURCE
SELECTION.

(a) Regulations Required.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall prescribe
regulations regarding the application of a domestic industrial base
evaluation factor during source selection for a major defense
acquisition program of the Department of Defense. Such regulations
shall--
(1) allow the source selection authority to consider
impacts on the domestic industrial base as an evaluation factor
during the source selection process;
(2) provide the source selection authority flexibility with
regard to the importance assigned to such an evaluation factor;
and
(3) provide defense acquisition officials with the
authority to impose penalties on the contractor awarded the
contract resulting from the source selection, including fines
and contract termination, if--
(A) the domestic industrial base evaluation factor
was used during source selection;
(B) the evaluation factor had a material effect on
the outcome of the source selection; and
(C) the official determines that the potential
contractor knowingly or willfully misrepresented
impacts to the domestic industrial base during source
selection.
(b) Impacts on Domestic Industrial Base.--For purposes of the
regulations, the Secretary shall consider, at a minimum, the following
to be impacts on the domestic industrial base:
(1) The creation or maintenance of domestic capability for
production of critical supplies.
(2) The creation or maintenance of domestic jobs.
(3) The creation or maintenance of domestic scientific and
technological competencies or manufacturing skills.
(c) Report Required.--The Secretary of Defense shall notify the
congressional defense committees at least 30 days before the issuance
of a request for proposal for any major defense acquisition program
that will not use a domestic industrial base evaluation factor during
the source selection process. Such notification shall include--
(1) a brief description of the major defense acquisition
program;
(2) a justification for not using a domestic industrial
base evaluation factor; and
(3) an assessment of potential impacts on the domestic
industrial base, if known, as a result of not using a domestic
industrial base evaluation factor.
(d) Definitions.--In this section:
(1) Domestic industrial base.--The term ``domestic
industrial base'' means--
(A) persons and organizations that are engaged in
research, development, production, or maintenance
activities conducted within the United States and
United States territories; and
(B) includes, at a minimum, prime contractors, as
well as second and third tier subcontractors, engaged
in such activities.
(2) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning provided in
section 2430 of title 10, United States Code.
(3) Source selection.--The term ``source selection'', with
respect to a major defense acquisition program, means the
selection, through the use of competitive procedures or such
other procurement procedures as may be applicable, of a
contractor to perform a contract to carry out the program.
(4) Source selection authority.--The term ``source
selection authority'', with respect to a major defense
acquisition program, means the official in the Department of
Defense designated as responsible for the source selection for
that program.

SEC. 806. COMMERCIAL SOFTWARE REUSE PREFERENCE.

(a) In General.--The Secretary of Defense shall ensure that
contracting officials identify and evaluate, at all stages of the
acquisition process (including concept refinement, concept decision,
and technology development), opportunities for the use of commercial
computer software and, if practicable, use such software instead of
developing new software.
(b) Regulations.--The Secretary of Defense shall review and revise
the Defense Federal Acquisition Regulation Supplement, Part 207.103, to
clarify that the preference for commercial items in the acquisition
process includes a preference for commercial computer software, and the
preference applies at all stages of the acquisition process.

SEC. 807. COMPREHENSIVE PROPOSAL ANALYSIS REQUIRED DURING SOURCE
SELECTION.

(a) Regulations Required.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall prescribe
regulations regarding the comprehensive evaluation of a proposal for a
major defense acquisition program for which a significant proportion of
the research, design, development, manufacturing, assembly, or test and
evaluation will be performed outside the United States. Such
regulations shall--
(1) require the offeror of such a proposal, in addition to
providing a breakdown of costs as required by the Federal
Acquisition Regulation, to provide a breakdown of costs not
borne by the offeror as a result of activities performed
outside the United States, and such costs shall--
(A) include, at a minimum, costs borne by a foreign
government that are not borne by a local, State, or
Federal Government in the United States, such as
government-borne--
(i) health care;
(ii) retirement compensation; and
(iii) workman's compensation;
(B) not include direct labor and material costs;
and
(C) be limited to those costs that would otherwise
be allowable and allocable to the contract for the
major defense acquisition program if all activities
were performed in the United States;
(2) be applicable only to proposals submitted in response
to a solicitation from the Department of Defense that requires
cost or pricing data;
(3) require the contracting officer responsible for
conducting proposal analysis to consider such costs in any cost
and price analysis performed; and
(4) require the contracting officer to certify, prior to
source selection, that the contracting officer has no
reasonable grounds to believe that the final assessed price
excludes any cost or other element of price (such as the
monetary policy of a foreign government) that other offers
performing in the United States could not also exclude.
(b) Additional Applicability With Respect to Subcontractors.--The
regulations under subsection (a) also shall apply with respect to any
subcontractor (at any tier) of a prospective contractor if the
subcontractor is expected to perform outside the United States a
significant portion of the research, design, development,
manufacturing, assembly, or test and evaluation under the proposal
being evaluated.
(c) Definition.--In this section, the term ``major defense
acquisition program'' means a Department of Defense acquisition program
that is a major defense acquisition program for the purposes of section
2430 of title 10, United States Code.

Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations

SEC. 811. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

Section 1705 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Expedited Hiring Authority.--
``(1) For purposes of sections 3304, 5333, and 5753 of
title 5, United States Code, the Secretary of Defense may--
``(A) designate any category of acquisition
positions within the Department of Defense as shortage
category positions; and
``(B) utilize the authorities in such sections to
recruit and appoint highly qualified persons directly
to positions so designated.
``(2) The Secretary may not appoint a person to a position
of employment under this subsection after September 30,
2012.''.

SEC. 812. DEFINITION OF SYSTEM FOR DEFENSE ACQUISITION CHALLENGE
PROGRAM.

Section 2359b of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(l) System Defined.--In this section, the term `system'--
``(1) means--
``(A) the organization of hardware, software,
material, facilities, personnel, data, and services
needed to perform a designated function with specified
results (such as the gathering of specified data, its
processing, and its delivery to users); or
``(B) a combination of two or more interrelated
pieces (or sets) of equipment arranged in a functional
package to perform an operational function or to
satisfy a requirement; and
``(2) includes a major system (as defined in section
2302(5) of this title).''.

SEC. 813. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY PERSONNEL IN
THE ACQUISITION FIELD.

(a) Acquisition Personnel Requirements.--
(1) In general.--Chapter 87 of title 10, United States
Code, is amended by inserting after section 1722 the following
new section:
``Sec. 1722a. Special requirements for military personnel in the
acquisition field
``(a) Requirement for Policy and Guidance Regarding Military
Personnel in Acquisition.--The Secretary of Defense shall require the
Secretary of each military department (with respect to the military
departments) and the Under Secretary of Defense for Acquisition,
Technology, and Logistics (with respect to the Office of the Secretary
of Defense, the unified combatant commands, the Defense Agencies, and
Defense Field Activities), to establish policies and issue guidance to
ensure the proper development, assignment, and employment of members of
the armed forces in the acquisition field to achieve the objectives of
this section as specified in subsection (b).
``(b) Objectives.--Policies established and guidance issued
pursuant to subsection (a) shall ensure, at a minimum, the following:
``(1) A career path in the acquisition field that attracts
the highest quality officers and enlisted personnel.
``(2) A number of command positions and senior non-
commissioned officer positions, including acquisition billets
reserved for general officers and flag officers under
subsection (c), sufficient to ensure that members of the armed
forces have opportunities for promotion and advancement in the
acquisition field.
``(3) A number of qualified, trained members of the armed
forces eligible for and active in the acquisition field
sufficient to ensure the appropriate use of military personnel
in contingency contracting.
``(c) Reservation of Acquisition Billets for General Officers and
Flag Officers.--(1) The Secretary of Defense shall establish for each
military department a minimum number of billets coded or classified for
acquisition personnel that are reserved for general officers and flag
officers and shall ensure that the policies established and guidance
issued pursuant to subsection (a) by the Secretary of that military
department reserve at least that minimum number of billets and fill the
billets with qualified and trained general officers and flag officers.
``(2) The Secretary of Defense shall ensure that a sufficient
number of billets for acquisition personnel who are general officers or
flag officers exist within the Office of the Secretary of Defense, the
unified combatant commands, the Defense Agencies, and the Defense Field
Activities.
``(3) The Secretary of Defense shall ensure that a portion of the
billets referred to in paragraphs (1) and (2) involve command of
organizations primarily focused on contracting.
``(d) Relationship to Limitation on Preference for Military
Personnel.--Any designation or reservation of a position for a member
of the armed forces as a result of a policy established or guidance
issued pursuant to this section shall be deemed to meet the
requirements for an exception under paragraph (2) of section 1722(b) of
this title from the limitation in paragraph (1) of such section.
``(e) Report.--Not later than January 1 of each year, the Secretary
of each military department shall submit to the Under Secretary of
Defense for Acquisition, Technology, and Logistics a report describing
how the Secretary fulfilled the objectives of this section in the
preceding calendar year. The report shall include information on the
reservation of acquisition billets for general officers and flag
officers within the department.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1722 the following new item:

``1722a. Special requirements for military personnel in the acquisition
field.''.
(b) Additional Item for Inclusion in Strategic Plan.--Section
543(f)(3)(E) of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat 116) is amended by inserting after
``officer assignments and grade requirements'' the following: ``,
including requirements relating to the reservation of billets in the
acquisition field for general and flag officers,''.

SEC. 814. TECHNICAL DATA RIGHTS FOR NON-FAR AGREEMENTS.

(a) Rights in Technical Data for Non-FAR Agreements.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2320 the following
new section:
``Sec. 2320a. Rights in technical data for non-FAR agreements
``(a) Policy Guidance.--
``(1) The Secretary of Defense shall issue policy guidance
with respect to the use of a non-FAR agreement for the
development of a major weapon system or an item of personnel
protective equipment.
``(2) The guidance shall--
``(A) define the legitimate interest of the United
States and a party to such an agreement in technical
data pertaining to an item or process to be developed
under the agreement, including, at a minimum, the
interest of--
``(i) the United States in increasing
competition and lowering costs by developing
and locating alternative sources of supply and
manufacture;
``(ii) the United States in the ability to
conduct emergency repair and overhaul; or
``(iii) the party to the agreement to
restrict the release of technical data relating
to an item or process developed at private
expense; and
``(B) require that specific rights in technical
data shall be established during agreement negotiations
and be based upon negotiations between the United
States and the potential party to the agreement, except
in any case in which the Secretary of Defense
determines, on the basis of criteria established in
such policy guidance, that the establishment of rights
during or through agreement negotiations would not be
practicable.
``(b) Provisions in Non-FAR Agreements.--Whenever practicable, a
non-FAR agreement described in subsection (a) shall contain appropriate
provisions relating to technical data, including provisions--
``(1) defining the respective rights of the United States
and the party to the agreement regarding any technical data to
be delivered under the agreement;
``(2) specifying the technical data to be delivered under
the agreement and delivery schedules for such delivery;
``(3) establishing or referencing procedures for
determining the acceptability of technical data to be delivered
under the agreement;
``(4) to the maximum practicable extent, identifying, in
advance of delivery, technical data which is to be delivered
with restrictions on the right of the United States to use such
data;
``(5) requiring the party to the agreement to revise any
technical data delivered under the agreement to reflect
engineering design changes made during the performance of the
agreement and affecting the form, fit, and function of the
items specified in the agreement and to deliver such revised
technical data to an agency within a time specified in the
agreement; and
``(6) establishing remedies to be available to the United
States when technical data required to be delivered or made
available under the agreement is found to be incomplete or
inadequate or to not satisfy the requirements of the agreement
concerning technical data.
``(c) Assessment of Long-Term Technical Data Needs.--The Secretary
of Defense shall require the program manager for a major weapon system
or an item of personnel protective equipment that is to be developed
using a non-FAR agreement described in subsection (a) to assess the
long-term technical data needs of such systems and items, in accordance
with the requirements of section 2320(e) of this title.
``(d) Definitions.--In this section:
``(1) The term `non-FAR agreement' means an agreement that
is not subject to laws pursuant to which the Federal
Acquisition Regulation is prescribed, including--
``(A) a transaction authorized under section 2371
of this title; and
``(B) a cooperative research and development
agreement.
``(2) The term `party', with respect to a non-FAR
agreement, means a non-Federal entity and includes any of the
following:
``(A) A contractor and its subcontractors (at any
tier).
``(B) A joint venture.
``(C) A consortium.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2320 the following new item:

``2320a. Rights in technical data for non-FAR agreements.''.
(b) Report on Life Cycle Planning for Technical Data Needs.--Not
later than 120 days after the date of enactment of this Act, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the
implementation of the requirements in section 2320(e) of title 10,
United States Code, for the assessment of long-term technical data
needs to sustain major weapon systems. Such report shall include--
(1) a description of all relevant guidance or policies
issued;
(2) the extent to which program managers have received
training to better assess the long-term technical data needs of
major weapon systems and subsystems;
(3) a description of the data rights strategies developed
prior to the issuance of contract solicitations released since
October 17, 2006; and
(4) a characterization of the extent to which such
strategies made use of priced contract options for the future
delivery of technical data or acquired all relevant technical
data upon contract award.

SEC. 815. CLARIFICATION THAT COST ACCOUNTING STANDARDS APPLY TO FEDERAL
CONTRACTS PERFORMED OUTSIDE THE UNITED STATES.

(a) Clarification.--Section 26(f)(2)(A) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)(2)(A)) is amended by adding at
the end the following: ``, whether the contracts or subcontracts are
performed inside or outside the United States''.
(b) Implementing Regulations.--Not later than 180 days after the
date of the enactment of this Act, the cost accounting standards
promulgated under section 26 of such Act shall be amended to take into
account the amendment made by subsection (a).

Subtitle C--Provisions Relating to Inherently Governmental Functions

SEC. 821. POLICY ON PERSONAL CONFLICTS OF INTEREST BY EMPLOYEES OF
DEPARTMENT OF DEFENSE CONTRACTORS.

(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a
standard policy aimed at preventing personal conflicts of interest by
employees of Department of Defense contractors that is similar to the
policy of the Department of Defense aimed at preventing such conflicts
by Department of Defense civilian employees.
(b) Elements of Policy.--The policy required under subsection (a)
shall--
(1) provide a definition of the term ``personal conflict of
interest'' as it relates to employees of Department of Defense
contractors;
(2) identify types of contracts that raise heightened
concerns for potential personal conflicts of interest; and
(3) require each contractor that participates in the
Department's decision-making in such mission-critical areas as
the development, award, and administration of Government
contracts, and each contractor that is closely supporting
inherently governmental functions, to--
(A) identify and prevent personal conflicts of
interest for employees of the contractor who are
performing such functions;
(B) report any personal conflict-of-interest
violation to the applicable contracting officer or
contracting officer's representative as soon as it is
identified;
(C) maintain effective oversight to verify
compliance with personal conflict-of-interest
safeguards; and
(D) have procedures in place to screen for
potential conflicts of interest for all employees in a
position to make or materially influence findings,
recommendations, and decisions regarding Department of
Defense contracts and other advisory and assistance
functions, either by screening on a task-by-task basis
or on an annual basis.
(c) Contract Clause.--The Secretary shall include in each contract
entered into by the Secretary for the performance of functions
described in subsection (b)(3) a clause that reflects the personal
conflicts-of-interest policy developed under this section and that sets
forth the contractor's responsibility under such policy.
(d) Panel on Contracting Integrity Recommendations.-- The
Department of Defense Panel on Contracting Integrity, established by
the section 813 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364), shall consider and make
recommendations on the feasibility of applying certain procurement
integrity rules to employees of Department of Defense contractors to
include such rules related to--
(1) improper business practices and personal conflicts of
interest under Federal Acquisition Regulations 3.104;
(2) public corruption;
(3) financial conflicts of interest;
(4) seeking other employment conflicts of interest;
(5) gifts and travel; and
(6) misuse of position or endorsement.

SEC. 822. DEVELOPMENT OF GUIDANCE ON PERSONAL SERVICES CONTRACTS.

Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall develop guidance to--
(1) establish a clear definition of the term ``personal
services contract'';
(2) require a clear distinction between employees of the
Department of Defense and employees of Department of Defense
contractors;
(3) provide appropriate safeguards with respect to when,
where, and to what extent the Secretary may enter into a
contract for the procurement of personal services; and
(4) assess and take steps to mitigate the risk that, as
implemented and administered, non-personal services contracts
may become personal services contracts.

SEC. 823. LIMITATION ON PERFORMANCE OF PRODUCT SUPPORT INTEGRATOR
FUNCTIONS.

(a) Limitation.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410r. Performance-based logistics arrangements: limitation on
product support integrator functions
``(a) Limitation.--A function that is a product support integrator
function may be performed only by a member of the armed forces or an
employee of the Department of Defense.
``(b) Definitions.--In this section:
``(1) The term `product support integrator function' means,
with respect to a performance-based logistics arrangement, the
function of integrating all sources of support, both public and
private, to achieve the specific outcomes specified in the
arrangement.
``(2) The term `performance-based logistics arrangement'
means a performance-based contract, task order, or other
arrangement for the logistics support--
``(A) of a weapon system or major end item over the
life cycle of the system or item; or
``(B) of parts, assemblies, subassemblies, or
platforms of a weapon system or major end item.
``(3) The term `performance-based' has the meaning given
such term in section 2331(g) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 2410q the following new item:

``2410r. Performance-based logistics arrangements: limitation on
product support integrator functions.''.
(b) Effective Date.--Section 2410r of title 10, United States Code,
as added by subsection (a), shall apply to performance-based logistics
arrangements entered into after September 30, 2010.

SEC. 824. PERFORMANCE BY PRIVATE SECURITY CONTRACTORS OF INHERENTLY
GOVERNMENTAL FUNCTIONS IN AN AREA OF COMBAT OPERATIONS.

(a) Modification of Regulations.--Not later than 60 days after the
date of the enactment of this Act, the regulations prescribed by the
Secretary of Defense pursuant to section 862(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
254; 10 U.S.C. 2302 note) shall be modified to ensure that private
security contractors are not authorized to perform inherently
governmental functions in an area of combat operations.
(b) Guidance.--After the issuance of regulations to implement the
actions required by section 322 of this Act, the Secretary of Defense
shall issue supplementary guidance to describe functions that should
not be performed by private security contractors because they
constitute inherently governmental functions.
(c) Periodic Review of Performance of Functions.--
(1) In general.--The Secretary of Defense shall, in
coordination with the heads of other appropriate agencies,
periodically review the performance of private security
functions in areas of combat operations to ensure that such
functions are authorized and performed in a manner consistent
with the requirements of this section.
(2) Reports.--Not later than June 1 of each of 2009, 2010,
and 2011, the Secretary shall submit to the congressional
defense committees a report on the results of the most recent
review conducted under paragraph (1).

Subtitle D--Defense Industrial Security

SEC. 831. REQUIREMENTS RELATING TO FACILITY CLEARANCES.

Chapter 21 of title 10, United States Code, is amended by adding at
the end the following new subchapter:

``SUBCHAPTER III--DEFENSE INDUSTRIAL SECURITY

``Sec. 438. Facility clearances: requirements.
``Sec. 438. Facility clearances: requirements
``(a) Facility Clearances: General Provisions.--
``(1) Access to classified information by contractors.--A
contractor of the Department of Defense may not be granted
custody of classified information unless the contractor has a
facility clearance.
``(2) Requirements for entities with facility clearances.--
An entity may not be granted a facility clearance by the
Department of Defense or continue to hold such a facility
clearance unless the entity agrees to comply with, and
maintains compliance with, the requirements set forth in this
subchapter.
``(3) Authority to revoke or suspend facility clearances.--
The Secretary of Defense may revoke or suspend a facility
clearance granted by the Department of Defense at any time.
``(b) General Requirements for Facility Clearances.--The Secretary
of Defense shall require an entity granted a facility clearance by the
Department of Defense to comply with the following requirements:
``(1) The entity shall safeguard classified information in
its possession.
``(2) The entity shall safeguard covered controlled
unclassified information in its possession.
``(3) The entity shall ensure that it complies with
Department of Defense security agreements, contract provisions
regarding security, and relevant regulations of the Department
of Defense pertaining to industrial security.
``(4) The entity shall ensure that its business and
management practices do not result in the compromise of
classified information or adversely affect the performance of
classified contracts.
``(5) The entity shall undergo a determination under
section 439 of this title of whether the entity is under
foreign ownership control or influence and shall comply with
ongoing notification requirements under that section related to
foreign ownership and control.
``(c) Requirements for Directors of Entities With Facility
Clearances.--
``(1) Requirements.--Except as provided in paragraph (3),
the Secretary of Defense shall require an entity with a
facility clearance to require the directors on the entity's
board of directors to ensure, in their capacity as fiduciaries
of the entity, that the entity employs and maintains policies
and procedures that meet the general requirements for facility
clearances listed in subsection (b).
``(2) By-laws requirement.--The requirements of paragraph
(1) shall be set forth in the by-laws of the entity.
``(3) Exceptions.--(A) The Secretary of Defense may waive
the requirements of paragraph (1) for reasons of national
security. In the event the Secretary grants such a waiver, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a notification that
such a waiver has been granted and a justification for granting
the waiver.
``(B) The requirements of paragraph (1) shall not apply to
an entity determined by the Secretary of Defense under section
439(a) of this title to be under foreign ownership control or
influence.
``(d) Requirements Relating to Security Management of Entities With
Facility Clearances.--
``(1) Designation of employee responsible for security.--
The Secretary of Defense shall require an entity, in
consultation with and subject to the approval of the chairman
of its board of directors, to designate an employee who meets
the requirements of paragraph (2) to be responsible for the
following:
``(A) Reporting to the board of directors of the
entity as its principal advisor concerning the general
requirements for facility clearances listed in
subsection (b), the manner in which they are carried
out through the policies and procedures required by
subsection (c), and the related Federal requirements
for classified information.
``(B) Supervising and directing security measures
necessary for implementing such requirements, policies,
and procedures.
``(C) Establishing and administering all
intracompany procedures to prevent unauthorized
disclosure and export of controlled unclassified
information and ensuring that the entity otherwise
complies with the requirements of Federal export
control laws.
``(2) Qualifications of employee.--An employee may not be
designated to be responsible for the matters described in
paragraph (1) unless the employee--
``(A) is a citizen of the United States;
``(B) obtains a security clearance at the same
level as the facility clearance; and
``(C) completes security training that meets the
requirements of the Department of Defense.
``(e) Requirements Relating to Management Responsibilities for
Entities With Facility Clearances.--The Secretary of Defense shall
require an entity with a facility clearance to provide a certification
of security responsibilities to the Secretary. The certification of
security responsibilities shall--
``(1) affirm the entity's responsibility--
``(A) to identify the key management personnel of
the entity involved in the performance of classified
contracts or in the setting of policies and practices
for such contracts and to designate a security manager
with primary responsibility for security functions;
``(B) to ensure that such key management personnel
of the entity meet all eligibility requirements for the
performance of classified contracts;
``(C) to provide such key management personnel of
the entity with all the authority and capability
necessary to safeguard classified information and
covered controlled unclassified information in the
performance of classified contracts in accordance with
regulations prescribed by the Secretary; and
``(D) to manage all subcontractors and suppliers of
the entity performing work on a classified contract to
ensure that use of such subcontractors and suppliers
does not result in the compromise of classified
information or adversely affect the performance of
classified contracts;
``(2) be signed by an appropriate member of the board of
directors of the entity or a similar executive body determined
by the Secretary to function as an equivalent to a board of
directors;
``(3) be disseminated to all appropriate personnel of the
entity; and
``(4) be updated as necessary according to procedures
proscribed by the Secretary.
``(f) Reporting Requirements.--The Secretary of Defense shall
require an entity with a facility clearance to submit to the Department
of Defense a report on any event--
``(1) that affects the status of the facility clearance;
``(2) that affects proper safeguarding of classified
information or that indicates classified information has been
lost or compromised;
``(3) that affects the entity's compliance with Department
of Defense security agreements, contract provisions regarding
security, and relevant regulations of the Department of Defense
pertaining to industrial security; or
``(4) that is related to the entity's business and
management practices that results in the compromise of
classified information.''.

SEC. 832. FOREIGN OWNERSHIP CONTROL OR INFLUENCE.

(a) In General.--Subchapter III of chapter 21 of title 10, United
States Code, as added by section 831, is amended by adding at the end
the following new section:
``Sec. 439. Foreign ownership control or influence
``(a) Determination of Foreign Ownership Control or Influence.--
``(1) In general.--Before granting a facility clearance to
an entity, and while such entity holds a facility clearance,
the Secretary of Defense shall determine whether an entity is
under foreign ownership control or influence (in this
subchapter referred to as `FOCI').
``(2) Description of foci.--For purposes of paragraph (1),
the Secretary shall determine an entity to be under FOCI if a
foreign interest has the power, direct or indirect, whether or
not exercised, and whether or not exercisable through the
ownership of the entity's securities, by contractual
arrangements or other means, to direct or decide matters
affecting the management or operations of that entity in a
manner that may result in--
``(A) unauthorized access to classified
information;
``(B) unauthorized access to covered controlled
unclassified information;
``(C) an adverse effect on the performance of
classified contracts; or
``(D) an adverse effect on the entity's compliance
with Department of Defense security agreements,
appropriate contract provisions regarding security, and
relevant Department regulations pertaining to
industrial security.
``(b) FOCI Factors.--
``(1) In general.--The following factors relating to an
entity, a foreign interest, or a government of a foreign
interest shall be considered by the Secretary of Defense in
determining under this section whether an entity is under
foreign ownership control or influence and the protective
measures that may be required to mitigate the FOCI of the
entity:
``(A) Record of economic and government espionage
against United States targets by the entity, by any
foreign interest in the entity, and by the government
of any such foreign interest.
``(B) Record of enforcement of covered controlled
unclassified information or engagement in unauthorized
technology transfer.
``(C) The type and sensitivity of the information
expected to be accessed in performing a classified
contract.
``(D) The source, nature, and extent of FOCI,
including whether foreign interests hold a majority or
substantial minority position in the entity, taking
into consideration the immediate, intermediate, and
ultimate parent entities, sister entities, joint
ventures, and hedge funds.
``(E) Record of compliance with pertinent United
States laws, regulations, and contracts by the entity,
by the foreign interest (if any) in the entity, and by
parent entities, sister entities, joint ventures, and
hedge funds.
``(F) The nature of any bilateral and multilateral
security and information exchange agreements that may
pertain to the entity, any foreign interest in the
entity, and the government of any such foreign
interest.
``(G) Ownership, control, or influence of the
entity, in whole or in part, by a foreign government.
``(2) Minority position.--For purposes of paragraph (1)(D),
a minority position shall be considered substantial if--
``(A) it consists of greater than 5 percent of the
ownership interests;
``(B) it consists of greater than 10 percent of the
voting interest; or
``(C) the minority position controls a seat on the
entity's board of directors.
``(c) Mitigation of Foreign Ownership Control or Influence.--
``(1) Protective measures authorized for mitigation of
foci.--With respect to any entity with a facility clearance
under FOCI, as determined under subsection (a), the Secretary
of Defense may impose any security method, safeguard, or
restriction the Secretary believes necessary to ensure that the
entity complies with the general requirements for facility
clearances listed in subsection (b) of section 438 of this
title.
``(2) Government security committee requirement for
mitigation of foci.--
``(A) In general.--As part of the mitigation of
foreign ownership control or influence of an entity
determined to be under FOCI, the Secretary of Defense
shall require the entity to establish a permanent
committee of the entity's board of directors, or
equivalent executive body, to be known as the entity's
`Government Security Committee', for purposes of
carrying out the requirements of this paragraph.
``(B) Responsibilities of gsc.--The
responsibilities of the Government Security Committee
of an entity are to ensure that the entity employs and
maintains policies and procedures that ensure that the
entity complies with the general requirements for
facility clearances listed in subsection (b) of section
438 of this title.
``(C) Role of security manager in gsc.--The
employee of the entity designated pursuant to section
438(d)(1) as the security manager shall be the
principal advisor to the Government Security Committee
and attend committee meetings. The chairman of the
Government Security Committee must concur with the
appointment and replacement of persons filling the
position of security manager selected by management of
the entity. The functions of the security manager shall
be carried out under the authority of the Government
Security Committee.
``(3) Relationship to facility clearance.--In the case of
an entity with a facility clearance under FOCI, as determined
under subsection (a), the following provisions apply with
respect to the status of the facility clearance of the entity:
``(A) Continuation in effect while negotiating
mitigation measure.--The facility clearance of the
entity shall continue in effect if the entity is
negotiating with the Secretary a mitigation measure and
the Secretary determines that there is no indication
that classified information or covered controlled
unclassified information is at risk of compromise.
``(B) Invalidation if no mitigation measure within
six months.--(i) Subject to subparagraph (C), the
Secretary shall invalidate the facility clearance of
the entity if an acceptable mitigation measure has not
been agreed to by the Secretary and the entity by the
end of the six-month period beginning on the date of
the determination by the Secretary that the entity is
under FOCI.
``(ii) The six-month period described in clause (i)
may be extended for one additional three-month period
upon request by the entity if the Secretary approves an
extension.
``(C) Revocation if possibility of unauthorized
access or adverse effect.--The Secretary shall revoke
the facility clearance of the entity at any time if,
regardless of whether the entity is negotiating a
mitigation measure with the Secretary, the Secretary
determines that security measures cannot be taken to
remove the possibility of unauthorized access or an
adverse effect on classified contracts.
``(d) Notification to Department of Defense Regarding Change in
FOCI.--The Secretary of Defense shall require an entity to notify the
Secretary when material changes occur to information previously
submitted to the Department of Defense pertaining to the FOCI factors
affecting the entity as soon as such information is known to the
entity.
``(e) Notification to Department of Defense Regarding Mergers,
Acquisitions, or Takeovers by Foreign Persons.--The Secretary of
Defense shall require that when an entity with a facility clearance
enters into negotiations for a proposed merger, acquisition, or
takeover by a foreign person, the entity shall submit to the Secretary
of Defense a notification of the commencement of such negotiations and
a plan to negate the FOCI resulting from the transaction.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:

``Sec. 439. Foreign ownership control or influence.''.

SEC. 833. CONGRESSIONAL OVERSIGHT RELATING TO FACILITY CLEARANCES AND
FOREIGN OWNERSHIP CONTROL OR INFLUENCE; DEFINITIONS.

(a) Notifications and Reports.--Subchapter III of chapter 21 of
title 10, United States Code, as added by section 831, is further
amended by adding at the end the following new section:
``Sec. 440. Notifications and reports
``(a) Notifications Required.--The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a notification within 30 days after the occurrence
of any of the following:
``(1) The revocation or suspension by the Secretary of a
facility clearance of an entity previously determined to be
under foreign ownership control or influence.
``(2) The receipt by the Secretary of a notification under
section 439(d) from an entity that the entity has entered into
negotiations for a proposed merger, acquisition, or takeover by
a foreign person.
``(b) Biannual Report.--(1) The Secretary of Defense shall, not
later than September 1, 2009, and biannually thereafter, submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing the following:
``(A) Specific, cumulative, and, as appropriate, trend
information on the numbers of entities--
``(i) holding facility clearances;
``(ii) that have reported a material change
relating to FOCI factors;
``(iii) that have measures in place to mitigate
foreign ownership control or influence; or
``(iv) that have had a facility clearance suspended
or revoked.
``(B) Specific, cumulative, and, as appropriate, trend
information, on--
``(i) the entities that have filed for or maintain
facility clearances;
``(ii) the number of such entities determined to be
under foreign ownership control or influence;
``(iii) the countries from which such entities have
originated;
``(iv) the number that went through the Committee
on Foreign Investment in the United States; and
``(v) the types of security arrangements and
conditions that the Government Security Committees of
entities have used to mitigate foreign ownership
control or influence.
``(C) An analysis of trends in the Industrial Security
Program, including an assessment of the number and types of
errors found in compliance within the Program.
``(D) An analysis of the details of companies that have
committed violations of the Industrial Security Program and the
frequency of the violations, including the number of companies
that have committed recurring violations.
``(E) A description of the corrective actions, if any,
taken by the Defense Security Service to address the
violations.
``(2) The information required under paragraph (1)(B) shall be
organized and set forth separately in the report by defense sector
within the defense industrial base.
``(3) The report shall be submitted in an unclassified form, but
may contain a classified annex.''.
(b) Definitions.--Subchapter III of chapter 21 of title 10, United
States Code, as added by section 831, is further amended by adding at
the end the following new section:
``Sec. 440a. Definitions
``In this subchapter:
``(1) Entity.--The term `entity' includes a corporation,
company, association, firm, partnership, society, or joint
stock company, but does not include an individual.
``(2) Facility clearance.--The term `facility clearance',
with respect to an entity, means an administrative
determination by the Secretary of Defense that the entity is
eligible for--
``(A) access to classified information; or
``(B) award of a classified contract.
``(3) Classified information.--The term `classified
information' means any information that has been determined
pursuant to Executive Order 12958 or any predecessor order to
require protection against unauthorized disclosure and is so
designated. The classifications `top secret', `secret', and
`confidential' are used to designate such information.
``(4) Classified contract.--The term `classified contract'
means any contract requiring access to classified information
by a contractor or the contractor's employees in the
performance of the contract or in any phase of precontract
activity or post-contract activity.
``(5) Covered controlled unclassified information.--The
term `covered controlled unclassified information' means
unclassified information the export of which--
``(A) is controlled, in the case of technical data
that is inherently military in nature, by the
International Traffic in Arms Regulations (ITAR); and
``(B) is controlled, in the case of technical data
that has both military and commercial uses, by the
Export Administration Regulations (EAR).''.
(c) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new
items:

``Sec. 440. Notifications and reports.
``Sec. 440a. Definitions.''.
(d) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out subchapter III of chapter 21 of title 10,
United States Code, not later than September 1, 2009.
(e) Study and Report.--
(1) In general.--The Secretary of Defense shall conduct a
study on investments in entities covered by subchapter III of
chapter 21 of title 10, United States Code, as added by this
title. The study shall examine investments in such entities
by--
(A) foreign governments;
(B) entities controlled by or acting on behalf of a
foreign government;
(C) persons of foreign countries; and
(D) hedge funds.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the results of the study conducted under
paragraph (1). The information in the report shall be organized
and set forth separately by defense sector within the defense
industrial base.

Subtitle E--Other Matters

SEC. 841. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE DESIGNS
OF DEPARTMENT OF DEFENSE VESSELS, BOATS, AND CRAFT, AND
COMPONENTS THEREOF.

(a) In General.--Chapter 633 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7317. Status of Government rights in the designs of vessels,
boats, and craft, and components thereof
``Government rights in the design of a vessel, boat, or craft, or
its components, including the hull, decks, and superstructure, shall be
determined solely by operation of section 2320 of this title or by the
instrument under which the design was developed for the Government.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``7317. Status of Government rights in the designs of vessels, boats,
and craft, and components thereof.''.

SEC. 842. EXPANSION OF AUTHORITY TO RETAIN FEES FROM LICENSING OF
INTELLECTUAL PROPERTY.

Section 2260 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``or the Secretary of
Homeland Security'' after ``Secretary of Defense''; and
(2) in subsection (f)--
(A) by striking ``(f) Definitions.--In this
section, the'' and inserting the following:
``(f) Definitions.--In this section:
``(1) The''; and
(B) by adding at the end the following new
paragraph:
``(2) The term `Secretary concerned' has the meaning
provided in section 101(a)(9) of this title and also includes--
``(A) the Secretary of Defense, with respect to
matters concerning the Defense Agencies and Department
of Defense Field Activities; and
``(B) the Secretary of Homeland Security, with
respect to matters concerning the Coast Guard when it
is not operating as a service in the Department of the
Navy.''.

SEC. 843. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILESTONE A AND
MILESTONE B FOR CLARITY.

(a) Reversal of Order of Sections.--Section 2366b of title 10,
United States Code, is transferred so as to appear before section 2366a
of such title.
(b) Redesignation of Sections.--Section 2366b (relating to
Milestone A) and section 2366a (relating to Milestone B) of such title,
as so transferred, are redesignated as sections 2366a and 2366b,
respectively.
(c) Technical Amendment.--The table of sections at the beginning of
chapter 139 of title 10, United States Code, is amended by striking the
items relating sections 2366a and 2366b and inserting the following new
items:

``2366a. Major defense acquisition programs: certification required
before Milestone A or Key Decision Point A
approval.
``2366b. Major defense acquisition programs: certification required
before Milestone B or Key Decision Point B
approval.''.
(d) Conforming Amendments.--
(1) Section 181 of title 10, united states code.--Section
181(b)(4) of title 10, United States Code, is amended by
striking ``section 2366a(a)(4), section 2366b(b),'' and
inserting ``section 2366a(b), section 2366b(a)(4),''.
(2) National defense authorization act for fiscal year
2008.--The National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181) is amended--
(A) in section 212(1) by striking ``2366a'' and
inserting ``2366b''; and
(B) in section 816--
(i) in subsection (a)(2) by striking
``2366a'' and inserting ``2366b'';
(ii) in subsection (a)(3) by striking
``2366b of title 10, United States Code, as
added by section 943 of this Act'' and
inserting ``2366a of title 10, United States
Code''; and
(iii) in subsection (c)(2) by striking
``2366a'' each place such term appears
(including in the paragraph heading) and
inserting ``2366b''.
(3) John warner national defense authorization act for
fiscal year 2007.--The John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is
amended in section 812 (120 Stat. 2317), in each of subsections
(c)(2)(A) and (d)(2), by striking ``2366a'' and inserting
``2366b''.

SEC. 844. EARNED VALUE MANAGEMENT STUDY AND REPORT.

(a) Study.--The Secretary of Defense shall conduct a study that--
(1) assesses weaknesses in earned value management
implementation, including a review of the methodology, accuracy
of data, training, and information technology systems used to
develop earned value management data;
(2) audits the accuracy of the earned value management data
provided by vendors to the Federal Government concerning
acquisition categories I and II programs; and
(3) measures the success of utilizing earned value
management to deliver program objectives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate committees a report that--
(1) identifies recommendations for improving the
implementation of earned value management, including
alternatives; and
(2) contains the findings of the study conducted under
subsection (a).
(c) Definitions.--In this section:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives.
(2) Earned value management.--The term ``earned value
management'' has the meaning given that term in section 300 of
part 7 of Office of Management and Budget Circular A-11.

SEC. 845. REPORT ON MARKET RESEARCH.

(a) Report Required.--Not later than October 1, 2009, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the market research
conducted by the Secretary in implementing section 2377 of title 10,
United States Code.
(b) Sample Examined.--For purposes of the report, the Secretary
shall examine a representative sample of contracts and task or delivery
orders, each of which--
(1) is for an amount in excess of $5,000,000; and
(2) is for the acquisition of a mission critical or a
complex military system in which computer software is a
component or subcomponent.
(c) Matters Covered.--The report shall contain the following:
(1) A statement of the total number of contracts and task
or delivery orders awarded in fiscal year 2007 for a mission
critical or complex military system in which software is a
component or subcomponent.
(2) A statement of the number of contracts and task or
delivery orders in the sample examined for purposes of the
report (as described in subsection (b)), and a description of
those contracts and orders.
(3) For the sampled contracts and orders, a description of
how often market research was performed on the sampled
contracts and orders.
(4) For the sampled contracts and orders, a description of
whether a Government employee or a contractor employee
performed the market research and how the market research was
performed.
(5) For the sampled contracts and orders, an identification
of--
(A) instances when the market research identified
software that was available as a commercial item and
that could be used to meet the Government's
requirements;
(B) instances when the software was modified or
proposed to be modified to meet the Department's
requirements; or
(C) instances when the Department's requirements
were modified to meet the capability of the commercial
item software.
(6) An identification of the training tools the Secretary
of Defense has developed to assist contracting officials in
performing market research.
(7) An identification of actions the Department of Defense
intends to take to further implement section 2377 of title 10,
United States Code, and section 826(b) of the National Defense
Authorization Act for Fiscal year 2007 (Public Law 110-181; 10
U.S.C. 2377 note), including dissemination of best practices
and corrective actions where necessary.

SEC. 846. SYSTEM DEVELOPMENT AND DEMONSTRATION BENCHMARK REPORT.

(a) System Development and Demonstration Benchmark Report.--
(1) Benchmark report required.--The Secretary of a military
department shall submit a system development and demonstration
benchmark report as an annex to the baseline description
required in section 2435 of title 10, United States Code, for
each major defense acquisition program identified in subsection
(b). Such a system development and demonstration benchmark
report shall be based upon the most recent contractor proposal,
the capabilities development document, and the systems
requirements document approved prior to Milestone B approval
and shall include the following information:
(A) The key performance parameters and technical
requirements identified in the capabilities development
document and systems requirements document.
(B) A detailed description of performance
capabilities proposed by the contractor, matched to the
capabilities and requirements in the capabilities
development document and systems requirements document.
(C) A target cost for system development and
demonstration, excluding incentive or award fees and
including both government and non-government costs.
(D) A detailed outline of negotiated contract
incentive or award fees.
(E) A detailed outline of contract ceiling price,
target cost, target profit, and contract share line.
(F) A schedule of key events.
(G) An identification of critical technologies and
associated technology readiness levels estimated for
each upon both the initiation and the conclusion of
system development and demonstration.
(H) Estimated percentage completion of detail
design at each scheduled design readiness review and
the scheduled Milestone C approval date.
(I) A discussion of development risk and
concurrency within the program.
(J) Any other factors that the milestone decision
authority considers relevant.
(2) Timeline for submission of benchmark report.--A system
development and demonstration benchmark report for a major
defense acquisition program identified in subsection (b) shall
be submitted to the congressional defense committees and
prepared under this section--
(A) not later than 30 days after the date of the
enactment of this Act, if the Department of Defense has
entered into a contract for system development and
demonstration for such a major defense acquisition
program prior to the date of enactment of this Act; or
(B) in accordance with the requirements for the
establishment of a baseline description required by
section 2435 of title 10, United States Code, in any
other case.
(3) Alterations.--No alterations or revisions may be made
to a system development and demonstration benchmark report
after the first such report is prepared in accordance with
paragraph (2).
(b) Major Defense Acquisition Programs Included.--For the purposes
of this section, the major defense acquisition programs to be included
in the pilot program are the following:
(1) BAMS, broad area maritime surveillance unmanned aerial
vehicle.
(2) CSAR-X, combat search and rescue helicopter.
(3) JLTV, joint light tactical vehicle.
(4) KC-45A, aerial refueling tanker.
(5) VH-71, presidential helicopter, increment II.
(6) Warrior-Alpha, unmanned aerial vehicle.
(c) System Development and Demonstration Changes.--The Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
establish a Configuration Steering Board for each major defense
acquisition program identified in subsection (b). The Board shall
oversee any proposed alteration to the requirements or to the proposed
technical configuration for such a major defense acquisition program
during system development and demonstration. If such an alteration
would increase the cost to the Government, extend the schedule by more
than 30 days, or alter the proposed performance capabilities, as
established in the system development and demonstration baseline
required by subsection (a), the Configuration Steering Board shall not
approve the alteration until--
(1) the chair of the Configuration Steering Board has
submitted to the congressional defense committees a written
description of the alteration and an explanation of the
rationale for the alteration; and
(2) not less than 15 days have expired since the date of
submission of such description and explanation to those
committees.
(d) Additional Reporting Requirements.--
(1) In general.--The Secretary of a military department
shall submit a semi-annual contract performance assessment
report to the milestone decision authority and to the
congressional defense committees on each major defense
acquisition program identified in subsection (b). The report
shall be in unclassified form, but may have a classified annex
or an annex that is restricted to protect source selection,
business-sensitive, or proprietary information.
(2) Contents.--Each such report shall describe contract
execution regarding contract cost performance, schedule
performance, and incentive or award fee reviews and outlays,
and an estimated cost at completion of the end item compared to
the system development and demonstration benchmark report
required in subsection (a)(1).
(3) First report.--The first such report shall be submitted
not later than 180 days after--
(A) system design and development contract award;
or
(B) after enactment of this Act in the case of a
system design and development contract that was awarded
before the date of the enactment of this Act.
(4) Termination of reporting requirement.--The reporting
requirement shall terminate upon a full rate production
decision for each major defense acquisition program identified
in subsection (b).
(e) Prohibition on Milestone C Approval.--(1) Except as provided in
paragraph (2), the Milestone C approval shall not be granted if the
milestone decision authority determines, on the basis of a report
submitted pursuant to subsection (d), or has other reason to believe,
that--
(A) the cost (including any increase for expected
inflation or currency exchange rates) for system
development and demonstration has increased by more
than 25 percent over the system development and
demonstration baseline established in (a)(1), or
(B) the schedule for key events is delayed by more
than 15 percent of the total number of months between
the award of the system development and demonstration
contract and the scheduled Milestone C approval date,
as provided in the system development and demonstration
baseline established in subsection (a)(1).
(2) The Under Secretary of Defense for Acquisition,
Technology, and Logistics may waive the prohibition in
paragraph (1) upon certification to the congressional defense
committees, along with supporting rationale, that proceeding to
low rate initial production is in the best interest of the
Department of Defense.
(f) Definitions.--In this section:
(1) Configuration steering board.--The term ``Configuration
Steering Board'' means the committee described in the
memorandum regarding Configuration Steering Boards from the
Under Secretary of Defense for Acquisition, Technology, and
Logistics dated July 30, 2007, for the secretaries of the
military departments, Chairman of the Joint Chiefs of Staff,
Under Secretaries of Defense, and Commander, U.S. Special
Operations Command.
(2) Milestone b approval.--The term ``Milestone B
approval'' has the meaning provided in section 2366(e)(7) of
title 10, United States Code.
(3) Milestone c approval.--The term ``Milestone C
approval'' has the meaning provided in section 2366(e)(8) of
title 10, United States Code.
(4) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning provided in
section 2430 of title 10, United States Code.

SEC. 847. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY CONTRACTORS
PERFORMING SECURITY FUNCTIONS IN AREAS OF COMBAT
OPERATIONS.

Section 862(a)(2)(D) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) is amended--
(1) by striking ``or'' at the end of clause (ii); and
(2) by adding at the end the following new clauses:
``(iv) a weapon is discharged against
personnel performing private security functions
in an area of combat operations or personnel
performing such functions believe a weapon was
so discharged; or
``(v) active, non-lethal countermeasures
(other than the discharge of a weapon) are
employed by the personnel performing private
security functions in an area of combat
operations in response to a perceived immediate
threat to such personnel;''.

SEC. 848. REPORT RELATING TO MUNITIONS.

Not later than March 1, 2009, the Secretary of Defense shall submit
to the congressional defense committees a report detailing how 60mm and
81mm munitions used by the Armed Forces are procured, including, where
relevant, an explanation of the decision to procure such munitions from
non-domestic sources and the justification for awarding contracts to
non-domestic sources. The report shall also include a plan to develop a
domestic producer as the source for 60mm and 81mm munitions used by the
Armed Forces by 2012.

SEC. 849. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR
PERSONNEL IN IRAQ AND AFGHANISTAN.

(a) Requirements for Defense Contractors.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop requirements relating to covered offenses allegedly
perpetrated by or against contractor personnel in the case of
defense contractors performing covered contracts.
(2) Specific matters covered.-- The requirements developed
under paragraph (1) shall include the following:
(A) Reporting requirement.--A requirement for
defense contractors to report, in a manner prescribed
by the Secretary of Defense, covered offenses allegedly
perpetrated by or against contractor personnel.
(B) Assistance.--A requirement for defense
contractors to provide for victim and witness safety,
medical assistance, and psychological assistance in the
case of a covered offense. The Secretary of Defense
shall prescribe regulations to carry out this
subparagraph, and the regulations shall be in
accordance with regulations of the Department of
Defense relating to restricted reporting for sexual
assaults.
(C) Information.--A requirement that the contractor
provide to all contractor personnel who will perform
work on the contract, before beginning such work,
information on the following:
(i) How and where to report an alleged
covered offense.
(ii) Where to seek the assistance required
by subparagraph (B).
(3) Implementation as condition of current and future
contracts.--
(A) Current contracts.--With respect to any covered
contract in effect on the date of the enactment of this
Act, the contract shall be modified to include the
requirements under paragraph (1) as a condition of the
contract.
(B) Future contracts.--With respect to any covered
contract entered into by the Department of Defense
after the date of the enactment of this Act, the
requirements developed under paragraph (1) shall be
included as a condition of the covered contract.
(b) Government Requirements.--Beginning not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall make publicly available a numerical accounting of alleged covered
offenses reported under this section. The information shall be updated
no less frequently than quarterly.
(c) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract''--
(A) means a contract with the Department of Defense
performed--
(i) in Iraq or Afghanistan; or
(ii) in any area designated by the
Secretary as being in support of the United
States mission in Iraq or Afghanistan; and
(B) includes--
(i) any subcontract at any tier under the
contract; and
(ii) any task order or delivery order
issued under the contract or such a
subcontract.
(2) Covered offense.--The term ``covered offense'', with
respect to a covered contract, means an offense under chapter
212 of title 18, United States Code--
(A) that is a crime of violence (as defined in
section 16 of such title 18); and
(B) that is committed--
(i) by or against contractor personnel; and
(ii) in geographic areas where the covered
contract is performed.
(3) Contractor personnel.--The term ``contractor
personnel'' means any person performing work under a covered
contract, including individuals and subcontractors at any tier.

SEC. 850. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT AN ACQUISITION
STRATEGY FOR DEFENSE BASE ACT INSURANCE.

(a) In General.--The Secretary of Defense shall adopt an
acquisition strategy for insurance required by the Defense Base Act (42
U.S.C. 1651 et seq.) which minimizes the cost of such insurance to the
Department of Defense.
(b) Criteria.--The Secretary shall ensure that the acquisition
strategy adopted pursuant to subsection (a) addresses the following
criteria:
(1) Minimize overhead costs associated with obtaining such
insurance, such as direct or indirect costs for contract
management and contract administration.
(2) Minimize costs for coverage of such insurance
consistent with realistic assumptions regarding the likelihood
of incurred claims by contractors of the Department.
(3) Provide for a correlation of premiums paid in relation
to claims incurred that is modeled on best practices in
government and industry for similar kinds of insurance.
(4) Provide for a low level of risk to the Department.
(5) Provide for a competitive marketplace for insurance
required by the Defense Base Act to the maximum extent
practicable.
(c) Options.--In adopting the acquisition strategy pursuant to
subsection (a), the Secretary shall consider the following options:
(1) Entering into a single Defense Base Act insurance
contract for the Department of Defense.
(2) Entering into a single Defense Base Act insurance
contract for contracts involving performance in theaters of
combat operations.
(3) Entering into a contract vehicle, such as a multiple
award contract, that provides for competition among contractors
for categories of insurance coverage, such as construction,
aviation, security, and other categories of insurance.
(4) Using a retrospective rating approach to Defense Base
Act insurance that adjusts rates according to actual claims
incurred on a cost reimbursement basis.
(5) Adopting a self-insurance approach to Defense Base Act
insurance for Department of Defense contracts.
(6) Such other options as the Secretary deems to best
satisfy the criteria identified under subsection (b).
(d) Report.--(1) Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the Senate,
and the Committee on Oversight and Government Reform of the House of
Representatives a report on the acquisition strategy adopted pursuant
to subsection (a).
(2) The report shall include a discussion of each of the options
considered pursuant to subsection (c) and the extent to which each
option addresses the criteria identified under subsection (b), and
shall include a plan to implement within 18 months after the date of
enactment of this Act the acquisition strategy adopted by the
Secretary.
(e) Review of Acquisition Strategy.--As considered appropriate by
the Secretary, but not less often than once every 3 years, the
Secretary shall review and, as necessary, update the acquisition
strategy adopted pursuant to subsection (a) to ensure that it best
addresses the criteria identified under subsection (b).

SEC. 851. MOTOR CARRIER FUEL SURCHARGES.

(a) Pass Through and Disclosure.--Chapter 157 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2652. Motor carrier fuel surcharges
``(a) Pass Through to Cost Bearer.--In all carriage contracts in
which a fuel-related adjustment is provided for, the Secretary of
Defense shall require that a motor carrier, broker, or freight
forwarder providing or arranging truck transportation or service using
fuel for which it does not bear the cost pay to the person who bears
the cost of such fuel the amount of all charges that relate to the cost
of fuel that were invoiced or otherwise presented to the person
responsible directly to the motor carrier, broker, or freight forwarder
for payment for the transportation or service.
``(b) Disclosure.--The Secretary shall require in a contract
described in subsection (a) that a motor carrier, broker, or freight
forwarder providing or arranging transportation or service using fuel
not paid for by it disclose any fuel-related adjustment by making the
amount of the adjustment publicly available, including on the Internet.
``(c) Regulations.--The Secretary shall prescribe regulations to
ensure contracts described in subsection (a) include measures necessary
to ensure enforcement of this section.''.
(b) Conforming Amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following: new
item:

``Sec. 2652. Motor carrier fuel surcharges.''.

SEC. 852. REQUIREMENT FOR DEFENSE CONTRACT CLAUSE PROHIBITING CERTAIN
USES OF FOREIGN SHELL COMPANIES.

(a) Contract Clause Requirement.--Not later than 180 days after the
date of the enactment of this Act, the Federal Acquisition Regulation
shall be revised to require each contract awarded by the Department of
Defense to contain a clause prohibiting the contractor from performing
the contract using a subsidiary or subcontractor that is a foreign
shell company if the foreign shell company will perform the work of the
contract or subcontract using United States citizens or permanent
residents of the United States.
(b) Foreign Shell Company.--In this section, the term ``foreign
shell company'' means an entity--
(1) that is incorporated outside the United States or
Canada; and
(2) that does not manage, direct, or exercise operational
control over personnel performing work under a contract of the
entity.
(c) Applicability.--The contract clause required by this section
shall apply to contracts in amounts greater than the simplified
acquisition threshold (as defined in section 2302a of title 10, United
States Code) entered into after the 210-day period beginning on the
date of the enactment of this Act.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

SEC. 901. REVISIONS IN FUNCTIONS AND ACTIVITIES OF SPECIAL OPERATIONS
COMMAND.

Subsection (j) of section 167 of title 10, United States Code, is
amended to read as follows:
``(j) Special Operations Activities.--For purposes of this section,
special operations activities include each of the following insofar as
it relates to special operations:
``(1) Unconventional warfare.
``(2) Irregular warfare.
``(3) Counterterrorism.
``(4) Counterinsurgency.
``(5) Counterproliferation of weapons of mass destruction.
``(6) Direct action.
``(7) Strategic reconnaissance.
``(8) Foreign internal defense.
``(9) Civil-military defense.
``(10) Psychological and information operations.
``(11) Humanitarian assistance.
``(12) Theater search and rescue.
``(13) Such other activities as may be specified by the
President or the Secretary of Defense.''.

SEC. 902. REQUIREMENT TO DESIGNATE OFFICIALS FOR IRREGULAR WARFARE.

The Secretary of Defense shall designate--
(1) a single executive agent for irregular warfare within
the Department of Defense; and
(2) an Assistant Secretary of Defense to be responsible for
overall management and coordination of irregular warfare.

SEC. 903. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPECIAL OPERATIONS
FORCES.

(a) Requirement for Plan.--Not later than 30 days after the date of
the enactment of this Act, the commander of the special operations
command shall submit to the congressional defense committees a plan
relating to personnel management of special operations forces.
(b) Matters Covered.--The plan submitted under subsection (a) shall
address the following:
(1) Coordination among the military departments in order to
enhance the manpower management and improve overall readiness
of special operations forces.
(2) Coordination by the commander of the special operations
command with the Secretaries of the military departments in
order to better execute his responsibility to maintain
readiness of special operations forces, including in the areas
of accessions, assignments, compensation, promotions,
professional development, retention, sustainment, and training.

SEC. 904. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS.

(a) Establishment of Position; Duties.--Chapter 4 of title 10,
United States Code, is amended by inserting after section 139a the
following new section:
``Sec. 139b. Director of Operational Energy Plans and Programs
``(a) Appointment.--There is a Director of Operational Energy Plans
and Programs in the Department of Defense (in this section referred to
as the `Director'), appointed by the President, by and with the advice
and consent of the Senate. The Director shall be appointed without
regard to political affiliation and solely on the basis of fitness to
perform the duties of the office of Director.
``(b) Duties.--The Director shall--
``(1) provide leadership and facilitate communication
regarding, and conduct oversight to manage and be accountable
for, operational energy plans and programs within the
Department of Defense and the Army, Navy, Air Force, and Marine
Corps;
``(2) establish the operational energy strategy;
``(3) coordinate and oversee planning and program
activities of the Department of Defense and the Army, Navy, Air
Force, and the Marine Corps related to--
``(A) implementation of the operational energy
strategy;
``(B) the consideration of operational energy
demands in defense planning, requirements, and
acquisition processes; and
``(C) research and development investments related
to operational energy demand and supply technologies;
and
``(4) monitor and review all operational energy initiatives
in the Department of Defense.
``(c) Principal Advisor for Operational Energy Plans and
Programs.--(1) The Director is the principal adviser to the Secretary
of Defense and the Deputy Secretary of Defense regarding operational
energy plans and programs and the principal policy official within the
senior management of the Department of Defense regarding operational
energy plans and programs.
``(2) The Director may communicate views on matters related to
operational energy plans and programs and the energy strategy required
by subsection (d) directly to the Secretary of Defense and the Deputy
Secretary of Defense without obtaining the approval or concurrence of
any other official within the Department of Defense.
``(d) Operational Energy Strategy.--(1) The Director shall be
responsible for the establishment and maintenance of a department-wide
transformational strategy for operational energy. The strategy shall
establish near-term, mid-term, and long-term goals, performance metrics
to measure progress in meeting the goals, and a plan for implementation
of the strategy within the military departments, the Office of the
Secretary of Defense, and Defense Agencies.
``(2) Not later than 90 days after the date on which the Director
is first appointed, the Secretary of each of the military departments
shall designate a senior official within each armed force under the
jurisdiction of the Secretary who will be responsible for operational
energy plans and programs for that armed force. The officials shall be
responsible for coordinating with the Director and implementing
initiatives pursuant to the strategy with regard to that official's
armed force.
``(3) By authority of the Secretary of Defense, the Director shall
prescribe policies and procedures for the implementation of the
strategy. The Director shall provide guidance to, and consult with, the
Secretary of Defense, the Deputy Secretary of Defense, the Secretaries
of the military departments, and the officials designated under
paragraph (2) with respect to specific operational energy plans and
programs to be carried out pursuant to the strategy.
``(4) The initial strategy shall be submitted to the congressional
defense committees not later than 180 days after the date on which the
Director is first appointed. Subsequent updates to the strategy shall
be submitted to the congressional defense committees as soon as
practicable after the modifications to the strategy are made.
``(e) Budgetary and Financial Matters.--(1) The Director shall
review and make recommendations to the Secretary of Defense regarding
all budgetary and financial matters relating to the operational energy
strategy.
``(2) The Secretary of Defense shall require that the Secretary of
each military department and the head of each Defense Agency with
responsibility for executing activities associated with the strategy
transmit their proposed budget for those activities for a fiscal year
to the Director for review before submission of the proposed budget to
the Under Secretary of Defense (Comptroller).
``(3) The Director shall review a proposed budget transmitted under
paragraph (2) for a fiscal year and, not later than January 31 of the
preceding fiscal year, shall submit to the Secretary of Defense a
report containing the comments of the Director with respect to the
proposed budget, together with the certification of the Director
regarding whether the proposed budget is adequate for implementation of
the strategy.
``(4) Not later than 10 days after the date on which the budget for
a fiscal year is submitted to Congress pursuant to section 1105 of
title 31, the Secretary of Defense shall submit to Congress a report on
the proposed budgets for that fiscal year that the Director has not
certified under paragraph (3). The report shall include the following:
``(A) A discussion of the actions that the Secretary
proposes to take, together with any recommended legislation
that the Secretary considers appropriate, to address the
inadequacy of the proposed budgets.
``(B) Any additional comments that the Secretary considers
appropriate regarding the inadequacy of the proposed budgets.
``(5) The report required by paragraph (4) shall also include a
separate statement of estimated expenditures and requested
appropriations for that fiscal year for the activities of the Director
in carrying out the duties of the Director.
``(f) Access to Initiative Results and Records.--(1) The Secretary
of a military department shall submit to the Director the results of
all studies and initiatives conducted by the military department in
connection with the operational energy strategy.
``(2) The Director shall have access to all records and data in the
Department of Defense (including the records and data of each military
department) necessary in order to permit the Director to carry out the
duties of the Director.
``(g) Staff.--The Director shall have a dedicated professional
staff of military and civilian personnel in a number sufficient to
enable the Director to carry out the duties and responsibilities of the
Director.
``(h) Definitions.--In this section:
``(1) Operational energy.--The term `operational energy'
means the energy required for moving and sustaining military
forces and weapons platforms for military operations. The term
includes energy used by tactical power systems and generators
and weapons platforms.
``(2) Operational energy strategy.--The terms `operational
energy strategy' and `strategy' mean the operational energy
strategy developed under subsection (d).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
139a the following new item:

``139b. Director of Operational Energy Plans and Programs.''.

SEC. 905. CORROSION CONTROL AND PREVENTION EXECUTIVES FOR THE MILITARY
DEPARTMENTS.

(a) Requirement to Designate Corrosion Control and Prevention
Executive.--Not later than 90 days after the date of the enactment of
this Act, the Assistant Secretary of each military department with
responsibility for acquisition, technology, and logistics shall
designate an employee of the military department as the corrosion
control and prevention executive. Such executive shall be the senior
official in the department with responsibility for coordinating
department-level corrosion control and prevention program activities
(including budget programming) with the military department and the
Office of the Secretary of Defense, the program executive officers of
the military departments, and relevant major subordinate commands of
the military departments.
(b) Duties.--(1) The corrosion control and prevention executive of
a military department shall ensure that corrosion control and
prevention is maintained in the department's policy and guidance for
management of each of the following:
(A) System acquisition and production, including design and
maintenance.
(B) Research, development, test, and evaluation programs
and activities.
(C) Equipment standardization programs, including
international standardization agreements.
(D) Logistics research and development initiatives.
(E) Logistics support analysis as it relates to integrated
logistic support in the materiel acquisition process.
(F) Military infrastructure design, construction, and
maintenance.
(2) The corrosion control and prevention executive of a military
department shall be responsible for identifying the funding levels
necessary to accomplish the items listed in subparagraphs (A) through
(F) of paragraph (1).
(3) The corrosion control and prevention executive of a military
department shall, in cooperation with the appropriate staff of the
department, develop, support, and provide the rationale for resources--
(A) to initiate and sustain an effective corrosion control
and prevention program in the department;
(B) to evaluate the program's effectiveness; and
(C) to ensure that corrosion control and prevention
requirements for materiel are reflected in budgeting and
policies of the department for the formulation, management, and
evaluation of personnel and programs for the entire department,
including its reserve components.
(4) The corrosion control and prevention executive of a military
department shall be the principal point of contact of the department to
the Director of Corrosion Policy and Oversight (as assigned under
section 2228 of title 10, United States Code).
(5) The corrosion control and prevention executive of a military
department shall submit an annual report to the Secretary of Defense
containing recommendations pertaining to the corrosion control and
prevention program of the military department, including corrosion-
related funding levels to carry out all of the duties of the executive
under this section.

SEC. 906. ALIGNMENT OF DEPUTY CHIEF MANAGEMENT OFFICER
RESPONSIBILITIES.

Section 192(e) of title 10, United States Code, is amended to read
as follows:
``(e) Special Rule for Defense Business Transformation Agency.--
Notwithstanding the results of any periodic review under subsection (c)
with regard to the Defense Business Transformation Agency, the
Secretary of Defense shall designate that the Director of the Agency
shall report directly to the Deputy Chief Management Officer of the
Department of Defense.''.

SEC. 907. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE A
STRATEGIC PLAN TO ENHANCE THE ROLE OF THE NATIONAL GUARD
AND RESERVES.

(a) Plan.--Not later than April 1, 2009, the Secretary of Defense,
in consultation with the Chairman of the Joint Chiefs of Staff and the
Chief of the National Guard Bureau, shall prepare a plan for enhancing
the roles of the National Guard and Reserve--
(1) when federalized in the case of the National Guard, or
activated in the case of the Reserves, in support of operations
conducted under title 10, United States Code; and
(2) in support of operations conducted under title 32,
United States Code, or in support of State missions.
(b) Matters to Be Assessed.--In preparing the plan, the Secretary
shall assess--
(1) the findings, conclusions, and recommendations of the
Final Report to Congress and the Secretary of Defense of the
Commission on the National Guard and Reserves, dated January
31, 2008, and titled ``Transforming the National Guard and
Reserves into a 21st-Century Operational Force''; and
(2) the provisions of H.R. 5603 of the 110th Congress, as
introduced on March 13, 2008 (the National Guard Empowerment
and State-National Defense Integration Act of 2008).
(c) Report.--Not later than April 1, 2009, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the plan required under this
section. The report shall include recommendations on--
(1) any changes to the current Department of Defense
organization, structure, command relationships, budget
authority, procurement authority, and compensation and
benefits;
(2) any legislation that the Secretary considers necessary;
and
(3) any other matter the Secretary considers appropriate.

SEC. 908. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE DEPARTMENT
OF THE NAVY AND MARINE CORPS.

(a) Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.--
(1) Redesignation of military department.--The military
department designated as the Department of the Navy is
redesignated as the Department of the Navy and Marine Corps.
(2) Redesignation of secretary and other statutory
offices.--
(A) Secretary.--The position of the Secretary of
the Navy is redesignated as the Secretary of the Navy
and Marine Corps.
(B) Other statutory offices.--The positions of the
Under Secretary of the Navy, the four Assistant
Secretaries of the Navy, and the General Counsel of the
Department of the Navy are redesignated as the Under
Secretary of the Navy and Marine Corps, the Assistant
Secretaries of the Navy and Marine Corps, and the
General Counsel of the Department of the Navy and
Marine Corps, respectively.
(b) Conforming Amendments to Title 10, United States Code.--
(1) Definition of ``military department''.--Paragraph (8)
of section 101(a) of title 10, United States Code, is amended
to read as follows:
``(8) The term `military department' means the Department
of the Army, the Department of the Navy and Marine Corps, and
the Department of the Air Force.''.
(2) Organization of department.--The text of section 5011
of such title is amended to read as follows: ``The Department
of the Navy and Marine Corps is separately organized under the
Secretary of the Navy and Marine Corps.''.
(3) Position of secretary.--Section 5013(a)(1) of such
title is amended by striking ``There is a Secretary of the
Navy'' and inserting ``There is a Secretary of the Navy and
Marine Corps''.
(4) Chapter headings.--
(A) The heading of chapter 503 of such title is
amended to read as follows:

``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

(B) The heading of chapter 507 of such title is
amended to read as follows:

``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
CORPS''.

(5) Other amendments.--
(A) Title 10, United States Code, is amended by
striking ``Department of the Navy'' and ``Secretary of
the Navy'' each place they appear other than as
specified in paragraphs (1), (2), (3), and (4)
(including in section headings, subsection captions,
tables of chapters, and tables of sections) and
inserting ``Department of the Navy and Marine Corps''
and ``Secretary of the Navy and Marine Corps'',
respectively, in each case with the matter inserted to
be in the same typeface and typestyle as the matter
stricken.
(B)(i) Sections 5013(f), 5014(b)(2), 5016(a),
5017(2), 5032(a), and 5042(a) of such title are amended
by striking ``Assistant Secretaries of the Navy'' and
inserting ``Assistant Secretaries of the Navy and
Marine Corps''.
(ii) The heading of section 5016 of such title, and
the item relating to such section in the table of
sections at the beginning of chapter 503 of such title,
are each amended by inserting ``and Marine Corps''
after ``of the Navy'', with the matter inserted in each
case to be in the same typeface and typestyle as the
matter amended.
(c) Other Provisions of Law and Other References.--
(1) Title 37, united states code.--Title 37, United States
Code, is amended by striking ``Department of the Navy'' and
``Secretary of the Navy'' each place they appear and inserting
``Department of the Navy and Marine Corps'' and ``Secretary of
the Navy and Marine Corps'', respectively.
(2) Other references.--Any reference in any law other than
in title 10 or title 37, United States Code, or in any
regulation, document, record, or other paper of the United
States, to the Department of the Navy shall be considered to be
a reference to the Department of the Navy and Marine Corps. Any
such reference to an office specified in subsection (b)(2)
shall be considered to be a reference to that officer as
redesignated by that section.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first month beginning
more than 60 days after the date of the enactment of this Act.

SEC. 909. SUPPORT TO COMMITTEE REVIEW.

(a) Findings.--Congress finds the following:
(1) In accordance with section 118 of title 10, United
States Code, the Department of Defense conducts a Quadrennial
Defense Review as a comprehensive examination of ``the national
defense strategy, force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense
program and policies of the United States with a view toward
determining and expressing the defense strategy of the United
States and establishing a defense program for the next 20
years''.
(2) In submitting reports on these reviews to the
Committees on Armed Services of the Senate and the House of
Representatives, the Secretary is mandated to include the
threats to the assumed or defined national security interests
of the United States, the threat-based scenarios developed to
conduct the review, and other assumptions that impact the
ability to counter such threats, including force readiness,
cooperation of allies, warning times, and levels of engagement
in operations other than war and smaller-scale contingencies.
(3) There is no statutory requirement to assume certain
funding levels available to the Department of Defense in the
conduct of this review because Congress reserves its
prerogative to provide the resources necessary to address
threats to United States national security interests and uses
this review as a data point in determining the proper level of
those resources.
(4) The reports associated with the 1997, 2001, and 2006
reviews clearly demonstrated that the Secretary made certain
assumptions about anticipated funding.
(5) As a result, the reported recommendations were
unnecessarily constrained by those funding assumptions.
(6) As the Department of Defense is preparing to conduct
another Quadrennial Defense Review with a report due to the
Congress by 2010, the Committee on Armed Services of the House
of Representatives should review in a bipartisan, thorough
manner the military capabilities required to address challenges
to United States national security interests over the next 20
years.
(b) Support Required.--Within 15 days after receiving a request,
the Secretary of Defense shall provide the Committee on Armed Services
of the House of Representatives with any information or data requested
by that Committee so that it can review in a comprehensive, threat-
based, and bipartisan manner the national defense strategy, force
structure, force modernization plans, infrastructure, budget plan, and
other elements of the defense program and policies of the United States
with a view toward determining and expressing the defense strategy of
the United States and establishing a defense program for the next 20
years, as well as preparing for the upcoming Quadrennial Roles and
Missions Review and Quadrennial Defense Review.

Subtitle B--Space Activities

SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR PROVISION OF
SPACE SURVEILLANCE NETWORK SERVICES TO NON-UNITED STATES
GOVERNMENT ENTITIES.

Section 2274(i) of title 10, United States Code, is amended by
striking ``September 30, 2009'' and inserting ``September 30, 2010''.

SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR COMMERCIAL SATELLITE
CAPABILITIES.

(a) Requirement.--The Secretary of Defense shall conduct an
assessment to determine a recommended investment and acquisition
strategy for commercial satellite capabilities.
(b) Elements.--The assessment required under subsection (a) shall
include the following:
(1) Review of national and defense policy relevant to the
requirements for, acquisition of, and use of commercial
satellite capabilities, and the relationship with commercial
satellite providers.
(2) Assessment of the manner in which commercial satellite
capabilities are utilized by the Department of Defense and
options for expanding such utilization or identifying new means
to leverage commercial satellite capabilities, such as hosting
payloads.
(3) Review of military requirements for satellite
communications and remote sensing by quantity, quality,
timeline, and any other metric considered appropriate.
(4) Description of current and planned commercial satellite
capabilities and an assessment of their ability to meet the
requirements identified in paragraph (3).
(5) Assessment of the ability of commercial satellite
capabilities to meet other military requirements not identified
in paragraph (3).
(6) Description of the utilization of and resources
allocated to commercial satellite communications and remote
sensing in the past (past five years), present (current date
through Future Years Defense Plan (FYDP)), and future (beyond
the FYDP) to meet the requirements identified in paragraph (3).
(7) Assessment of purchasing patterns that may lead to
recommendations in which the Department may consolidate
requirements, centralize operations, aggregate purchases, or
leverage purchasing power (including the use of multiyear
contracting).
(8) Assessment of various models for acquiring commercial
satellite capabilities, including funding, management, and
operations models.
(c) Report.--
(1) In general.--Not later than February 1, 2009, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth the results of the assessment
required under subsection (a) and provide recommendations, to
include--
(A) the recommended investment and acquisition
strategy or strategies of the Department for commercial
satellite capabilities;
(B) how the investment and acquisition strategy or
strategies should be addressed in fiscal years after
fiscal year 2009; and
(C) a proposal for such legislative action as the
Secretary considers necessary to acquire appropriate
types and amounts of commercial satellite capabilities.
(2) Form.--The report shall be in unclassified form, but
may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``commercial satellite capabilities'' means
the system, capability, or service provided by a commercial
satellite provider.
(2) The term ``commercial satellite provider'' refers to
privately owned and operated space systems, their technology,
components, products, data, services, and related information,
as well as foreign systems whose products and services are sold
commercially.

Subtitle C--Chemical Demilitarization Program

SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMISSIONS IN
COLORADO AND KENTUCKY.

Section 172 of the National Defense Authorization Act for Fiscal
Year 1993 (50 U.S.C. 1521 note) is amended by adding at the end the
following:
``(i) Colorado and Kentucky Chemical Demilitarization Citizens
Advisory Commissions.--Notwithstanding subsections (b), (f), and (g),
and consistent with section 142 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note) and
section 8122 of the Department of Defense Appropriations Act, 2003 (50
U.S.C. 1521 note), responsibilities for the Chemical Demilitarization
Citizens Advisory Commissions in Colorado and Kentucky shall be
transferred from the Secretary of the Army to the Program Manager for
Assembled Chemical Weapons Alternatives. The Program Manager for
Assembled Chemical Weapons Alternatives shall ensure the ability to
receive citizen and State concerns regarding the ongoing chemical
destruction program in these States. A representative from the Office
of the Assistant to the Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs shall meet with these commissions not less
often than twice a year. Funds appropriated for the Assembled Chemical
Weapons Alternatives Program shall be used for travel and associated
travel costs for these Citizens Advisory Commissioners, when such
travel is conducted at the invitation of the Department of Defense
Special Assistant for Chemical and Biological Defense and Chemical
Demilitarization Programs.''.

SEC. 922. PROHIBITION ON TRANSPORT OF HYDROLYSATE AT PUEBLO CHEMICAL
DEPOT, COLORADO.

(a) Prohibition.--During fiscal year 2009, the Secretary of Defense
may not transport hydrolysate from the Pueblo Chemical Depot, Colorado,
to an off-site location for treatment, storage, or disposal.
(b) Savings Clause.--Nothing in this section limits or otherwise
affects section 8119 of the Department of Defense Appropriations Act,
2008 (Public Law 110-116; 50 U.S.C. 1521 note).
(c) Report.--Not later than February 15, 2009, the Secretary shall
submit to the congressional defense committees a report on hydrolysate
stockpiled at the Pueblo Chemical Depot, Colorado. The report shall
include a comprehensive cost-benefit analysis between on-site and off-
site methods for disposing of such hydrolysate.

Subtitle D--Intelligence-Related Matters

SEC. 931. TECHNICAL CHANGES FOLLOWING THE REDESIGNATION OF NATIONAL
IMAGERY AND MAPPING AGENCY AS NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.

(a) Technical Changes to United States Code.--
(1) Title 5.--Title 5, United States Code, is amended by
striking ``National Imagery and Mapping Agency'' each place it
appears and inserting ``National Geospatial-Intelligence
Agency''.
(2) Title 44.--Title 44, United States Code, is amended by
striking ``National Imagery and Mapping Agency'' each place it
appears and inserting ``National Geospatial-Intelligence
Agency''.
(b) Technical Changes to Other Acts.--
(1) Ethics in government act of 1978.--Section 105(a)(1) of
the Ethics in Government Act of 1978 (Public Law 95-521; 5
U.S.C. App. 4) is amended by striking ``National Imagery and
Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
(2) Inspector general act of 1978.--Section 8H of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) is amended--
(A) in subsection (a)(1)(A), by striking ``National
Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''; and
(B) in subsection (g)(1), by striking ``National
Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''.
(3) Employee polygraph protection act of 1988.--Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988
(29 U.S.C. 2006(b)(2)(A)(i)) is amended by striking ``National
Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''.
(4) Legislative branch appropriations act, 1993.--Section
207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993
(Public Law 102-392; 44 U.S.C. 501 note), is amended by
striking ``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(5) Homeland security act of 2002.--Section 201(e)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 121(e)(2)) is
amended by striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.

SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING
FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004.

(a) References to Head of Intelligence Community.--Title 10, United
States Code, is amended by striking ``Director of Central
Intelligence'' each place it appears and inserting ``Director of
National Intelligence'' in the following:
(1) Section 193(d)(2).
(2) Section 193(e).
(3) Section 201(a).
(4) Section 201(b)(1).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 431(b)(1).
(8) Section 441(c).
(9) Section 441(d).
(10) Section 443(d).
(11) Section 2273(b)(1).
(12) Section 2723(a).
(b) Clerical Amendments.--Such title is further amended by striking
``Director of Central Intelligence'' each place it appears and
inserting ``Director of National Intelligence'' in the following:
(1) Section 441(c).
(2) Section 443(d).
(c) Reference to Head of Central Intelligence Agency.--Section 444
of such title is amended by striking ``Director of Central
Intelligence'' each place it appears and inserting ``Director of the
Central Intelligence Agency''.

SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE ASSOCIATE DIRECTOR OF
THE CIA FOR MILITARY AFFAIRS.

Section 528(c) of title 10, United States Code, is amended--
(1) in the heading, by striking ``Military Support'' and
inserting ``Military Affairs''; and
(2) by striking ``Military Support'' and inserting
``Military Affairs''.

Subtitle E--Other Matters

SEC. 941. DEPARTMENT OF DEFENSE SCHOOL OF NURSING REVISIONS.

(a) School of Nursing.--The text of section 2117 of title 10,
United States Code, is amended to read as follows:
``(a) Establishment.--The Secretary of Defense shall establish
within the University a School of Nursing, not later than July 1, 2010.
It shall be so organized as to graduate not less than 25 students with
a bachelor of science in nursing in the first class not later than June
30, 2012, not less than 50 in the second class, and not less than 100
annually thereafter.
``(b) Minimum Requirement.--The School of Nursing shall include, at
a minimum, a program that awards a bachelor of science in nursing.
``(c) Phased Development.--The development of the School of Nursing
may be by such phases as the Secretary may prescribe, subject to the
requirements of subsection (a).''.
(b) Retired Nurse Corps Officer Demonstration Project.--
(1) In general.--The Secretary of Defense may conduct a
demonstration project to encourage retired military nurses to
serve as faculty at civilian nursing schools.
(2) Eligibility requirements.--
(A) Individual.--An individual is eligible to
participate in the demonstration project if the
individual--
(i) is a retired nurse corps officer of one
of the Armed Forces;
(ii) has had at least 26 years of active
Federal commissioned service before retiring;
and
(iii) possesses a doctoral or master degree
in nursing that qualifies the officer to become
a full faculty member of an accredited school
of nursing.
(B) Institution.--An accredited school of nursing
is eligible to participate in the demonstration project
if the school or its parent institution of higher
education--
(i) is a school of nursing that is
accredited to award, at a minimum, a bachelor
of science in nursing and provides educational
programs leading to such degree;
(ii) has a resident Reserve Officer
Training Corps unit at the institution of
higher education that fulfils the requirements
of sections 2101 and 2102 of title 10, United
States Code;
(iii) does not prevent ROTC access or
military recruiting on campus, as defined in
section 983 of title 10, United States Code;
(iv) provides any retired nurse corps
officer participating in the demonstration
project a salary and other compensation at the
level to which other similarly situated faculty
members of the accredited school of nursing are
entitled, as determined by the Secretary of
Defense; and
(v) agrees to comply with paragraph (4).
(3) Compensation.--
(A) The Secretary of Defense may authorize a
Secretary of a military department to authorize
qualified institutions of higher education to employ as
faculty those eligible individuals (as described in
paragraph (2)) who are receiving retired pay, whose
qualifications are approved by the Secretary and the
institution of higher education concerned, and who
request such employment, subject to the following:
(i) A retired nurse corps officer so
employed is entitled to receive the officer's
retired pay without reduction by reason of any
additional amount paid to the officer by the
institution of higher education concerned. In
the case of payment of any such additional
amount by the institution of higher education
concerned, the Secretary of the military
department concerned may pay to that
institution the amount equal to one-half the
amount paid to the retired officer by the
institution for any period, up to a maximum of
one-half of the difference between the
officer's retired pay for that period and the
active duty pay and allowances that the officer
would have received for that period if on
active duty. Payments by the Secretary
concerned under this paragraph shall be made
from funds specifically appropriated for that
purpose.
(ii) Notwithstanding any other provision of
law contained in title 10, title 32, or title
37, United States Code, such a retired nurse
corps officer is not, while so employed,
considered to be on active duty or inactive
duty training for any purpose.
(4) Scholarships for nurse officer candidates.--For
purposes of the eligibility of an institution under paragraph
(2)(B)(v), the following requirements apply:
(A) Each accredited school of nursing at which a
retired nurse corps officer serves on the faculty under
this subsection shall provide full academic
scholarships to individuals undertaking an educational
program at such school leading to a bachelor of science
in nursing degree who agree, upon completion of such
program, to accept a commission as an officer in the
nurse corps of one of the Armed Forces.
(B) The total number of scholarships provided by an
accredited school of nursing under subparagraph (A) for
each officer serving on the faculty of that school
under this subsection shall be such number as the
Secretary of Defense shall specify for purposes of this
subsection.
(C) Each accredited school of nursing shall pay to
the Department of Defense an amount equal to the value
of the scholarship for every nurse officer candidate
who fails to be accessed as a nurse corps officer into
one of the Armed Forces within one year of receiving a
bachelor of science degree in nursing from that school.
(D) The Secretary concerned is authorized to
discontinue the demonstration project authorized in
this subsection at any institution of higher education
that fails to fulfill the requirements of subparagraph
(C).
(5) Report.--
(A) Not later than 24 months after the commencement
of any demonstration project under this subsection, the
Secretary of Defense shall submit to the congressional
defense committees a report on the demonstration
project. The report shall include a description of the
project and a description of plans for the continuation
of the project, if any.
(B) Elements.--The report shall also include, at a
minimum, the following:
(i) The current number of retired nurse
corps officers who have at least 26 years of
active Federal commissioned service who would
be eligible to participate in the program.
(ii) The number of retired nurse corps
officers participating in the demonstration
project.
(iii) The number of accredited schools of
nursing participating in the demonstration
project.
(iv) The number of nurse officer candidates
who have accessed into the military as
commissioned nurse corps officers.
(v) The number of scholarships awarded to
nurse officer candidates.
(vi) The number of nurse officer candidates
who have failed to access into the military, if
any.
(vii) The amount paid to the Department of
Defense in the event any nurse officer
candidates awarded scholarships by the
accredited school of nursing fail to access
into the military as commissioned nurse corps
officers.
(viii) The funds expended in the operation
of the demonstration project.
(ix) The recommendation of the Secretary of
Defense as to whether the demonstration project
should be extended.
(6) Sunset.--The authority in this subsection shall expire
on June 30, 2014.
(7) Definitions.--In this subsection, the terms ``school of
nursing'' and ``accredited'' have the meeting given those terms
in section 801 of the Public Health Service Act (42 U.S.C.
296).

SEC. 942. AMENDMENTS OF AUTHORITY FOR REGIONAL CENTERS FOR SECURITY
STUDIES.

(a) In General.--Section 184(f) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(6) Funds available to the Department of Defense for a
Regional Center for any fiscal year (beginning with funds
available for fiscal year 2009), including funds available
under paragraphs (4) and (5), are available for use for
programs that begin in such fiscal year but end in the next
fiscal year.''.
(b) Establishment of a Pilot Program for Nongovernmental
Personnel.--
(1) In general.--In fiscal years 2009 and 2010, the
Secretary of Defense, with the concurrence of the Secretary of
State, may waive reimbursement of the costs of activities of
the Regional Centers for nongovernmental and international
organization personnel who participate in activities that
enhance cooperation of nongovernmental organizations and
international organizations with Armed Forces of the United
States, if the Secretary of Defense determines that attendance
of such personnel without reimbursement is in the national
security interests of the United States. Costs for which
reimbursement is waived pursuant to this subsection shall not
exceed $1,000,000 in each of fiscal years 2009 and 2010 and
shall be paid from appropriations available to the Regional
Centers in each of those fiscal years.
(2) Report required.--For each of fiscal years 2009 and
2010, the Secretary of Defense shall include in the annual
report required under section 184(h) of title 10, United States
Code, a description of the extent of nongovernmental and
international organization participation in the programs of
each regional center, including the costs incurred by the
United States for the participation of each organization.

SEC. 943. FINDINGS AND SENSE OF CONGRESS REGARDING THE WESTERN
HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.

(a) Findings.--The Congress finds the following:
(1) The mission of the Western Hemisphere Institute for
Security Cooperation (hereafter in this section referred to as
``WHINSEC'') is to provide professional education and training
to military personnel, law enforcement officials, and civilian
personnel in support of the democratic principles set forth in
the Charter of the Organization of American States, while
fostering mutual knowledge, transparency, confidence, and
cooperation among the participating nations, and promoting
democratic values, respect for human rights, and knowledge and
understanding of United States customs and traditions.
(2) WHINSEC supports the Security Cooperation Guidance of
the Secretary of Defense by addressing the education and
training needs of the United States Southern Command and United
States Northern Command.
(3) In enacting legislation establishing WHINSEC, Congress
specified that the curriculum of WHINSEC may include leadership
development, counterdrug operations, peacekeeping, resource
management, and disaster relief planning. Congress also
mandated a minimum of eight hours of instruction on human
rights, due process, the rule of law, the role of the Armed
Forces in a democratic society, and civilian control of the
military. WHINSEC averages twelve hours of such instruction per
course.
(4) On March 21, 2007, Admiral Stavridis, Commander of
United States Southern Command, stated before the House Armed
Services Committee that WHINSEC ``is the military's crown jewel
for human rights training.''.
(5) WHINSEC does not select students for participation. A
partner nation nominates students to attend WHINSEC, and in
accordance with the law of the United States and the policies
of the Departments of Defense and State, the United States
Embassy in such partner nation screens and conducts background
checks on such nominees. The vetting process of WHINSEC
nominees includes a background check by United States embassies
in partner nations, as well as checks by the Bureau of Western
Hemisphere Affairs and the Bureau of Democracy, Human Rights,
and Labor. Further, the Abuse Case Evaluation System of the
Department of State, a central database that aggregates human
rights abuse data into a single, searchable location, is used
as a resource for checking abuse allegations when conducting
vetting requests.
(6) WHINSEC operates in accordance with the ``Leahy Law,''
which was first enacted in 1997 and has since expanded to
prohibit United States military assistance to foreign military
units that violate human rights including security assistance
programs funded through foreign operations appropriations Acts
and training programs made available pursuant to Department of
Defense appropriations Acts.
(7) Independent review, observation, and recommendation
regarding operations of WHINSEC is provided by a Board of
Visitors which is chaired by Bishop Robert Morlino of Wisconsin
and includes four Members of Congress, two from each political
party.
(8) WHINSEC is open to visitors at any time. Anyone can
visit, sit in classes, talk with students and faculty, and
review instructional materials.
(9) On May 7, 2008, the Department of Defense provided
Congress requested information regarding the students,
instructors, and courses at WHINSEC.
(b) Sense of Congress.--It is the sense of Congress that--
(1) WHINSEC is one of the most effective mechanisms that
the United States has to build relationships with future
leaders throughout the Western Hemisphere, influence the human
rights records and democracy trajectory of countries in the
Western Hemisphere, and mitigate the growing influence of non-
hemispheric powers;
(2) WHINSEC is succeeding in meeting its stated mission of
providing professional education and training to eligible
military personnel, law enforcement officials, and civilians of
nations of the Western Hemisphere that support the democratic
principles set forth in the Charter of the Organization of
American States, while fostering mutual knowledge,
transparency, confidence, and cooperation among the
participating nations and promoting democratic values and
respect for human rights; and
(3) WHINSEC is an invaluable education and training
facility which the Department of Defense should continue to
utilize in order to help foster a spirit of partnership that
will ensure security and enhance stability and interoperability
among the United States military and the militaries of
participating nations.

SEC. 944. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED STATES SOUTHERN
COMMAND DEVELOPMENT ASSISTANCE ACTIVITIES.

(a) Report and Certification Required.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
describing the development assistance activities carried out by the
United States Southern Command during fiscal year 2008 and planned for
fiscal year 2009 and containing a certification by the Secretary that
such development assistance activities--
(1) will not adversely diminish the ability of the United
States Southern Command or its components to carry out its
combat or military missions;
(2) do not divert resources from funded or unfunded
requirements of the United States Southern Command in
connection with the role of the Department of Defense under
section 124 of title 10, United States Code, as the single lead
agency of the Federal Government for the detection and
monitoring of aerial and maritime transit of illegal drugs into
the United States;
(3) are not unnecessarily duplicative of activities already
conducted or planned to be conducted by any other Federal
department or agency during fiscal year 2009; and
(4) are designed, planned, and conducted to complement
joint training and exercises, host-country capacity building,
or similar activities directly connected to the
responsibilities of the United States Southern Command.
(b) Restriction on Obligation of Funds Pending Certification.--Of
the amounts appropriated pursuant to an authorization of appropriations
in this Act or otherwise made available for fiscal year 2009 for
operation and maintenance for the United States Southern Command, not
more than 90 percent may be obligated or expended until 30 days after
the certification required by subsection (a) is received by the
congressional defense committees.
(c) Development Assistance Activities Defined.--In this section,
the term ``development assistance activities'' means assistance
activities carried out by the United States Southern Command that are
comparable to the assistance activities carried out by the United
States under--
(1) chapters 1, 10, 11, and 12 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151, 2293, 2295, and 2296 et
seq.); and
(2) any other provision of law for purposes comparable to
the purposes for which assistance activities are carried out
under the provisions of law referred to in paragraph (1).

SEC. 945. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY
CAPABILITIES.

(a) Non-Conventional Assisted Recovery Capabilities.--Upon a
determination by a combatant commander that an action is necessary in
connection with a non-conventional assisted recovery effort, an amount
not to exceed $20,000,000 of the funds appropriated pursuant to an
authorization of appropriations or otherwise made available for
``Operation and Maintenance, Navy'' may be used to establish, develop,
and maintain non-conventional assisted recovery capabilities.
(b) Procedures.--The Secretary of Defense shall establish
procedures for the exercise of the authority under subsection (a). The
Secretary shall notify the congressional defense committees of those
procedures before any exercise of that authority.
(c) Authorized Activities.--Non-conventional assisted recovery
capabilities authorized under subsection (a) may, in limited and
special circumstances, include the provision of support to foreign
forces, irregular forces, groups, or individuals in order to facilitate
the recovery of Department of Defense or Coast Guard military or
civilian personnel, or other individuals who, while conducting
activities in support of United States military operations, become
separated or isolated and cannot rejoin their units without the
assistance authorized in subsection (a). Such support may include the
provision of limited amounts of equipment, supplies, training,
transportation, or other logistical support or funding.
(d) Annual Report.--Not later than 30 days after the close of each
fiscal year during which subsection (a) is in effect, the Secretary of
Defense shall submit to the congressional defense committees a report
on support provided under that subsection during that fiscal year.
(e) Limitation on Intelligence Activities.--This section does not
constitute authority to conduct a covert action, as such term is
defined in section 503(e) of the National Security Act of 1947 (50
U.S.C. 413b(e)).
(f) Limitation on Foreign Assistance Activities.--This section does
not constitute authority--
(1) to build the capacity of foreign military forces or
provide security and stabilization assistance, as described in
sections 1206 and 1207 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456
and 3458), respectively; and
(2) to provide assistance that is otherwise prohibited by
any other provision in law, including any provision of law
relating to the control of exports of defense articles or
defense services.
(g) Period of Authority.--The authority under this section is in
effect during each of the fiscal years 2009 through 2012.

SEC. 946. REPORT ON UNITED STATES NORTHERN COMMAND DEVELOPMENT OF
INTERAGENCY PLANS AND COMMAND AND CONTROL RELATIONSHIPS.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of Homeland Security and the heads of other appropriate
Federal agencies, shall submit a report to Congress describing the
progress made to address certain deficiencies in the United States
Northern Command identified in the Comptroller General report 08-251/
252. To prepare the report, the Secretary of Defense shall direct the
United States Northern Command to perform the following:
(1) Provide a compendium of all roles, mission requirements
and resources from all 50 States. Each role and mission in the
docket will be accompanied by a brief explanation of the
requirement and proof of endorsement by the respective State
Adjutant Generals and the Department of Homeland Security.
(2) Synchronize and continually update its unit
requirements with the deployment schedules of the units it
depends on. The commander of the United States Northern Command
shall develop plans for primary and secondary units to cover
the roles and missions coordinated in paragraph (1).
(3) Coordinate with all source units and other commands.
The report shall include copies of all these unit and command
mission statements.
(4) Coordinate with its interagency partners to form
charters that govern the agreements among them, including
qualifications for personnel with liaison functions between
interagency partners.
(b) Improved Coordination.--The commander of the United States
Northern Command shall coordinate with its Federal interagency partners
to ascertain requirements for plans, training, equipment, and resources
in support of--
(1) homeland defense;
(2) domestic emergency response; and
(3) military support to civil authorities.

SEC. 947. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.

(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Chief of the National Guard Bureau shall
submit to the Secretary of Defense a report--
(1) detailing the extent to which the various provisions in
title XVIII of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) have been effective in
giving the National Guard a clearer voice in policy and
budgetary discussions in the Department of Defense; and
(2) assessing the adequacy of Department of Defense funding
for the resource requirements of the National Guard.
(b) Report to Congress.--Not later than 30 days after the Secretary
of Defense receives the report under subsection (a), the Secretary
shall submit to Congress such report, along with any explanatory
comments the Secretary considers necessary.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2009 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).

SEC. 1002. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGET FOR AFGHANISTAN.

For any annual or supplemental budget request submission for the
Department of Defense, beginning with fiscal year 2010, the Secretary
of Defense shall set forth separately any funding requested for any
United States operations or other activities concerning Afghanistan.
The submission shall clearly display the amounts requested for such
operations or activities at the appropriation account level and at the
program, project, or activity level. The submission by the Secretary
shall also include a separate detailed description of the assumptions
underlying the funding request.

SEC. 1003. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGET FOR IRAQ.

For any annual or supplemental budget request submission for the
Department of Defense, beginning with fiscal year 2010, the Secretary
of Defense shall set forth separately any funding requested for any
United States operations or other activities concerning Iraq. The
submission shall clearly display the amounts requested for such
operations or activities at the appropriation account level and at the
program, project, or activity level. The submission by the Secretary
shall also include a separate detailed description of the assumptions
underlying the funding request.

SEC. 1004. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS.

(a) Reduction of Payments.--Notwithstanding any other provision of
law, any amounts that would otherwise be payable from the fund to
individuals for the month of August 2013 (with disbursements scheduled
for September 2013) shall be reduced by 1 percent.
(b) Reversion.--Beginning on September 1, 2013 (with disbursements
beginning in October 2013), amounts payable to individuals from the
fund shall revert back to amounts as specified in law as if the
reduction in subsection (a) did not take place.
(c) Refund.--Any individual who has a payment reduced under
subsection (a) shall receive a one-time payment, from the fund, in an
amount equal to the amount of such reduction. This one-time payment
shall be included with disbursements from the fund scheduled for
October 2013.
(d) Fund.--In this section, the term ``fund'' refers to the
Department of Defense Military Retirement Fund established by section
1461 of title 10, United States Code.
(e) Transfer.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall transfer
$40,000,000 from the unobligated balances of the National Defense
Stockpile Transaction Fund to the Miscellaneous Receipts Fund of the
United States Treasury to offset estimated costs arising from section
702 and the amendments made by such section.

SEC. 1005. MANAGEMENT OF PURCHASE CARDS.

(a) Required Safeguards and Internal Controls.--Section 2784 of
title 10, United States Code, is amended in subsection (b)--
(1) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively;
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) That expenditures charged to the purchase card are
independently received, accepted, or verified by an official
with authority to authorize expenditures.'';
(3) by redesignating paragraphs (9) through paragraph (11)
(as previously redesignated by paragraph (1)) as paragraphs
(10) through (12), respectively; and
(4) by inserting after paragraph (8) (as previously
redesignated by paragraph (1)) the following new paragraph:
``(9) That appropriate inventory and property systems are
updated promptly in response to expenditures charged to a
purchase card related to pilferable property.''.
(b) Penalties for Violations.--Section 2784(c)(1) of title 10,
United States Code, is amended by striking ``provide for'' and
inserting ``provide for the reimbursement of charges for unauthorized
or erroneous purchases and for''.

Subtitle B--Policy Relating to Vessels and Shipyards

SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, TEXAS.

(a) Conveyance Authorized.--The Secretary of the Navy is authorized
to convey the floating drydock AFDL-23, located in Aransas Pass, Texas,
to Gulf Copper Ship Repair, that company being the current lessee of
the drydock.
(b) Condition of Conveyance.--The Secretary shall require as a
condition of the conveyance under subsection (a) that the drydock
remain at the facilities of Gulf Copper Ship Repair, at Aransas Pass,
Texas, until at least September 30, 2010.
(c) Consideration.--As consideration for the conveyance of the
drydock under subsection (a), the purchaser shall provide compensation
to the United States the value of which, as determined by the
Secretary, is equal to the fair market value of the drydock, as
determined by the Secretary. The Secretary shall take into account
amounts paid by, or due and owing from, the lessee.
(d) Transfer at No Cost to United States.--The provisions of
section 7306(c) of title 10, United States Code, shall apply to the
conveyance under this section.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.

SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOREIGN SHIPYARDS.

Section 7310 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Report.--The Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report any time it is determined that a naval vessel
(or any other vessel under the jurisdiction of the Secretary) is to
undergo work for the repair of the vessel in a shipyard outside the
United States or Guam. The report shall be submitted at least 30 days
before the repair work begins and shall contain the following:
``(1) The justification under law for the repair in a
foreign shipyard.
``(2) The vessel to be repaired.
``(3) The shipyard where the repair work will be carried
out.
``(4) The cost of the repair.
``(5) The schedule for repair.
``(6) The homeport or location of the vessel prior to its
voyage for repair.''.

SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE
FORCES OF THE UNITED STATES NAVY.

Section 1012(c)(1) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) is amended by adding at the end
the following:
``(D) Amphibious assault ships, including dock
landing ships (LSD), amphibious transport-dock ships
(LPD), helicopter assault ships (LHA/LHD), and
amphibious command ships (LCC), if such vessels exceed
15,000 dead weight ton light ship displacement.''.

SEC. 1014. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.

Section 2218 of title 10, United States Code, is amended--
(1) by striking subsection (j) and redesignating
subsections (k) and (l) as subsections (j) and (k),
respectively; and
(2) in paragraph (2) of subsection (k) (as so
redesignated), by striking subparagraphs (B) thru (I) and
inserting the following new subparagraph (B):
``(B) Any other auxiliary vessel that was procured
or chartered with specific authorization in law for the
vessel, or class of vessels, to be funded in the
National Defense Sealift Fund.''.

SEC. 1015. REPORT ON CONTRIBUTIONS TO THE DOMESTIC SUPPLY OF STEEL AND
OTHER METALS FROM SCRAPPING OF CERTAIN VESSELS.

Not later than 30 days after the date of the enactment of this Act,
the Secretary of the Navy shall submit to the congressional defense
committees a report containing--
(1) the estimated contribution to the domestic market for
steel and other metals from the scrapping of each vessel over
50,000 tons displacement stricken from the Naval Vessel
Register but not yet disposed of by the Navy; and
(2) a plan for the sale and disposal of such vessels.

Subtitle C--Counter-Drug Activities

SEC. 1021. CONTINUATION OF REPORTING REQUIREMENT REGARDING DEPARTMENT
OF DEFENSE EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG
ACTIVITIES.

Section 1022(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-255), as most recently amended by section
1024 of the National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2383), is further amended by striking
``and February 15, 2008'' and inserting ``February 15, 2008, and
February 15, 2009''.

SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.

Section 1022(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as amended
by section 1021 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 304), is amended by striking
``2008'' and inserting ``2009''.

SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA AND CONTINUATION OF
NUMERICAL LIMITATION ON ASSIGNMENT OF UNITED STATES
PERSONNEL.

Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as
amended by section 1023 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2382), is further amended--
(1) in subsection (a), by striking ``2008'' and inserting
``2009''; and
(2) in subsection (c), by striking ``2008'' and inserting
``2009''.

SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL
SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS.

(a) Extension of Authority.--Subsection (a)(2) of section 1033 of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1881), as amended by section 1021 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136, 117
Stat. 1593), section 1022 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2137), and section 1022 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), is further
amended by striking ``2008'' and inserting ``2009''.
(b) Additional Governments Eligible to Receive Support.--Subsection
(b) of such section is amended by adding at the end the following new
paragraphs:
``(19) The Government of Guinea-Bissau.
``(20) The Government of Senegal.
``(21) The Government of Ghana.''.
(c) Maximum Annual Amount of Support.--Subsection (e)(2) of such
section is amended--
(1) by striking ``or'' after ``2006,''; and
(2) by striking the period at the end and inserting ``, or
$65,000,000 during fiscal year 2009.''.
(d) Condition on Provision of Support.--Subsection (f) of such
section is amended--
(1) in paragraph (2), by inserting after ``In the case of''
the following: ``funds appropriated for fiscal year 2009 to
carry out this section and''; and
(2) in paragraph (4)(B), by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs''.
(e) Counter-Drug Plan.--Subsection (h) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal year 2004'' and inserting ``fiscal year 2009''; and
(2) in subparagraph (7), by striking ``For the first fiscal
year'' and inserting ``For fiscal year 2009, and thereafter,
for the first fiscal year''.

SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR COUNTER-
NARCOTICS EFFORTS FOR WEST AFRICA AND THE MAGHREB.

(a) Report Required.--Not later than March 1, 2009, the Secretary
of Defense shall submit to the congressional defense committees a
comprehensive strategy of the Department of the Defense with regard to
counter-narcotics efforts in Africa, with an emphasis on West Africa
and the Maghreb. The Secretary of Defense shall prepare the strategy in
consultation with the Secretary of State.
(b) Matters to Be Included.--The comprehensive strategy shall
consist of a general overview and a separate detailed section for each
of the following:
(1) The roles and missions of the Department of Defense in
support of the overall United States counter-narcotics policy
for Africa.
(2) The priorities for the Department of Defense to meet
programmatic objectives one-year, three-years, and five-years
after the end of fiscal year 2009, including a description of
the expected allocation of resources of the Department of
Defense to accomplish these priorities.
(3) The efforts to coordinate the counter-narcotics
activities of the Department of Defense with the counter-
narcotics activities of the governments eligible to receive
support under section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1881) and the counter-narcotics activities in Africa of
European countries and other international and regional
partners.
(c) Plans.--The comprehensive strategy shall also include the
following plans:
(1) A detailed and comprehensive plan to utilize the
capabilities and assets of Joint Inter-Agency Task Force-South
of the United States Southern Command for the counter-narcotics
efforts and activities of the United States Africa Command on a
temporary basis until the United States Africa Command develops
its own commensurate capabilities and assets, including in the
plan a description of what measures will be taken to effectuate
the transition of the missions, which are accomplished using
such capabilities and assets, from Joint Inter-Agency Task
Force-South to United States Africa Command.
(2) A detailed and comprehensive plan to enhance
cooperation with certain African countries, which are often
geographically contiguous to other African countries that have
a significant narcotics-trafficking challenges, to increase the
effectiveness of the counter-narcotics activities of the
Department of Defense and its international and regional
partners.

SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR COUNTER-
NARCOTICS EFFORTS IN SOUTH AND CENTRAL ASIAN REGIONS.

(a) Report Required.--Not later than March 1, 2009, the Secretary
of Defense shall submit to the congressional defense committees a
comprehensive strategy of the Department of the Defense with regard to
counter-narcotics efforts in the South and Central Asian regions,
including the countries of Afghanistan, Turkmenistan, Tajikistan,
Kyrgyzstan, Kazakhstan, Pakistan, and India, as well as the countries
of Armenia, Azerbaijan, and China.
(b) Matters to Be Included.--The comprehensive strategy shall
consist of a general overview and a separate detailed section for each
of the following:
(1) The roles and missions of the Department of Defense in
support of the overall United States counter-narcotics policy
for countries of the South and Central Asian regions and the
other countries specified in subsection (a).
(2) The priorities for the Department of Defense to meet
programmatic objectives for fiscal year 2010, including a
description of the expected allocation of resources of the
Department of Defense to accomplish these priorities.
(3) The ongoing and planned counter-narcotics activities
funded by the Department of Defense for such regions and
countries, including a description of the accompanying
allocation of resources of the Department of Defense to carry
out these activities.
(4) The efforts to coordinate the counter-narcotics
activities of the Department of Defense with the counter-
narcotics activities of such regions and countries and the
counter-narcotics activities of other international partners in
such regions and countries.
(5) The specific metrics used by the Department of Defense
to evaluate progress of activities to reduce the production and
trafficking of illicit narcotics in such regions and countries.

Subtitle D--Boards and Commissions

SEC. 1031. STRATEGIC COMMUNICATION MANAGEMENT BOARD.

(a) In General.--The Secretary of Defense shall establish a
Strategic Communication Management Board (in this section referred to
as the ``Board'') to provide advice to the Secretary on strategic
direction and to help establish priorities for strategic communication
activities.
(b) Composition.--
(1) In general.--The Board shall be composed of members
selected in accordance with this subsection.
(2) Members.--The Secretary of Defense shall appoint
members within 30 days after the date of the enactment of this
Act, selected from among organizations within the Department of
Defense responsible for strategic communication, public
diplomacy, and public affairs, including the following:
(A) Civil affairs, strategic communication, or
public affairs offices of the military departments.
(B) The Joint Staff.
(C) The combatant commands.
(D) The Office of the Secretary of Defense.
(3) Advisory members.--The Board shall appoint advisory
members of the Board after the members have been selected under
paragraph (2), upon petition from entities seeking advisory
membership. Advisory members shall be selected from the broader
interagency community, and may include representatives from the
following;
(A) The Department of State.
(B) The Department of Justice.
(C) The Department of Commerce.
(D) The United States Agency for International
Development.
(E) The Office of the Director of National
Intelligence.
(F) The National Security Council.
(G) The Broadcasting Board of Governors.
(4) Leadership.--The Under Secretary of Defense for Policy
(or his designee) shall chair the Board.
(c) Duties.--The duties of the Board are as follows:
(1) Provide strategic direction for efforts of the
Department of Defense related to strategic communication and
military support to public diplomacy.
(2) Establish Department of Defense priorities in these
areas.
(3) Evaluate and select proposals for efforts that support
the Department of Defense strategic communication mission.
(4) Such other duties as the Secretary may assign.

SEC. 1032. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL COMMISSION ON
THE STRATEGIC POSTURE OF THE UNITED STATES.

(a) Extension of Dates.--Section 1062 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181) is
amended--
(1) in subsection (e) by striking ``December 1, 2008'' and
inserting ``March 1, 2009''; and
(2) in subsection (g) by striking ``June 1, 2009'' and
inserting ``September 30, 2009''.
(b) Interim Report.--Not later than December 1, 2008, the
Congressional Commission on the Strategic Posture of the United States
shall submit to the President, the Secretary of Defense, the Secretary
of Energy, the Secretary of State, the Committee on Armed Services of
the Senate, and the Committee on Armed Services of the House of
Representatives an interim report on the commission's initial findings,
conclusions, and recommendations. To the extent practicable, the
interim report shall address the matters required to be included in the
report under subsection (e) of such section 1062.

SEC. 1033. EXTENSION OF COMMISSION TO ASSESS THE THREAT TO THE UNITED
STATES FROM ELECTROMAGNETIC PULSE (EMP) ATTACK.

(a) Extension.--Section 1409 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-348; 50 U.S.C. 2301 note), as
amended by section 1052(j) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3435), is amended
by striking ``The Commission shall terminate'' and all that follows
through the period at the end and inserting ``The Commission shall
terminate March 31, 2012.''.
(b) Annual Reports.--Section 1403 of that Act (114 Stat. 1654A-346;
50 U.S.C. 2301 note), as amended by section 1052(f) of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3434), is amended by adding at the end the following:
``(c) Annual Reports.--The Commission shall, not later than March 1
of each of years 2010, 2011, and 2012, submit to Congress a report--
``(1) assessing the changes to the vulnerability of United
States military systems and critical civilian infrastructures
resulting from the EMP threat and changes in the threat;
``(2) describing the progress, or lack of progress, in
protecting United States military systems and critical civilian
infrastructures from EMP attack; and
``(3) containing recommendations to address the threat and
protect United States military systems and critical civilian
infrastructures from attack.''.
(c) Funding.--Section 1408 of that Act (114 Stat. 1654A-348; 50
U.S.C. 2301 note), as amended by section 1052(i) of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3435), is amended by adding at the end the following: ``Such
funds shall not exceed $3,000,000 per fiscal year.''.
(d) Additional Members.--Effective as of the date that is 90 days
after the date of the enactment of this Act--
(1) section 1401 of that Act (114 Stat. 1654A-346; 50
U.S.C. 2301 note), as amended by section 1052(d) of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3434), is amended by striking
subsections (c) and (d) and inserting the following:
``(c) Composition.--
``(1) In general.--The Commission shall be composed of
eleven members.
``(2) DOD and fema members.--Seven of the members shall be
appointed by the Secretary of Defense, and two of the members
shall be appointed by the Director of the Federal Emergency
Management Agency. In the event of a vacancy in the membership
of the Commission under this paragraph, the Secretary of
Defense shall appoint a new member. In selecting individuals
for appointment to the Commission, the Secretary of Defense
shall consult with the chairmen and ranking minority members of
the Committees on Armed Services of the Senate and House of
Representatives.
``(3) FCC and hhs members.--One of the members shall be
appointed by the Chairman of the Federal Communications
Commission, and one of the members shall be appointed by the
Secretary of Health and Human Services. In the event of a
vacancy in the membership of the Commission under this
paragraph, the vacancy shall be filled in the same manner as
the original appointment under this paragraph. In selecting an
individual for appointment to the Commission, the Chairman of
the Federal Communications Commission shall consult with the
chairmen and ranking minority members of the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives. In selecting an individual for appointment to
the Commission, the Secretary of Health and Human Services
shall consult with the chairmen and ranking minority members of
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.
``(d) Qualifications.--Members of the Commission appointed by the
Secretary of Defense and the Director of the Federal Emergency
Management Agency shall be appointed from among private United States
citizens with knowledge and expertise in the scientific, technical, and
military aspects of electromagnetic pulse effects referred to in
subsection (b). The member of the Commission appointed by the Chairman
of the Federal Communications Commission shall be appointed from among
private United States citizens with knowledge and expertise in
telecommunications, network infrastructure and management, information
services, and emergency preparedness communications. The member of the
Commission appointed by the Secretary of Health and Human Services
shall be appointed from among private United States citizens with
knowledge and expertise in public health, including preparedness for,
and response to, public health emergencies.''; and
(2) section 1405 of that Act (114 Stat. 1654A-347; 50
U.S.C. 2301 note) is amended in subsection (b)(1) by striking
``Five'' and inserting ``Six''.

Subtitle E--Studies and Reports

SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.

(a) Report Required.--The Secretary of Defense, acting through the
Director of Corrosion Policy and Oversight, shall prepare and submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on corrosion control and prevention in weapons
systems and equipment.
(b) Matters Covered.--The report shall include the comments and
recommendations of the Department of Defense regarding potential
improvements in corrosion control and prevention through earlier
planning. In particular, the report shall include an evaluation and
business case analysis of options for improving corrosion control and
prevention in the requirements and acquisition processes of the
Department of Defense for weapons systems and equipment. The evaluation
shall include an analysis of the impact of such potential improvements
on system acquisition costs and life cycle sustainment. The options for
improved corrosion control and prevention shall include corrosion
control and prevention--
(1) as a key performance parameter for assessing the
selection of materials and processes;
(2) as a key performance parameter for sustainment;
(3) as part of the capability development document in the
joint capabilities integration and development system; and
(4) as a requirement for weapons systems managers to assess
their corrosion control and prevention requirements over a
system's life cycle and incorporate the results into their
acquisition strategies prior to issuing a solicitation for
contracts.
(c) Deadline.--The report shall be submitted not later than
February 1, 2009.
(d) Review by Comptroller General.--The Comptroller General shall
review the report required under subsection (a), including the
methodology used in the Department's analysis, and shall provide the
results of the review to the Committees on Armed Services of the Senate
and the House of Representatives not later than 60 days after the
Department submits the report.

SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE FIGHTING SYSTEMS
(MAFFS) IN A FEDERAL RESPONSE TO WILDFIRES.

(a) In General.--The Secretary of Defense shall carry out a study
to determine--
(1) how to utilize the Department's Modular Airborne Fire
Fighting Systems (MAFFS) in all contingencies where there is a
Federal response to wildfires; and
(2) how to decrease the costs of using the Department's
MAFFS when supporting National Interagency Fire Center (NIFC)
fire fighting operations.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the results of the study.

SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.

(a) Study Required.--The Secretary of Defense and the Chairman of
the Joint Chiefs of Staff shall carry out a study on Department of
Defense rotorcraft survivability. The study shall--
(1) with respect to actual losses of rotorcraft in combat--
(A) identify the rates of such losses from 1965
through 2008, measured in total annual losses by type
of aircraft and by cause, with rates for loss per
flight hour and loss per sortie provided;
(B) identify by category of hostile action (such as
small arms, Man-Portable Air Defense Systems, and so
on), the causal factors for the losses; and
(C) propose candidate solutions for survivability
(such as training, tactics, speed, countermeasures,
maneuverability, lethality, technology, and so on), in
a prioritized list with explanations, to mitigate each
such causal factor, along with recommended funding
adequate to achieve rates at least equal to the
experience in the Vietnam conflict;
(2) with respect to actual losses of rotorcraft in combat
theater not related to hostile action--
(A) identify the causal factors of loss in a ranked
list; and
(B) propose candidate solutions for survivability
(such as training, tactics, speed, countermeasures,
maneuverability, lethality, technology, and so on), in
a prioritized list, to mitigate each such causal
factor, along with recommended funding adequate to
achieve the Secretary's Mishap Reduction Initiative
goal of not more than 0.5 mishaps per 100,000 flight
hours;
(3) with respect to losses of rotorcraft in training or
other non-combat operations during peacetime or interwar
years--
(A) identify by category (such as inadvertent
instrument meteorological conditions, wire strike, and
so on) the causal factors of loss in a ranked list; and
(B) identify candidate solutions for survivability
and performance (such as candidate solutions referred
to in paragraph (2)(B) as well as maintenance,
logistics, systems development, and so on) in a
prioritized list, to mitigate each such causal factor,
along with recommended funding adequate to achieve the
goal of rotorcraft loss rates to non-combat causes
being reduced to 1.0;
(4) identify the key technical factors (causes of mishaps
that are not related to human factors) negatively impacting the
rotorcraft mishap rates and survivability trends, to include
reliability, availability, maintainability, and other
logistical considerations; and
(5) identify what TACAIR is and has done differently to
have such a decrease in losses per sortie when compared to
rotorcraft, to include--
(A) examination of aircraft, aircraft maintenance,
logistics, operations, and pilot and operator training;
(B) an emphasis on the development of common
service requirements that TACAIR has implemented
already which are minimizing losses within TACAIR; and
(C) candidate solutions, in a prioritized list, to
mitigate each causal factor with recommended funding
adequate to achieve the goal of rotorcraft loss rates
stated above.
(b) Report.--Not later than August 1, 2009, the Secretary and the
Chairman shall submit to the congressional defense committees a report
on the results of the study.

SEC. 1044. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR ACQUISITION AND
FUNDING OF INTER-CONNECTED CYBERSPACE SYSTEMS.

(a) Studies Required.--
(1) FFRDC.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall enter
into a contract with an independent federally funded research
and development center (FFRDC) to carry out a comprehensive
study of policies, procedures, organization, and regulatory
constraints affecting the acquisition of technologies
supporting network-centric operations. The contract shall be
funded from amounts appropriated or otherwise made available to
the Secretary for fiscal year 2009 for operation and
maintenance, Defense-wide.
(2) Joint chiefs of staff.--Concurrently, the Chairman of
the Joint Chiefs of Staff shall carry out a comprehensive study
of the same subjects covered by paragraph (1). The study shall
be independent of the study required by paragraph (1) and shall
be carried out in conjunction with the military departments and
in coordination with the Secretary of Defense.
(b) Matters to Be Addressed.--Each study required by subsection (a)
shall address the following matters:
(1) Development of a taxonomy for understanding the
different yet key foundational components that contribute to
network-centric operations, such as data transport, processing,
storage, data collection, and dissemination.
(2) Mapping ongoing acquisition programs to this taxonomy.
(3) Development of alternative acquisition and funding
models utilizing this network-centric taxonomy, which might
include--
(A) a model under which a joint entity independent
of any military service (such as the Joint Staff) is
established with responsibility and control of all
funding for the acquisition of technologies for
network-centric operations, and with authority to
oversee the incorporation of such technologies into the
acquisition programs of the military departments;
(B) a model under which an executive agent is
established that would manage and oversee the
acquisition of technologies for network-centric
operations, but would not have exclusive ownership or
control of funding for such programs;
(C) a model under which the current approach to the
acquisition and funding of technologies supporting
network-centric operations is maintained; and
(D) any other models that the entity carrying out
the study considers relevant and deserving of
consideration.
(4) An analysis of each of the alternative models under
paragraph (3) with respect to potential gains in--
(A) information sharing (collecting, processing,
disseminating);
(B) network commonality;
(C) common communications;
(D) interoperability;
(E) mission impact and success; and
(F) cost effectiveness.
(5) An evaluation of each of the alternative models under
paragraph (3) with respect to feasibility, including
identification of legal, policy, or regulatory barriers that
would impede implementation.
(c) Report Required.--Not later than September 30, 2009, the
Secretary of Defense shall submit to the congressional defense
committees a report on the results of the studies required by
subsection (a). The report shall include the findings and
recommendations of the studies and any observations and comments that
the Secretary considers appropriate.
(d) Network-Centric Operations Defined.--In this section, the term
``network-centric operations'' refers to the ability to exploit all
human and technical elements of the Joint Force and mission partners
through the full integration of collected information, awareness,
knowledge, experience, and decision-making, enabled by secure access
and distribution, all to achieve agility and effectiveness in a
dispersed, decentralized, dynamic, or uncertain operational
environment.

SEC. 1045. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

(a) Findings.--Congress finds that--
(1) numerous nonstrategic nuclear weapons are held in the
arsenals of various countries around the world and that their
prevalence and portability make them attractive targets for
theft and for use by terrorist organizations;
(2) the United States should identify, track, and monitor
these weapons as a matter of national security;
(3) the United States should reevaluate the roles and
missions of nonstrategic nuclear weapons within the United
States' nuclear posture;
(4) the United States should assess the security risks
associated with existing stockpiles of nonstrategic nuclear
weapons and should assess the risks of nonstrategic nuclear
weapons being developed, acquired, or utilized by other
countries, particularly rogue states, and by terrorists and
other non-state actors; and
(5) the United States should work cooperatively with other
countries to improve the security of nonstrategic nuclear
weapons and to promote multilateral reductions in the numbers
of nonstrategic nuclear weapons.
(b) Review.--The Secretary of Defense, in consultation with the
Secretary of State, the Secretary of Energy, and the Director of
National Intelligence, shall conduct a review of nonstrategic nuclear
weapons world-wide that includes--
(1) an inventory of the nonstrategic nuclear arsenals of
the United States and each of the other countries that possess,
or is believed to possess, nonstrategic nuclear weapons, which
indicates, as accurately as possible, the nonstrategic nuclear
weapons that are known, or are believed, to exist according to
nationality, type, yield, and form of delivery, and an
assessment of the methods that are currently employed to
identify, track, and monitor nonstrategic nuclear weapons and
their component materials;
(2) an analysis of the reliance placed on nonstrategic
nuclear weapons by the United States and each of the other
countries that possess, or is believed to possess, nonstrategic
nuclear weapons, and an evaluation of nonstrategic nuclear
weapons as deterrents against the use of nuclear weapons and
other weapons of mass destruction by state or non-state actors;
(3) an assessment of the risks associated with the
deployment, transfer, and storage of nonstrategic nuclear
weapons by the United States and each of the other countries
that possess, or is believed to possess, nonstrategic nuclear
weapons and the risks of nonstrategic nuclear weapons being
employed by rogue states, terrorists, and other state or non-
state actors; and
(4) recommendations for--
(A) mechanisms and procedures to improve security
safeguards for the nonstrategic nuclear weapons of the
United States and of each of the other countries that
possess, or is believed to possess, nonstrategic
nuclear weapons;
(B) mechanisms and procedures for implementing
transparent multilateral reductions in nonstrategic
nuclear weapons arsenals; and
(C) methods for consolidating, dismantling, and
disposing of the nonstrategic nuclear weapons of the
United States and of each of the other countries that
possess, or is believed to possess, nonstrategic
nuclear weapons, including methods of monitoring and
verifying consolidation, dismantlement, and disposal.
(c) Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the findings and
recommendations of the review required under subsection (b).
(2) Classification of report.--The report required under
paragraph (1) shall be submitted in unclassified form, but it
may be accompanied by a classified annex.
(d) Definition.--For purposes of this section, the term
``nonstrategic nuclear weapon'' means a nuclear weapon employed by
land, sea, or air (including, without limitation, by short, medium and
intermediate range ballistic missiles, air and sea launched cruise
missiles, gravity bombs, torpedoes, land mines, sea mines, artillery
shells, and personnel carried devices) against opposing forces,
supporting installations, or facilities in support of operations that
contribute to the accomplishment of a military mission of limited
scope.

SEC. 1046. STUDY ON NATIONAL DEFENSE IMPLICATIONS OF SECTION 1083.

The Department of Defense shall study the national defense
implications of section 1083 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 338).

SEC. 1047. REPORT ON METHODS DEPARTMENT OF DEFENSE UTILIZES TO ENSURE
COMPLIANCE WITH GUAM TAX AND LICENSING LAWS.

Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Secretary of
the Navy and the Joint Guam Program Office, shall submit to the
congressional defense committees a report on the steps that the
Department is taking to ensure that all contractors of the Department
performing work on Guam comply with local tax and licensing
requirements. The report shall--
(1) include what language will be utilized in contract
documents requiring compliance with local tax and licensing
laws;
(2) identify what authorities the Department will use to
compliance with such local laws; and
(3) also include the steps being taken by the Department to
partner with the Government of Guam Department of Revenue and
Taxation to ensure that there is transparency and a
coordination of effort to ensure that the local government has
visibility of contractors performing work on Guam.

SEC. 1048. STUDY ON METHODS TO VERIFIABLY REDUCE THE LIKELIHOOD OF
ACCIDENTAL NUCLEAR LAUNCH.

(a) Study Required.--The Secretary of Defense shall carry out a
study to evaluate procedural and physical options for introducing into
the nuclear weapons launch procedures of the United States, Russia,
China, and any other strategically appropriate nations determined by
the Secretary, a time-delay before a launch command can be executed
that would be transparent to and verifiable by the other nations. The
options studied shall encompass a wide range of possible time-delays
and shall include, for each option, an analysis of--
(1) the increased time, over current procedures, before a
launch command can be executed;
(2) the strategic risk to United States national security,
including the survivability of the United States arsenal under
a range of verification failures;
(3) the range of possible inspection regimes, including the
degree of verifiability that each would afford; and
(4) the availability of parallel options in the other
nations included in such study.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary shall submit to the congressional defense
committees a report on the results of the study. If a report under this
subsection is submitted in classified form, the Secretary shall
concurrently submit to the congressional defense committees an
unclassified version of such report.

Subtitle F--Congressional Recognitions

SEC. 1051. SENSE OF CONGRESS HONORING THE HONORABLE DUNCAN HUNTER.

(a) Findings.--Congress makes the following findings:
(1) Representative Duncan Hunter was elected to serve
northern and eastern San Diego in 1980 and served in the House
of Representatives until the end of the 110th Congress in 2009,
representing the people of California's 52d Congressional
district.
(2) Previous to his service in Congress, Representative
Hunter served in the Army's 173rd Airborne and 75th Ranger
Regiment from 1969 to 1971.
(3) Representative Hunter was awarded the Bronze Star, Air
Medal, National Defense Service Medal, and Vietnam Service
Medal for his heroic acts during the Vietnam Conflict.
(4) Representative Hunter served on the Committee on Armed
Services of the House of Representatives for 28 years,
including service as Chairman of the Subcommittee on Military
Research and Development from 2001 through 2002 and the
Subcommittee on Military Procurement from 1995 through 2000,
the Chairman of the full committee from 2003 through 2006, and
the ranking member of the full committee from 2007 through
2008.
(5) Representative Hunter has persistently advocated for a
more efficient military organization on behalf of the American
people, to ensure maximum war-fighting capability and troop
safety.
(6) Representative Hunter is known by his colleagues to put
the security of the Nation above all else and to provide for
the men and women in uniform who valiantly dedicate and
sacrifice themselves for the protection of the Nation.
(7) Representative Hunter has demonstrated this devotion to
the troops by authorizing and ensuring quick deployment of add-
on vehicle armor and improvised explosive device jammers, which
have been invaluable in protecting the troops from attack in
Iraq.
(8) Representative Hunter worked to increase the size of
the U.S. Armed Forces, which resulted in significant increases
in the size of the Army and Marine Corps.
(9) Representative Hunter has been a leader in ensuring
sufficient force structure and end-strength, including through
the 2006 Committee Defense Review, to meet any challenges to
the Nation. His efforts to increase the size of the Army and
Marine Corps have been enacted by the Congress and implemented
by the Administration.
(10) Representative Hunter is a leading advocate for
securing America's borders.
(11) Representative Hunter led efforts to strengthen the
United States Industrial Base by enacting legislation that
ensures the national industrial base will be able to design and
manufacture those products critical to America's national
security.
(b) Sense of Congress.--It is the sense of Congress that the
Honorable Duncan Hunter, Representative from California, has discharged
his official duties with integrity and distinction, has served the
House of Representatives and the American people selflessly, and
deserves the sincere and humble gratitude of Congress and the Nation.

SEC. 1052. SENSE OF CONGRESS IN HONOR OF THE HONORABLE JIM SAXTON, A
MEMBER OF THE HOUSE OF REPRESENTATIVES.

(a) Findings.--Congress makes the following findings:
(1) Representative Hugh James ``Jim'' Saxton was elected in
November 1984 to fill both the unexpired term of Congressman
Edwin B. Forsythe in the 98th Congress, and the open seat for
the 99th Congress.
(2) Representative Saxton is a senior member of the
Committee on Armed Services, having served on the committee
since 1989, and is today the ranking Member of its Air and Land
Forces Subcommittee in the 110th Congress, 2007-2008.
(3) Representative Saxton is one of the few Members to have
ever represented a district that included active-duty Army,
Navy, and Air Force bases.
(4) Representative Saxton served as Chairman of the
Military Installations and Facilities Subcommittee from 2001 to
2002, and Chairman of the Terrorism and Unconventional Threats
and Capabilities Subcommittee from 2003 to 2006.
(5) Representative Saxton has served soldiers, sailors,
airmen, and Department of Defense civilians and military
families in New Jersey, the United States, and around the
world, regarding issues of fair pay, housing modernization,
benefits, health care, force protection, and other issues.
(6) Representative Saxton worked diligently and
successfully to save all three military bases in southern New
Jersey--Fort Dix, McGuire Air Force Base, and Lakehurst Naval
Air Engineering Station.
(7) Representative Saxton secured the future of the three
bases by having the foresight to encourage them to participate
in multiple inter-service joint projects and exercises for more
than 10 years prior to the 2005 base realignment and closure
(BRAC) action that directed that they become a single, joint
installation, the Nation's only Army-Navy-Air Force base, to be
stood-up in 2009 as Joint Base McGuire-Dix-Lakehurst.
(8) Representative Saxton has helped modernize Fort Dix,
McGuire Air Force Base, and Lakehurst Navy Base, by working
with Secretaries and Chiefs of the Army, Navy, Marines, and Air
Force, and other officials, and in particular the Army Reserve,
Army National Guard, National Guard Bureau, Air National Guard,
Air Mobility Command, and Air Force Reserve, to enhance the
three bases' national security missions and bring
$1,800,000,000 in infrastructure during his tenure.
(9) Representative Saxton saved the 1,400-member 108th New
Jersey Air National Guard Air Refueling Wing from dismantlement
in 2005 by directing that newer KC-135R Stratotanker aircraft
be sent to replace retiring KC-135 E model aircraft.
(10) Representative Saxton saved the cargo airlift mission
of McGuire Air Force Base by bringing a squadron of C-17
Globemasters to McGuire after the mandatory retirement of all
of the bases' C-141 Starlifter transports, and worked to
procure many other C-17s for other bases across the country to
perform the Nation's airlift missions.
(11) Representative Saxton took the leadership role in
bringing the mothballed battleship USS New Jersey home to the
Delaware River from where it was launched in 1943, so it could
become a naval museum and monument to the 20th Century
conflicts in which the dreadnought served.
(12) Representative Saxton, a long time advocate of anti
terrorism efforts, served as the Chairman of the House Task
Force on Terrorism and Unconventional Warfare from 1996 to
2003.
(13) Representative Saxton in 1998 helped create and later
expand the Weapons of Mass Destruction Civil Support Teams
(WMD-CST) program in the National Guard, ultimately leading to
a WMD-CST in each State and territory to respond to domestic
terrorism.
(14) Representative Saxton was appointed by the Speaker of
the House of Representatives in March 2000 to be chairman of
the Committee on Armed Services' newly formed Special Oversight
Panel on Terrorism, due to long advocacy of anti-terrorism
preparedness.
(15) Representative Saxton is a long-time supporter of the
warriors of the Special Operations Command (SOCOM), both before
and after the attacks of September 11, 2001, and has met with
special operators in Washington, D.C., at SOCOM bases in the
United States, and in theater.
(16) Representative Saxton worked for over a decade to
create the first terrorism subcommittee on the Committee on
Armed Services, becoming its first chairman when the
Subcommittee on Terrorism and Unconventional Threats and
Capabilities organized in 2003 with oversight of United States
elite forces, including Army Rangers, Green Berets, Navy SEALS,
and Marine Special Forces.
(b) Sense of Congress.--It is the sense of Congress that the
Honorable Jim Saxton, Representative from New Jersey, has discharged
his official duties with integrity and distinction, has served the
House of Representatives and the American people selflessly, and
deserves the sincere and humble gratitude of Congress and the Nation.

SEC. 1053. SENSE OF CONGRESS HONORING THE HONORABLE TERRY EVERETT.

(a) Findings.--Congress makes the following findings:
(1) Representative Terry Everett was elected to represent
Alabama's 2d Congressional district in 1992 and served in the
House of Representatives until the end of the 110th Congress in
2008 with distinction, class, integrity, and honor.
(2) Representative Everett served on the Committee on Armed
Services of the House of Representatives for 16 years,
including service as Chairman of the Subcommittee on Strategic
Forces from 2002 through 2006 and, from 2006 through 2008, as
Ranking Member of the Subcommittee on Strategic Forces.
(3) Representative Everett's colleagues know him to be a
fair and effective lawmaker who worked for the national
interest while always serving Southeastern Alabama.
(4) Representative Everett's efforts on the Committee on
Armed Services have been instrumental to the military value of,
and quality of life at, military installations in Southeastern
Alabama, including Maxwell-Gunter Air Force Base in Montgomery,
home of Air University, and Fort Rucker in the Wiregrass area,
home of the Army's Aviation Warfighting Center.
(5) Representative Everett has been a leader in efforts to
develop and deploy robust and effective space and intelligence
capabilities and missile defense systems to enhance the
capabilities of the Armed Forces and protect the American
people, the United States and its deployed troops, and allies
of the United States.
(6) Representative Everett also has been a leader on issues
relating to national security space activities and missile
defense space activities.
(b) Sense of Congress.--It is the Sense of Congress that the
Honorable Terry Everett, Representative from Alabama, has served the
House of Representatives and the American people selflessly, and
deserves the sincere and humble gratitude of Congress and the Nation.

SEC. 1054. SENSE OF CONGRESS HONORING THE HONORABLE JO ANN DAVIS.

(a) Findings.--Congress makes the following findings:
(1) Representative Jo Ann Davis was elected to the House of
Representatives in November 2000 following the late Congressman
Herbert H. Bateman.
(2) Representative Davis was the second woman elected to
Congress in the Commonwealth of Virginia, and the first
Republican woman elected to Congress in the Commonwealth of
Virginia.
(3) Representative Davis was a member of the Committee on
Armed Services, serving as Ranking Member of the Readiness
Subcommittee in the 110th Congress.
(4) Representative Davis served soldiers, sailors, airmen
and Department of Defense civilians and military personnel
regarding issues of health care, modernization, benefits, force
protection and other issues.
(5) Representative Davis also served on the House Permanent
Select Committee on Intelligence in the 109th Congress and as
Chairwoman of the Subcommittee on Intelligence Policy.
(6) Representative Davis, a strong proponent of Naval Force
Structure, helped secure construction on the Navy's next-
generation aircraft carrier, CVN-21, during her tenure.
(b) Sense of Congress.--It is the sense of Congress that the
Honorable Jo Ann Davis, a late Representative from Virginia, performed
her official duties with integrity and distinction, served the House of
Representatives and the American people selflessly, and deserves the
sincere and humble gratitude of Congress and the Nation.

Subtitle G--Other Matters

SEC. 1061. AMENDMENT TO ANNUAL SUBMISSION OF INFORMATION REGARDING
INFORMATION TECHNOLOGY CAPITAL ASSETS.

Section 351(a)(2) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516), is
amended to read as follows:
``(2) Information technology capital assets that--
``(A) have an estimated total cost for the fiscal
year for which the budget is submitted in excess of
$30,000,000;
``(B) have been determined by the Chief Information
Officer of the Department of Defense and the Director
of the Office of Management and Budget to be
significant investments; and
``(C) with respect to which the Department of
Defense is required to submit a capital asset plan to
the Office of Management and Budget in accordance with
section 300 of Office of Management and Budget Circular
A-11.''.

SEC. 1062. RESTRICTION ON DEPARTMENT OF DEFENSE RELOCATION OF MISSIONS
OR FUNCTIONS FROM CHEYENNE MOUNTAIN AIR FORCE STATION.

The Secretary of Defense may not relocate, make preparations for
relocation, or undertake the relocation of any mission or function from
Cheyenne Mountain Air Force Station until 30 days after the date on
which the Secretary of Defense submits to the congressional defense
committees certification in writing that the Secretary intends to
relocate the mission or function. Such certification shall be comprised
of a report, which shall include--
(1) a description of the mission or function to be
relocated;
(2) the validated requirements for relocation of the
mission or function, and the benefits of such relocation;
(3) the estimate of the total costs associated with such
relocation;
(4) the results of independent vulnerability, security, and
risk assessments of the relocation of the mission or function;
and
(5) the Secretary's implementation plan for mitigating any
security or vulnerability risk identified through an
independent assessment referred to in paragraph (4), including
the cost, schedule, and personnel estimates associated with
such plan.

SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The table of sections at the beginning of chapter 2 is
amended by inserting after the item relating to 118a the
following new item:

``118b. Quadrennial roles and missions review.''.
(2) The table of sections at the beginning of chapter 5 is
amended in the item relating to section 156 by inserting a
period at the end.
(3) The table of sections at the beginning of chapter 7 is
amended in the item relating to section 183 by inserting a
period at the end.
(4) Section 1477(e) is amended by inserting a period at the
end.
(5) Section 2192a is amended--
(A) in subsection (e)(4), by striking ``title 11,
United States Code,'' and inserting ``title 11''; and
(B) in subsection (f), by striking ``title 10,
United States Code'' and inserting ``this title''.
(6) The table of chapters at the beginning of subtitle C of
such title, and the table of chapters at the beginning of part
IV of such subtitle, are each amended by striking the item
relating to chapter 667 and inserting the following new item:

``667. Issue of Serviceable Material Other Than to Armed 7911''.
Forces.
(b) National Defense Authorization Act for Fiscal Year 2008.--
Effective as of January 28, 2008, and as if included therein as
enacted, the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181) is amended as follows:
(1) Section 371(c) is amended by striking ```operational
strategies''' and inserting ```operational systems'''.
(2) Section 585(b)(3)(C) (122 Stat. 132) is amended by
inserting ``both places it appears'' before the period at the
end.
(3) Section 703(b) is amended by striking ``as amended by''
and inserting ``as inserted by''.
(4) Section 805(a) is amended by striking ``Act ,'' and
inserting ``Act,''.
(5) Section 883(b) is amended by striking ``Section
832(c)(1) of such Act, as redesignated by subsection (a), is
amend by'' and inserting ``Section 832(b)(1) of such Act is
amended by''.
(6) Section 890(d)(2) is amended by striking ``sections''
and inserting ``parts''.
(7) Section 904(a)(4) is amended by striking ``131(b)(2)''
and inserting ``131(b)''.
(8) Section 954(a)(3)(B) (122 Stat. 294) is amended by
inserting ``, as redesignated by section 524(a)(1)(A),'' after
``of such title''.
(9) Section 954(b)(2) (122 Stat. 294) is amended--
(A) by striking ``2114(e) of such title'' and
inserting ``2114(f) of such title, as redesignated by
section 524(a)(1)(A),''; and
(B) by striking the period at the end and inserting
``and inserting `President'.''.
(10) Section 1063(d)(1) (122 Stat. 323) is amended by
striking ``semicolon'' and inserting ``comma''.
(11) Section 1229(i)(3) (122 Stat. 383) is amended by
striking ``publically'' and inserting ``publicly''.
(12) Section 1422(e)(2) (122 Stat. 422) is amended by
striking ``subsection (c)'' and inserting ``subsection
(c)(1)''.
(13) Section 1602(4) (122 Stat. 432) is amended by striking
``section 411 h(b)'' and inserting ``section 411h(b)(1)''.
(14) Section 1617(b) (122 Stat. 449) is amended by striking
``by adding at the end'' and inserting ``by inserting after the
item relating to section 1074k''.
(15) Section 2106 (122 Stat. 508) is amended by striking
``for 2007'' both places it appears and inserting ``for Fiscal
Year 2007''.
(16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by
striking ``the Army'' and inserting ``Army''.
(c) Title 31, United States Code.--Title 31, United States Code, is
amended as follows:
(1) Chapter 35 is amended by striking the first section
3557.
(2) The second section 3557 is amended in the section
heading by striking ``Public-Private'' and inserting ``public-
private''.
(3) The table of sections at the beginning of chapter 35 is
amended by striking the second item relating to section 3557.
(d) Title 28, United States Code.--Section 1491(b) of title 28,
United States Code, is amended by striking the first paragraph (5).
(e) Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005.--Section 721(e) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
1988; 10 U.S.C. 1092 note) is amended by striking ``fiscal years 2005''
and all that follows through ``2010'' and inserting ``fiscal years 2005
through 2010''.
(f) Public Law 106-113.--Effective as of November 29, 1999, and as
if included therein as enacted, section 553 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2000 (as
enacted into law by section 1000(a)(2) of Public Law 106-113 (113 Stat.
1535, 1501A-99)) is amended by striking ``five-year period'' and
inserting ``eight-year period''.

SEC. 1064. SUBMISSION TO CONGRESS OF REVISION TO REGULATION ON ENEMY
PRISONERS OF WAR, RETAINED PERSONNEL, CIVILIAN INTERNEES,
AND OTHER DETAINEES.

(a) Submission to Congress.--No activity relating to a successor
regulation to Army Regulation 190-8 Enemy Prisoners of War, Retained
Personnel, Civilian Internees and Other Detainees (dated October 1,
1997) may be carried out until the date that is 60 days after the date
on which the Secretary of Defense submits to the Committees on Armed
Services of the Senate and House of Representatives such successor
regulation.
(b) Savings Clause.--Nothing in this section shall affect the
continued effectiveness of Army Regulation 190-8 Enemy Prisoners of
War, Retained Personnel, Civilian Internees and Other Detainees (dated
October 1, 1997).

SEC. 1065. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO PORTUGUESE
NATIONALS EMPLOYED BY THE DEPARTMENT OF DEFENSE.

(a) Authorization for Payments.--Subject to subsection (b), the
Secretary of Defense may authorize payments to Portuguese nationals
employed by the Department of Defense in Portugal, for the difference
between--
(1) the salary increases resulting from section 8002 of the
Department of Defense Appropriations Act, 2006 (Public Law 109-
148 119 Stat. 2697; 10 U.S.C. 1584 note) and section 8002 of
the Department of Defense Appropriations Act, 2007 (Public Law
109-289; 120 Stat. 1271; 10 U.S.C. 1584 note); and
(2) salary increases supported by the Department of Defense
Azores Foreign National wage surveys for survey years 2006 and
2007.
(b) Limitation.--The authority provided in subsection (a) may be
exercised only if--
(1) the wage survey methodology described in the United
States--Portugal Agreement on Cooperation and Defense, with
supplemental technical and labor agreements and exchange of
notes, signed at Lisbon on June 1, 1995, and entered into force
on November 21, 1995, is eliminated; and
(2) the agreements and exchange of notes referred to in
paragraph (1) and any implementing regulations thereto are
revised to explicitly state the requirement that future
increases in the pay of Portuguese nationals employed by the
Department of Defense in Portugal are to be made in compliance
with United States law and regulations prescribed by the
Secretary of Defense.
(c) Authorization for Appropriation.--There is authorized to be
appropriated to the Secretary of Defense $240,000 for fiscal year 2009
for the purpose of the payments authorized by subsection (a).

SEC. 1066. STATE DEFENSE FORCE IMPROVEMENT.

(a) Findings.--Congress makes the following findings:
(1) Domestic threats to national security and the increased
use of National Guard forces for out-of-State deployments
greatly increase the potential for service by members of State
defense forces established under section 109(c) of title 32,
United States Code.
(2) The efficacy of State defense forces is impeded by lack
of clarity in the Federal regulations concerning those forces,
particularly in defining levels of coordination and cooperation
between those forces and the Department of Defense.
(3) The State defense forces suffer from lack of
standardized military training, arms, equipment, support, and
coordination with the Department of Defense as a result of real
and perceived Federal regulatory impediments.
(b) Recognition and Support for State Defense Forces.--Section 109
of title 32, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Recognition.--Congress hereby recognizes forces established
under subsection (c) as an integral military component of the United
States, while reaffirming that those forces remain entirely State
regulated, organized, and equipped and recognizing that those forces
will be used exclusively at the local level and in accordance with
State law.
``(e) Assistance by Department of Defense.--(1) The Secretary of
Defense may coordinate with, and provide assistance to, a defense force
established under subsection (c) to the extent such assistance is
requested by a State or by a force established under subsection (c) and
subject to the provisions of this section.
``(2) The Secretary may not provide assistance under paragraph (1)
if, in the judgment of the Secretary, such assistance would--
``(A) impede the ability of the Department of Defense to
execute missions of the Department;
``(B) take resources away from warfighting units;
``(C) incur nonreimbursed identifiable costs; or
``(D) consume resources in a manner inconsistent with the
mission of the Department of Defense.
``(f) Use of Department of Defense Property and Equipment.--The
Secretary of Defense may authorize qualified personnel of a force
established under subsection (c) to use and operate property, arms,
equipment, and facilities of the Department of Defense as needed in the
course of training activities and State active duty.
``(g) Transfer of Excess Equipment.--(1) The Secretary of Defense
may transfer to a State or a force established under subsection (c) any
personal property of the Department of Defense that the Secretary
determines is--
``(A) excess to the needs of the Department of Defense; and
``(B) suitable for use by a force established under
subsection (c).
``(2) The Secretary of Defense may transfer personal property under
this section only if--
``(A) the property is drawn from existing stocks of the
Department of Defense;
``(B) the recipient force established under subsection (c)
accepts the property on an as-is, where-is basis;
``(C) the transfer is made without the expenditure of any
funds available to the Department of Defense for the
procurement of defense equipment; and
``(D) all costs incurred subsequent to the transfer of the
property are borne or reimbursed by the recipient.
``(3) Subject to paragraph (2)(D), the Secretary may transfer
personal property under this section without charge to the recipient
force established under subsection (c).
``(h) Federal/State Training Coordination.--(1) Participation by a
force established under subsection (c) in a training program of the
Department of Defense is at the discretion of the State.
``(2) Nothing in this section may be construed as requiring the
Department of Defense to provide any training program to any such
force.
``(3) Any such training program shall be conducted in accordance
with an agreement between--
``(A) the Secretary of Defense; and
``(B) the State or the force established under subsection
(c) if so authorized by State law.
``(4) Any direct costs to the Department of Defense of providing
training assistance to a force established under subsection (c) shall
be reimbursed by the State. Any agreement under paragraph (3) between
the Department of Defense and a State or a force established under
subsection (c) for such training assistance shall provide for payment
of such costs.
``(i) Federal Funding of State Defense Forces.--Funds available to
the Department of Defense may not be made available to a State defense
force.''.
(c) Definition of State.--
(1) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(l) State Defined.--In this section, the term `State' includes
the District of Columbia, the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands.''.
(2) Conforming amendments.--Such section is further amended
in subsections (a), (b), and (c) by striking ``a State, the
Commonwealth of Puerto Rico, the District of Columbia, Guam, or
the Virgin Islands'' each place it appears and inserting ``a
State''.
(d) Stylistic Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Prohibition on
Maintenance of Other Troops.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Use Within State
Borders.--'' after ``(b)'';
(3) in subsection (c), by inserting ``State Defense Forces
Authorized.--'' after ``(c)'';
(4) in subsection (j), as redesignated by subsection
(a)(1), by inserting ``Effect of Membership in Defense
Forces.--'' after ``(j)''; and
(5) in subsection (k), as redesignated by subsection
(a)(1), by inserting ``Prohibition on Reserve Component Members
Joining Defense Forces.--'' after ``(k)''.
(e) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 109. Maintenance of other troops: State defense forces''.
(2) Clerical amendment.--The item relating to such section
in the table of sections at the beginning of chapter 1 of such
title is amended to read as follows:

``109. Maintenance of other troops: State defense forces.''.

SEC. 1067. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.

(a) Project Modification.--The project for hurricane and storm
damage reduction, Barnegat Inlet to Little Egg Inlet, New Jersey,
authorized by section 101(a)(1) of the Water Resources Development Act
of 2000 (114 Stat. 2576), is modified to authorize the Secretary of the
Army to undertake, at Federal expense, such measures as the Secretary
determines to be necessary and appropriate in the public interest to
address the handling of munitions placed on the beach during
construction of the project before the date of enactment of this
section.
(b) Treatment of Costs.--Costs incurred in carrying out subsection
(a) shall not be considered to be a cost of constructing the project.
(c) Credit.--The Secretary shall credit, in accordance with section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the
non-Federal share of the cost of the project the costs incurred by the
non-Federal interest with respect to the removal and handling of the
munitions referred to in subsection (a).
(d) Eligible Activities.--Measures authorized by subsection (a)
include monitoring, removal, and disposal of the munitions referred to
in subsection (a).
(e) Funding.--Of the amounts authorized to be appropriated by
section 301(13) of this Act, $7,175,000 is authorized to carry out
subsection (a).

SEC. 1068. SENSE OF CONGRESS REGARDING THE ROLES AND MISSIONS OF THE
DEPARTMENT OF DEFENSE AND OTHER NATIONAL SECURITY
INSTITUTIONS.

It is the sense of Congress as follows:
(1) To ensure the future security of the United States, all
of the national security organizations of the Federal
Government must work together more effectively.
(2) The conflicts in Iraq and Afghanistan have demonstrated
a need to expand the definition of national security
organizations to include all departments and agencies that
contribute to the relations of the United States with the
world.
(3) As the largest national security organization, the
Department of Defense must effectively collaborate in both a
supported and supporting role with other departments and
agencies.
(4) Section 941 of Public Law 110-181 created an
opportunity for the Department of Defense to address internal
assignments of functions.
(5) The Initial Perspectives report of the Panel on Roles
and Missions of the Committee on Armed Services of the House of
Representatives illustrated the following three levels of
coordination that must be improved:
(A) Inter-agency coordination.
(B) Department of Defense-wide coordination.
(C) Inter-service coordination.
(6) Institutionalizing effective coordination within and
among the national security organizations of the Federal
Government may require fundamental reform.

SEC. 1069. SENSE OF CONGRESS RELATING TO 2008 SUPPLEMENTAL
APPROPRIATIONS.

It is the sense of Congress that readiness shortfalls exist within
the Armed Forces of the United States, thus increasing risk to the
national security of the United States. Congress has provided, and will
continue to provide, funds to address the readiness shortfalls in the
Armed Forces of the United States.

SEC. 1070. SENSE OF CONGRESS REGARDING DEFENSE REQUIREMENTS OF THE
UNITED STATES.

It is the sense of Congress that the defense requirements of the
United States should be based upon a comprehensive national security
strategy and fully funded to counter present and emerging threats.

SEC. 1071. STANDING ADVISORY PANEL ON IMPROVING INTEGRATION BETWEEN THE
DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND THE
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT ON
MATTERS OF NATIONAL SECURITY.

(a) Establishment of Advisory Panel.--The Secretary of Defense, the
Secretary of State, and the Administrator of the United States Agency
for International Development shall jointly establish an advisory panel
to review the respective roles and responsibilities of the Department
of Defense, the Department of State, and the United States Agency for
International Development in the national security collaborative
system.
(b) Membership.--
(1) Composition.--The advisory panel shall be composed of
12 members, of whom--
(A) three shall be appointed by the Secretary of
Defense, in consultation with the Secretary of State
and the Administrator;
(B) three shall be appointed by the Secretary of
Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, the Secretary of State, and the
Administrator;
(C) three shall be appointed by the Secretary of
State, in consultation with the Secretary of Defense
and the Administrator; and
(D) three shall be appointed by the Administrator,
in consultation with the Secretary of Defense and the
Secretary of State.
(2) Chairman.--The Secretary of Defense, the Secretary of
State, and the Administrator shall jointly designate one member
as chairman.
(3) Vice chairman.--The Secretary of Defense, the Secretary
of State, and the Administrator shall jointly designate one
member as vice chairman. The vice chairman may not be a member
appointed to the advisory panel under paragraph (1) by the same
Secretary or Administrator that appointed the chairman to the
advisory panel under paragraph (1).
(4) Expertise.--Members of the advisory panel shall be
private citizens of the United States with national recognition
and significant experience in the Federal Government, the Armed
Forces, public administration, foreign affairs, or development.
(5) Deadline for appointment.--All members of the advisory
panel shall be appointed not earlier than January 20, 2009, and
not later than March 20, 2009.
(6) Terms.--The term of each member of the advisory panel
is for the life of the advisory panel.
(7) Vacancies.--A vacancy in the advisory panel shall be
filled not later than 30 days after such vacancy occurs and in
the manner in which the original appointment was made.
(8) Security clearances.--The appropriate departments or
agencies of the Federal Government shall cooperate with the
advisory panel in expeditiously providing to the members and
staff appropriate security clearances to the extent possible
pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified
information under this section without the appropriate security
clearances.
(9) Status.--A member of the advisory board who is not
otherwise employed by the Federal Government shall not be
considered to be a Federal employee, except for the purposes of
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.
(10) Expenses.--The members of the advisory panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, while away from
their homes or regular places of business in the performance of
services for the advisory panel.
(c) Meetings and Procedures.--
(1) Initial meeting.--The advisory panel shall conduct its
first meeting not later than 30 days after the date that all
appointments to the advisory panel have been made under
subsection (b).
(2) Meetings.--The advisory panel shall meet not less often
than once every three months. The advisory panel may also meet
at the call of the Secretary of Defense, the Secretary of
State, or the Administrator.
(3) Procedures.--The advisory panel shall carry out its
duties under procedures established under subsection (d).
(4) Nonapplicability of federal advisory committee act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the advisory panel.
(d) Support of Federally Funded Research and Development Center.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of State and the Administrator, shall enter
into a contract with a federally funded research and
development center for the provision of administrative and
logistical support and assistance to the advisory panel in
carrying out its duties under this section. Such support and
assistance shall include the establishment of the procedures of
the advisory panel under subsection (c)(3).
(2) Deadline for contract.--The Secretary of Defense shall
enter into the contract required by this subsection not later
than 60 days after the date of the enactment of this Act.
(e) Duties of Panel.--
(1) The advisory panel shall analyze the roles and
responsibilities of the Department of Defense, the Department
of State, and the United States Agency for International
Development regarding--
(A) stability operations;
(B) non-proliferation;
(C) foreign assistance (including security
assistance);
(D) strategic communications;
(E) public diplomacy;
(F) the role of contractors; and
(G) other areas the Secretary of Defense, the
Secretary of State, and the Administrator consider
appropriate.
(2) In providing advice, guidance, and recommendations to
improve the national security collaborative system, the
advisory panel shall review--
(A) the structures and systems that coordinate
policy-making;
(B) the roles and responsibilities of the
departments and agencies of the Federal Government
involved in the national security collaborative system;
(C) integrating the expertise of the departments
and agencies of the Federal Government involved in the
national security collaborative system; and
(D) coordinating personnel assigned abroad as part
of the national security collaborative system.
(f) Cooperation of Other Agencies.--Upon request by the advisory
panel, any department or agency of the Federal Government shall provide
information that the advisory panel considers necessary to carry out
its duties.
(g) Reports.--
(1) Interim report.--
(A) Not later than 180 days after the first meeting
of the advisory panel, the advisory panel shall submit
to the Secretary of Defense, the Secretary of State,
and the Administrator, a report that identifies--
(i) aspects of the national security
collaborative system that should take priority
during the improvement of integration between
the Department of Defense, the Department of
State, and the United States Agency for
International Development; and
(ii) methods to better integrate the
national security collaborative system.
(2) Annual report.--
(A) Not later than December 31 of each year, the
advisory panel shall submit to the Secretary of
Defense, the Secretary of State, and the Administrator,
a report on--
(i) the activities of the advisory panel;
(ii) any deficiencies in the national
security collaborative system;
(iii) any improvements made to the national
security collaborative system;
(iv) methods to better integrate the
national security collaborative system; and
(v) such findings, conclusions, and
recommendations as the advisory panel considers
appropriate.
(3) Submission of report to congress.--The Secretary of
Defense, the Secretary of State, and the Administrator shall
submit to the appropriate committees of Congress the reports
under this subsection and any additional information considered
appropriate.
(4) Congressional briefings.--Not later than 30 days after
the submission of each report under this subsection, the
advisory panel shall meet with the appropriate committees to
brief such committees on the matters contained in the report.
(5) Appropriate committees.--For the purposes of this
subsection, the appropriate committees of Congress are the
following:
(A) The Committees on Foreign Relations, Armed
Services, and Appropriations of the Senate.
(B) The Committees on Foreign Affairs, Armed
Services, and Appropriations of the House of
Representatives.
(h) Termination of Advisory Panel.--The advisory panel shall
terminate on September 30, 2013.
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) National security collaborative system.--The term
``national security collaborative system'' means the
structures, mechanisms, and processes by which the Department
of Defense, the Department of State, and the United States
Agency for International Development coordinate and integrate
their policies, capabilities, expertise, and activities to
accomplish national security missions overseas.
(3) Stability operations.--The term ``stability
operations'' means stability and reconstruction operations
conducted by departments or agencies of the Federal Government
described by Department of Defense Directive 3000.05, National
Security Presidential Directive 1, or National Security
Presidential Directive 44.

SEC. 1072. NONAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT TO
THE CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF
THE UNITED STATES.

Section 1062 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 476) is amended by adding at
the end the following new subsection:
``(h) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the
commission, which advises Congress, because the Federal Advisory
Committee Act applies only to commissions that advise the executive
branch.''.

SEC. 1073. STUDY AND REPORT ON USE OF POWER MANAGEMENT SOFTWARE.

(a) Study.--The Secretary of Defense shall conduct a study on the
use of power management software by civilian and military personnel and
facilities of the Department of Defense to reduce the use of
electricity in computer monitors and personal computers. This study
shall include recommendations for baseline electric power use, for
ensuring robust monitoring and verification of power use requirements
on a continuing basis, and for potential technological solutions or
best practices for achieving these efficiency objectives.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report containing
the results of the study under subsection (a), including a description
of the recommendations developed under the study.

SEC. 1074. COMPREHENSIVE INTERAGENCY STRATEGY FOR STRATEGIC
COMMUNICATION AND PUBLIC DIPLOMACY ACTIVITIES OF THE
FEDERAL GOVERNMENT.

(a) Comprehensive Strategy.--
(1) Strategy.--The President shall develop a comprehensive
interagency strategy for public diplomacy and strategic
communication that updates and builds upon the strategy
outlined by the Strategic Communication and Public Diplomacy
Policy Coordinating Committee in the publication titled ``U.S.
National Strategy for Public Diplomacy and Strategic
Communication'' (June, 2007).
(2) Contents.--The strategy required by this subsection
shall contain overall objectives, goals, actions to be
performed, and benchmarks and timetables for the achievement of
such goals and objectives.
(3) Components.--The strategy shall include the following
components:
(A) Prioritizing the mission of supporting specific
foreign policy objectives, such as counterterrorism and
efforts to combat extremist ideology, in parallel and
in complement with, as appropriate, the broad mission
of communicating the policies and values of the United
States to foreign audiences.
(B) Consolidating and elevating Federal Government
leadership to prioritize, manage, and implement the
strategy required by this subsection, including the
consideration of establishing strategic communication
and public diplomacy positions at the National Security
Council and establishing a single office to coordinate
strategic communication and public diplomacy efforts.
(C) Improving coordination across departments and
agencies of the Federal Government on--
(i) strategic planning;
(ii) research activities, such as research
into the attitudes and behaviors of foreign
audiences; and
(iii) the development of editorial content,
including content for Internet websites and
print publications.
(D) Developing a more rigorous, research-based,
targeted approach to strategic communication and public
diplomacy efforts, with efforts differentiated for
specific target audiences in various countries and
regions.
(E) Developing more rigorous monitoring and
evaluation mechanisms.
(F) Making greater use of innovative tools in
strategic communication and public diplomacy research
and operations, including new media platforms and
social research technologies.
(G) Making greater use of participation from
private sector entities, academic institutions, not-
for-profit organizations, and other non-governmental
organizations in supporting strategic communication and
public diplomacy efforts, including the consideration
of establishing an independent, not-for-profit
organization described in subsection (b).
(H) Increasing resources devoted to strategic
communication and public diplomacy efforts.
(4) Reports.--
(A) Initial report.--Not later than December 31,
2009, the President shall submit to the appropriate
committees of Congress a report that describes the
strategy required by this subsection.
(B) Subsequent reports.--Not less than once every
two years after the submission of the initial report
under subparagraph (A), the President shall submit to
the appropriate committees of Congress a report on--
(i) the status of the implementation of the
strategy;
(ii) progress toward achievement of
benchmarks; and
(iii) any changes to the strategy since the
submission of the previous report.
(b) Study of Independent Organization.--
(1) Study.--The Secretary of State and the Secretary of
Defense shall jointly conduct a study assessing the
recommendation from the Defense Science Board's Task Force on
Strategic Communication to establish an independent, not-for-
profit organization responsible for providing independent
assessment and strategic guidance to the Federal Government on
strategic communication and public diplomacy.
(2) Scope.--The study shall include--
(A) an assessment of the benefits gained by
establishing such an organization; and
(B) an outline of the potential framework of such
an organization, including its organization, mission,
capabilities, and operations.
(c) Report on Roles of Departments or Agencies of the Federal
Government.--
(1) Report.--Not later than June 30, 2009, the President
shall submit to the appropriate committees of Congress a
report--
(A) describing the roles of the Department of State
and the Department of Defense regarding strategic
communication and public diplomacy; and
(B) assessing proposals to establish an independent
center to support government-wide strategic
communication and public diplomacy efforts, including
the study described in subsection (b).
(2) Report elements.--The report shall contain the
following:
(A) A description of activities performed by the
Department of Defense as part of strategic
communication, including--
(i) efforts to disseminate directly to
foreign audiences messages intended to shape
the security environment of a combatant
command;
(ii) psychological operations, including
those in direct support of contingency
operations other than Operation Enduring
Freedom or Operation Iraqi Freedom, that are
intended to counter extremist and hostile
propaganda or promote stability and security;
and
(iii) public affairs programs to shape the
opinions of foreign audiences.
(B) A current description of activities conducted
by the Under Secretary for Public Diplomacy and Public
Affairs at the Department of State, including--
(i) outreach to mass audiences and
strategic audiences, such as opinion makers,
youth, and other targeted groups, using media,
lectures, information centers, and cultural
events;
(ii) use of interactive media technologies,
such as Internet blogs and social networking
websites, to build relationships and to counter
extremist groups using similar media;
(iii) education and exchange programs;
(iv) book translation; and
(v) work with non-governmental
organizations and private-sector partners.
(C) A definition of the roles of the offices within
the Department of State and the Department of Defense
that are engaged in message outreach to audiences
abroad.
(D) A detailed explanation of how the Department of
State and the Department of Defense perform unique
strategic communication activities and public diplomacy
activities.
(E) An explanation of how the Department of State
and the Department of Defense coordinate strategic
communication and public diplomacy activities in--
(i) using polls, focus groups, and other
measures to learn the attitudes and behavior of
foreign audiences;
(ii) publishing editorial content on
Internet websites and in print media;
(iii) organizing field support for military
information support teams, civil affairs, and
other shared activities;
(iv) using foreign-directed education and
training resources; and
(v) training personnel in both departments
by exchanging faculty and students of the
Foreign Service Institute, the Army War
College, the Naval War College, and other
similar institutions.
(d) Form and Availability of Reports.--
(1) Form.--The reports required by this section may be
submitted in a classified form.
(2) Availability.--Any unclassified portions of the reports
required by this section shall be made available to the public.
(e) Appropriate Committees.--For the purposes of this section, the
appropriate committees of Congress are the following:
(1) The Committees on Foreign Relations, Armed Services,
and Appropriations of the Senate.
(2) The Committees on Foreign Affairs, Armed Services, and
Appropriations of the House of Representatives.

SEC. 1075. PROHIBITIONS RELATING TO PROPAGANDA.

(a) Prohibition.--No part of any funds authorized to be
appropriated in this or any other Act shall be used by the Department
of Defense for propaganda purposes within the United States not
otherwise specifically authorized by law.
(b) Reports.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the Department of
Defense and the Comptroller General of the United States shall each
conduct a study of, and submit to the Congress a report on, the extent
to which the Department of Defense has violated the prohibition on
propaganda established in section 8001 of Public Laws 107-117, 107-248,
108-87, 108-287, 109-148, 109-289, and 110-116, the Department of
Defense Appropriations Acts for fiscal years 2002 through 2008.
(c) Definition.--For purposes of this section, the term
``propaganda'' means any form of communication in support of national
objectives designed to influence the opinions, emotions, attitudes, or
behavior of the people of the United States in order to benefit the
sponsor, either directly or indirectly.

SEC. 1076. USE OF RUNWAY AT NASJRB WILLOW GROVE, PENNSYLVANIA.

(a) Conditions on Conveyance, Grant, Lease, or License.--Any
conveyance, grant, lease, or license from the United States to the
Commonwealth of Pennsylvania or other legal entity that includes the
airfield property located at NASJRB Willow Grove and designated for
operation as a Joint Interagency Installation pursuant to section 3703
of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (121 Stat. 145) shall be
subject to the restrictions on the use of the airfield set forth in
subsection (b).
(b) Restrictions on Use.--The airfield at the installation shall
not be used for any of the following purposes:
(1) Commercial passenger operations.
(2) Commercial cargo operations.
(3) Commercial, business, or nongovernment aircraft
operations for purposes not related to the missions of the
installation, except that this paragraph shall not apply in
exigent circumstances or prohibit use of the airfield by or on
behalf of any associated user which is a tenant of the
installation.
(4) As a reliever airport to relieve congestion at other
airports or to provide improved general aviation access to the
overall community, except that this paragraph shall not apply
in exigent circumstances.
(c) Limitation on Statutory Construction.--Nothing in this section
shall be construed to diminish or alter authorized uses of the
installation, including the military enclave that is part thereof, by
the United States or its agencies or instrumentalities or to limit use
of the property in exigent circumstances.
(d) Definitions.--In this section, the following definitions apply:
(1) Airfield.--The term ``airfield'' means the airfield
referred to in subsection (a).
(2) Associated users.--The term ``associated users'' means
nongovernmental organizations and private entities that use the
airfield for purposes related to the national defense, homeland
security, and emergency preparedness missions of the
installation.
(3) Exigent circumstances.--The term ``exigent
circumstances'' means unusual conditions, including adverse or
unusual weather conditions, alerts, and actual or threatened
emergencies that are determined by the installation to require
limited-duration use of the installation or its airfield for
operations, including flying operations, for uses otherwise
restricted under subsection (b).
(4) Commercial cargo operations.--The term ``commercial
cargo operations'' means aircraft operations by a commercial
cargo or freight carrier in cases in which cargo is delivered
to or flown from the installation under established schedules,
except that the term does not include any cargo operations
undertaken by or on behalf of any user of the installation or
cargo operations related to the national defense, homeland
security, and emergency preparedness missions of the
installation.
(5) Commercial passenger operations.--The term ``commercial
passenger operations'' means aircraft passenger operations by
commercial passenger carriers involving flights where
passengers are boarded or enplaned at the installation, except
that the term does not include passenger operations undertaken
by or on behalf of any user of the installation or passenger
operations related to the national defense, homeland security,
and emergency preparedness missions of the installation.
(6) Installation.--The term ``installation'' means the
Joint Interagency Installation referred to in subsection (a).

SEC. 1077. PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR
PERSONNEL.

Effective as of the date that is one year after the date of the
enactment of this Act, the Department of Defense manpower mix criteria
and the Department of Defense Supplement to the Federal Acquisition
Regulation shall be revised to provide that--
(1) the interrogation of enemy prisoners of war, civilian
internees, retained persons, other detainees, terrorists, and
criminals when captured, transferred, confined, or detained
during or in the aftermath of hostilities is an inherently
governmental function and cannot be transferred to private
sector contractors who are beyond the reach of controls
otherwise applicable to government personnel; and
(2) properly trained and cleared contractors may be used as
linguists, interpreters, report writers, and information
technology technicians if their work is properly reviewed by
appropriate government officials.

SEC. 1078. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE ELECTRONICALLY
RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF
PERSONS IN THE CUSTODY OF OR UNDER THE EFFECTIVE CONTROL
OF THE DEPARTMENT OF DEFENSE.

(a) In General.--In accordance with the Army Field Manual on Human
Intelligence Collector Operations (FM 2-22.3, September 2006), or any
successor thereto, and the guidelines developed pursuant to subsection
(e), the Secretary of Defense shall take such actions as are necessary
to ensure the videotaping or otherwise electronically recording of each
strategic intelligence interrogation of any person who is in the
custody or under the effective control of the Department of Defense or
under detention in a Department of Defense facility.
(b) Classification of Information.--To protect United States
national security, the safety of the individuals conducting or
assisting in the conduct of a strategic intelligence interrogation, and
the privacy of persons described in subsection (a), the Secretary of
Defense shall provide for the appropriate classification of video tapes
or other electronic recordings made pursuant to subsection (a). The use
of such classified video tapes or other electronic recordings in
proceedings conducted under the Detainee Treatment Act of 2005 (title
14 of Public Law 109-163 and title 10 of Public Law 109-148), the
Military Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public Law
109-366), or any other provision of law shall be governed by applicable
rules, regulations, and law.
(c) Strategic Intelligence Interrogation Defined.--For purposes of
this section, the term ``strategic intelligence interrogation'' means
an interrogation of a person described in subsection (a) conducted at a
theater-level detention facility.
(d) Exclusion.--Nothing in this section shall be construed as
requiring--
(1) any member of the Armed Forces engaged in direct combat
operations to videotape or otherwise electronically record a
person described in subsection (a); or
(2) the videotaping or other electronic recording of
tactical questioning, as such term is defined in the Army Field
Manual on Human Intelligence Collector Operations (FM 2-22.3,
September 2006), or any successor thereto.
(e) Guidelines for Videotape and Other Electronic Recordings.--
(1) Development of guidelines.--The Secretary of Defense,
acting through the Judge Advocates General (as defined in
section 801(1) of title 10, United States Code, (Article 1 of
the Uniform Code of Military Justice)), shall develop and adopt
uniform guidelines designed to ensure that the videotaping or
other electronic recording required under subsection (a), at a
minimum--
(A) promotes full compliance with the laws of the
United States;
(B) is maintained for a length of time that serves
the interests of justice in cases for which trials are
being or may be conducted pursuant to the Detainee
Treatment Act of 2005 (title 14 of Public Law 109-163
and title 10 of Public Law 109-148), the Military
Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public
Law 109-366), or any other provision of law;
(C) promotes the exploitation of intelligence; and
(D) ensures the safety of all participants in the
interrogations.
(2) Submittal to congress.--Not later than 30 days after
the date of the enactment of this section, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the
guidelines developed under paragraph (1). Such report shall be
in an unclassified form but may include a classified annex.

SEC. 1079. PUBLIC DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS AT
WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.

Section 2166 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Public Disclosure of Students and Instructors.--(1) The
Secretary of Defense shall release to the public, upon request, the
information described in paragraph (2) for each of fiscal years 2005,
2006, 2007, and 2008, and any fiscal year thereafter.
``(2) The information to be released under paragraph (1) shall
include the following with respect to the fiscal year covered:
``(A) The entire name, including the first, middle, and
maternal and paternal surnames, with respect to each student
and instructor at the Institute.
``(B) The rank of each student and instructor.
``(C) The country of origin of each student and instructor.
``(D) The courses taken by each student.
``(E) The courses taught by each instructor.
``(F) Any years of attendance by each student in addition
to the fiscal year covered.''.

TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON PREMIUM PAY FOR
FEDERAL EMPLOYEES.

(a) Waiver Authority.--Subject to subsection (b), the head of an
agency may waive the limitation under section 5547(a) of title 5,
United States Code, with respect to premium pay for any service which
is performed by an employee of such agency--
(1) in an overseas location within the area of
responsibility of the Commander of the United States Central
Command; and
(2) in direct support of or directly related to--
(A) a military operation, including a contingency
operation; or
(B) an operation in response to an emergency
declared by the President.
(b) Limitations.--Waiver authority under this section shall be
available only with respect to premium pay for service performed in
2009, and only to the extent that its exercise would not cause an
employee's total basic pay and premium pay for 2009 to exceed $212,100.
(c) Additional Pay Not Considered Basic Pay.--Any amount of premium
pay that would not have been payable but for a waiver under this
section shall not be considered to be basic pay for any purpose and
shall not be used in computing a lump-sum payment for accumulated and
accrued annual leave under section 5551 of title 5, United States Code.
(d) Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations which may be necessary to
ensure consistency among heads of agencies in the application of this
section.
(e) Definitions.--For purposes of this section--
(1) the terms ``agency'' and ``employee'' have the
respective meanings given such terms by section 5541 of title
5, United States Code;
(2) the term ``premium pay'' refers to any premium pay
described in section 5547(a) of such title 5; and
(3) the term ``contingency operation'' has the meaning
given such term by section 101(a)(13) of title 10, United
States Code.

SEC. 1102. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE PAYMENTS.

Section 5595(i)(4) of title 5, United States Code, is amended by
striking ``October 1, 2010'' and inserting ``October 1, 2014''.

SEC. 1103. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE AUTHORITY OF
DEPARTMENT OF DEFENSE.

Section 3502(f)(5) of title 5, United States Code, is amended by
striking ``September 30, 2010'' and inserting ``September 30, 2014''.

SEC. 1104. TECHNICAL AMENDMENT TO DEFINITION OF PROFESSIONAL ACCOUNTING
POSITION.

Section 1599d(e) of title 10, United States Code, is amended by
striking ``GS-510, GS-511, and GS-505'' and inserting ``0505, 0510, or
0511 (or an equivalent)''.

SEC. 1105. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE PROFESSIONALS.

(a) Expedited Hiring Authority.--Section 1599c(a) of title 10,
United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of Defense
may''; and
(2) by adding at the end the following new paragraph:
``(2)(A) For purposes of sections 3304, 5333, and 5753 of title 5,
the Secretary of Defense may--
``(i) designate any category of medical or health
professional positions within the Department of Defense as
shortage category positions; and
``(ii) utilize the authorities in such sections to recruit
and appoint highly qualified persons directly to positions so
designated.
``(B) In using the authority provided by this paragraph, the
Secretary shall apply the principles of preference for the hiring of
veterans and other persons established in subchapter 1 of chapter 33 of
title 5.''.
(b) Termination of Authority.--Section 1599c(c) of such title is
amended--
(1) by inserting ``(1)'' before ``The authority of'';
(2) by striking ``September 30, 2010'' and inserting
``September 30, 2012''; and
(3) by adding at the end the following new paragraph:
``(2) The Secretary may not appoint a person to a position of
employment under subsection (a)(2) after September 30, 2012.''.

SEC. 1106. AUTHORITY TO ADJUST CERTAIN LIMITATIONS ON PERSONNEL AND
REPORTS ON SUCH ADJUSTMENTS.

(a) Authority to Adjust Limitations on OSD Personnel.--
(1) Section 143 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``The number''
and inserting ``Subject to subsection (b), the
number'';
(B) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively;
(C) by inserting after subsection (a) the following
new subsection (b):
``(b) Authority to Adjust Limitation.--(1) For fiscal year 2009 and
fiscal years thereafter, the Secretary of Defense may adjust the
limitation on OSD personnel in accordance with paragraph (2) to
accommodate increases in workload or to modify the type of personnel
required to accomplish work.
``(2) The Secretary may adjust the baseline personnel limitation
under paragraph (1) by increasing it by no more than 5 percent in a
fiscal year.''; and
(D) by amending subsection (c) (as so redesignated)
to read as follows:
``(c) Definitions.--In this section:
``(1) The term `OSD personnel' means military and civilian
personnel of the Department of Defense who are assigned to, or
employed in, functions in the Office of the Secretary of
Defense (including Direct Support Activities of that Office and
the Washington Headquarters Services of the Department of
Defense).
``(2) The term `baseline personnel limitation', with
respect to OSD personnel, means--
``(A) for fiscal year 2009, the number described in
subsection (a); and
``(B) for any fiscal year thereafter, such number
as increased (if at all) by the Secretary under
subsection (b) during preceding fiscal years.''.
(b) Defense Agencies and Field Activities.--Section 194 of title
10, United States Code, is amended--
(1) in subsections (a) and (b), by striking ``The total''
each place it appears and inserting ``Subject to subsection
(c), the total'';
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Authority to Adjust Limitation.--(1) For fiscal year 2009 and
fiscal years thereafter, the Secretary of Defense may adjust the
baseline personnel limitations in subsection (a) in accordance with
paragraph (2) to accommodate increases in workload or to modify the
type of personnel required to accomplish work.
``(2) The Secretary may adjust a baseline personnel limitation
under paragraph (1) by increasing it by no more than 5 percent in a
fiscal year.''; and
(4) by amending subsection (g) (as so redesignated)--
(A) by striking ``In this section, the'' and
inserting ``In this section:
``(1) The''; and
(B) by adding at the end the following new
paragraph:
``(2) The term `baseline personnel limitation', with
respect to members of the armed forces and civilian employees
described in subsection (a) or subsection (b), means--
``(A) for fiscal year 2009, the number described in
subsection (a) or (b), respectively; and
``(B) for any fiscal year thereafter, such number
as increased (if at all) by the Secretary under
subsection (c) during preceding fiscal years.''.
(c) Office of the Secretary of the Army and Army Staff.--Subsection
(f) of section 3014 of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5)(A) For fiscal year 2009 and fiscal years thereafter,
the Secretary of the Army may adjust the baseline personnel
limitation in paragraph (1), (2), or (3) in accordance with
subparagraph (B) to accommodate increases in workload or to
modify the type of personnel required to accomplish work.
``(B) The Secretary may adjust a baseline personnel
limitation under subparagraph (A) by increasing it by no more
than 5 percent in a fiscal year.
``(C) In this subsection, the term `baseline personnel
limitation', with respect to members of the armed forces and
civilian employees described in paragraph (1), (2), or (3),
means--
``(i) for fiscal year 2009, the number described in
paragraph (1), (2), or (3), respectively; and
``(ii) for any fiscal year thereafter, such number
as increased (if at all) by the Secretary under
subparagraph (A) during preceding fiscal years.''.
(d) Office of the Secretary of the Navy, Office of the Chief of
Naval Operations, and Headquarters, Marine Corps.--Subsection (f) of
section 5014 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(5)(A) For fiscal year 2009 and fiscal years thereafter,
the Secretary of the Navy may adjust the baseline personnel
limitation in paragraph (1), (2), or (3) in accordance with
subparagraph (B) to accommodate increases in workload or to
modify the type of personnel required to accomplish work.
``(B) The Secretary may adjust a baseline personnel
limitation under subparagraph (A) by increasing it by no more
than 5 percent in a fiscal year.
``(C) In this subsection, the term `baseline personnel
limitation', with respect to members of the armed forces and
civilian employees described in paragraph (1), (2), or (3),
means--
``(i) for fiscal year 2009, the number described in
paragraph (1), (2), or (3), respectively; and
``(ii) for any fiscal year thereafter, such number
as increased (if at all) by the Secretary under
subparagraph (A) during any preceding fiscal years.''.
(e) Office of the Secretary of the Air Force and Air Staff.--
Subsection (f) of section 8014 of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(5)(A) For fiscal year 2009 and fiscal years thereafter,
the Secretary of the Air Force may adjust the baseline
personnel limitation in paragraph (1), (2), or (3) in
accordance with subparagraph (B) to accommodate increases in
workload or to modify the type of personnel required to
accomplish work.
``(B) The Secretary may adjust a baseline personnel
limitation under subparagraph (A) by increasing it by no more
than 5 percent in a fiscal year.
``(C) In this subsection, the term `baseline personnel
limitation', with respect to members of the armed forces and
civilian employees described in paragraph (1), (2), or (3),
means--
``(i) for fiscal year 2009, the number described in
paragraph (1), (2), or (3), respectively; and
``(ii) for any fiscal year thereafter, such number
as increased (if at all) by the Secretary under
subparagraph (A) during preceding fiscal years.''.
(f) Report Required.--The Secretary of Defense shall submit a
report to the congressional defense committees at the same time that
the defense budget materials for each fiscal year are presented to
Congress. The report shall include the following information:
(1) During the preceding fiscal year, the average number of
military personnel and civilian employees of the Department of
Defense assigned to or detailed to permanent duty in--
(A) the Office of the Secretary of Defense;
(B) the management headquarters activities and
management headquarters support activities in the
Defense Agencies and Department of Defense Field
Activities;
(C) the Office of the Secretary of the Army and the
Army Staff;
(D) the Office of the Secretary of the Navy, the
Office of Chief of Naval Operations, and the
Headquarters, Marine Corps; and
(E) the Office of the Secretary of the Air Force
and the Air Staff.
(2) The total increase in personnel assigned to the
activities or entities described in paragraph (1), if any,
during the preceding fiscal year--
(A) attributable to the replacement of contract
personnel with military personnel or civilian employees
of the Department of Defense, including the number of
positions associated with the replacement of contract
personnel performing inherently governmental functions
or performing lead system integrator functions; and
(B) attributable to reasons other than the
replacement of contract personnel with military
personnel or civilian employees of the Department, such
as workload or operational demand increases.
(3) The number of military personnel and civilian employees
of the Department of Defense assigned to the activities or
entities described in paragraph (1) as of October 1 of the
preceding fiscal year.
(4) An analysis and justification for any increase in
personnel assigned to the activities or entities described in
paragraph (1), if any, during the preceding fiscal year,
including an analysis of the workload of the activity or entity
and the management of the workload.
(g) Definitions.--In this section:
(1) Defense budget materials.--The term ``defense budget
materials'', with respect to a fiscal year, means the materials
submitted to Congress by the Secretary of Defense in support of
the budget for that fiscal year that is submitted to Congress
by the President under section 1105 of title 31, United States
Code.
(2) Contract personnel.--The term ``contract personnel''
means persons hired under a contract with the Department of
Defense for the performance of major Department of Defense
headquarters activities.
(h) Comptroller General Evaluation.--Not later than April 15, 2009,
the Comptroller General shall--
(1) conduct an evaluation of the overall management of the
staffing processes and procedures for the personnel affected by
the amendments made by this section; and
(2) submit to the congressional defense committees a report
on the results of such evaluation, with such findings and
recommendations as the Comptroller General considers
appropriate.

SEC. 1107. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES,
BENEFITS, AND GRATUITIES TO PERSONNEL ON OFFICIAL DUTY IN
A COMBAT ZONE.

(a) In General.--Section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443) is amended--
(1) by striking ``During fiscal years 2006, 2007, and
2008'' and inserting ``(1) During fiscal years 2006 (including
the period beginning on October 1, 2005, and ending on June 15,
2006), 2007, and 2008''; and
(2) by adding at the end the following:
``(2) During fiscal years 2009, 2010, and 2011, the head of an
agency may, in the agency head's discretion, provide to an individual
employed by, or assigned or detailed to, such agency allowances,
benefits, and gratuities comparable to those provided by the Secretary
of State to members of the Foreign Service under section 413 and
chapter 9 of title I of the Foreign Service Act of 1980, if such
individual is on official duty in a combat zone (as defined by section
112(c) of the Internal Revenue Code of 1986).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006 (Public Law 109-234).

SEC. 1108. REQUIREMENT RELATING TO FURLOUGHS DURING THE TIME OF A
CONTINGENCY OPERATION.

(a) In General.--Subchapter I of chapter 35 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 3505. Furloughs within Department of Defense
``(a) For purposes of this section--
``(1) the term `furlough' means the placing of an employee
in a temporary status without duties and pay because of a lack
of funds;
``(2) the term `contingency operation' has the meaning
given such term by section 101(a)(13) of title 10; and
``(3) the term `defense committees' has the meaning given
such term by section 119(g) of title 10.
``(b)(1) The Secretary of Defense may not issue notice of a
furlough described in paragraph (2) until the Secretary has certified
to the defense committees that the Secretary has no other legal
measures to avoid such furloughs.
``(2) This subsection applies with respect to any furlough that
impacts substantial portions of the civilian workforce of the
Department of Defense commencing during the time of a contingency
operation.''.
(b) Clerical Amendment.--The analysis for chapter 35 of title 5,
United States Code, is amended by inserting after the item relating to
section 3504 the following new item:

``3505. Furloughs within Department of Defense.''.

SEC. 1109. DIRECT HIRE AUTHORITY FOR CERTAIN POSITIONS AT PERSONNEL
DEMONSTRATION LABORATORIES.

(a) Authority.--The Secretary of Defense may make appointments to
positions described in subsection (b) without regard to the provisions
of subchapter I of chapter 33 of title 5, United States Code, other
than sections 3303 and 3328 of such title.
(b) Positions Described.--This section applies with respect to any
scientific or engineering position within a laboratory identified in
section 9902(c)(2) of title 5, United States Code, appointment to which
requires an advanced degree.
(c) Limitation.--(1) Authority under this section may not, in any
calendar year and with respect to any laboratory, be exercised with
respect to a number of positions greater than the number equal to 2
percent of the total number of positions within such laboratory that
are filled as of the close of the fiscal year last ending before the
start of such calendar year.
(2) For purposes of this subsection, positions shall be counted on
a full-time equivalent basis.
(d) Employee Defined.--As used in this section, the term
``employee'' has the meaning given such term by section 2105 of title
5, United States Code.
(e) Termination.--The authority to make appointments under this
section shall not be available after December 31, 2013.

SEC. 1110. STATUS REPORTS RELATING TO LABORATORY PERSONNEL
DEMONSTRATION PROJECTS.

Section 1107 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 357) is amended by adding at
the end the following:
``(e) Status Reports.--
``(1) In general.--Not later than 45 days after the date of
the enactment of this Act and not later than March 1 of each
year beginning after the date on which the first report under
this subsection is submitted, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report providing, with respect to
the year before the year in which such report is submitted, the
information described in paragraph (2).
``(2) Information required.--Each report under this
subsection shall describe the following:
``(A) The actions taken by the Secretary of Defense
under subsection (a) during the year covered by the
report.
``(B) The progress made by the Secretary of Defense
during such year in developing and implementing the
plan required by subsection (b), including the
anticipated date for completion of such plan and a list
and description of any issues relating to the
development or implementation of such plan.
``(C) With respect to any applications by
laboratories seeking to be designated as a
demonstration laboratory or to otherwise obtain any of
the personnel flexibilities available to a
demonstration laboratory--
``(i) the number of applications that were
received, pending, or acted on during such
year;
``(ii) the status or disposition of any
applications under clause (i), including, in
the case of any application on which a final
decision was rendered, the laboratory involved,
what the laboratory had requested, the decision
reached, and the reasons for the decision; and
``(iii) in the case of any applications
under clause (i) on which a final decision was
not rendered, the date by which a final
decision is anticipated.
``(3) Definition.--For purposes of this subsection, the
term `demonstration laboratory' means a laboratory designated
by the Secretary of Defense under the provisions of section
342(b) of the National Defense Authorization Act for Fiscal
Year 1995 (as cited in subsection (a)) as a Department of
Defense science and technology reinvention laboratory.''.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN
FRONTIER CORPS.

(a) Authority.--Subsection (a) of section 1206 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 366) is amended by striking ``during fiscal year 2008'' and
inserting ``during fiscal years 2008, 2009, and 2010''.
(b) Funding Limitation.--Subsection (c)(1) of such section is
amended by striking ``for fiscal year 2008 to provide the assistance
under subsection (a)'' and inserting ``for a fiscal year specified in
subsection (a) to provide the assistance under such subsection for such
fiscal year''.

SEC. 1202. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.

Section 168(e) of title 10, United States Code, is amended by
adding at the end the following:
``(5) Funds available under this section for fiscal year 2009 or
any subsequent fiscal year may be used for programs that begin in such
fiscal year but end in the next fiscal year.''.

SEC. 1203. ENHANCED AUTHORITY TO PAY INCREMENTAL EXPENSES FOR
PARTICIPATION OF DEVELOPING COUNTRIES IN COMBINED
EXERCISES.

Section 2010 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Funds available under this section for fiscal year 2009 or
any subsequent fiscal year may be used for programs that begin in such
fiscal year but end in the next fiscal year.''.

SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND
CROSS-SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR
PERSONNEL PROTECTION AND SURVIVABILITY.

(a) Semiannual Reports to Congressional Committees.--Subsection
(b)(3) of section 1202 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2412), as amended by section 1252 of Public Law 110-181 (122 Stat.
402), is further amended by adding at the end the following:
``(E) With respect to equipment provided to each
foreign force that is not returned to the United
States, a description of the terms of disposition of
the equipment to the foreign force.
``(F) The percentage of equipment provided to
foreign forces under the authority of this section that
is not returned to the United States.''.
(b) Expiration.--Subsection (e) of such section is amended by
striking ``September 30, 2009'' and inserting ``September 30, 2010''.

SEC. 1205. ONE-YEAR EXTENSION OF AUTHORITY FOR DISTRIBUTION TO CERTAIN
FOREIGN PERSONNEL OF EDUCATION AND TRAINING MATERIALS AND
INFORMATION TECHNOLOGY TO ENHANCE MILITARY
INTEROPERABILITY.

(a) Limitations.--Section 1207 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2419) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Limitations.--
``(1) Assistance otherwise prohibited by law.--The
Secretary of Defense may not use the authority provided in this
section to provide any type of assistance described in this
section that is otherwise prohibited by any other provision of
law.
``(2) Limitation on eligible countries.--The Secretary of
Defense may not use the authority provided in this section to
provide any type of assistance described in this section to the
personnel referred to in subsection (b) of any foreign country
that is otherwise prohibited from receiving such type of
assistance under any other provision of law.''.
(b) Annual Report.--Subsection (h)(1) of such section, as
redesignated by subsection (a)(1) of this section, is amended by
striking ``and 2008'' and inserting ``, 2008, and 2009''.
(c) Termination.--Subsection (i) of such section, as redesignated
by subsection (a)(1) of this section, is amended by striking ``2008''
and inserting ``2009''.

SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO
PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

(a) Limitations.--Subsection (c)(1) of section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3456), as amended by section 1206 of Public Law 109-364 (120
Stat. 2418), is further amended by adding at the end the following new
sentence: ``Amounts available under the authority of subsection (a) for
fiscal year 2009 or any subsequent fiscal year may be used for programs
that begin in such fiscal year but end in the next fiscal year.''.
(b) Two-Year Extension of Program Authority.--Subsection (g) of
such section is amended--
(1) in the first sentence, by striking ``2008'' and
inserting ``2010''; and
(2) in the second sentence, by striking ``2006, 2007, or
2008'' and inserting ``2009 or 2010''.

SEC. 1207. EXTENSION OF AUTHORITY FOR SECURITY AND STABILIZATION
ASSISTANCE.

Section 1207(g) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458), as amended by
section 1210 of Public Law 110-181 (122 Stat. 369), is further amended
by striking ``September 30, 2008'' and inserting ``September 30,
2010''.

SEC. 1208. AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO COMBAT
TERRORISM.

(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 127d the following new section:
``Sec. 127e. Authority for support of special operations to combat
terrorism
``(a) Authority.--The Secretary of Defense may expend up to
$35,000,000 during any fiscal year to provide support to foreign
forces, irregular forces, groups, or individuals engaged in supporting
or facilitating ongoing military operations by United States special
operations forces to combat terrorism.
``(b) Procedures.--The Secretary of Defense shall establish
procedures for the exercise of the authority under subsection (a). The
Secretary shall notify the congressional defense committees of those
procedures before any exercise of that authority.
``(c) Notification.--Upon using the authority provided in
subsection (a) to make funds available for support of an approved
military operation, the Secretary of Defense shall notify the
congressional defense committees expeditiously, and in any event within
48 hours, of the use of such authority with respect to that operation.
Such a notification need be provided only once with respect to any such
operation. Any such notification shall be in writing.
``(d) Limitation on Delegation.--The authority of the Secretary of
Defense to make funds available under subsection (a) for support of a
military operation may not be delegated.
``(e) Intelligence Activities.--This section does not constitute
authority to conduct covert action, as such term is defined in section
503(e) of the National Security Act of 1947 (50 U.S.C. 413b(e)).
``(f) Annual Report.--
``(1) Report required.--Not later than 120 days after the
close of each fiscal year, the Secretary of Defense shall
submit to the congressional defense committees a report on
support provided under subsection (a) during that fiscal year.
``(2) Matters to be included.--Each report required by
paragraph (1) shall describe the support provided, including--
``(A) the country involved in the activity, the
individual or force receiving the support, and, to the
maximum extent practicable, the specific region of each
country involved in the activity;
``(B) the respective dates and a summary of
congressional notifications for each activity;
``(C) the unified commander for each activity, as
well as the related objectives, as established by that
commander;
``(D) the total amount obligated to provide
support;
``(E) for each activity that amounts to more than
$500,000, specific budget details that explain the
overall funding level for that activity; and
``(F) a statement providing a brief assessment of
the outcome of the support, including specific
indications of how the support furthered the mission
objective of special operations forces and the type of
follow-on support, if any, that may be necessary.
``(g) Annual Limitation.--Support may be provided under subsection
(a) from funds made available for operations and maintenance.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 3 of such title is amended by inserting after the item relating
to section 127d the following new item:

``127e. Authority for support of special operations to combat
terrorism.''.
(c) Repeal.--Section 1208 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2086) is hereby repealed.

SEC. 1209. REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM.

Section 2249c(b) of title 10, United States Code, is amended in the
first sentence by striking ``$25,000,000'' and inserting
``$35,000,000''.

Subtitle B--Matters Relating to Iraq and Afghanistan

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO IRAQ.

(a) Limitation.--No funds appropriated pursuant to an authorization
of appropriations in this Act or any other Act for any fiscal year may
be obligated or expended for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources
of Iraq.
(b) Definition.--In this section, the term ``permanent stationing
of United States Armed Forces in Iraq'' means the stationing of United
States Armed Forces in Iraq on a continuing or lasting basis, as
distinguished from temporary, although the basis may be permanent even
though it may be dissolved eventually at the request either of the
United States or of the Government of Iraq, in accordance with law.

SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS BETWEEN THE UNITED
STATES AND IRAQ.

(a) Requirement for Report.--
(1) In general.--(A) Not later than 90 days after the date
of the enactment of this Act, the President shall transmit to
the appropriate congressional committees a report on each
agreement between the United States and Iraq relating to--
(i) the legal status of United States military
personnel, civilian personnel, and contractor personnel
of contracts awarded by any department or agency of the
United States Government;
(ii) the establishment of or access to military
bases;
(iii) the rules of engagement under which United
States Armed Forces operate in Iraq; and
(iv) any security commitment, arrangement, or
assurance that obligates the United States to respond
to internal or external threats against Iraq.
(B) If, on the date that is 90 days after the date of the
enactment of this Act, no agreement between the United States
and Iraq described in subparagraph (A) has been completed, the
President shall notify the appropriate congressional committees
that no such agreement has been completed, and shall transmit
to the appropriate congressional committees the report required
under subparagraph (A) as soon as practicable after such an
agreement or agreements are completed.
(2) Update of report.--The President shall transmit to the
appropriate congressional committees an update of the report
required under paragraph (1) whenever an agreement between the
United States and Iraq relating to the matters described in the
report is entered into or is substantially revised.
(b) Matters to Be Included.--The report required under subsection
(a) shall include, with respect to each agreement described in
subsection (a), the following:
(1) A discussion of limits placed on United States combat
operations by the Government of Iraq, including required
coordination, if any, before such operations can be undertaken.
(2) An assessment of the extent to which conditions placed
on United States combat operations are greater than the
conditions under which United States Armed Forces operated
prior to the signing of the agreement, and any constraints
placed on United States military personnel, civilian personnel,
and contractor personnel of contracts awarded by any department
or agency of the United States Government as a result of such
conditions.
(3) A discussion of the conditions under which United
States military personnel, civilian personnel, or contractor
personnel of contracts awarded by any department or agency of
the United States Government could be tried by an Iraqi court
for alleged crimes occurring both during the performance of
official duties and during other such times. The discussion
should include an assessment of the protections that such
personnel would be extended in an Iraqi court, if applicable.
(4) An assessment of the protections accorded by the
agreement to third country nationals who carry out work for the
United States Armed Forces.
(5) An assessment of authorities under the agreement for
United States Armed Forces and Coalition partners to apprehend,
detain, and interrogate prisoners and otherwise collect
intelligence.
(6) A description and discussion of any security
commitment, arrangement, or assurance by the United States to
respond to internal or external threats against Iraq, including
the manner in which such commitment, arrangement, or assurance
may be implemented.
(7) An assessment of any payments required under the
agreement to be paid to the Government of Iraq or other Iraqi
entities for rights, access, or support for bases and
facilities.
(8) An assessment of any payments required under the
agreement for any claims for deaths and damages caused by
United States military personnel, civilian personnel, and
contractor personnel of contracts awarded by any department or
agency of the United States Government in the performance of
their official duties.
(9) An assessment of any other provisions in the agreement
that would restrict the performance of the mission of United
States military personnel, civilian personnel, and contractor
personnel of contracts awarded by any department or agency of
the United States Government.
(10) A discussion of how the agreement or modification to
the agreement was approved by the Government of Iraq, and if
this process was consistent with the Constitution of Iraq.
(11) A description of the arrangements required under the
agreement to resolve disputes arising over matters contained in
the agreement or to consider changes to the agreement.
(12) A discussion of the extent to which the agreement
applies to other Coalition partners.
(13) A description of how the agreement can be terminated
by the United States or Iraq.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(e) Termination of Requirement.--The requirement to submit the
report and updates of the report under subsection (a) terminates on
September 30, 2013.

SEC. 1213. STRATEGY FOR UNITED STATES-LED PROVINCIAL RECONSTRUCTION
TEAMS IN IRAQ.

(a) In General.--The President shall--
(1) establish a strategy to ensure that United States-led
Provincial Reconstruction Teams (PRTs), including embedded PRTs
and Provincial Support Teams, in Iraq are supporting the
operational and strategic goals of Coalition Forces in Iraq;
and
(2) establish measures of effectiveness and performance in
meeting PRT-specific work plans with clearly defined objectives
in furtherance of the strategy required under paragraph (1).
(b) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and every 90 days thereafter through
the end of fiscal year 2010, the President shall transmit to
the appropriate congressional committees a report on the
implementation of the strategy required under subsection (a)
and an assessment of the specific contributions PRTs are making
in supporting the operational and strategic goals of Coalition
Forces in Iraq. The initial report required under this
subsection should include a description of the strategy and a
general discussion of the measures of effectiveness and
performance required under subsection (a).
(2) Inclusion in other report.--The report required under
this subsection may be included in the report required by
section 1227 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.

SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

(a) Authority for Fiscal Years 2008 and 2009.--Subsection (a) of
section 1202 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3455), as amended by section 1205
of Public Law 110-181 (122 Stat. 366), is further amended in the matter
preceding paragraph (1)--
(1) by striking ``$977,441,000'' and inserting
``$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in
fiscal year 2009,''; and
(2) by striking ``in such fiscal year''.
(b) Limitation on Amounts for Iraq for Fiscal Year 2009.--Such
section is further amended by adding at the end the following:
``(f) Limitation on Amounts for Iraq for Fiscal Year 2009.--
``(1) Limitation.--The amount obligated and expended under
this section for the Commanders' Emergency Response Program in
Iraq for fiscal year 2009 may not exceed twice the amount
obligated by the Government of Iraq during calendar year 2008
under the Government of Iraq Commanders' Emergency Response
Program (commonly known as `I-CERP'), as established pursuant
to the Memorandum of Understanding Between the Supreme
Reconstruction Council of the Secretariat of Ministers and the
Multi-National Force-Iraq Concerning Implementation of the
Government of Iraq Commanders' Emergency Response Program (I-
CERP), signed by the parties on March 25, 2008, and April 3,
2008, respectively.
``(2) Waiver.--The Secretary of Defense may waive the
limitation under paragraph (1) if the Secretary of Defense--
``(A) determines that such a waiver is required to
meet urgent and compelling needs that would not
otherwise be met and which, if unmet, could rationally
be expected to lead to increased threats to United
States military or civilian personnel; and
``(B) submits in writing to the appropriate
congressional committees a notification of the waiver,
together with a discussion of--
``(i) the unmet urgent and compelling needs
and the impact on the threat level facing
United States military or civilian personnel,
if the waiver is not exercised;
``(ii) efforts undertaken by the Department
of Defense to convince the Government of Iraq
to provide funds to meet the urgent and
compelling needs and the reason these efforts
were unsuccessful; and
``(iii) efforts of the Department of
Defense to convince the Government of Iraq to
provide additional funds in the future to meet
such urgent and compelling needs or to
undertake other measures to meet such needs on
their own.
``(3) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committees on Armed Services of the House
of Representatives and the Senate; and
``(B) the Committees on Appropriations of the House
of Representatives and the Senate.''.

SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED STATES-LED
PROVINCIAL RECONSTRUCTION TEAMS IN AFGHANISTAN.

(a) In General.--The President, acting through the Secretary of
Defense and the Secretary of State, shall develop and implement a
system to monitor the performance of United States-led Provincial
Reconstruction Teams (PRTs) in Afghanistan.
(b) Elements of Performance Monitoring System.--The performance
monitoring system required under subsection (a)--
(1) shall include PRT-specific work plans that incorporate
the long-term strategy, mission, and clearly defined objectives
required by section 1230(c)(3) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 386); and
(2) shall include comprehensive performance indicators and
measures of progress toward sustainable long-term security and
stability in Afghanistan, and include performance standards and
progress goals together with a notional timetable for achieving
such goals, consistent with the requirements of section 1230(d)
of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 388).
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the President shall submit to the appropriate
congressional committees a report on the implementation of the
performance monitoring system required under subsection (a).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.

SEC. 1216. REPORT ON COMMAND AND CONTROL STRUCTURE FOR MILITARY FORCES
OPERATING IN AFGHANISTAN.

(a) Sense of Congress.--It is the sense of Congress that the
command and control structure for military forces operating in
Afghanistan, which consist of North Atlantic Treaty Organization (NATO)
International Security Assistance Force (ISAF) forces and separate
United States forces operating under Operation Enduring Freedom, should
be modified to better coordinate and de-conflict military operations
and achieve unity of command and unity of effort whenever possible in
Afghanistan.
(b) Report Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, or December 1, 2008, whichever
occurs later, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the command
and control structure for military forces operating in
Afghanistan.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) A detailed description of efforts by the
Secretary of Defense, in coordination with senior
leaders of NATO ISAF forces, including the commander of
NATO ISAF forces, to modify the chain of command
structure for military forces operating in Afghanistan
to better coordinate and de-conflict military
operations and achieve unity of command whenever
possible in Afghanistan, and the results of such
efforts.
(B) A comprehensive assessment of options for
improving the command and control structure for
military forces operating in Afghanistan, including--
(i) the establishment by the United States
Central Command of a United States headquarters
in Kabul, Afghanistan, led by a commander
holding the grade of lieutenant general, or in
the case of the Navy, vice admiral, and charged
with--
(I) leading United States Armed
Forces operating under Operation
Enduring Freedom;
(II) leading country-wide
Department of Defense-led initiatives;
and
(III) closely coordinating efforts
with NATO ISAF forces, the United
States Embassy in Afghanistan, and
other United States and international
elements in Afghanistan; and
(ii) authorization for the highest-ranking
United States commander of NATO ISAF forces to
have additional command authority over separate
United States forces operating under Operation
Enduring Freedom.
(C) A detailed description of any United States or
NATO ISAF plan or strategy for improving the command
and control structure for military forces operating in
Afghanistan.
(D) A description of how rules of engagement are
determined and managed for United States forces
operating under NATO ISAF or Operation Enduring
Freedom, and a description of any key differences
between rules of engagement for NATO ISAF forces and
separate United States forces operating under Operation
Enduring Freedom.
(E) An assessment of how possible modifications to
the command and control structure for military forces
operating in Afghanistan would impact coordination of
military and civilian efforts in Afghanistan.
(3) Form.--The report required under paragraph (1) shall be
submitted in an unclassified form, but may include a classified
annex, if necessary.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.

SEC. 1217. REPORT ON ENHANCING SECURITY AND STABILITY IN THE REGION
ALONG THE BORDER OF AFGHANISTAN AND PAKISTAN.

(a) Report Required.--Subsection (a) of section 1232 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 392) is amended by striking paragraph (5).
(b) Notification Relating to Department of Defense Coalition
Support Funds for Pakistan.--Subsection (b)(1)(A) of such section is
amended by striking ``congressional defense committees'' and inserting
``appropriate congressional committees''.
(c) Appropriate Congressional Committees Defined.--Such section is
further amended by adding at the end the following:
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
``(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.''.

SEC. 1218. STUDY AND REPORT ON IRAQI POLICE TRAINING TEAMS.

(a) Study.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense, in consultation with the
Secretary of State and the Government of Iraq, shall conduct a study
and submit to the appropriate congressional committees a report
containing the recommendations of the Secretary of Defense on--
(1) the number of advisors needed to sufficiently staff
enough Iraqi police training teams to cover a majority of the
approximately 1,100 Iraqi police stations in fiscal year 2009
and estimated levels in fiscal year 2010;
(2) the funding required to staff the Iraqi police training
teams in fiscal year 2009 and estimated levels in fiscal year
2010; and
(3) the feasibility of transferring responsibility for the
program to staff and support the Iraqi police training teams
from the Department of Defense to the Department of State.
(b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.

SEC. 1219. DECLARATION OF POLICY RELATING TO STATUS OF FORCES
AGREEMENTS BETWEEN THE UNITED STATES AND IRAQ.

(a) Declaration of Policy.--It shall be the policy of the United
States to ensure that any agreement between the United States and the
Republic of Iraq relating to the legal status of United States military
personnel or the establishment of or access to military bases includes
as part of the agreement measures requiring the provision of support by
the Government of Iraq for United States Armed Forces stationed in
Iraq.
(b) Support Described.--Support referred to in subsection (a) may
include the provision of financial or other types of support to assist
United States Armed Forces stationed in Iraq in the conduct of their
assigned mission.

SEC. 1220. LIMITATION ON CERTAIN STATUS OF FORCES AGREEMENTS BETWEEN
THE UNITED STATES AND IRAQ.

No provision of any agreement between the United States and Iraq
described in section 1212 (a)(1)(A)(iv) shall be in force with respect
to the United States unless the agreement--
(1) is in the form of a treaty requiring the advice and
consent of the Senate (or is intended to take that form in the
case of an agreement under negotiation); or
(2) is specifically authorized by an Act of Congress
enacted after the date of the enactment of this Act.

SEC. 1221. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND
OPERATION ENDURING FREEDOM.

(a) Findings.--Congress finds the following:
(1) The United States has been engaged in military
operations in Afghanistan since October 2001 and in military
operations in Iraq since March 2003.
(2) According to the Congressional Research Service, to
date, Congress has appropriated $700,000,000,000 from fiscal
year 2001 through fiscal year 2008 for the Department of
Defense, the State Department, and for medical costs paid by
the Department of Veterans Affairs. This amount includes
$526,000,000,000 for Iraq and $140,000,000,000 for Afghanistan
and other counterterror operations. Among other expenditures,
this amount includes funding for combat operations; deploying,
transporting, feeding, and housing troops; deployment of
National Guard and Reserve troops; the equipping and training
of Iraqi and Afghani forces; purchasing, upgrading, and
repairing weapons, munitions and other equipment; supplemental
combat pay and benefits; providing medical care to troops on
active duty and returning veterans; reconstruction and foreign
aid; and payments to other countries for logistical assistance.
(3) Over 90 percent of Department of Defense funds for
operations in Iraq and Afghanistan have been provided as
emergency funds in supplemental or additional appropriations.
(4) The Congressional Budget Office and the Congressional
Research Service have stated that future war costs are
difficult to estimate because the Department of Defense has
provided little detailed information on costs incurred to date,
does not report outlays or actual expenditures for war because
war and baseline funds are mixed in the same accounts, and does
not provide information on many key factors which determine
costs, including personnel levels or the pace of operations.
(5) To date, the administration has not provided any long-
term estimates of war costs, despite a statutory reporting
requirement that the President submit a cost estimate for
fiscal year 2006 through fiscal year 2011 that was enacted in
2004.
(6) Operating costs in Iraq and Afghanistan have been
increasing steadily since 2003, and war costs in Iraq have
sharply increased from $50,000,000,000 in 2003 to approximately
$134,000,000,000 for fiscal year 2007, to the $154,000,000,000
request for fiscal year 2008.
(7) The Iraq Study Group Report states that, ``the United
States has made a massive commitment to the future of Iraq in
both blood and treasure,'' warns that ``the United States must
expect significant `tail costs' to come'', and predicts that
``Caring for veterans and replacing lost equipment will run
into the hundreds of billions of dollars. Estimates run as high
as $2 trillion for the final cost of the U.S. involvement in
Iraq''.
(8) The Iraq Study Group Report also finds that ``This
level of expense is not sustainable over an extended
period...''.
(9) The use of government contractors and private military
firms has reached unprecedented levels, with over 100,000
contractors operating in Iraq.
(10) Over 1,600,000 American troops have served in
Afghanistan and Iraq since the beginning of the conflicts.
(11) Over 4,050 United States troops and Department of
Defense civilian personnel have been killed in Operation Iraqi
Freedom, and over 490 United States troops and Department of
Defense civilian personnel have been killed in Operation
Enduring Freedom.
(12) National Guard and Reserve troops are being deployed
in support of these conflicts at unprecedented levels.
(13) Many troops are serving multiple deployments, and one-
third of those serving in the Iraq war have been deployed two
or more times.
(14) Over 1,100 service members have suffered amputations
as a result of their service in Afghanistan and Iraq.
(15) More than 100,000 Iraq and Afghanistan veterans have
been treated for mental health conditions.
(16) 52,000 Iraq and Afghanistan veterans have been
diagnosed with Post-Traumatic Stress Disorder.
(17) Nearly 37 percent of soldiers returning from Iraq and
Afghanistan have sought treatment at Department of Veterans
Affairs hospitals and clinics.
(18) Many troops have suffered multiple injuries, with
veterans claiming an average of five separate conditions.
(19) The Independent Review Group on Rehabilitative Care
and Administrative Processes at Walter Reed Army Medical Center
and National Naval Medical Center identified Traumatic Brain
Injury, Post-Traumatic Stress Disorder, increased survival of
severe burns, and traumatic amputations as the four signature
wounds of the current conflicts, and found that the ``numbers
of servicemembers surviving with...complex injuries have
challenged our modern military medical system and exposed
weakness and breakdowns in access to care, as well as
continuity of care management and follow-on administrative
processes''.
(20) The Independent Review Group report also states that
the recovery process ``can take months or years and must
accommodate recurring or delayed manifestations of symptoms,
extended rehabilitation and all the life complications that
emerge over time from such trauma''.
(b) Report Requirement; Scenarios.--Not later than 90 days after
the date of the enactment of this Act, the President, with
contributions from the Secretary of Defense, the Secretary of State,
and the Secretary of the Department of Veterans Affairs, shall submit a
report to Congress containing an estimate of the long-term costs of
Operation Iraqi Freedom and Operation Enduring Freedom. The report
shall contain estimates for the following scenarios:
(1) The number of personnel deployed in support of
Operation Iraqi Freedom and Operation Enduring Freedom is
reduced from current levels to 30,000 by the beginning of
fiscal year 2010 and remains at that level through fiscal year
2017.
(2) The number of personnel deployed in support of
Operation Iraqi Freedom and Operation Enduring Freedom is
reduced from current levels to 75,000 by the beginning of
fiscal year 2013 and remains at that level through 2017.
(3) An alternative scenario, defined by the President and
based on current war plans, which takes into account expected
troop levels and the expected length of time that troops will
be deployed in support of Operation Iraqi Freedom and Operation
Enduring Freedom.
(c) Special Considerations.--The estimates required for each
scenario shall make projections through at least fiscal year 2068,
shall be adjusted appropriately for inflation, and shall take into
account and specify the following:
(1) The total number of troops expected to be activated and
deployed to Iraq and Afghanistan during the course of Operation
Iraqi Freedom and Operation Enduring Freedom. This number shall
include all troops deployed in the region in support of
Operation Iraqi Freedom and Operation Enduring Freedom and
activated reservists in the United States who are training,
backfilling for deployed troops, or supporting other Department
of Defense missions directly or indirectly related to Operation
Iraqi Freedom and Operation Enduring Freedom. This number shall
also break down activations and deployments of Active Duty,
Reservists, and National Guard troops.
(2) The number of troops, including National Guard and
Reserve troops, who have served and who are expected to serve
multiple deployments.
(3) The number of contractors and private military security
firms that have been utilized and are expected to be utilized
during the course of the conflicts in Iraq and Afghanistan.
(4) The number of veterans currently suffering and expected
to suffer from Post-Traumatic Stress Disorder, Traumatic Brain
Injury, or other mental injuries.
(5) The number of veterans currently in need of and
expected to be in need of prosthetic care and treatment because
of amputations incurred during Operation Iraqi Freedom and
Operation Enduring Freedom.
(6) The current number of pending Department of Veterans
Affairs claims from Iraq and Afghanistan veterans, and the
total number of Iraq and Afghanistan veterans expected to seek
disability compensation benefits from the Department of
Veterans Affairs.
(7) The total number of troops who have been killed and
wounded in Iraq and Afghanistan to date, including noncombat
casualties, the total number of troops expected to suffer
injuries in Iraq and Afghanistan, and the total number of
troops expected to be killed in Iraq and Afghanistan, including
noncombat casualties.
(8) Funding already appropriated for the Department of
Defense, the Department of State, and the Department of
Veterans Affairs for costs related to the wars in Iraq and
Afghanistan. This shall include an account of the amount of
funding from regular Department of Defense, Department of
State, and Department of Veterans Affairs budgets that has gone
and will go to Iraq and Afghanistan.
(9) Current and future operational expenditures, including
funding for combat operations; deploying, transporting,
feeding, and housing troops (including fuel costs); deployment
of National Guard and Reserve troops; the equipping and
training of Iraqi and Afghani forces; purchasing, upgrading,
and repairing weapons, munitions and other equipment; and
payments to other countries for logistical assistance.
(10) Past, current, and future cost of government
contractors and private military security firms.
(11) Average annual cost for each troop deployed in support
of Operation Iraqi Freedom and Operation Enduring Freedom,
including room and board, equipment and body armor,
transportation of troops and equipment (including fuel costs),
and operational costs.
(12) Current and future cost of combat-related special pays
and benefits, including reenlistment bonuses.
(13) Current and future cost of activating National Guard
and Reserve forces and paying them on a full-time basis.
(14) Current and future cost for reconstruction, embassy
operations and construction, and foreign aid programs for Iraq
and Afghanistan.
(15) Current and future cost of bases and other
infrastructure to support United States troops in Iraq and
Afghanistan.
(16) Current and future cost of providing healthcare for
returning veterans. This estimate shall include the cost of
mental health treatment for veterans suffering from Post-
Traumatic Stress Disorder and Traumatic Brain Injury, and other
mental problems as a result of their service in Operation Iraqi
Freedom and Operation Enduring Freedom. This estimate shall
also include the cost of lifetime prosthetics care and
treatment for veterans suffering from amputations as a result
of their service in Operation Iraqi Freedom and Operation
Enduring Freedom.
(17) Current and future cost of providing Department of
Veterans Affairs disability benefits for lifetime of veterans.
(18) Current and future cost of providing survivors'
benefits to survivors of service members.
(19) Cost of bringing troops and equipment home at the end
of the wars, including cost of demobilizing troops,
transporting troops home (including fuel costs), providing
transition services from active duty to veteran status,
transporting equipment, weapons, and munitions (including fuel
costs), and an estimate of the value of equipment which will be
left behind.
(20) Cost to restore the military and military equipment,
including the National Guard and National Guard equipment, to
full strength after the wars.
(21) Cost of the administration's plan to permanently
increase the Army and Marine Corps by 92,000 over the next six
years.
(22) Amount of money borrowed to pay for the wars in Iraq
and Afghanistan, and the sources of that money.
(23) Interest on borrowed money, including interest for
money already borrowed and anticipated interest payments on
future borrowing for the war in Iraq and the war in
Afghanistan.

Subtitle C--Other Matters

SEC. 1221. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL COOPERATION
PROGRAMS.

(a) In General.--Section 1051 of title 10, United States Code, is
amended--
(1) in the heading, by striking ``Bilateral or regional''
and inserting ``Bilateral, multilateral, or regional'';
(2) in subsection (a), by striking ``bilateral or
regional'' and inserting ``bilateral, multilateral, or
regional'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``to and within'' and
inserting ``to, from, and within''; and
(ii) by striking ``bilateral or regional''
and inserting ``bilateral, multilateral, or
regional''; and
(B) in paragraph (2), by striking ``bilateral or
regional'' and inserting ``bilateral, multilateral, or
regional''; and
(4) by adding at the end the following:
``(e) Funds available under this section for fiscal year 2009 and
subsequent fiscal years may be used for programs that begin in such
fiscal year but end in the next fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of such title is amended by striking the item relating to
section 1051 and inserting the following:

``1051. Bilateral, multilateral, or regional cooperation programs:
payment of personnel expenses.''.

SEC. 1222. EXTENSION OF DEPARTMENT OF DEFENSE AUTHORITY TO PARTICIPATE
IN MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.

(a) Extension of Authority.--Subsection (a) of section 1205 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2416), as amended by section 1204 of
Public Law 110-181 (122 Stat. 365), is further amended by striking
``fiscal years 2007 and 2008'' and inserting ``fiscal years 2007, 2008,
and 2009''.
(b) Limitation on Amounts Available for Participation.--Subsection
(e)(2) of such section is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) in fiscal year 2009, $5,000,000.''.
(c) Reports.--Subsection (g)(1) of such section is amended--
(1) by striking ``and October 31, 2008,'' and inserting
``October 31, 2008, and October 31, 2009,''; and
(2) by striking ``fiscal years 2007 and 2008'' and
inserting ``fiscal years 2007, 2008, and 2009''.

SEC. 1223. STUDY OF LIMITATION ON CLASSIFIED CONTRACTS WITH FOREIGN
COMPANIES ENGAGED IN SPACE BUSINESS WITH CHINA.

(a) Limitation.--
(1) In general.--Subject to subsection (b), no funds
appropriated pursuant to an authorization of appropriations in
this Act or otherwise made available for the Department of
Defense for fiscal year 2009 or any fiscal year thereafter may
be obligated or expended under one or more contracts for
classified work between the Department of Defense and a
foreign-owned company if that company, or any parent, sister,
subsidiary, or affiliate of that company, is engaged with China
in the development, manufacture, or launch of ITAR-free
satellites.
(2) Exception.--Paragraph (1) does not apply to a foreign-
owned company if the Secretary of Defense, in consultation with
the Secretary of State, submits to Congress a certification
that--
(A) no satellite or space launch vehicle
technology, technical information, or intellectual
property gained by the foreign-owned company through
the contracts for classified work referred to in
paragraph (1) is being disclosed (intentionally or
unintentionally) in a manner that may improve China's
satellite, rocket, or missile capabilities; and
(B) it is in the national security interests of the
Department to continue to enter into contracts for
classified work with the foreign-owned company.
(b) Study and Suspension of Limitation.--
(1) Study.--The Secretary of Defense shall conduct a study
of the implications of imposing a limitation such as the
limitation in subsection (a) and shall provide the study to the
congressional defense committees not later than 60 days after
the date of the enactment of this Act.
(2) Suspension of limitation.--The Secretary shall suspend
the application of the limitation in subsection (a) until--
(A) the Secretary has completed the study required
by paragraph (1);
(B) the Secretary has determined, as a result of
the study, that applying the limitation in subsection
(a) promotes the national interest; and
(C) the Secretary has submitted to the Committees
on Armed Services of the Senate and House of
Representatives a report on the results of the study,
including the rationale for the determination described
in subparagraph (B).
(c) Definitions.--In this section:
(1) The term ``ITAR-free satellite'' applies to a satellite
if no component of the satellite and no technical information
relating to the satellite is subject to export controls
specified in the International Traffic in Arms Regulations.
(2) The term ``International Traffic in Arms Regulations''
means those regulations contained in parts 120 through 130 of
title 22, Code of Federal Regulations (or successor
regulations).

SEC. 1224. REQUIREMENT TO UPDATE NATIONAL INTELLIGENCE ESTIMATE ON
IRAN'S NUCLEAR INTENTIONS AND CAPABILITIES.

(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Director of
National Intelligence shall submit to Congress an update of the
National Intelligence Estimate, entitled ``Iran: Nuclear Intentions and
Capabilities'' and dated November 2007. Such update may be submitted in
classified form.
(b) Elements to Be Considered.--Each update submitted under
subsection (a) shall include the following:
(1) The locations, types, and number of centrifuges and
other specialized equipment necessary for the enrichment of
nuclear material and any plans to develop and operate such
equipment in the future.
(2) An estimate of the amount, if any, of enriched to
weapons-grade uranium materials acquired or produced to date
and plutonium acquired or produced and reprocessed into
weapons-grade material to date, an estimate of the amount of
plutonium that is likely to be produced and reprocessed into
weapons-grade material in the near- and midterms and the amount
of uranium that is likely to be enriched to weapons-grade
levels in the near- and midterms, and the number of nuclear
weapons that could be produced with each category of materials.
(3) A description of the security and safeguards at any
nuclear site that could prevent, slow, verify or monitor the
enrichment of uranium or the reprocessing of plutonium into
weapons-grade materials.
(4) A description of the weaponization activities, such as
the research, design, development, or testing of nuclear
weapons or weapons-related components.
(5) A description of programs to construct, acquire, test,
or improve methods to deliver nuclear weapons, including an
assessment of the likely progress of such programs in the near-
and mid-terms.
(6) A summary of assessments made by other allies of the
United States of Iran's nuclear weapons program and nuclear-
capable delivery systems programs.
(c) Notification.--The President shall notify Congress, in writing,
within 15 days of determining that--
(1) the Islamic Republic of Iran has met or surpassed any
major milestone in its nuclear weapons program; or
(2) Iran has undertaken to accelerate, decelerate, or cease
the development of any significant element within its nuclear
weapons program.

SEC. 1225. EMPLOYMENT FOR RESETTLED IRAQIS.

(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly establish and operate a temporary program to offer
employment as translators, interpreters, or cultural awareness
instructors to individuals described in subsection (b).
(b) Eligibility.--Individuals referred to in subsection (a) are
individuals, in the determination of the Secretary of State, in
coordination with the Secretary of Defense and the Secretary of
Homeland Security, who--
(1) are Iraqi nationals lawfully present in the United
States; and
(2) worked, for at least 12 months since 2003, as
translators in the Republic of Iraq for the United States Armed
Forces or other agency of the United States Government.
(c) Funding.--
(1) In general.--Except as provided in paragraph (2), the
program established under subsection (a) shall be funded from
the annual general operating budget of the Department of
Defense.
(2) Exception.--The Secretary of State shall reimburse the
Department of Defense for any costs associated with individuals
described in subsection (b) whose work was for the Department
of State.
(d) Rule of Construction Regarding Access to Classified
Information.--Nothing in this section may be construed as affecting in
any manner practices and procedures regarding the handling of or access
to classified information.
(e) Information Sharing.--The Secretary of Defense and the
Secretary of State shall work with the Secretary of Homeland Security,
the Office of Refugee Resettlement of the Department of Health and
Human Services, and nongovernmental organizations to ensure that Iraqis
resettled in the United States are informed of the program established
under subsection (a).
(f) Regulations.--The Secretary of Defense, in coordination with
the Secretary of State, shall prescribe such regulations as are
necessary to carry out the program established under subsection (a),
including establishing pay scales and hiring procedures, and
determining the number of positions required to be filled.
(g) Termination.--
(1) In general.--Except as provided in paragraph (2), the
program established under subsection (a) shall terminate on
December 31, 2014.
(2) Earlier termination.--If the Secretary of Defense, in
coordination with the Secretary of State, determines that the
program established under subsection (a) should terminate
before the date specified in paragraph (1), the Secretaries may
terminate the program if the Secretaries notify Congress in
writing of such termination at least 180 days before such
termination.

TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.

(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501 of
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C.
2362 note), as amended by section 1303 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
412).
(b) Fiscal Year 2009 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2009 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for fiscal years
2009, 2010, and 2011.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $445,135,000 authorized
to be appropriated to the Department of Defense for fiscal year 2009 in
section 301(19) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$79,985,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,400,000.
(3) For nuclear weapons storage security in Russia,
$24,101,000.
(4) For nuclear weapons transportation security in Russia,
$40,800,000.
(5) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$70,286,000.
(6) For biological threat reduction in the former Soviet
Union, $184,463,000.
(7) For chemical weapons destruction, $1,000,000.
(8) For defense and military contacts, $8,000,000.
(9) For new Cooperative Threat Reduction initiatives,
$10,000,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $20,100,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2009 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (9) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2009 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2009 for a purpose listed
in paragraphs (1) through (9) of subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (9) of subsection (a)
in excess of the specific amount authorized for such purpose
may be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to previously authorized disposals from the
National Defense Stockpile.
Subtitle C--Armed Forces Retirement Home

Sec. 1421. Armed Forces Retirement Home.
Subtitle D--Inapplicability of Executive Order No. 13457

Sec. 1431. Inapplicability of Executive Order No. 13457.

Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2009
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, $198,150,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,291,084,000.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for fiscal year 2009
for the National Defense Sealift Fund in the amount of $1,401,553,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2009
for expenses, not otherwise provided for, for the Defense Health
Program, in the amount of $24,746,172,000, of which--
(1) $24,259,029,000 is for Operation and Maintenance;
(2) $198,738,000 is for Research, Development, Test, and
Evaluation; and
(3) $288,405,000 is for Procurement.
(b) Transfer From National Defense Stockpile Transaction Fund to
Support Defense Health Program.--Of the total amount specified in
subsection (a), up to $1,300,000,000 shall be derived, to the extent
specifically provided in advance in an appropriations Act for fiscal
year 2009, by transfer from the unobligated balances of the National
Defense Stockpile Transaction Fund.

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2009
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, in the amount of $1,485,634,000, of
which--
(1) $1,152,668,000 is for Operation and Maintenance;
(2) $268,881,000 is for Research, Development, Test, and
Evaluation; and
(3) $64,085,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) 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
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2009 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
in the amount of $1,060,463,000.

SEC. 1406. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2009 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, in the amount of $273,845,000, of which--
(1) $270,445,000 is for Operation and Maintenance; and
(2) $3,400,000 is for Procurement.

Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

(a) Obligation of Stockpile Funds.--During fiscal year 2009, the
National Defense Stockpile Manager may obligate up to $41,153,000 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section, including
the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.

SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM THE
NATIONAL DEFENSE STOCKPILE.

(a) Fiscal Year 1999 Disposal Authority.--Section 3303(a)(7) of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 50 U.S.C. 98d note), as most recently amended by
section 1412(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 418), is further amended by
striking ``$1,066,000,000 by the end of fiscal year 2015'' and
inserting ``$1,476,000,000 by the end of fiscal year 2016''.
(b) Fiscal Year 1998 Disposal Authority.--Section 3305(a)(5) of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 50 U.S.C. 98d note), as most recently amended by section
3302(b) of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2513), is further
amended by striking ``2008'' and inserting ``2009''.

Subtitle C--Armed Forces Retirement Home

SEC. 1421. ARMED FORCES RETIREMENT HOME.

There is authorized to be appropriated for fiscal year 2009 from
the Armed Forces Retirement Home Trust Fund the sum of $63,010,000 for
the operation of the Armed Forces Retirement Home.

Subtitle D--Inapplicability of Executive Order No. 13457

SEC. 1431. INAPPLICABILITY OF EXECUTIVE ORDER NO. 13457.

Executive Order No. 13457, and any successor to that Executive
order, shall not apply to this Act or to the Joint Explanatory
Statement submitted by the Committee of Conference for the conference
report to accompany this Act or to H. Rept. ___ or S. Rept. ___.

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

SEC. 1501. PURPOSE.

The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2009 to provide additional funds
for Operation Iraqi Freedom and Operation Enduring Freedom.

SEC. 1502. ARMY PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2009
for procurement accounts of the Army in amounts as follows:
(1) For aircraft procurement, $84,000,000.
(2) For weapons and tracked combat vehicles procurement,
$822,674,000.
(3) For ammunition procurement, $46,500,000.
(4) For other procurement, $1,255,050,000.

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2009 for other procurement for the Navy in the amount of
$476,248,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2009 for the procurement account for the Marine Corps
in the amount of $565,425,000.

SEC. 1504. AIR FORCE PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2009
for procurement accounts for the Air Force in amounts as follows:
(1) For aircraft procurement, $4,624,842,000.
(2) For other procurement, $1,500,644,000.

SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2009
for the procurement account for Defense-wide in the amount of
$177,237,000.

SEC. 1506. RAPID ACQUISITION FUND.

Funds are hereby authorized to be appropriated for fiscal year
2009 for Rapid Acquisition Fund in the amount of $102,000,000.

SEC. 1507. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) Authorization of Appropriations.--Funds are hereby authorized
for fiscal year 2009 for the Joint Improvised Explosive Device Defeat
Fund in the amount of $2,496,300,000.
(b) Use and Transfer of Funds.--Subsections (b) and (c) of section
1514 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2439) shall apply to the funds
appropriated pursuant to the authorization of appropriations in
subsection (a).
(c) Revision of Management Plan.--The Secretary of Defense shall
revise the management plan required by section 1514(d) of the John
Warner National Defense Authorization Act for Fiscal Year 2007 to
identify projected transfers and obligations through September 30,
2009.
(d) Funds for Additional ARMS Platforms.--Of the funds appropriated
pursuant to the authorization of appropriations in subsection (a),
$50,000,000 shall be made available for the rapid fielding of
additional Aerial Reconnaissance Multi-Sensor (ARMS) platforms for
tactical operations in Operation Iraqi Freedom and Operation Enduring
Freedom.

SEC. 1508. LIMITATION ON OBLIGATION OF FUNDS FOR THE JOINT IMPROVISED
EXPLOSIVE DEVICES DEFEAT ORGANIZATION PENDING
NOTIFICATION TO CONGRESS.

(a) Limitation.--Of the amounts appropriated pursuant to each of
the authorizations of appropriations described in subsection (b) for
research, development, test, and evaluation for the Joint Improvised
Explosive Devices Defeat Organization (in this section referred to as
``JIEDDO''), not more than 50 percent of the amounts remaining
unobligated as of the date of the enactment of this Act may be
obligated until JIEDDO submits to the congressional defense committees
a report describing the investment strategy of JIEDDO for science and
technology.
(b) Covered Authorizations of Appropriations.--
(1) Scope of limitation.--The limitation contained in
subsection (a) applies with respect to amounts appropriated
pursuant to the authorizations of appropriations specified in
paragraph (2) for all science and technology efforts within the
account for research, development, test, and evaluation for
JIEDDO applied to efforts of Technology Readiness Level 5 or
lower.
(2) Authorizations.--Paragraph (1) applies to--
(A) the authorization of appropriations in section
1507 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 425);
and
(B) the authorization of appropriations in section
1508 of this Act.

SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

SEC. 1510. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $37,363,243,000.
(2) For the Navy, $3,500,000,000
(3) For the Marine Corps, $2,900,000,000.
(4) For the Air Force, $5,000,000,000.
(5) For Defense-wide activities, $2,648,569,000.
(6) For the Army Reserve, $79,291,000.
(7) For the Navy Reserve, $42,490,000.
(8) For the Marine Corps Reserve, $47,076,000.
(9) For the Air Force Reserve, $12,376,000.
(10) For the Army National Guard, $333,540,000.
(11) For the Air National Guard, $52,667,000.

SEC. 1511. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2009 for
expenses, not otherwise provided for, for the Defense Health Program in
the amount of $1,100,000,000 for operation and maintenance.
(b) Drug Interdiction and Counter-Drug Activities, Defense-Wide.--
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2009 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide in the
amount of $188,000,000.

SEC. 1512. IRAQ SECURITY FORCES FUND.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2009 for the Iraq Security Forces
Fund in the amount of $1,000,000,000.
(b) Use of Funds.--
(1) In general.--Funds appropriated pursuant to subsection
(a) shall be available to the Secretary of Defense for the
purpose of allowing the Commander, Multi-National Security
Transition Command-Iraq, to provide assistance to the security
forces of Iraq.
(2) Types of assistance authorized.--Assistance provided
under this section may include the provision of equipment,
supplies, services, training, facility and infrastructure
repair, and funding.
(3) Secretary of state concurrence.--Assistance may be
provided under this section only with the concurrence of the
Secretary of State.
(c) Authority in Addition to Other Authorities.--The authority to
provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may be
transferred from the Iraq Security Forces Fund to any of the
following accounts and funds of the Department of Defense to
accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation
accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid
account.
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to any other transfer authority
available to the Department of Defense.
(3) Transfers back to the fund.--Upon determination that
all or part of the funds transferred from the Iraq Security
Forces Fund under paragraph (1) are not necessary for the
purpose provided, such funds may be transferred back to the
Iraq Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1) shall
be deemed to increase the amount authorized for such account by
an amount equal to the amount transferred.
(e) Prior Notice of Obligation or Transfer of Funds.--Funds may not
be obligated from the Iraq Security Forces Fund, or transferred under
the authority provided in subsection (d)(1), until five days after the
date on which the Secretary of Defense notifies the congressional
defense committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of Representatives,
in writing, of the details of the proposed obligation or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
contributions of amounts to the Iraq Security Forces Fund for
the purposes provided in subsection (b) from any person,
foreign government, or international organization. Any amounts
so accepted shall be credited to the Iraq Security Forces Fund.
(2) Limitation.--The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the
integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (b),
including transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the
congressional committees referred to in subsection (e), in
writing, upon the acceptance, and upon the transfer under
subsection (d), of any contribution under this subsection. Such
notice shall specify the source and amount of any amount so
accepted and the use of any amount so accepted.
(g) Prohibition Related to Facilities.--
(1) Prohibition.--Funds may not be obligated from the Iraq
Security Forces Fund, or transferred under the authority
provided in subsection (d)(1), for the acquisition, conversion,
rehabilitation, or installation of facilities.
(2) Exceptions.--Nothing in this section shall be construed
as to forbid--
(A) the provision of technical assistance necessary
to assist the Government of Iraq to carry out the
acquisition, conversion, rehabilitation, or
installation of facilities on its own behalf; or
(B) the acquisition, conversion, rehabilitation, or
installation of facilities utilizing amounts
contributed to the Iraq Security Forces Fund under
subsection (f) by the Government of Iraq or another
foreign country.
(h) Quarterly Reports.--Not later than 30 days after the end of
each fiscal-year quarter, the Secretary of Defense shall submit to the
congressional committees referred to in subsection (e) a report
summarizing the details of any obligation or transfer of funds from the
Iraq Security Forces Fund during such fiscal-year quarter.
(i) Duration of Authority.--Amounts authorized to be appropriated
or contributed to the Iraq Security Forces Fund during fiscal year 2009
are available for obligation or transfer from the Iraq Security Forces
Fund in accordance with this section until September 30, 2010.

SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2009 for the Afghanistan Security
Forces Fund in the amount of $2,000,000,000.
(b) Use of Funds.--
(1) In general.--Funds authorized to be appropriated by
subsection (a) shall be available to the Secretary of Defense
to provide assistance to the security forces of Afghanistan.
(2) Types of assistance authorized.--Assistance provided
under this section may include the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, construction, and funds.
(3) Secretary of state concurrence.--Assistance may be
provided under this section only with the concurrence of the
Secretary of State.
(c) Authority in Addition to Other Authorities.--The authority to
provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may be
transferred from the Afghanistan Security Forces Fund to any of
the following accounts and funds of the Department of Defense
to accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation
accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid.
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to any other transfer authority
available to the Department of Defense.
(3) Transfers back to fund.--Upon a determination that all
or part of the funds transferred from the Afghanistan Security
Forces Fund under paragraph (1) are not necessary for the
purpose for which transferred, such funds may be transferred
back to the Afghanistan Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1) shall
be deemed to increase the amount authorized for such account by
an amount equal to the amount transferred.
(e) Prior Notice of Obligation or Transfer of Funds.--Funds may not
be obligated from the Afghanistan Security Forces Fund, or transferred
under the authority provided in subsection (d)(1), until five days
after the date on which the Secretary of Defense notifies the
congressional defense committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives, in writing, of the details of the proposed obligation
or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
contributions of amounts to the Afghanistan Security Forces
Fund for the purposes provided in subsection (b) from any
person, foreign government, or international organization. Any
amounts so accepted shall be credited to the Afghanistan
Security Forces Fund.
(2) Limitation.--The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the
integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (b),
including transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the
congressional committees referred to in subsection (e), in
writing, upon the acceptance, and upon the transfer under
subsection (d), of any contribution under this subsection. Such
notice shall specify the source and amount of any amount so
accepted and the use of any amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the end of
each fiscal-year quarter, the Secretary of Defense shall submit to the
congressional committees referred to in subsection (e) a report
summarizing the details of any obligation or transfer of funds from the
Afghanistan Security Forces Fund during such fiscal-year quarter.
(h) Duration of Authority.--Amounts authorized to be appropriated
or contributed to the Afghanistan Security Forces Fund during fiscal
year 2009 are available for obligation or transfer from the Afghanistan
Security Forces Fund in accordance with this section until September
30, 2010.

SEC. 1514. MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the Department of
Defense for military personnel accounts for fiscal year 2009 a total of
$1,194,000,000.

SEC. 1515. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

The Secretary of Defense may use the transfer authority provided by
section 1516 to transfer amounts of authorizations made available to
the Department of Defense in this title for fiscal year 2009 from such
authorizations to the Mine Resistant Ambush Protected Vehicle Fund in
the total amount of $2,610,000,000.

SEC. 1516. SPECIAL TRANSFER AUTHORITY.

SEC. 1517. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.

TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

SEC. 1601. SHORT TITLE.

This title may be cited as the ``Reconstruction and Stabilization
Civilian Management Act of 2008''.

SEC. 1602. FINDINGS.

Congress finds the following:
(1) In June 2004, the Office of the Coordinator for
Reconstruction and Stabilization (referred to as the
``Coordinator'') was established in the Department of State
with the mandate to lead, coordinate, and institutionalize
United States Government civilian capacity to prevent or
prepare for post-conflict situations and help reconstruct and
stabilize a country or region that is at risk of, in, or is in
transition from, conflict or civil strife.
(2) In December 2005, the Coordinator's mandate was
reaffirmed by the National Security Presidential Directive 44,
which instructed the Secretary of State, and at the Secretary's
direction, the Coordinator, to coordinate and lead integrated
United States Government efforts, involving all United States
departments and agencies with relevant capabilities, to
prepare, plan for, and conduct reconstruction and stabilization
operations.
(3) National Security Presidential Directive 44 assigns to
the Secretary, with the Coordinator's assistance, the lead role
to develop reconstruction and stabilization strategies, ensure
civilian interagency program and policy coordination,
coordinate interagency processes to identify countries at risk
of instability, provide decision-makers with detailed options
for an integrated United States Government response in
connection with reconstruction and stabilization operations,
and carry out a wide range of other actions, including the
development of a civilian surge capacity to meet reconstruction
and stabilization emergencies. The Secretary and the
Coordinator are also charged with coordinating with the
Department of Defense on reconstruction and stabilization
responses, and integrating planning and implementing
procedures.
(4) The Department of Defense issued Directive 3000.05,
which establishes that stability operations are a core United
States military mission that the Department of Defense must be
prepared to conduct and support, provides guidance on stability
operations that will evolve over time, and assigns
responsibilities within the Department of Defense for planning,
training, and preparing to conduct and support stability
operations.
(5) The President's Fiscal Year 2009 Budget Request to
Congress includes $248.6 million for a Civilian Stabilization
Initiative that would vastly improve civilian partnership with
United States Armed Forces in post-conflict stabilization
situations, including by establishing a Active Response Corps
of 250 persons, a Standby Response Corps of 2,000 persons, and
a Civilian Response Corps of 2,000 persons.

SEC. 1603. DEFINITIONS.

In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Agency.--The term ``agency'' means any entity included
in chapter 1 of title 5, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(4) Department.--Except as otherwise provided in this
title, the term ``Department'' means the Department of State.
(5) Personnel.--The term ``personnel'' means individuals
serving in any service described in section 2101 of title 5,
United States Code, other than in the legislative or judicial
branch.
(6) Secretary.--The term ``Secretary'' means the Secretary
of State.

SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND
STABILIZATION CRISES.

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.) is amended by inserting after section 617 the
following new section:

``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.

``(a) Assistance.--
``(1) In general.--If the President determines that it is
in the national security interests of the United States for
United States civilian agencies or non-Federal employees to
assist in reconstructing and stabilizing a country or region
that is at risk of, in, or is in transition from, conflict or
civil strife, the President may, in accordance with the
provisions set forth in section 614(a)(3), subject to paragraph
(2) of this subsection but notwithstanding any other provision
of law, and on such terms and conditions as the President may
determine, furnish assistance to such country or region for
reconstruction or stabilization using funds under paragraph
(3).
``(2) Pre-notification requirement.--The President may not
furnish assistance pursuant to paragraph (1) until five days
(excepting Saturdays, Sundays, and legal public holidays) after
the requirements under section 614(a)(3) of this Act are
carried out.
``(3) Funds.--The funds referred to in paragraph (1) are
funds made available under any other provision of law and under
other provisions of this Act, and transferred or reprogrammed
for purposes of this section, and such transfer or
reprogramming shall be subject to the procedures applicable to
a notification under section 634A of this Act.
``(b) Limitation.--The authority contained in this section may be
exercised only during fiscal years 2009, 2010, and 2011, except that
the authority may not be exercised to furnish more than $200,000,000 in
any such fiscal year.''.

SEC. 1605. RECONSTRUCTION AND STABILIZATION.

Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following new
section:

``SEC. 62. RECONSTRUCTION AND STABILIZATION.

``(a) Office of the Coordinator for Reconstruction and
Stabilization.--
``(1) Establishment.--There is established within the
Department of State the Office of the Coordinator for
Reconstruction and Stabilization.
``(2) Coordinator for reconstruction and stabilization.--
The head of the Office shall be the Coordinator for
Reconstruction and Stabilization, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Coordinator shall report directly to the Secretary.
``(3) Functions.--The functions of the Office of the
Coordinator for Reconstruction and Stabilization shall include
the following:
``(A) Monitoring, in coordination with relevant
bureaus and offices of the Department of State and the
United States Agency for International Development
(USAID), political and economic instability worldwide
to anticipate the need for mobilizing United States and
international assistance for the reconstruction and
stabilization of a country or region that is at risk
of, in, or are in transition from, conflict or civil
strife.
``(B) Assessing the various types of reconstruction
and stabilization crises that could occur and
cataloging and monitoring the non-military resources
and capabilities of agencies (as such term is defined
in section 1603 of the Reconstruction and Stabilization
Civilian Management Act of 2008) that are available to
address such crises.
``(C) Planning, in conjunction with USAID, to
address requirements, such as demobilization,
disarmament, rebuilding of civil society, policing,
human rights monitoring, and public information, that
commonly arise in reconstruction and stabilization
crises.
``(D) Coordinating with relevant agencies to
develop interagency contingency plans and procedures to
mobilize and deploy civilian personnel and conduct
reconstruction and stabilization operations to address
the various types of such crises.
``(E) Entering into appropriate arrangements with
agencies to carry out activities under this section and
the Reconstruction and Stabilization Civilian
Management Act of 2008.
``(F) Identifying personnel in State and local
governments and in the private sector who are available
to participate in the Civilian Reserve Corps
established under subsection (b) or to otherwise
participate in or contribute to reconstruction and
stabilization activities.
``(G) Taking steps to ensure that training and
education of civilian personnel to perform such
reconstruction and stabilization activities is adequate
and is carried out, as appropriate, with other agencies
involved with stabilization operations.
``(H) Taking steps to ensure that plans for United
States reconstruction and stabilization operations are
coordinated with and complementary to reconstruction
and stabilization activities of other governments and
international and nongovernmental organizations, to
improve effectiveness and avoid duplication.
``(I) Maintaining the capacity to field on short
notice an evaluation team consisting of personnel from
all relevant agencies to undertake on-site needs
assessment.
``(b) Response Readiness Corps.--
``(1) Response readiness corps.--The Secretary, in
consultation with the Administrator of the United States Agency
for International Development and the heads of other
appropriate agencies of the United States Government, may
establish and maintain a Response Readiness Corps (referred to
in this section as the `Corps') to provide assistance in
support of reconstruction and stabilization operations in
countries or regions that are at risk of, in, or are in
transition from, conflict or civil strife. The Corps shall be
composed of active and standby components consisting of United
States Government personnel, including employees of the
Department of State, the United States Agency for International
Development, and other agencies who are recruited and trained
(and employed in the case of the active component) to provide
such assistance when deployed to do so by the Secretary to
support the purposes of this Act.
``(2) Civilian reserve corps.--The Secretary, in
consultation with the Administrator of the United States Agency
for International Development, may establish a Civilian Reserve
Corps for which purpose the Secretary is authorized to employ
and train individuals who have the skills necessary for
carrying out reconstruction and stabilization activities, and
who have volunteered for that purpose. The Secretary may deploy
members of the Civilian Reserve Corps pursuant to a
determination by the President under section 618 of the Foreign
Assistance Act of 1961.
``(3) Mitigation of domestic impact.--The establishment and
deployment of any Civilian Reserve Corps shall be undertaken in
a manner that will avoid substantively impairing the capacity
and readiness of any State and local governments from which
Civilian Reserve Corps personnel may be drawn.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State such sums as may be necessary
for fiscal years 2007 through 2010 for the Office and to support,
educate, train, maintain, and deploy a Response Readiness Corps and a
Civilian Reserve Corps.
``(d) Existing Training and Education Programs.--The Secretary
shall ensure that personnel of the Department, and, in coordination
with the Administrator of USAID, that personnel of USAID, make use of
the relevant existing training and education programs offered within
the Government, such as those at the Center for Stabilization and
Reconstruction Studies at the Naval Postgraduate School and the
Interagency Training, Education, and After Action Review Program at the
National Defense University.''.

SEC. 1606. AUTHORITIES RELATED TO PERSONNEL.

(a) Extension of Certain Foreign Service Benefits.--The Secretary,
or the head of any agency with respect to personnel of that agency, may
extend to any individuals assigned, detailed, or deployed to carry out
reconstruction and stabilization activities pursuant to section 62 of
the State Department Basic Authorities Act of 1956 (as added by section
1605 of this title), the benefits or privileges set forth in sections
413, 704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 3973,
22 U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and manner that
such benefits and privileges are extended to members of the Foreign
Service.
(b) Authority Regarding Details.--The Secretary is authorized to
accept details or assignments of any personnel, and any employee of a
State or local government, on a reimbursable or nonreimbursable basis
for the purpose of carrying out this title, and the head of any agency
is authorized to detail or assign personnel of such agency on a
reimbursable or nonreimbursable basis to the Department of State for
purposes of section 62 of the State Department Basic Authorities Act of
1956, as added by section 1605 of this title.

SEC. 1607. RECONSTRUCTION AND STABILIZATION STRATEGY.

(a) In General.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall develop an interagency strategy to respond to
reconstruction and stabilization operations.
(b) Contents.--The strategy required under subsection (a) shall
include the following:
(1) Identification of and efforts to improve the skills
sets needed to respond to and support reconstruction and
stabilization operations in countries or regions that are at
risk of, in, or are in transition from, conflict or civil
strife.
(2) Identification of specific agencies that can adequately
satisfy the skills sets referred to in paragraph (1).
(3) Efforts to increase training of Federal civilian
personnel to carry out reconstruction and stabilization
activities.
(4) Efforts to develop a database of proven and best
practices based on previous reconstruction and stabilization
operations.
(5) A plan to coordinate the activities of agencies
involved in reconstruction and stabilization operations.

SEC. 1608. ANNUAL REPORTS TO CONGRESS.

Not later than 180 days after the date of the enactment of this Act
and annually for each of the five years thereafter, the Secretary of
State shall submit to the appropriate congressional committees a report
on the implementation of this title. The report shall include detailed
information on the following:
(1) Any steps taken to establish a Response Readiness Corps
and a Civilian Reserve Corps, pursuant to section 62 of the
State Department Basic Authorities Act of 1956 (as added by
section 1605 of this title).
(2) The structure, operations, and cost of the Response
Readiness Corps and the Civilian Reserve Corps, if established.
(3) How the Response Readiness Corps and the Civilian
Reserve Corps coordinate, interact, and work with other United
States foreign assistance programs.
(4) An assessment of the impact that deployment of the
Civilian Reserve Corps, if any, has had on the capacity and
readiness of any domestic agencies or State and local
governments from which Civilian Reserve Corps personnel are
drawn.
(5) The reconstruction and stabilization strategy required
by section 1607 and any annual updates to that strategy.
(6) Recommendations to improve implementation of subsection
(b) of section 62 of the State Department Basic Authorities Act
of 1956, including measures to enhance the recruitment and
retention of an effective Civilian Reserve Corps.
(7) A description of anticipated costs associated with the
development, annual sustainment, and deployment of the Civilian
Reserve Corps.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2009''.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI and title XXIX for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment Program
(and authorizations of appropriations therefor) shall expire on the
later of--
(1) October 1, 2011; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2012.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2011; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2012 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Anniston Army Depot.............................. $46,400,000
Fort Rucker...................................... $6,800,000
Alaska...................................... Fort Richardson.................................. $15,000,000
Fort Wainwright.................................. $110,400,000
Arizona..................................... Fort Huachuca.................................... $13,200,000
Yuma Proving Ground.............................. $3,800,000
California.................................. Fort Irwin....................................... $39,600,000
Presidio, Monterey............................... $15,000,000
Sierra Army Depot................................ $12,400,000
Colorado.................................... Fort Carson...................................... $534,000,000
Georgia..................................... Fort Benning..................................... $267,800,000
Fort Stewart/Hunter Army Air Field............... $432,300,000
Hawaii...................................... Pohakuloa Training Area.......................... $9,000,000
Schofield Barracks............................... $279,000,000
Wahiawa.......................................... $40,000,000
Kansas...................................... Fort Leavenworth................................. $4,200,000
Fort Riley....................................... $158,000,000
Kentucky.................................... Fort Campbell.................................... $108,113,000
Louisiana................................... Fort Polk........................................ $29,000,000
Missouri.................................... Fort Leonard Wood................................ $33,850,000
New Jersey.................................. Picatinny Arsenal................................ $9,900,000
New York.................................... Fort Drum........................................ $96,900,000
USMA, West Point................................. $67,000,000
North Carolina.............................. Fort Bragg....................................... $58,400,000
Oklahoma.................................... Fort Sill........................................ $63,000,000
McAlester Army Ammunition Plant.................. $5,800,000
Pennsylvania................................ Carlisle Barracks................................ $13,400,000
Letterkenny Army Depot........................... $7,500,000
Tobyhanna Army Depot............................. $15,000,000
South Carolina.............................. Fort Jackson..................................... $30,000,000
Texas....................................... Camp Bullis...................................... $4,200,000
Corpus Christi Army Depot........................ $39,000,000
Fort Bliss....................................... $1,044,300,000
Fort Hood........................................ $49,500,000
Fort Sam Houston................................. $96,000,000
Red River Army Depot............................. $6,900,000
Virginia.................................... Fort Belvoir..................................... $7,200,000
Fort Eustis...................................... $18,300,000
Fort Lee......................................... $100,600,000
Fort Myer........................................ $14,000,000
Washington.................................. Fort Lewis....................................... $158,000,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................... Bagram Air Base................................ $67,000,000
Germany....................................... Katterbach..................................... $19,000,000
Wiesbaden Air Base............................. $119,000,000
Japan......................................... Camp Zama...................................... $2,350,000
Sagamihara..................................... $17,500,000
Korea......................................... Camp Humphreys................................. $20,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number of units,
and in the amounts set forth in the following table:

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Wiesbaden Air Base......... 326....................... $133,000,000
Korea.................................. Camp Humphreys............. 216....................... $125,000,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $579,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $420,001,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2008, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $6,008,226,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $4,062,763,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $185,350,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$23,000,000.
(4) For host nation support and architectural and
engineering services and construction design under section 2807
of title 10, United States Code, $175,823,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $646,580,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $716,110,000.
(6) For the construction of increment 3 of a barracks
complex at Fort Lewis, Washington, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2445), as amended by section 20814 of the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-
289), as added by section 2 of the Revised Continuing
Resolution, 2007 (Public Law 110-5; 121 Stat 41), $102,000,000.
(7) For the construction of increment 2 of the United
States Southern Command Headquarters at Miami Doral, Florida,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 504, $81,600,000.
(8) For the construction of increment 2 of the brigade
complex operations support facility at Vicenza, Italy,
authorized by section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 505, $7,500,000.
(9) For the construction of increment 2 of the brigade
complex barracks and community support facility at Vicenza,
Italy, authorized by section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 505, $7,500,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $59,500,000 (the balance of the amount authorized under
section 2101(b) for the construction of a headquarters element
in Wiesbaden, Germany).

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2008 PROJECTS.

(a) Inside the United States Projects.--The table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2008 (division B of Public Law 110-181; 122 Stat. 504) is amended--
(1) in the item relating to Hawthorne Army Ammunition
Plant, Nevada, by striking ``$11,800,000'' in the amount column
and inserting ``$7,300,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$311,200,000'' in the amount column and inserting
``$304,600,000''; and
(3) in the item relating to Fort Bliss, Texas, by striking
``$118,400,000'' in the amount column and inserting
``$111,900,000''.
(b) Conforming Amendments.--Section 2104(a) of that Act (122 Stat.
506) is amended--
(1) in the matter preceding paragraph (1), by striking
``$5,106,703,000'' and inserting ``$5,089,103,000''; and
(2) in paragraph (1), by striking ``$3,198,150,000'' and
inserting ``$3,180,550,000''.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2007 PROJECTS.

(a) Inside the United States Projects.--The table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2007 (division B of Public Law 109-364; 120 Stat. 2445), as amended by
section 20814 of the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289) and section 2105(a) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 507), is further amended in the item
relating to Fort Bragg, North Carolina, by striking ``$96,900,000'' in
the amount column and inserting ``$75,900,000''.
(b) Outside the United States Projects.--The table in section
2101(b) of the Military Construction Authorization Act for Fiscal Year
2007 (division B of Public Law 109-364; 120 Stat. 2446), as amended by
section 2106(a) of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 508), is
further amended in the item relating to Vicenza, Italy, by striking
``$223,000,000'' in the amount column and inserting ``$208,280,000''.
(c) Conforming Amendments.--Section 2104(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2447), as amended by section 2105(b) of
the Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 508), is further amended--
(1) in the matter preceding paragraph (1), by striking
``$3,275,700,000'' and inserting ``$3,239,980,000'';
(2) in paragraph (1), by striking ``$1,119,450,000'' and
inserting ``$1,098,450,000''; and
(3) in paragraph (2), by striking ``$510,582,00'' and
inserting ``$495,862,000''.

SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), the authorizations set forth in
the table in subsection (b), as provided in section 2101 of that Act
(119 Stat. 3485), shall remain in effect until October 1, 2009, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii................................ Pohakuloa............... Tactical Vehicle Wash Facility... $9,207,000
Battle Area Complex.............. $33,660,000
Virginia.............................. Fort Belvoir............ Defense Access Road.............. $18,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005
PROJECT.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2116), the authorization set forth in the
table in subsection (b), as provided in section 2101 of that Act (118
Stat. 2101) and extended by section 2108 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 508), shall remain in effect until October 1, 2009, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Army: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii................................ Schofield Barracks...... Training Facility................ $35,542,000
----------------------------------------------------------------------------------------------------------------

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Marine Corps Air Station, Yuma................. $19,490,000
California.................................... Marine Corps Logistics Base, Barstow........... $7,830,000
Marine Corps Base, Camp Pendleton.............. $799,870,000
Naval Air Facility, El Centro.................. $8,900,000
Marine Corps Air Station, Miramar.............. $48,770,000
Naval Post Graduate School Monterey............ $9,900,000
Naval Air Station, North Island................ $60,152,000
Naval Facility, San Clemente Island............ $34,020,000
Naval Station, San Diego....................... $51,220,000
Marine Corps Base, Twentynine Palms............ $155,310,000
Connecticut................................... Naval Submarine Base, Groton................... $46,060,000
District of Columbia.......................... Naval Support Activity, Washington............. $24,220,000
Florida....................................... Naval Air Station, Jacksonville................ $12,890,000
Naval Station, Mayport......................... $18,280,000
Naval Support Activity, Tampa.................. $29,000,000
Georgia....................................... Marine Corps Logistics Base, Albany............ $15,320,000
Naval Submarine Base Kings Bay................. $6,130,000
Hawaii........................................ Pacific Missile Range, Barking Sands........... $28,900,000
Marine Corps Base, Hawaii...................... $28,200,000
Naval Station, Pearl Harbor.................... $80,290,000
Illinois...................................... Recruit Training Command, Great Lakes.......... $62,940,000
Maine......................................... Naval Shipyard Portsmouth...................... $9,980,000
Maryland...................................... Naval Surface Warfare Center Carderock......... $6,980,000
Naval Surface Warfare Center, Indian Head...... $25,980,000
Mississippi................................... Naval Construction Battalion Center, Gulfport.. $12,770,000
New Jersey.................................... Naval Air Warfare Center, Lakehurst............ $15,440,000
North Carolina................................ Marine Corps Air Station, Cherry Point......... $77,420,000
Marine Corps Air Station, New River............ $86,280,000
Marine Corps Base, Camp Lejeune................ $353,090,000
Pennsylvania.................................. Naval Support Activity, Philadelphia........... $22,020,000
Rhode Island.................................. Naval Station, Newport......................... $39,800,000
South Carolina................................ Marine Corps Air Station, Beaufort............. $5,940,000
Marine Corps Recruit Depot, Parris Island...... $64,750,000
Texas......................................... Naval Air Station Corpus Christi............... $3,500,000
Naval Air Station Kingsville................... $11,580,000
Virginia...................................... Marine Corps Base, Quantico.................... $150,290,000
Naval Station, Norfolk......................... $73,280,000
Washington.................................... Naval Air Station Whidbey Island............... $6,160,000
Naval Base Kitsap.............................. $5,110,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amounts, set forth in the following table:

Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba.......................................... Naval Air Station, Guantanamo Bay............... $20,600,000
Diego Garcia.................................. Diego Garcia.................................... $35,060,000
Djibouti...................................... Camp Lemonier................................... $31,410,000
Guam.......................................... Naval Activities, Guam.......................... $88,430,000
----------------------------------------------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2204(3), the
Secretary of the Navy may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amounts set forth in the following table:

Navy: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.......................... Unspecified Worldwide.......................... $94,020,000
----------------------------------------------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2204(6)(A),
the Secretary of the Navy may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amount
set forth in the following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay....................... Naval Air Station, 146 $62,598.000
Guantanamo Bay.
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(6)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $2,169,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(6)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $318,011,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for military construction, land
acquisition, and military family housing functions of the Department of
the Navy in the total amount of $3,996,449,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $2,518,152,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $175,500,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2201(c), $94,020,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$13,670,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $247,128,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $382,778,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $376,062,000.
(7) For the construction of increment 2 of the wharf
extension at Naval Forces Marianas Islands, Guam, authorized by
section 2201(b) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 510), $50,912,000.
(8) For the construction of increment 2 of the submarine
drive-in magnetic silencing facility at Naval Submarine Base,
Pearl Harbor, Hawaii, authorized in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 510), $41,088,000.
(9) For the construction of increment 3 of the National
Maritime Intelligence Center, Suitland, Maryland, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2448), $12,439,000.
(10) For the construction of increment 2 of hangar 5
recapitalizations at Naval Air Station, Whidbey Island,
Washington, authorized by section 2201(a) of the Military
Construction Authorization Act of Fiscal Year 2007 (division B
of Public Law 109-364; 120 Stat. 2448), $34,000,000.
(11) For the construction of increment 5 of the limited
area production and storage complex at Naval Submarine Base,
Kitsap, Bangor, Washington (formerly referred to as a project
at the Strategic Weapons Facility Pacific, Bangor), authorized
by section 2201(a) of the Military Construction Authorization
Act of Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2106), as amended by section 2206 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B
of Public law 109-163; 119 Stat. 3493) and section 2206 of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 514) $50,700,000.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2005 PROJECT.

The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
375; 118 Stat. 2105), as amended by section 2206 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3493) and section 2206 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat.514), is further amended--
(1) in the item relating to Strategic Weapons Facility
Pacific, Bangor, Washington, by striking ``$295,000,000'' in
the amount column and inserting ``$311,670,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,084,497,000''.

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2007 PROJECTS.

(a) Modifications.--The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2448), as amended by section 2205(a)(17)
of the Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 513) is further amended--
(1) in the item relating to NMIC/Naval Support Activity,
Suitland, Maryland, by striking ``$67,939,000'' in the amount
column and inserting ``$76,288,000''; and
(2) in the item relating to Naval Air Station, Whidbey
Island, Washington, by striking ``$57,653,000'' in the amount
column and inserting ``$60,500,000''.
(b) Conforming Amendments.--Section 2204(b) of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2452), is amended--
(1) in paragraph (2), by striking ``$56,159,000'' and
inserting ``$64,508,000''; and
(2) in paragraph (3), by striking ``$31,153,000'' and
inserting ``$34,000,000''.

SEC. 2207. REPORT ON IMPACTS OF SURFACE SHIP HOMEPORTING ALTERNATIVES.

(a) Report Required.--The Secretary of the Navy shall not issue a
record of decision for the proposed action of homeporting additional
surface ships at Naval Station Mayport, Florida, until at least 30 days
after the date on which the Secretary submits to Congress a report
containing an analysis of the socio-economic impacts and an economic
justification on each location from which a vessel is proposed to be
removed for homeporting at Naval Station Mayport under the preferred
alternative identified in the final environmental impact statement for
the proposed action.
(b) Additional Reporting Requirement.--If the final environmental
impact statement does not contain a preferred alternative or if the
Secretary intends to select an alternative other than the preferred
alternative in the record of decision, then the Secretary shall submit
to Congress a report (in the case where no preferred alternative is
identified) or an additional report (in the case where the preferred
alternative is not selected) containing an analysis of the socio-
economic impacts and an economic justification on each location from
which a vessel is proposed to be removed for homeporting at Naval
Station Mayport.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:

Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Maxwell Air Force Base...................... $15,556,000
Alaska......................................... Elmendorf Air Force Base.................... $138,300,000
California..................................... Edwards Air Force Base...................... $9,100,000
Colorado....................................... United States Air Force Academy............. $18,000,000
Delaware....................................... Dover Air Force Base........................ $19,000,000
Florida........................................ Eglin Air Force Base........................ $19,000,000
MacDill Air Force Base...................... $26,000,000
Tyndall Air Force Base...................... $11,600,000
Georgia........................................ Robins Air Force Base....................... $29,350,000
Kansas......................................... McConnell Air Force Base.................... $6,800,000
Maryland....................................... Andrews Air Force Base...................... $77,648,000
Mississippi.................................... Columbus Air Force Base..................... $8,100,000
Missouri....................................... Whiteman Air Force Base..................... $4,200,000
Nevada......................................... Creech Air Force Base....................... $48,500,000
Nellis Air Force Base....................... $53,300,000
New Jersey..................................... McGuire Air Force Base...................... $7,200,000
New Mexico.................................... Cannon Air Force Base....................... $8,300,000
Holloman Air Force Base..................... $25,450,000
Ohio........................................... Wright Patterson Air Force Base............. $14,000,000
Oklahoma....................................... Tinker Air Force Base....................... $54,000,000
South Carolina................................. Charleston Air Force Base.................. $4,500,000
Shaw Air Force Base......................... $9,900,000
Texas.......................................... Fort Hood................................... $10,800,000
Lackland Air Force Base..................... $75,515,000
Utah........................................... Hill Air Force Base......................... $41,400,000
Washington..................................... McChord Air Force Base...................... $5,500,000
Wyoming........................................ Francis E. Warren Air Force Base............ $8,600,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:

Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan..................................... Bagram Airfield................................. $57,200,000
Guam............................................ Andersen Air Force Base.......................... $10,600,000
Kyrgyzstan...................................... Manas Air Base................................... $6,000,000
United Kingdom.................................. Royal Air Force Lakenheath....................... $7,400,000
----------------------------------------------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2304(3), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for unspecified installations or
locations in the amounts set forth in the following table:

Air Force: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Classified............................ Classified Location.............................. $891,000
Worldwide Unspecified........................... Unspecified Worldwide Locations.................. $52,500,000
----------------------------------------------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2304(6)(A),
the Secretary of the Air Force may construct or acquire family housing
units (including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amounts
set forth in the following table:

Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom........................ Royal Air Force Lakenheath... 182 Units................ $71,828,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(6)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $7,708,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(6)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $316,343,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the
tables in subsection (b), as provided in section 2302 of that Act,
shall remain in effect until October 1, 2009, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Eielson Air Force Base....... Replace Family Housing (92 $37,650,000
units)...................
Purchase Build/Lease $18,144,000
Housing (300 units)......
California.............................. Edwards Air Force Base....... Replace Family Housing $59,699,000
(226 units)..............
Florida................................. MacDill Air Force Base....... Replace Family Housing $40,982,000
(109 units)..............
Missouri................................ Whiteman Air Force Base...... Replace Family Housing $26,917,000
(111 units)..............
North Carolina.......................... Seymour Johnson Air Force Replace Family Housing $48,868,000
Base........................ (255 units)..............
North Dakota............................ Grand Forks Air Force Base... Replace Family Housing $43,353,000
(150 units)..............
----------------------------------------------------------------------------------------------------------------

SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2116), authorizations set forth in the
table in subsection (b), as provided in section 2302 of that Act and
extended by section 2307 of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 519),
shall remain in effect until October 1, 2009, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Air Force: Extension of 2005 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Davis-Monthan Air Force Replace Family Housing (250 $48,500,000
Base.................... units).....................
California............................ Vandenberg Air Force Base Replace Family Housing (120 $30,906,000
units).....................
Florida............................... MacDill Air Force Base... Construct Housing $1,250,000
Maintenance Facility.......
Missouri.............................. Whiteman Air Force Base.. Replace Family Housing (160 $37,087,000
units).....................
North Carolina........................ Seymour Johnson Air Force Replace Family Housing (167 $32,693,000
Base.................... units).....................
Germany............................... Ramstein Air Base........ USAFE Theater Aerospace $24,204,000
Operations Support Center..
----------------------------------------------------------------------------------------------------------------

TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following tables:

Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Kentucky...................................... Fort Campbell................................... $21,400,000
North Carolina................................ Fort Bragg...................................... $78,471,000
----------------------------------------------------------------------------------------------------------------

Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Illinois...................................... Scott Air Force Base............................ $13,977,000
----------------------------------------------------------------------------------------------------------------

Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Defense Distribution Depot, Tracy............... $50,300,000
Delaware...................................... Defense Fuel Supply Center, Dover Air Force Base $3,373,000
Florida....................................... Defense Fuel Support Point, Jacksonville........ $34,000,000
Georgia....................................... Hunter Army Air Field........................... $3,500,000
Hawaii........................................ Pearl Harbor.................................... $27,700,000
New Mexico.................................... Kirtland Air Force Base......................... $14,400,000
Oklahoma...................................... Altus Air Force Base............................ $2,850,000
Pennsylvania.................................. Philadelphia.................................... $1,200,000
Utah.......................................... Hill Air Force Base............................. $20,400,000
Virginia...................................... Craney Island................................... $39,900,000
----------------------------------------------------------------------------------------------------------------

National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland....................................... Fort Meade..................................... $14,000,000
----------------------------------------------------------------------------------------------------------------

Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Naval Amphibious Base, Coronado................ $9,800,000
Florida........................................ Eglin Air Force Base........................... $40,000,00
Hurlburt Field................................. $8,900,000
MacDill Air Force Base......................... $10,500,000
Kentucky....................................... Fort Campbell.................................. $15,000,000
New Mexico..................................... Cannon Air Force Base.......................... $18,100,000
North Carolina................................. Fort Bragg..................................... $38,250,000
Virginia....................................... Fort Story..................................... $11,600,000
Washington..................................... Fort Lewis..................................... $38,000,000
----------------------------------------------------------------------------------------------------------------

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Fort Richardson................................ $6,300,000
Colorado....................................... Buckley Air Force Base......................... $3,000,000
Georgia........................................ Fort Benning................................... $3,900,000
Kansas......................................... Fort Riley..................................... $52,000,000
Kentucky....................................... Fort Campbell.................................. $24,000,000
Maryland....................................... Aberdeen Proving Ground........................ $430,000,000
Missouri....................................... Fort Leonard Wood.............................. $22,000,000
Oklahoma....................................... Tinker Air Force Base.......................... $65,000,000
Texas.......................................... Fort Sam Houston............................... $13,000,000
----------------------------------------------------------------------------------------------------------------

Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Virginia....................................... Pentagon Reservation........................... $38,940,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following tables:

Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Germersheim...................................... $48,000,000
Greece.......................................... Souda Bay........................................ $8,000,000
----------------------------------------------------------------------------------------------------------------

Special Operations Command
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Qatar........................................... Al Udeid......................................... $9,200,000
----------------------------------------------------------------------------------------------------------------

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam............................................ Naval Activities................................. $30,000,000
----------------------------------------------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(3), the
Secretary of Defense may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amount set forth in the following table:

Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location Location Amount
------------------------------------------------------------------------
Worldwide Classified.............. Classified Project.. $837,480,000
------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(7), the Secretary of Defense may
carry out energy conservation projects under chapter 173 of title 10,
United States Code, in the amount of $80,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2008, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $1,510,550,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $767,511,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $95,200,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2401(c),
$101,160,000.
(4) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$28,853,000.
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $133,025,000.
(7) For energy conservation projects authorized by section
2402 of this Act, $80,000,000.
(8) For support of military family housing, including
functions described in section 2833 of title 10, United States
Code, and credits to the Department of Defense Family Housing
Improvement Fund under section 2883 of title 10, United States
Code, and the Homeowners Assistance Fund established under
section 1013 of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374), $54,581,000.
(9) For the construction of increment 4 of the regional
security operations center at Augusta, Georgia, authorized by
section 2401(a) of the Military Construction Authorization Act
of Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3497), as amended by section 7016 of the Emergency
Supplemental Appropriation Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
Stat. 485), $100,220,000.
(10) For the construction of increment 2 of the Army
Medical Research Institute of Infectious Diseases Stage 1 at
Fort Detrick, Maryland, authorized by section 2401(a) of the
Military Construction Authorization Act of Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$109,000,000.
(11) For the construction of increment 2 of the special
operations forces operational facility at Dam Neck, Virginia,
authorized by section 2401(a) of the Military Construction
Authorization Act of Fiscal Year 2008 (division B of Public Law
110-181; 122 Stat. 521), $31,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2) and (3) of subsection (a).
(2) $100,000,000 (the balance of the amount authorized
under section 2401(a) for the construction of the United States
Army Medical Research Institute of Infectious Diseases Stage 1
at Fort Detrick, Maryland).
(3) $80,000,000 (the balance of the amount authorized under
section 2401(c) for the construction of the Ballistic Missile
Defense, European Interceptor Site).
(4) $60,000,000 (the balance of the amount authorized under
section 2401(c) for the construction of the Ballistic Missile
Defense, European Midcourse Radar Site).

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2007 PROJECT.

(a) Modification.--The table relating to the TRICARE Management
Activity in section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2457) is amended in the item relating to Fort Detrick, Maryland, by
striking ``$550,000,000'' in the amount column and inserting
``$683,000,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of that Act (120
Stat. 2461) is amended by striking ``$521,000,000'' and inserting
``$654,000,000''.

SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2005 PROJECTS.

(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2112) is amended--
(1) by striking the item relating to Defense Fuel Support
Point, Naval Air Station, Oceana, Virginia; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$485,193,000''.
(b) Conforming Amendments.--Section 2404(a) of that Act (118 Stat.
2113) is amended--
(1) in the matter preceding paragraph (1), by striking
``$1,055,663,000'' and inserting ``$1,052,074,000''; and
(2) in paragraph (1), by striking ``$411,782,000'' and
inserting ``$408,193,000''.

SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2006
PROJECT.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the
tables in subsection (b), as provided in section 2401 of that Act,
shall remain in effect until October 1, 2009, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Defense Logistics Agency: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency........................ Defense Distribution Depot Susquehanna, New $6,500,000
Cumberland, Pennsylvania.
----------------------------------------------------------------------------------------------------------------

Subtitle B--Chemical Demilitarization Authorizations

SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM CONSTRUCTION
AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2412(1), the Secretary of Defense may acquire
real property and carry out military construction projects for the
installations or locations inside the United States, and in the
amounts, set forth in the following table:

Chemical Demilitarization Program: Inside the United States
----------------------------------------------------------------------------------------------------------------
Army Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Army............................................ Blue Grass Army Depot, Kentucky.................. $12,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION
CONSTRUCTION, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for military construction and land
acquisition for chemical demilitarization in the total amount of
$134,278,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2411(a), $12,000,000.
(2) For the construction of phase 10 of a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104-201; 110 Stat. 2775), as amended by section
2406 of the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106-65; 113 Stat. 839) and
section 2407 of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2698), $65,060,000.
(3) For the construction of phase 9 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and section
2405 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
$57,218,000.

SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1997 PROJECT.

(a) Modifications.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106-65; 113 Stat. 839) and section 2407 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2699), is amended--
(1) under the agency heading relating to the Chemical
Demilitarization Program, in the item relating to Pueblo Army
Depot, Colorado, by striking ``$261,000,000'' in the amount
column and inserting ``$484,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$830,454,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of the Military
Construction Authorization Act for Fiscal Year 1997 (110 Stat. 2779),
as so amended, is further amended by striking ``$261,000,000'' and
inserting ``$484,000,000''.

SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2000 PROJECT.

(a) Modifications.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1298) and section 2405 of the
Military Construction Authorization Act for Fiscal Year 2003 (division
B of Public Law 107-314; 116 Stat. 2698), is amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army
Depot, Kentucky, by striking ``$290,325,000'' in the amount
column and inserting ``$492,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$949,920,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 839), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1298) and section 2405 of the
Military Construction Authorization Act for Fiscal Year 2003 (division
B of Public Law 107-314; 116 Stat. 2698), is further amended by
striking ``$267,525,000'' and inserting ``$469,200,000''.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $240,867,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(A), the Secretary of the Army may
acquire real property and carry out military construction projects for
the Army National Guard locations, and in the amounts, set forth in the
following table:

Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Fort McClellan................................... $3,000,000
Arizona........................................ Camp Navajo...................................... $13,000,000
Florence......................................... $13,800,000
Papago Military Reservation...................... $24,000,000
Arkansas....................................... Cabot............................................ $10,868,000
Colorado....................................... Denver........................................... $9,000,000
Grand Junction................................... $9,000,000
Connecticut.................................... Camp Rell........................................ $28,000,000
East Haven....................................... $13,800,000
Delaware....................................... New Castle....................................... $28,000,000
Florida........................................ Camp Blanding.................................... $33,307,000
Georgia........................................ Dobbins Air Reserve Base......................... $45,000,000
Idaho.......................................... Orchard Training Area............................ $1,850,000
Indiana........................................ Camp Atterbury................................... $5,800,000
Lawrence......................................... $21,000,000
Muscatatuck...................................... $6,000,000
Iowa........................................... Camp Dodge....................................... $1,500,000
Davenport........................................ $1,550,000
Mount Pleasant................................... $1,500,000
Kentucky....................................... London........................................... $7,191,000
Maine.......................................... Bangor........................................... $20,000,000
Maryland....................................... Edgewood......................................... $28,000,000
Salisbury........................................ $9,800,000
Massachusetts.................................. Methuen.......................................... $21,000,000
Michigan....................................... Camp Grayling.................................... $4,000,000
Minnesota...................................... Arden Hills...................................... $15,000,000
New York....................................... Fort Drum........................................ $11,000,000
Queensbury....................................... $5,900,000
Ohio........................................... Camp Perry....................................... $2,000,000
Ravenna.......................................... $2,000,000
Pennsylvania................................... Honesdale........................................ $6,117,000
South Carolina................................. Anderson......................................... $12,000,000
Beaufort......................................... $3,400,000
Eastover......................................... $28,000,000
Hemingway........................................ $4,600,000
South Dakota................................... Rapid City....................................... $29,000,000
Tennessee...................................... Tullahoma........................................ $10,372,000
Utah........................................... Camp Williams.................................... $17,500,000
Virginia....................................... Arlington........................................ $15,500,000
Fort Pickett..................................... $2,950,000
Washington..................................... Fort Lewis (Gray Army Airfield).................. $32,000,000
West Virginia.................................. Camp Dawson...................................... $9,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(B), the Secretary of the Army may
acquire real property and carry out military construction projects for
the Army Reserve locations, and in the amounts, set forth in the
following table:

Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Fort Hunter Liggett.............................. $3,950,000
Hawaii Fort Shafter..................................... $19,199,000
Idaho........................................... Hayden Lake...................................... $9,580,000
Kansas.......................................... Dodge City....................................... $8,100,000
Maryland........................................ Baltimore........................................ $11,600,000
Massachusetts................................... Fort Devens...................................... $1,900,000
Michigan........................................ Saginaw.......................................... $11,500,000
Missouri........................................ Weldon Springs................................... $11,700,000
Nevada.......................................... Las Vegas........................................ $33,900,000
New Jersey...................................... Fort Dix......................................... $3,825,000
New York........................................ Kingston......................................... $13,494,000
Shoreham......................................... $15,031,000
Staten Island.................................... $18,550,000
North Carolina.................................. Raleigh.......................................... $25,581,000
Pennsylvania.................................... Letterkenny Army Depot........................... $14,914,000
Tennessee....................................... Chattanooga...................................... $10,600,000
Texas........................................... Sinton........................................... $9,700,000
Washington...................................... Seattle.......................................... $37,500,000
Wisconsin....................................... Fort McCoy....................................... $4,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(2), the Secretary of the Navy may
acquire real property and carry out military construction projects for
the Navy Reserve and Marine Corps Reserve locations, and in the
amounts, set forth in the following table:

Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Lemoore.......................................... $15,420,000
Delaware....................................... Wilmington....................................... $11,530,000
Georgia........................................ Marietta......................................... $7,560,000
Virginia....................................... Norfolk.......................................... $8,170,000
Williamsburg..................................... $12,320,000
----------------------------------------------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(A), the Secretary of the Air Force
may acquire real property and carry out military construction projects
for the Air National Guard locations, and in the amounts, set forth in
the following table:

Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arkansas....................................... Little Rock Air Force Base....................... $4,000,000
Connecticut.................................... Bradley International Airport.................... $7,200,000
Delaware....................................... New Castle County Airport........................ $3,200,000
Georgia........................................ Savannah Combat Readiness Training Center........ $7,500,000
Indiana........................................ Fort Wayne International Airport................. $5,600,000
Iowa........................................... Fort Dodge....................................... $5,600,000
Maryland....................................... Martin State Airport............................. $7,900,000
Minnesota...................................... Duluth........................................... $4,500,000
Minneapolis-St. Paul............................. $1,500,000
New Jersey..................................... Atlantic City International Airport.............. $8,400,000
New York....................................... Gabreski Airport................................. $7,500,000
Hancock Field.................................... $10,400,000
Ohio........................................... Springfield Air National Guard Base.............. $12,800,000
South Dakota................................... Joe Foss Field................................... $4,500,000
Texas.......................................... Ellington Field.................................. $7,600,000
Fort Worth Naval Air Station Joint Reserve Base.. $5,000,000
Vermont........................................ Burlington International Airport................. $6,600,000
Washington..................................... McChord Air Force Base........................... $8,600,000
Wyoming........................................ Cheyenne Municipal Airport....................... $7,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(B), the Secretary of the Air Force
may acquire real property and carry out military construction projects
for the Air Force Reserve locations, and in the amounts, set forth in
the following table:

Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Oklahoma........................................ Tinker Air Force Base............................ $9,900,000
New York........................................ Niagara Falls Air Reserve Station................ $9,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $628,668,000; and
(B) for the Army Reserve, $282,607,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $57,045,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $142,809,000; and
(B) for the Air Force Reserve, $30,018,000.

SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), the authorizations set forth in
the table in subsection (b), as provided in section 2601 of that Act,
shall remain in effect until October 1, 2009, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Army National Guard: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Roberts................ Urban Assault Course....... $1,485,000
Idaho................................... Gowen Field................. Railhead, Phase 1.......... $8,331,000
Mississippi............................. Biloxi...................... Readiness Center........... $16,987,000
Camp Shelby................. Modified Record Fire Range. $2,970,000
Montana................................. Townsend.................... Automated Qualification $2,532,000
Training Range.
Pennsylvania............................ Philadelphia................ Stryker Brigade Combat Team $11,806,000
Readiness Center.
Organizational Maintenance $6,144,930
Shop #7.
----------------------------------------------------------------------------------------------------------------

SEC. 2608. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005
PROJECT.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2116), the authorization set forth in the
table in subsection (b), as provided in section 2601 of that Act, shall
remain in effect until October 1, 2009, or the date of the enactment of
an Act authorizing funds for military construction for fiscal year
2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Army National Guard: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Dublin...................... Readiness Center, Add/Alt $11,318,000
(ADRS).
----------------------------------------------------------------------------------------------------------------

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Subtitle A--Authorizations

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 1990.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by 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) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $393,377,000, as follows:
(1) For the Department of the Army, $72,855,000.
(2) For the Department of the Navy, $178,700,000
(3) For the Department of the Air Force, $139,155,000.
(4) For the Defense Agencies, $2,667,000.

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may carry out
base closure and realignment activities, including real property
acquisition and military construction projects, as authorized by 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) and funded through the
Department of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $7,138,021,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 2005.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by 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) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, in the
total amount of $9,065,386,000, as follows:
(1) For the Department of the Army, $4,486,178,000.
(2) For the Department of the Navy, $871,492,000.
(3) For the Department of the Air Force, $1,072,925,000.
(4) For the Defense Agencies, $2,634,791,000.

Subtitle B--Amendments to Base Closure and Related Laws

SEC. 2711. REPEAL OF COMMISSION APPROACH FOR DEVELOPMENT OF
RECOMMENDATIONS IN ANY FUTURE ROUND OF BASE CLOSURES AND
REALIGNMENTS.

(a) Repeal of Provisions Related to Defense Base Closure and
Realignment Commission.--Sections 2902, 2903(d), 2912(d), and 2914 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) are repealed.
(b) Conforming Amendments.--Section 2903 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--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``and to the
Commission'';
(B) in paragraph (2), by striking ``and the
Commission'';
(C) in paragraph (3)(C), by striking ``the
Commission and'';
(D) in paragraph (5)(A), by striking ``or the
Commission''; and
(E) by striking paragraph (6); and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Commission
makes recommendations under subsection (d), transmit to
the Commission and to the Congress a report containing
the President's approval or disapproval of the
Commissions'' and inserting ``the Secretary makes
recommendations under subsection (c), transmit to the
Congress a report containing the President's approval
or disapproval of the Secretary's'';
(B) in paragraphs (2), (4), and (5) and the second
sentence of paragraph (3), by striking ``the
Commission'' each place it appears and inserting ``the
Secretary'';
(C) in the first sentence of paragraph (3), by
striking ``the Commission, in whole or in part, the
President shall transmit to the Commission and'' and
inserting ``the Secretary, in whole or in part, the
President shall transmit to the''.
(c) Effect of Repeal.--The amendments made by this section do not
affect the validity of the recommendations submitted by the Defense
Base Closure and Realignment Commission in the 2005 or earlier rounds
of closures and realignments of military installations.

SEC. 2712. MODIFICATION OF ANNUAL BASE CLOSURE AND REALIGNMENT
REPORTING REQUIREMENTS.

(a) Termination of Reporting Requirements After Fiscal Year 2014.--
Section 2907 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--
(1) by striking ``As part of the budget request for fiscal
year 2007 and for each fiscal year thereafter'' and inserting
``(a) Reporting Requirement.--As part of the budget request for
fiscal year 2007 and for each fiscal year thereafter through
fiscal year 2016''; and
(2) by adding at the end the following new subsection:
``(b) Termination of Reporting Requirements Related to Realignment
Actions.--The reporting requirements under subsection (a) shall
terminate with respect to realignment actions after the report
submitted with the budget for fiscal year 2014.''.
(b) Exclusion of Descriptions of Realignment Actions.--Subsection
(a) of such section, as designated and amended by subsection (a)(1) of
this section, is further amended--
(1) in paragraph (1), by striking ``and realignment'' both
places it appears;
(2) in paragraph (2), by striking ``and realignments''; and
(3) in paragraphs (3), (4), (5), (6), and (7), by striking
``or realignment'' each place it appears.

SEC. 2713. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST AND SCOPE OF
WORK VARIATIONS FOR MILITARY CONSTRUCTION AND MILITARY
FAMILY HOUSING PROJECTS RELATED TO BASE CLOSURES AND
REALIGNMENTS.

(a) Correction of Citation in Amendatory Language.--
(1) In general.--Section 2704(a) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 532) is amended--
(B) in subsection (a), by striking ``Section
2905A'' and inserting ``Section 2906A''; and
(C) in subsection (b), by striking ``section
2905A'' and inserting ``section 2906A''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on January 28, 2008, as if included in the
enactment of section 2704 of the Military Construction
Authorization Act for Fiscal Year 2008.
(b) Correction of Scope or Work Variation Limitation.--Subsection
(f) of section 2906A of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note),
as added by section 2704(a) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
532) and amended by subsection (a), is amended by striking ``20 percent
or $2,000,000, whichever is greater'' and inserting ``20 percent or
$2,000,000, whichever is less''.

Subtitle C--Other Matters

SEC. 2721. CONDITIONS ON CLOSURE OF WALTER REED ARMY MEDICAL HOSPITAL
AND RELOCATION OF OPERATIONS TO NATIONAL NAVAL MEDICAL
CENTER AND FORT BELVOIR.

(a) Required Certification.--The Secretary of Defense may not
commence the closure of Walter Reed Army Medical Hospital or continue
with the construction at the National Naval Medical Center in Bethesda,
Maryland, and Fort Belvoir, Virginia, of replacement facilities beyond
the construction necessary to complete the foundations of the
replacement facilities until--
(1) the Secretary certifies to the congressional defense
committees that each of the conditions imposed by this section
has been satisfied; and
(2) a period of 7 days has expired following the date on
which the certification is received by the committees.
(b) Progress on Design for Replacement Facilities.--
(1) Preparation.--The Secretary of Defense shall replace
the conceptual design prepared for the new National Military
Medical Center at the National Naval Medical Center with a
design for the facility that is certified as at least 90
percent complete by an engineer or architect registered in the
State of Maryland.
(2) Collaborative design process.--The Secretary of Defense
may not delegate the responsibility for the preparation of the
design for the National Military Medical Center to the prime
contractor selected for construction of the facility. The
design for the National Military Medical Center shall be
prepared through a collaborative process involving--
(A) personnel of the Department of Defense;
(B) representatives of premier health care
facilities in the United States; and
(C) current and former patients of the military
medical system.
(c) Independent Cost Estimate.--
(1) Preparation.--The Cost Analysis Improvement Group of
the Department of Defense shall prepare an independent cost
estimate of the total cost to be incurred by the United States
to close Walter Reed Army Medical Hospital, design and
construct replacement facilities at the National Naval Medical
Center and Fort Belvoir, and relocate operations to the
replacement facilities. In preparing the cost estimate, the
Cost Analysis Improvement Group shall not consider the
possibility of private funds being obtained to construct the
proposed traumatic brain injury treatment facility at the
National Naval Medical Center.
(2) Submission.--The Secretary of Defense shall submit the
resulting cost estimate to the congressional defense committees
as soon as possible after the date of the enactment of this
Act, but in no case later than the date on which the Secretary
makes the certification under subsection (a) with regard to
compliance with this subsection.
(d) Milestone Schedule.--
(1) Preparation.--The Secretary of Defense shall prepare a
complete milestone schedule for the closure of Walter Reed Army
Medical Hospital, the design and construction of replacement
facilities at the National Naval Medical Center and Fort
Belvoir, and the relocation of operations to the replacement
facilities. The schedule shall include a detailed plan
regarding how the Department of Defense will carry out the
transition of operations between Walter Reed Army Medical
Hospital and the replacement facilities.
(2) Submission.--The Secretary of Defense shall submit the
resulting milestone schedule and transition plan to the
congressional defense committees as soon as possible after the
date of the enactment of this Act, but in no case later than
the date on which the Secretary makes the certification under
subsection (a) with regard to compliance with this subsection.

SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR REFINERIES OR
NUCLEAR POWER PLANTS.

Not later than October 1, 2009, the Secretary of Defense shall
submit to the congressional defense committees a report evaluating the
feasibility of using military installations selected for closure under
the base closure and realignment process as locations for the
construction of petroleum or natural gas refineries or nuclear power
plants.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Sec. 2841. Certification of enhanced use leases for energy-related
projects.
Sec. 2842. Annual report on Department of Defense installations energy
management.
Subtitle E--Land Conveyances

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN IN
DOCUMENTS SUBMITTED AS PART OF PROPOSED MILITARY
CONSTRUCTION PROJECTS.

(a) Definition of Life-Cycle Cost-Effective.--Subsection (c) of
section 2801 of title 10, United States Code, is amended--
(1) by transferring paragraph (4) to appear as the first
paragraph in the subsection and redesignating such paragraph as
paragraph (1);
(2) by redesignating the subsequent three paragraphs as
paragraphs (2), (4), and (5), respectively; and
(3) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) The term `life-cycle cost-effective', with respect to
a project, product, or measure, means that the sum of the
present values of investment costs, capital costs, installation
costs, energy costs, operating costs, maintenance costs, and
replacement costs, as estimated for the lifetime of the
project, product, or measure, does not exceed the base case
(current or standard) for the practice, product, or measure.''.
(b) Inclusion.--Section 2802 of such title is amended by adding at
the end the following new subsection:
``(c) In determining the scope of a proposed military construction
project, the Secretary concerned shall submit to the President such
recommendations as the Secretary considers to be appropriate regarding
the incorporation and inclusion of life-cycle cost-effective practices
as an element in the project documents submitted to Congress in
connection with the budget submitted pursuant to section 1105 of title
31 for the fiscal year in which a contract is proposed to be awarded
for the project.''.

SEC. 2802. EXTENSION OF AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED
STATES.

Section 2808(a) of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as
amended by section 2810 of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2128), section 2809 of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508),
section 2802 of the Military Construction Authorization Act for Fiscal
Year 2007 (division B of Public Law 109-364; 120 Stat. 2466), and
section 2801(a) of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 538), is
further amended by striking ``2008'' and inserting ``2009''.

SEC. 2803. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO CERTAIN
DOMESTIC ARMY FAMILY HOUSING LEASES TO REFLECT PREVIOUSLY
MADE ANNUAL ADJUSTMENTS IN AMOUNT.

Section 2828(b)(7)(A) of title 10, United States Code, is amended
by striking ``$18,620 per unit'' and inserting ``$35,000 per unit''.

SEC. 2804. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER BUILD AND
LEASE AUTHORITY TO HOUSE MEMBERS WITHOUT DEPENDENTS.

(a) In General.--Subchapter II of chapter 169 of title 10, United
States Code, is amended by inserting after section 2835 the following
new section:
``Sec. 2835a. Use of military family housing constructed under build
and lease authority to house other members
``(a) Individual Assignment of Members Without Dependents.--(1) To
the extent that the Secretary concerned determines that military family
housing constructed and leased under section 2835 of this title is not
needed to house members of the armed forces eligible for assignment to
military family housing, the Secretary may assign, without rental
charge, members without dependents to the housing.
``(2) A member without dependents who is assigned to housing
pursuant to paragraph (1) shall be considered to be assigned to
quarters pursuant to section 403(e) of title 37.
``(b) Conversion to Long-Term Leasing of Military Unaccompanied
Housing.--(1) If the Secretary concerned determines that military
family housing constructed and leased under section 2835 of this title
is excess to the long-term needs of the family housing program of the
Secretary, the Secretary may convert the lease contract entered into
under subsection (a) of such section into a long-term lease of military
unaccompanied housing.
``(2) The term of the lease contract for military unaccompanied
housing converted from military family housing under paragraph (1) may
not exceed the remaining term of the lease contract for the family
housing so converted.
``(c) Notice and Wait Requirements.--(1) The Secretary concerned
may not convert military family housing to military unaccompanied
housing under subsection (b) until--
``(A) the Secretary submits to the congressional defense
committees a notice of the intent to undertake the conversion;
and
``(B) a period of 21 days has expired following the date on
which the notice is received by the committees or, if earlier,
a period of 14 days has expired following the date on which a
copy of the notice is provided in an electronic medium pursuant
to section 480 of this title.
``(2) The notice required by paragraph (1) shall include--
``(A) an explanation of the reasons for the conversion of
the military family housing to military unaccompanied housing;
``(B) a description of the long-term lease to be converted;
``(C) amounts to be paid under the lease; and
``(D) the expiration date of the lease.
``(d) Application to Housing Leased Under Former Authority.--This
section also shall apply to housing initially acquired or constructed
under the former section 2828(g) of this title (commonly known as the
`Build to Lease program'), as added by section 801 of the Military
Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat
782).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2835 the following new item:

``2835a. Use of military family housing constructed under build and
lease authority to house other members.''.

SEC. 2805. LEASE OF MILITARY FAMILY HOUSING TO THE SECRETARY OF DEFENSE
FOR USE AS RESIDENCE.

(a) Lease of Housing Authorized .--Subchapter II of chapter 169 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2838. Lease of military family housing to the Secretary of
Defense for use as residence
``(a) Lease Authorized.--The Secretary of a military department may
lease military family housing in the National Capital Region (as such
term is defined in section 2674 of this title) to the person serving as
the Secretary of Defense for the purpose of permitting the person to
use the housing as a personal residence while the person is serving as
Secretary of Defense. In determining the unit of military family
housing to lease under this section, the Secretary of Defense and the
Secretaries of the military departments should first consider any units
then available that are already substantially equipped for executive
communications and security.
``(b) Rental Rate.--A lease under subsection (a) of a unit of
military family housing shall provide for the payment by the person
serving as the Secretary of Defense of consideration in an amount equal
to the higher of the following:
``(1) 105 percent of the monthly rate for the basic
allowance for housing prescribed under section 403(b) of title
37 for a member of the armed forces in the pay grade of 0-10,
with dependents, assigned to duty at the military installation
on which the housing unit is located.
``(2) The assessed fair market value of the housing unit,
offset by the security and infrastructure savings associated
with housing the lessee on a military installation.
``(c) Treatment of Proceeds.--(1) The Secretary of a military
department shall deposit all money rentals received pursuant to a lease
entered into by that Secretary under this section into a special
account in the Treasury established for such military department.
``(2) The proceeds deposited into a special account of a military
department pursuant to paragraph (1) shall be available to the
Secretary of that military department, in such amounts as are provided
in advance in appropriation Acts, for maintenance, protection,
alteration, repair, improvement, or restoration of military housing on
the installation at which the housing leased pursuant to subsection (a)
is located.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:

``2838. Lease of military family housing to the Secretary of Defense
for use as residence.''.

SEC. 2806. REPEAL OF REPORTING REQUIREMENT IN CONNECTION WITH
INSTALLATION VULNERABILITY ASSESSMENTS.

Section 2859 of title 10, United States Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).

SEC. 2807. MODIFICATION OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.

(a) Partnership With Eligible Entity Required.--Section 2871(5) of
title 10, United States Code, is amended by inserting before the period
at the end the following: ``that is prepared to enter into a contract
as a partner with the Secretary concerned for the construction of
military housing units and ancillary supporting facilities''.
(b) Bonding Requirements for Eligible Entities.--Section 2872 of
such title is amended--
(1) by inserting ``(a) Availability of Alternative
Authorities.--'' before ``In addition''; and
(2) by adding at the end the following new subsection:
``(b) Bonding Requirements for Eligible Entities.--The Secretary
concerned shall ensure that an eligible entity that will acquire or
construct housing units or ancillary supporting facilities under this
subchapter is fully bonded for the construction of the units or
facilities by obtaining payment and performance bonds in an amount not
less than 100 percent of the maximum price allowable under the contract
for the overall project.''.
(c) Competitive Process for Conveyance or Lease of Property.--
Section 2878 of such title is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Competitive Process.--The Secretary concerned shall ensure
that the time, method, and terms and conditions of the conveyance or
lease of property or facilities under this section permit full and free
competition consistent with the value and nature of the property or
facilities involved.''.
(d) Treatment of Acquired or Constructed Housing Units.--
(1) Repeal of separate assignment authority.--Section 2882
of such title is amended to read as follows:
``Sec. 2882. Effect of assignment of members to housing units acquired
or constructed under alternative authority
``(a) Treatment as Quarters of the United States.--Except as
provided in subsection (b), housing units acquired or constructed under
this subchapter shall be considered as quarters of the United States or
a housing facility under the jurisdiction of a uniformed service for
purposes of section 403 of title 37.
``(b) Availability of Basic Allowance for Housing.--A member of the
armed forces who is assigned to a housing unit acquired or constructed
under this subchapter that is not owned or leased by the United States
shall be entitled to a basic allowance for housing under section 403 of
title 37.
``(c) Lease Payments Through Pay Allotments.--The Secretary
concerned may require members of the armed forces who lease housing in
housing units acquired or constructed under this subchapter to make
lease payments for such housing pursuant to allotments of the pay of
such members under section 701 of title 37.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of chapter 169 of such title is
amended by striking the item relating to section 2882 and
inserting the following new item:

``2882. Effect of assignment of members to housing units acquired or
constructed under alternative authority.''.
(e) Annual Report on Maintenance and Repair to Privatized General
and Flag Officer Quarters.--Section 2884(b) of such title is amended by
adding at the end the following new paragraph:
``(7) A report identifying each family housing unit
acquired or constructed under this subchapter that is used, or
intended to be used, as quarters for a general officer or flag
officer and for which the total operation, maintenance, and
repair costs for the unit exceeded $35,000. For each housing
unit so identified, the report shall also include the total of
such operation, maintenance, and repair costs.''.

SEC. 2808. REPORT ON CAPTURING HOUSING PRIVATIZATION BEST PRACTICES.

Section 2884(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(7) A separate report on best practices for the execution
of housing privatization initiatives, covering the full range
of issues that arise throughout the life of the project, from
the identification of requirements, through construction, to
sustainment of the public private venture following conclusion
of the contract. Issues covered by this reporting requirement
include project oversight requirements, community,
subcontractor, bond holder, and project owner relations, and
such other topics that are identified as pertinent by the
Department of Defense.''.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. CLARIFICATION OF EXCEPTIONS TO CONGRESSIONAL REPORTING
REQUIREMENTS FOR CERTAIN REAL PROPERTY TRANSACTIONS.

Section 2662(c) of title 10, United States Code, is amended--
(1) by striking ``river and harbor projects or flood
control projects'' and inserting ``Army civil works water
resource development projects''; and
(2) by striking ``acquisition specifically authorized in a
Military Construction Authorization Act'' and inserting
``transaction specifically authorized in a Military
Construction Authorization Act or other Act authorizing or
directing activities of the Department of Defense''.

SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY
DEPARTMENTS AND DEFENSE AGENCIES.

(a) Consolidation of Separate Authorities.--
(1) Establishment of single authority.--Subsection (a) of
section 2667 of title 10, United States Code, is amended to
read as follows:
``(a) Lease Authority.--Whenever the Secretary concerned considers
it advantageous to the United States, the Secretary concerned may lease
to such lessee and upon such terms as the Secretary concerned considers
will promote the national defense or to be in the public interest, real
or personal property that--
``(1) is under the control of the Secretary concerned;
``(2) is not for the time needed for public use; and
``(3) is not excess property, as defined by section 102 of
title 40.''.
(2) Secretary concerned defined.--Subsection (i) of such
section is amended by adding at the end the following new
paragraph:
``(4) The term `Secretary concerned' means--
``(A) the Secretary of a military department, with
respect to matters concerning that military department;
and
``(B) the Secretary of Defense, with respect to
matters concerning the Defense Agencies.''.
(b) Limitation on Duration of Lease.--Subsection (b)(1) of such
section is amended by inserting ``, but not to exceed 50 years,'' after
``longer period''.
(c) Prohibition on Leaseback With Excessive Annual Payments.--
Subsection (b) of such section is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) may not provide for a leaseback by the Secretary
concerned with an annual payment in excess of $500,000.''.
(d) Improved Congressional Notification Requirements.--Paragraph
(4) of subsection (c) of such section is amended to read as follows:
``(4)(A) Not later than 30 days before issuing a contract
solicitation or other lease offering under this section for a lease
whose annual payment, including any in-kind consideration to be
accepted under subsection (b)(5) or this subsection, will exceed
$500,000, the Secretary concerned shall submit to the congressional
defense committees a report containing--
``(i) a description of the proposed lease, including the
proposed duration of the lease;
``(ii) a description of the authorities to be used in
entering the lease and the intended participation of the United
States in the lease, including a justification of the intended
method of participation;
``(iii) a statement of the scored cost of the lease,
determined using the scoring criteria of the Office of
Management and Budget;
``(iv) a determination that the property involved in the
lease is not excess property, as required by subsection (a)(3),
including the basis for the determination; and
``(v) a determination that the lease is directly compatible
with the mission of the military installation or Defense Agency
whose property is to be subject to the lease and the
anticipated long-term use of the property at the conclusion of
the lease.
``(B) In the case of a lease described in subparagraph (A), the
Secretary concerned also shall submit to the congressional defense
committees a report at least 30 days before the date on which the
Secretary concerned enters into a lease the following information:
``(i) A copy of the report submitted under subparagraph
(A).
``(ii) A description of the differences between the report
submitted under that subparagraph and the new report.
``(iii) A description of the agreement reached with the
local municipality on taxation issues and other development
issues related to the proposed project, including payments-in-
lieu-of taxes.
``(iv) A description of the lessee payment required under
this section.''.
(e) Prohibition on Acceptance of In-Kind to Support Certain MWR
Projects.--Subsection (c) of such section is amended by adding at the
end the following new paragraph:
``(5) The Secretary concerned may not accept in-kind consideration
under paragraph (1) with respect to a lease under this section to
support the development of a project for a nonappropriated fund
activity of the Department of Defense conducted for the morale,
welfare, and recreation of members of the armed forces if the revenues
estimated to be generated from the resulting facility would generally
cover the operating expenses of the facility.''.
(f) Conforming Amendments to References to Military Departments and
Installations.--
(1) Community support facilities and community support
services.--Subsection (d) of such section is amended--
(A) in paragraph (2), by striking ``Secretary of a
military department'' and inserting ``Secretary
concerned''; and
(B) in paragraphs (3), (4), and (6), by striking
``of the military department'' each place it appears.
(2) Deposit and use of proceeds.--Subsection (e) of such
section is amended--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i)--
(I) by striking ``Secretary of a
military department'' and inserting
``Secretary concerned''; and
(II) by striking ``such military
department'' and inserting ``that
Secretary'';
(ii) in clause (iii), by striking
``military department'' and inserting
``Secretary'';
(B) in paragraph (1)(B)(i), by striking ``Secretary
of a military department'' and inserting ``Secretary
concerned'';
(C) in paragraph (1)(C), by striking ``of a
military department pursuant to subparagraph (A) shall
be available to the Secretary of that military
department'' and inserting ``established for the
Secretary concerned shall be available to the
Secretary'';
(D) in paragraph (1)(D)--
(i) by striking ``of a military department
under subparagraph (A)'' and inserting
``established for the Secretary concerned'';
and
(ii) by inserting ``or Defense Agency
location'' after ``military installation'';
(E) in paragraph (1)(E), by striking
``installation'' and inserting ``military installation
or Defense Agency location''; and
(F) in paragraph (3), by striking ``Secretary of a
military department'' and inserting ``Secretary
concerned''.
(3) Base closure property.--Subsection (g)(1) of such
section is amended by striking ``Secretary of a military
department'' and inserting ``Secretary concerned''.
(g) Repeal of Separate Defense Agency Authority.--
(1) Repeal.--Section 2667a of such title is repealed.
(2) Effect on existing contracts.--The repeal of section
2667a of title 10, United States Code, shall not affect the
validity or terms of any lease with respect to property of a
Defense Agency entered into by the Secretary of Defense under
such section before the date of the enactment of this Act.
(3) Treatment of money rents.--Amounts in any special
account established for a Defense Agency pursuant to subsection
(d) of section 2667a of title 10, United States Code, before
repeal of such section by paragraph (1), and amounts that would
be deposited in such an account in connection with a lease
referred to in paragraph (2), shall--
(A) remain available until expended for the
purposes specified in such subsection, notwithstanding
the repeal of such section by paragraph (1); or
(B) to the extent provided in appropriations Acts,
be transferred to the special account required for the
Secretary of Defense by subsection (e) of section 2667
of such title, as amended by subsection (f)(2) of this
section.
(h) Clerical Amendments.--
(1) Section heading.--The heading of section 2667 of such
title is amended to read as follows:
``Sec. 2667. Leases: non-excess property of military departments and
Defense Agencies''.
(2) Table of sections.--The table of sections at the
beginning of chapter 159 of such title is amended by striking
the items relating to sections 2667 and 2667a and inserting the
following new item:

``2667. Leases: non-excess property of military departments and Defense
Agencies.''.

SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY.

(a) Conveyance of Utility System Infrastructure.--Section 2688 of
title 10, United States Code, is amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Conveyance of Utility Infrastructure After Privatization of
Utility System.--(1) The Secretary concerned may convey all right,
title, and interest of the United States, or such lesser estate as the
Secretary considers appropriate, in and to utility system
infrastructure under the jurisdiction of the Secretary to the entity to
which a utility system has been conveyed under subsection (a) if the
infrastructure will be used as part of the utility system.
``(2) In making a conveyance under paragraph (1), the Secretary
concerned may use other than competitive procedures. As consideration
for the conveyance, the Secretary concerned shall receive an amount
equal to the fair market value of the conveyed utility infrastructure,
determined in the same manner as the consideration the Secretary could
require under subsection (c) for the conveyance of a utility system
under subsection (a).''.
(b) Assistance for Construction, Repair, or Replacement of Utility
Infrastructure.--Subsection (h) of such section is amended--
(1) in the subsection heading, by striking ``Systems.--''
and inserting ``Systems or Infrastructure.--(1)''; and
(2) by adding at the end the following new paragraph:
``(2) In lieu of carrying out a military construction project to
construct, repair, or replace utility infrastructure to be used with a
utility system conveyed under subsection (a), the Secretary concerned
may provide, from amounts authorized and appropriated for the project
for fiscal year 2009 or subsequent fiscal years, funds to the entity to
which the utility system has been conveyed for use by the entity to
construct, repair, or replace the utility infrastructure if the
infrastructure will be used as part of the utility system. As
consideration for the provision of such funds, the Secretary may
require a reduction in charges for utility services in the same manner
as a reduction in charges may be required under subsection (c) for the
conveyance of a utility system under subsection (a).''.

SEC. 2814. PERMANENT AUTHORITY TO PURCHASE MUNICIPAL SERVICES FOR
MILITARY INSTALLATIONS IN THE UNITED STATES.

(a) Permanent Authority.--Chapter 146 of title 10, United States
Code, is amended by inserting after section 2465 the following new
section:
``Sec. 2465a. Contracts for procurement of municipal services for
military installations in the United States
``(a) Contract Authority.--Subject to section 2465 of this title,
the Secretary a military department may enter into a contract for the
procurement of municipal services described in subsection (b) for a
military installation in the United States under the jurisdiction of
the Secretary from a county or municipal government for the geographic
area in which the installation is located.
``(b) Covered Municipal Services.--Only the following municipal
services may be procured for a military installation under the
authority of this section:
``(1) Refuse collection.
``(2) Refuse disposal.
``(c) Exception From Competitive Procedures.--The Secretary may
enter in a contract under subsection (a) using procedures other than
competitive procedures if--
``(1) the term of the proposed contract does not exceed
five years;
``(2) the Secretary determines that the price for the
municipal services to be provided under the contract is fair
and reasonable and represents the least cost to the Federal
Government; and
``(3) the business case supporting the Secretary's
determination under paragraph (2)--
``(A) describes the availability, benefits, and
drawbacks of alternative sources; and
``(B) establishes that performance by the county or
municipal government will not increase costs to the
Federal government, when compared to the cost of
continued performance by the current provider of the
services.
``(d) Limitation on Delegation.--The authority to make the
determination described in subsection (c)(2) may not be delegated to a
level lower than a Deputy Assistant Secretary for Installations and
Environment or another official of the Department of Defense at an
equivalent level.
``(e) Congressional Notification.--The Secretary may not enter into
a contract under subsection (a) for the procurement of municipal
services until the Secretary notifies the congressional defense
committees of the proposed contract and a period of 14 days elapses
from the date the notification is received by the committees. The
notification shall include a summary of the business case and an
explanation of how the adverse impact, if any, on civilian employees of
the Department will be minimized.
``(f) Guidance.--The Secretary of Defense shall issue guidance to
address the implementation of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2465 the following new item:

``2465a. Contracts for purchase of municipal services for military
installations in the United States.''.
(c) Termination of Pilot Program.--Section 325 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 10 U.S.C. 2461 note) is repealed. The repeal of such
section shall not affect the terms or validity of any contract entered
into before the date of the enactment of this Act under the pilot
program authorized by such section.

SEC. 2815. DEFENSE ACCESS ROADS.

(a) Basis for Transportation Needs Assessment.--Section 210(a) of
title 23, United States Code, is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) If it is determined that an action of the Department of
Defense will cause a significant transportation impact to access to a
military reservation, the Secretary of Defense shall conduct a
transportation needs assessment to assess the magnitude of the
improvement required to address the impact.''.
(b) Report on Recently Identified Transportation Impacts.--Not
later than April 1, 2009, the Secretary of Defense shall submit to the
congressional defense committees and the Committee on Transportation
and Infrastructure of the House of Representatives a report that
details the significant transportation impacts resulting from actions
of the Department of Defense since January 1, 2005. In the report, the
Secretary shall assess the funding requirements necessary to address
transportation needs resulting from these significant transportation
impacts.

SEC. 2816. PROTECTING PRIVATE PROPERTY RIGHTS DURING DEPARTMENT OF
DEFENSE LAND ACQUISITIONS.

(a) Protection of Private Property.--The Secretary of Defense and
the Secretaries of the military departments shall make every reasonable
effort to acquire real property expeditiously by negotiation. Real
property offered shall meet the requirements of Secretary-approved real
property acquisition plans.
(b) Willing Sellers.--The Secretary of Defense or the Secretary of
a military department shall not be precluded from acquiring real
property from willing sellers so long as the real property offered meet
the requirements of Secretary-approved real property acquisition plans.

Subtitle C--Provisions Related to Guam Realignment

SEC. 2821. GUAM DEFENSE POLICY REVIEW INITIATIVE ACCOUNT.

(a) Establishment of Account.--There is established on the books of
the Treasury an account to be known as the ``Guam Defense Policy Review
Initiative Account'' (in this section referred to as the ``account'').
(b) Credits to Account.--
(1) Amounts in fund.--There shall be credited to the
account all contributions received during fiscal year 2009 and
subsequent fiscal years under section 2350k of title 10, United
States Code, for the realignment of military installations and
the relocation of military personnel on Guam.
(2) Notice of receipt of contributions.--The Secretary of
Defense shall submit to the congressional defense committees
written notice of the receipt of contributions referred to in
paragraph (1), including the amount of the contributions, not
later than 30 days after receiving the contributions.
(c) Use of Account.--
(1) Authorized uses.--Subject to paragraph (2), to the
extent provided in advance in appropriations Acts, amounts in
the account may be used as follows:
(A) To carry out or facilitate the carrying out of
a transaction authorized by this section in connection
with the realignment of military installations and the
relocation of military personnel on Guam, including
military construction, military family housing,
unaccompanied housing, general facilities constructions
for military forces, and utilities improvements.
(B) To carry out improvements of property or
facilities on Guam as part of such a transaction.
(C) To obtain property support services for
property or facilities on Guam resulting from such a
transaction.
(D) To develop military facilities or training
ranges in the Commonwealth of the Northern Mariana
Islands.
(2) Compliance with guam master plan.--Transactions
authorized by paragraph (1) shall be consistent with the Guam
Master Plan, as incorporated in decisions made in the manner
provided in section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332).
(3) Limitation regarding military housing.--To extent that
the authorities provided under subchapter IV of chapter 169 of
title 10, United States Code, are available to the Secretary of
Defense, the Secretary shall use such authorities to acquire,
construct, or improve family housing units, military
unaccompanied housing units, or ancillary supporting facilities
in connection with the relocation of military personnel on
Guam.
(4) Special requirements regarding use of contributions.--
(A) Treatment of contributions.--Except as provided
in subparagraph (C), the use of contributions referred
to in subsection (b)(1) shall not subject to conditions
imposed on the use of appropriated funds by chapter 169
of title 10, United States Code, or contained in annual
military construction appropriations Acts.
(B) Notice of obligation.--Contributions referred
to in subsection (b)(1) may not be obligated for a
transaction authorized by paragraph (1) until the
Secretary of Defense submits to the congressional
defense committees notice of the transaction, including
a detailed cost estimate, and a period of 21 days has
elapsed after the date on which the notification is
received by the committees or, if earlier, a period of
14 days has elapsed after the date on which a copy of
the notification is provided in an electronic medium.
(C) Cost and scope of work variations.--Section
2853 of title 10, United States Code, shall apply to
the use of contributions referred to in subsection
(b)(1).
(D) Compliance with wage rate requirements.--
Subchapter IV of chapter 31 of title 40, United States
Code, shall apply to the use of contributions referred
to in subsection (b)(1).
(d) Transfer Authority.--
(1) Transfer to housing funds.--The Secretary of Defense
may transfer funds from the Guam Defense Policy Review
Initiative Account to the following funds:
(A) The Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of
title 10, United States Code.
(B) The Department of Defense Military
Unaccompanied Housing Improvement Fund established by
section 2883(a)(2) of such title.
(2) Treatment of transferred amounts.--Amounts transferred
under paragraph (1) to a fund referred to in that paragraph
shall be available in accordance with the provisions of section
2883 of title 10, United States Code for activities on Guam
authorized under subchapter IV of chapter 169 of such title.
(e) Report Regarding Guam Military Construction.--Not later than
February 15 of each year, the Secretary of Defense shall submit to
Congress a report containing information on each military construction
project included in the budget submission for the next fiscal year
related to the realignment of military installations and the relocation
of military personnel on Guam. The Secretary shall present the
information in manner consistent with the presentation of projects in
the military construction accounts for each of the military departments
in the budget submission. The report shall also include projects
associated with the realignment of military installations and
relocation of military personnel on Guam that are included in the
future-years defense program pursuant to section 221 of title 10,
United States Code.

SEC. 2822. SENSE OF CONGRESS REGARDING USE OF SPECIAL PURPOSE ENTITIES
FOR MILITARY HOUSING RELATED TO GUAM REALIGNMENT.

(a) Nature of Special Purpose Entities.--It is the sense of
Congress that any Special Purpose Entity established to assist in the
provision of military family housing in connection with the realignment
of military installations and the relocation of military personnel on
Guam should--
(1) be operated, to the extent practicable, in the manner
provided for public-private ventures under subchapter IV of
chapter 169 of title 10, United States Code; and
(2) be conducted as joint ventures between Japanese and
United States private firms, except that any military family
housing venture carried out by such a joint venture should be
primarily managed by a United States private firm.
(b) Scope of Activities.--It is the sense of Congress that funding
for such a Special Purpose Entity should not be limited to only utility
improvements and the construction of military family housing in
connection with the realignment of military installations and the
relocation of military personnel on Guam.
(c) Utility Infrastructure Improvements.--It is the sense of
Congress that funding for such a Special Purpose Entity should support
proposed utility infrastructure improvements on Guam that incorporate
the civilian and military infrastructure into a single grid to realize
and maximize the effectiveness of the overall utility system.
(d) Military Family Housing.--It is the sense of Congress that the
building requirements imposed for any military family housing
constructed by such a Special Purpose Entity in connection with the
realignment of military installations and the relocation of military
personnel on Guam should be established by the Department of Defense in
accordance with current building standards that are used with other
projects.
(e) Special Purpose Entity Defined.--In this section, the term
``Special Purpose Entity'' means a wholly independent entity
established for a specific and limited purpose to facilitate the
realignment of military installations and the relocation of military
personnel on Guam.

SEC. 2823. SENSE OF CONGRESS REGARDING FEDERAL ASSISTANCE TO GUAM.

(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, in coordination with the Interagency Group on
Insular Areas, should enter into a memorandum of understanding with the
Government of Guam to identify, before the realignment of military
installations and the relocation of military personnel on Guam, local
funding requirements for civilian infrastructure development and other
needs related to the realignment and relocation. The memorandum of
understanding would stipulate the commitment of Federal agencies to
assist the Government of Guam in carrying out the Guam realignment in a
responsible and consistent manner.
(b) Interagency Group on Insular Areas Defined.--In this section,
the term ``Interagency Group on Insular Areas'' means the interagency
group established by Executive Order No. 13299 of May 12, 2003 (68 Fed.
Reg. 25477; 48 U.S.C. note prec. 1451). The term includes any sub-group
or working group of that interagency group.

SEC. 2824. COMPTROLLER GENERAL REPORT REGARDING INTERAGENCY
REQUIREMENTS RELATED TO GUAM REALIGNMENT.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report on the status of interagency coordination through the
Interagency Group on Insular Areas of budgetary requests to assist the
Government of Guam with its budgetary requirements related to the
realignment of military forces on Guam. The report shall address to
what extent and how the Interagency Group on Insular Areas will be able
to coordinate interagency budgets so the realignment of military forces
on Guam will meet the 2014 completion date as stipulated in the May
2006 security agreement between the United States and Japan.
(b) Interagency Group on Insular Areas Defined.--In this section,
the term ``Interagency Group on Insular Areas'' means the interagency
group established by Executive Order No. 13299 of May 12, 2003 (68 Fed.
Reg. 25477; 48 U.S.C. note prec. 1451). The term includes any sub-group
or working group of that interagency group.

SEC. 2825. ENERGY AND ENVIRONMENTAL DESIGN INITIATIVES IN GUAM MILITARY
CONSTRUCTION AND INSTALLATIONS.

(a) Leadership in Energy and Environmental Design Principles.--With
respect to all new military construction projects on Guam and military
housing to be constructed on Guam related to the realignment of
military forces on Guam, the Secretary of Defense shall require the
incorporation of design criteria promulgated in the Leadership in
Energy and Environmental Design Green Building Rating System, as
developed by the United States Green Building Council, to achieve not
less than the silver standard. This requirement shall apply regardless
of the source of funds for the project.
(b) Renewable Energy Goal.--The Secretary of Defense shall
establish a goal for the use of renewable energy sources on all
military installations on Guam. Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report containing the plan of the
Secretary to achieve the renewable energy goal. The report shall
identify the renewable sources of energy that will be utilized and
describe how the renewable sources will be utilized and installed at
military installations on Guam.

SEC. 2826. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT REGARDING
GUAM REALIGNMENT.

Not later than 180 days after the date of the enactment of this
Act, the Inspector General of the Department of Defense shall submit to
the congressional defense committees a report on the efforts of the
Inspector General to address potential waste and fraud associated with
the realignment of military forces on Guam.

SEC. 2827. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS FOR MILITARY BASE REUSE STUDIES AND COMMUNITY
PLANNING ASSISTANCE.

(a) Inclusion in Definition of Military Installation.--Section
2687(e)(1) of title 10, United States Code, is amended by inserting
after ``Virgin Islands,'' the following: ``the Commonwealth of the
Northern Mariana Islands,''.
(b) Inclusion of Facilities Owned and Operated by Commonwealth.--
Section 2391(d)(1) of title 10, United States Code, is amended by
inserting after ``Guam,'' the following: ``the Commonwealth of the
Northern Mariana Islands,''.

SEC. 2828. PREVAILING WAGE APPLICABLE TO GUAM.

(a) In General.--Subchapter I of chapter 169 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2816. Application of prevailing wage for construction on Guam
``Subchapter IV of chapter 31 of title 40, United States Code,
shall apply to any military construction authorized under this chapter
of any facilities on Guam. In order to carry out the requirements of
this section, the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Number 14 of 1950 and
section 3145 of title 40, United States Code.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:

``2816. Application of prevailing wage for construction on Guam.''.

SEC. 2829. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM.

(a) In General.--The Secretary of Transportation, acting through
the Administrator of the Maritime Administration (in this section
referred to as the ``Administrator''), may establish a Port of Guam
Improvement Enterprise Program (in this section referred to as the
``Program'') to provide for the planning, design, and construction of
projects for the Port of Guam to improve facilities, relieve port
congestion, and provide greater access to port facilities.
(b) Authorities of the Administrator.--In carrying out the Program,
the Administrator may--
(1) receive funds provided for the Program from non-Federal
entities, including private entities;
(2) provide for coordination among appropriate governmental
agencies to expedite the review process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
projects carried out under the Program;
(3) provide for coordination among appropriate governmental
agencies in connection with other reviews and requirements
applicable to projects carried out under the Program; and
(4) provide technical assistance to the Port Authority of
Guam (and its agents) as needed for projects carried out under
the Program.
(c) Port of Guam Improvement Enterprise Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account to be known as the ``Port
of Guam Improvement Enterprise Fund'' (in this section referred
to as the ``Fund'').
(2) Deposits.--There shall be deposited into the Fund--
(A) amounts received by the Administrator from non-
Federal sources under subsection (b)(1);
(B) amounts transferred to the Administrator under
subsection (d); and
(C) amounts appropriated to carry out this section
under subsection (f).
(3) Use of amounts.--Amounts in the Fund shall be available
to the Administrator to carry out the Program.
(4) Administrative expenses.--Not to exceed 3 percent of
the amounts appropriated to the Fund for a fiscal year may be
used for administrative expenses of the Administrator.
(5) Availability of amounts.--Amounts in the Fund shall
remain available until expended.
(d) Transfers of Amounts.--Amounts appropriated or otherwise made
available for any fiscal year for an intermodal or marine facility
comprising a component of the Program shall be transferred to and
administered by the Administrator.
(e) Limitation.--Nothing in this section shall be construed to
authorize amounts made available under section 215 of title 23, United
States Code, or any other amounts made available for the construction
of highways or amounts otherwise not eligible for making port
improvements to be deposited into the Fund.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary to carry out
this section.

Subtitle D--Energy Security

SEC. 2841. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY-RELATED
PROJECTS.

Section 2667(h) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) If a proposed lease under subsection (a) involves a project
related to energy production and the term of the lease exceeds 20
years, the Secretary concerned may not enter into the lease until at
least 30 days after the date on which the Secretary of Defense submits
to the congressional defense committees a certification that the lease
is consistent with the Department of Defense performance goals and plan
required by section 2911 of this title.''.

SEC. 2842. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS ENERGY
MANAGEMENT.

Section 2925(a) of title 10, United States Code, is amended--
(1) by striking the subsection heading and inserting the
following: ``Annual Report Related to Installations Energy
Management.--'';
(2) in paragraph (1), by inserting ``, the Energy
Independence and Security Act of 2007 (Public Law 110-140),''
after ``58)''; and
(3) by adding at the end the following new paragraph:
``(6) A description and estimate of the progress made by
the military departments to meet the certification requirements
for sustainable green-building standards in construction and
major renovations.''.

Subtitle E--Land Conveyances

SEC. 2851. LAND CONVEYANCE, FORMER NAVAL AIR STATION, ALAMEDA,
CALIFORNIA.

(a) Conveyance Required.--The Secretary of the Navy shall convey to
the redevelopment authority for the former Naval Air Station Alameda,
California (in this section referred to as the ``redevelopment
authority''), all right, title and interest of the United States in and
to the real and personal property comprising Naval Air Station Alameda,
except those parcels identified for public benefit conveyance and
certain surplus lands at the Naval Air Station Alameda described in the
Federal Register on November 5, 2007. In this section, the real and
personal property to be conveyed under this section is referred to as
the ``NAS Property''.
(b) Multiple Conveyances.--The conveyance of the NAS Property may
be conducted through multiple parcel transfers.
(c) Consideration Options.--As consideration for the conveyance of
the NAS Property under subsection (a), the Secretary of the Navy and
the redevelopment authority shall agree upon one of the following
options:
(1) Not later than nine months after the date of the
enactment of this Act, the redevelopment authority shall accept
the consideration terms described in the document negotiated
between the redevelopment authority and the Secretary of the
Navy known as the draft ``Summary of Acquisition Terms and
Conditions'' and dated September 18, 2006, as such language may
be amended, with value to be determined for the portion of the
NAS Property known as Parcel 3, and subsequently make payments
to the Secretary in accordance with such document.
(2)(A) The redevelopment authority shall ensure that the
entity that acquires title to the NAS Property for development
(in this paragraph referred to as the ``development entity'')
submits to the Secretary of the Navy a down payment of
$10,000,000 dollars at the time the initial portion of the NAS
Property is conveyed to the development entity.
(B) In addition, the redevelopment entity shall submit to
the Secretary 12 percent of all gross residential and
commercial building sales to the first bona-fide, arms-length
third-party buyer, whether as new construction or the sale of
rehabilitated existing structures. In the event that the
development entity transfers all or any portion of the NAS
Property to a third party, including any subsidiaries, before
the completion of new or rehabilitated construction, the
development entity shall satisfy the payment requirement as
prescribed in this paragraph at such time as the NAS Property
is conveyed to a bona-fide, arms-length third-party buyer. This
obligation shall not apply to the sale of any buildings on land
held in the public trust by the State of California or sales of
land or buildings for the purposes of constructing or otherwise
providing affordable housing, as determined by the Secretary.
(3)(A) The redevelopment authority shall submit 80 percent
of the gross proceeds received by the redevelopment authority
from the redevelopment authority's competitive solicitation of
any portion of the NAS Property not encumbered by the public
trust.
(B) To comply with this paragraph, the redevelopment
authority shall--
(i) prepare, for review and approval by the
Secretary of the Navy, commercially reasonable
solicitation materials consisting of a request for
qualifications and a request for proposals for the
conveyance or lease of the NAS Property, as
appropriate, in accordance with established contract
principles, and such approval by the Secretary shall
not be unreasonably withheld; and
(ii) pay to the Secretary the required share of
monies received by the redevelopment authority by
reason of any contract or agreement executed as a
result of the solicitation.
(d) Existing Uses.--During the three-year period beginning on the
date on which the first conveyance under this section is made, the
redevelopment authority shall make reasonable efforts to accommodate
the continued use by the United States of those portions of the NAS
Property covered by a request for Federal Land Transfer so long as the
accommodation of such use is at no cost or expense to the redevelopment
authority. Such accommodations shall provide adequate protection for
the endangered California Least Tern in accordance with the
requirements of the existing Biological Opinion for Naval Air Station
Alameda dated March 22, 1999, and any future amendments to the
Biological Opinion.
(e) Remediation.--The Secretary of the Navy shall, to the extent
practicable, remediate the NAS Property to the standard included by the
Secretary and the redevelopment authority in the document referred to
in subsection (c)(1).
(f) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply
with, any environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(g) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under this section
shall be determined by a survey satisfactory to the Department.
(h) Master Lease.--The Lease in Furtherance of Conveyance, dated
June 2000, as amended, between the Secretary of the Navy and the
redevelopment authority shall remain in full force and effect until
conveyance of the NAS Property in accordance with this section, and a
lease amendment recognizing this section shall be offered by the
Secretary.
(i) Treatment of Amounts Received.--Amounts received by the United
States under this section shall be credited to the fund or account
intended to receive proceeds from the disposal of the NAS Property
pursuant to 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).
(j) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance under subsections (a) as the Secretary considers appropriate
to protect the interests of the United States.

SEC. 2852. LAND CONVEYANCE, NORWALK DEFENSE FUEL SUPPLY POINT, NORWALK,
CALIFORNIA.

(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the City of Norwalk, California (in
this section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, consisting of approximately 10 acres of
the Norwalk Defense Fuel Supply Point in Norwalk, California, for the
purpose of permitting the City to utilize the property for recreational
purposes as an addition to the adjacent Holifield Park. In connection
with the conveyance, the Secretary may make a payment to the City to
assist the City in making municipal upgrades in the vicinity of the
Norwalk Defense Fuel Supply Point.
(b) Environmental Remediation.--The Secretary shall manage and
carry out environmental remediation activities with respect to the
property to be conveyed under subsection (a) that, at a minimum,
achieve the standard sufficient to allow the property to be used for
the purposes specified in such subsection. The Secretary shall endeavor
to enter into an agreement with the holder of an easement on the
property to ensure that the easement holder participates in the
remediation of the property.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under subsection (a), including survey costs,
costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the City in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(e) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply
with, any environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.

SEC. 2853. LAND CONVEYANCE, FORMER NAVAL STATION, TREASURE ISLAND,
CALIFORNIA.

(a) Conveyance Authorized.--The Secretary of the Navy shall convey
to the redevelopment authority for former Naval Station, Treasure
Island, California (in this section referred to as the ``redevelopment
authority''), all right, title, and interest of the United States in
and to a parcel of real property consisting of those portions of the
former Naval Station still retained by the Navy as of the date of the
enactment of this Act and personal property and related utilities and
improvements thereon.
(b) Consideration.--As consideration for the conveyance of the
property under subsection (a), the Secretary and the redevelopment
authority shall agree upon at least one of the following options:
(1) Subject to subsection (c), the redevelopment authority
shall assume the remaining obligations of the Department of
Defense to address releases or threatened releases of hazardous
substances and petroleum and its constituents, to the extent
necessary to obtain regulatory closure from relevant California
and Federal environmental regulatory agencies, including a
CERCLA covenant deferral by the Governor of the State of
California.
(2) The redevelopment authority shall pay the United States
a share of the gross revenues that the redevelopment authority
receives from third-party buyers or lessees from sales and
long-term leases of the conveyed property.
(c) Environmental Remediation Exceptions.--Under the consideration
option provided by subsection (b)(1), the redevelopment authority shall
not be required to accept any responsibility for--
(1) ordnance, explosives, munitions or similar devices or
materials located on the conveyed property;
(2) radiological materials located on the conveyed
property, where those materials were not identified before the
conveyance under subsection (a) and were authorized to remain
in place subject to the establishment of institutional controls
enforced by a covenant with the California Department of Toxic
Substances Control and deed restrictions to the property
recipient;
(3) chemical or biological weapons or constituents thereof
located on the conveyed property; and
(4) releases of hazardous substances and petroleum and its
constituents located on the conveyed property, if the release
of the hazardous substances or petroleum and its constituents
was not discovered at the time of the conveyance and the costs
of remediation of such unknown releases is not covered by
environmental insurance procured by or benefitting the
redevelopment authority.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
redevelopment authority to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by
the Secretary, to carry out the conveyance under subsection
(a), including survey costs, appraisal costs, and other costs
related to the conveyance. If amounts are collected from the
redevelopment authority in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the
redevelopment authority.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a), and
not refunded under such paragraph, shall be--
(A) counted toward the consideration otherwise
required from the redevelopment authority under
subsection (b); and
(B) credited to the fund or account that was used
to cover the costs incurred by the Secretary in
carrying out the conveyance.
(3) Use of amounts received.-- Amounts credited to a fund
or account under paragraph (2)(B) shall be merged with amounts
in the fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(e) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply
with, any environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsections (a) as the Secretary considers appropriate to protect
the interests of the United States, so long as such additional terms
and conditions do not materially change the terms and conditions of
this section, including the consideration to be provided the United
States under subsection (b).

SEC. 2854. CONDITION ON LEASE INVOLVING NAVAL AIR STATION, BARBERS
POINT, HAWAII.

As a condition of any lease executed by the Secretary of the Navy
pursuant to section 2843 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2482)
with Ford Island Properties/Hunt Development involving the former Naval
Air Station, Barbers Point, Hawaii, the Secretary of the Navy shall
require that Ford Island Properties/Hunt Development enter into a
memorandum of understanding with the Hawaii Community Development
Authority to ensure that the development plan for the real property
covered by the lease conforms with the final Kalaeloa Master Plan and
appropriate land use controls of the Hawaii Community Development
Authority.

SEC. 2855. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS ARMY
RESERVE CENTER, SPRINGFIELD, OHIO.

(a) Conveyance Authorized.--At such time as the Army Reserve
vacates the Sergeant First Class M.L. Downs Army Reserve Center at 1515
West High Street in Springfield, Ohio, the Secretary of the Army may
convey, without consideration, to the City of Springfield, Ohio (in
this section referred to as the ``City''), all right, title, and
interest of the United States in and to the parcel of real property,
including improvements thereon, containing the Reserve Center for the
purpose of permitting the City to utilize the property for municipal
government activities.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance, all right, title, and
interest in and to such real property, including any improvements and
appurtenant easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and the United
States shall have the right of immediate entry onto such real property.
A determination by the Secretary under this subsection shall be made on
the record after an opportunity for a hearing.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under subsection (a), including survey costs,
costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the City in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(e) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.

SEC. 2856. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY, TENNESSEE.

(a) Conveyance Authorization.--The Secretary of the Army may
convey, without consideration, to the State of Tennessee all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon and appurtenant easements
thereto, consisting of approximately 124 acres known as the John Sevier
Range in Knox County, Tennessee, if the State agrees to use such real
property as a public firing range and for associated recreational
activities.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the terms of the conveyance, all right, title, and
interest in and to such real property, including any improvements and
appurtenant easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and the United
States shall have the right of immediate entry onto such real property.
A determination by the Secretary under this subsection shall be made on
the record after an opportunity for a hearing.
(c) Administrative Expenses.--In accordance with section 2695 of
title 10, United State Code, the Secretary may accept amounts provided
by the State to cover administrative expenses incurred by the Secretary
with respect to the conveyance authorized under subsection (a),
including survey expenses, expenses related to environmental
documentation, and other administrative expenses related to such
conveyance. Such amounts shall be credited, pursuant to subsection (c)
of section 2695 of such title, to the appropriation, fund, or account
from which such expenses were paid. If amounts are collected from the
State in advance of the Secretary incurring such expenses, and the
amount collected exceeds the expenses actually incurred by the
Secretary, the Secretary shall refund the excess amount to the State.
(d) Description of Property.--The exact acreage and legal
description of the real property authorized to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary and the State.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
authorized under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.

SEC. 2857. LAND CONVEYANCE, BUREAU OF LAND MANAGEMENT LAND, CAMP
WILLIAMS, UTAH.

(a) Conveyance Required.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Interior, acting
through the Bureau of Land Management, shall convey, without
consideration, to the State of Utah all right, title, and interest of
the United States in and to certain lands comprising approximately 431
acres, as generally depicted on a map entitled ``Proposed Camp Williams
Land Transfer'' and dated March 7, 2008, which are located within the
boundaries of the public lands currently withdrawn for military use by
the Utah National Guard and known as Camp Williams, Utah, for the
purpose of permitting the Utah National Guard to use the conveyed land
as provided in subsection (c).
(b) Revocation of Executive Order.--Executive Order No. 1922 of
April 24, 1914, as amended by section 907 of the Camp W.G. Williams
Land Exchange Act of 1989 (title IX of Public Law 101-628; 104 Stat.
4501), shall be revoked, only insofar as it affects the lands
identified for conveyance to the State of Utah under subsection (a).
(c) Reversionary Interest.--The lands conveyed to the State of Utah
under subsection (a) shall revert to the United States if the Secretary
of the Interior determines that the land, or any portion thereof, is
sold or attempted to be sold, or that the land, or any portion thereof,
is used for non-National Guard or non-national defense purposes. Any
determination by the Secretary of the Interior under this subsection
shall be made in consultation with the Secretary of Defense and the
Governor of Utah and on the record after an opportunity for comment.
(d) Hazardous Materials.--With respect to any portion of the land
conveyed under subsection (a) that the Secretary of the Interior
determines is subject to reversion under subsection (c), if the
Secretary of the Interior also determines that the portion of the
conveyed land contains hazardous materials, the State of Utah shall pay
the United States an amount equal to the fair market value of that
portion of the land, and the reversionary interest shall not apply to
that portion of the land.

SEC. 2858. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, UTAH.

(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Utah on behalf of the Utah
National Guard (in this section referred to as the ``State'') all
right, title, and interest of the United States in and to two parcels
of real property, including any improvements thereon, that are located
within the boundaries of Camp Williams, Utah, consist of approximately
608 acres and 308 acres, respectively, and are identified in the Utah
National Guard master plan as being necessary acquisitions for future
missions of the Utah National Guard.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a), or any portion
thereof, has been sold or is being used solely for non-defense,
commercial purposes, all right, title, and interest in and to the
property shall revert, at the option of the Secretary, to the United
States, and the United States shall have the right of immediate entry
onto the property. It is not a violation of the reversionary interest
for the State to lease the property, or any portion thereof, to
private, commercial, or governmental interests if the lease facilitates
the construction and operation of buildings, facilities, roads, or
other infrastructure that directly supports the defense missions of the
Utah National Guard. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity for a
hearing.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the State in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the State.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(d) Description of Real Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.

SEC. 2859. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC TRAIL THROUGH
FORT BELVOIR, VIRGINIA.

(a) Agreement Authority.--The Secretary of the Army may enter into
a revocable at will easement with the Secretary of the Interior to
provide land along the perimeter of Fort Belvoir, Virginia, to be used
as a segment the Potomac Heritage National Scenic Trail.
(b) Selection Criteria.--In determining the extent of the easement,
the Secretary of the Army shall provide for a single trail, and select
alignments of the trail, along the perimeter of Fort Belvoir. In making
that determination, the Secretary shall consider--
(1) the perimeter security requirements to protect the
assets, people, and agency missions located at Fort Belvoir;
(2) the appropriate setback from adjacent roadways to
provide for a safe and enjoyable experience for users of the
trail; and
(3) any planned future expansion of roadways, including
United States Route 1, so that the trail will not be adversely
impacted by roadway construction.
(c) Trail Administration and Management.--Any segment of the
Potomac Heritage National Scenic Trail along the perimeter of Fort
Belvoir shall be administered by the Secretary of the Interior, acting
through the National Park Service, and shall be managed by the
Secretary of the Army, by an appropriate local agency, or by any other
party mutually acceptable to the Secretary of the Army and the National
Park Service. A written agreement confirming this management
arrangement shall be co-signed by the parties to the easement
agreement.

SEC. 2860. TRANSFER OF ADMINISTRATIVE JURISDICTION, DECOMMISSIONED
NAVAL SECURITY GROUP ACTIVITY, SKAGGS ISLAND, CALIFORNIA.

(a) Transfer Memorandum of Agreement.--The Secretary of the Navy
and the Secretary of the Interior shall negotiate a memorandum of
agreement that stipulates the conditions upon which the decommissioned
Naval Security Group Activity, Skaggs Island, Sonoma, California shall
be transferred from the administrative jurisdiction of the Department
of the Navy to the United States Fish and Wildlife Service for
inclusion in the National Wildlife Refuge System.
(b) Acceptance of Donations; Use.--The Secretary of the Navy and
the Secretary of the Interior may accept contributions from the State
of California and other entities to help cover the costs of demolishing
and removing structures on the property described in subsection (a) and
to facilitate future environmental restoration that furthers the
ultimate end use of the property for conservation purposes. Amounts
received may be merged with other amounts available to the Secretaries
to carry out this section and shall remain available, without further
appropriation and until expended.

Subtitle F--Other Matters

SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO
ARLINGTON NATIONAL CEMETERY.

Section 2881(h)(1) of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879),
as amended by section 2871 of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
561), is further amended by striking ``January 1, 2011'' and inserting
``January 1, 2012''.

SEC. 2872. DECONTAMINATION AND USE OF FORMER BOMBARDMENT AREA ON ISLAND
OF CULEBRA.

Section 204 of the Military Construction Authorization Act, 1974
(Public Law 93-166; 87 Stat. 668) is amended by striking subsection
(c).

SEC. 2873. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF ADDITIONAL
BUILDING AT NATIONAL MUSEUM OF THE UNITED STATES AIR
FORCE, WRIGHT-PATTERSON AIR FORCE BASE.

(a) Acceptance Authorized.--The Secretary of the Air Force may
accept from the Air Force Museum Foundation, a private nonprofit
corporation, gifts in the form of cash, treasury instruments, or
comparable United States securities for the purpose of paying the costs
of design and construction of a fourth building for the National Museum
of the United States Air Force at Wright-Patterson Air Force Base,
Ohio. In making a gift, the Air Force Museum Foundation may specify
that all or part of the amount of the gift be utilized solely for the
purpose of the design and construction of a particular portion of the
building.
(b) Escrow Account.--
(1) Deposit of gifts.--The Secretary of the Air Force,
acting through the Director of Financial Management of the Air
Force Materiel Command (in this section referred to as the
``Director''), shall deposit the amount of any gift accepted
under subsection (a) in an escrow account established for that
purpose.
(2) Investment.--Amounts in the escrow account not required
to meet current requirements of the account shall be invested
in public debt securities with maturities suitable to the needs
of the account, as determined by the Director, and bearing
interest at rates that take into consideration current market
yields on outstanding marketable obligations of the United
States of comparable securities. The income on such investments
shall be credited to and form a part of the account.
(3) Liquidation.--Upon final payment of all invoices and
claims associated with the design and construction of the
building described in subsection (a), the Secretary shall
terminate the escrow account. Any amounts remaining in the
account upon termination shall be available to the Secretary,
in such amounts as are provided in advance in appropriations
Acts, for such purposes as the Secretary considers appropriate.
(c) Use of Gifts.--
(1) Design and construction.--The Director shall use
amounts in the escrow account, including income on investments,
to pay the costs of the design and construction of a fourth
building for the National Museum of the United States Air
Force, including progress payments for such design and
construction, subject to any conditions imposed by the Air
Force Museum Foundation under subsection (a). Amounts in the
account shall be available to the Director, in such amounts as
are provided in advance in appropriations Acts, until expended.
(2) Time for payment.--Amounts shall be payable under
paragraph (1) upon receipt by the Director of a notification
from the technical representative of the contracting officer
that construction activities for which such amounts are payable
under paragraph (1) have been undertaken. To the maximum extent
practicable consistent with good business practice, the
Director shall limit payment of amounts from the account in
order to maximize the return on investment of amounts in the
account.
(d) Limitation on Contracts.--The Secretary of the Air Force may
not initiate a contract for the design or construction of a particular
portion of the building described in subsection (a) until amounts in
the escrow account are sufficient to cover the amount of the contract.

SEC. 2874. ESTABLISHMENT OF MEMORIAL TO AMERICAN RANGERS AT FORT
BELVOIR, VIRGINIA.

(a) Authority to Establish Memorial.--The Secretary of the Army may
permit the American Ranger Memorial Association, Inc., to establish and
maintain, at a suitable location on Fort Belvoir, Virginia, a national
memorial to honor the sacrifice and service of American Rangers during
their almost four hundred years of existence.
(b) Location and Design.--The actual location and final design of
the memorial authorized by subsection (a) shall be subject to the
approval of the Secretary. In selecting the location, the Secretary
shall seek to maximize visitor access to the resulting memorial.
(c) Maintenance.--The maintenance of the memorial authorized by
subsection (a) by the American Ranger Memorial Association, Inc., shall
be subject to such conditions regarding access to the memorial, and
such other conditions, as the Secretary considers appropriate to
protect the interests of the United States.
(d) Limitation on Payment of Expenses.--The United States
Government shall not pay any expense for the establishment or
maintenance of the memorial authorized by subsection (a).

SEC. 2875. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR NAVAL
BASE, HAWAII.

(a) Lease.--The Secretary of the Navy shall enter into a lease with
the USS Missouri Memorial Association to authorize the USS Missouri
Memorial Association to use the pier Foxtrot Five and related real
property on Ford Island, Pearl Harbor Naval Base, Hawaii, during
calendar years 2009 and 2010.
(b) Consideration.--The lease required by subsection (a) shall be
made without consideration.
(c) Condition on Use of Leased Property.--As a condition on the
lease under subsection (a), the USS Missouri Memorial Association shall
agree to preserve and maintain the USS Missouri for education purposes,
historic preservation, and community outreach.
(d) Effect of Violation.--If the Secretary determines at any time
that the USS Missouri Memorial Association is not in compliance with
the condition imposed by subsection (c), the Secretary may terminate
the lease referred to in subsection (a). Any determination of the
Secretary under this subsection shall be made on the record after an
opportunity for a hearing.

SEC. 2876. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA.

The health facility located at 301 Andrews Avenue in Fort Rucker,
Alabama, shall be known and designated as the ``Lyster Army/VA Health
Clinic''. Any reference in a law, map, regulation, document, paper, or
other record of the United States to such facility shall be deemed to
be a reference to the Lyster Army/VA Health Clinic.

TITLE XXIX--ADDITIONAL WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS FOR FISCAL YEAR 2008

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alaska....................... Fort Wainwright.......... $17,000,000
California................... Fort Irwin............... $11,800,000
Colorado..................... Fort Carson.............. $8,400,000
Georgia...................... Fort Benning............. $30,500,000
Fort Gordon.............. $39,800,000
Hawaii....................... Schofield Barracks....... $12,500,000
Kentucky..................... Fort Campbell............ $9,900,000
Fort Knox................ $7,400,000
Missouri..................... Fort Leonard Wood........ $50,000,000
North Carolina............... Fort Bragg............... $8,500,000
Oklahoma..................... Fort Sill................ $9,000,000
South Carolina............... Fort Jackson............. $27,000,000
Texas........................ Fort Bliss............... $17,300,000
Fort Hood................ $7,200,000
Fort Sam Houston......... $54,000,000
Virginia..................... Fort Eustis.............. $50,000,000
Fort Lee................. $7,400,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Afghanistan.................. Various Locations........ $54,000,000
Iraq......................... Baghdad.................. $13,000,000
Camp Adder............... $13,200,000
Camp Ramadi.............. $6,200,000
Fallujah................. $5,500,000
------------------------------------------------------------------------

(c) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated on or after the date of the enactment of this Act
for military construction, land acquisition, and military family
housing functions of the Department of the Army in the total amount of
$440,700,000 as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $367,700,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $67,000,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $6,000,000.

SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Camp Pendleton................................. $19,962,000
China Lake..................................... $7,210,000
Point Mugu..................................... $7,250,000
San Diego...................................... $17,930,000
San Diego, Marine Corps Recruit Depot.......... $43,200,000
Twentynine Palms............................... $12,324,000
Florida....................................... Eglin Air Force Base........................... $780,000
Mississippi................................... Gulfport...................................... $6,570,000
North Carolina................................ Camp Lejeune................................... $27,980,000
Parris Island Marine Corps Recruit Depot....... $16,000,000
Virginia...................................... Yorktown....................................... $8,070,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

(c) Authorization of Appropriations.--Subject to section 2825 of
title 10, United States Code, funds are hereby authorized to be
appropriated on or after the date of the enactment of this Act for
military construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount of
$197,618,000 as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $171,176,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $22,390,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $4,052,000.
(4) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$11,766,000.

SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:

Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Oman...................................... Masirah Air Base.................................. $6,300,000
Qatar..................................... Al Udeid.......................................... $100,400,000
----------------------------------------------------------------------------------------------------------------

(c) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated on or after the date of the enactment of this Act
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force in the total
amount of $150,927,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $42,800,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $106,700,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $1,427,000.

SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (b)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia................................... Fort Benning...................................... $350,000,000
Kansas.................................... Fort Riley........................................ $404,000,000
North Carolina............................ Camp Lejeune...................................... $122,000,000
----------------------------------------------------------------------------------------------------------------

(b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated on or after the date of the enactment of this Act
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments) in the total amount of $956,000,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $876,000,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $80,000,000.

SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2008 ARMY
PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.

The table in section 2901(b) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 570) is amended--
(1) in the item relating to Bagram Air Base, Afghanistan,
by striking ``$249,600,000'' in the amount column and inserting
``$195,600,000'';
(2) in the item relating to Camp Adder, Iraq, by striking
``$80,650,000'' in the amount column and inserting
``$75,800,000'';
(3) in the item relating to Camp Anaconda, Iraq, by
striking ``$53,500,000'' in the amount column and inserting
``$10,500,000'';
(4) in the item relating to Camp Victory, Iraq, by striking
``$65,400,000'' in the amount column and inserting
``$60,400,000'';
(5) by striking the item relating to Tikrit, Iraq; and
(6) in the item relating to Camp Speicher, Iraq, by
striking ``$83,900,000'' in the amount column and inserting
``$74,100,000''.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2009 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$9,301,922,000, to be allocated as follows:
(1) For weapons activities, $6,609,639,000.
(2) For defense nuclear nonproliferation activities,
$1,455,148,000.
(3) For naval reactors, $828,054,000.
(4) For the Office of the Administrator for Nuclear
Security, $409,081,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 09-D-404, Test Capabilities Revitalization,
Phase 2, Sandia National Laboratories, New Mexico,
$3,000,000.
Project 08-D-806, Ion Beam Laboratory
Refurbishment, Sandia National Laboratories, New
Mexico, $10,014,000.
(2) For naval reactors, the following new plant projects:
Project 09-D-902, Naval Reactor Facilities
Production Support Complex, Naval Reactors Facility,
Idaho, $8,300,000.
Project 09-D-190, KAPL Infrastructure Upgrades,
Schenectady, New York, $1,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2009 for defense environmental cleanup
activities in carrying out programs necessary for national security in
the amount of $5,317,256,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2009 for other defense activities in carrying
out programs necessary for national security in the amount of
$1,321,461,000, of which $487,008,000 is for construction of the Mixed
Oxide Fuel Fabrication Facility at the Savannah River Site, South
Carolina, and associated program activities and functions.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2009 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$247,371,000.

SEC. 3105. ENERGY SECURITY AND ASSURANCE.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2009 for energy security and assurance programs
necessary for national security in the amount of $7,622,000.

Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE RUSSIAN
PLUTONIUM DISPOSITION PROGRAM.

(a) In General.--The Secretary of Energy may, in consultation with
the Secretary of State, enter into one or more agreements with any
person (including a foreign government, international organization, or
multinational entity) that the Secretary of Energy considers
appropriate, under which the person contributes funds for the effective
and transparent disposition of excess weapon-grade Russian plutonium in
the Russian Federation, known as the Russian Plutonium Disposition
Program.
(b) Retention and Use of Amounts.--Subject to the availability of
appropriations, the Secretary of Energy may retain and use amounts
contributed under an agreement under subsection (a) for purposes of the
Russian Plutonium Disposition Program. Amounts so contributed shall be
retained in a separate fund established in the Treasury for such
purposes, subject to the availability of appropriations, consistent
with an agreement under subsection (a).
(c) Return of Amounts Not Used Within 5 Years.--If an amount
contributed under an agreement under subsection (a) is not used under
this section within 5 years after it was contributed, the Secretary of
Energy shall return that amount to the person who contributed it.
(d) Notice to Appropriate Congressional Committees.--Not later than
30 days after the receipt of an amount contributed under subsection
(b), the Secretary of Energy shall submit to the appropriate
congressional committees a notice specifying the purpose and value of
the contribution and identifying the person who contributed it. The
Secretary may not use such amount until 15 days after the notice is
submitted.
(e) Annual Report.--Not later than October 31 of each year,
beginning in the fiscal year in which the first contributions are
retained under subsection (b), the Secretary of Energy shall submit to
the appropriate congressional committees a report on the receipt and
use of amounts under this section during the preceding fiscal year.
Each report for a fiscal year shall set forth--
(1) a statement of any amounts received under this section,
including, for each such amount, the value of the contribution
and the person who contributed it;
(2) a statement of any amounts used under this section,
including, for each such amount, the purposes for which the
amount was used; and
(3) a statement of the amounts retained but not used under
this section including, for each such amount, the purposes (if
known) for which the Secretary intends to use the amount.
(f) Expiration.--The authority to accept, retain, and use
contributions under this section shall expire on December 31, 2013.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.

SEC. 3112. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL REPORT ON
DEPARTMENT OF ENERGY PROTECTIVE FORCE MANAGEMENT.

Section 3124(a)(1) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 580) is amended by
striking ``Not later than 180 days after the date of the enactment of
this Act,'' and inserting ``No later than March 1, 2009,''.

SEC. 3113. ENHANCING NUCLEAR FORENSICS CAPABILITIES.

(a) NNSA Fellowship Program for Graduate Students in Nuclear
Chemistry.--
(1) In general.--The Administrator for Nuclear Security
shall establish a fellowship program for graduate students who
are Ph.D. candidates in the field of nuclear chemistry.
(2) Sense of congress.--It is the sense of Congress that
the fellowship program should--
(A) support at least six graduate students per
year; and
(B) require each graduate student to spend at least
two summers in a national security laboratory over the
course of the program.
(3) Funding.--Of the amounts appropriated pursuant to an
authorization of appropriations in this Act or otherwise made
available from amounts for weapons activities from the National
Nuclear Security Administration for national technical nuclear
forensics for fiscal year 2009, $3,000,000 shall be available
to establish the fellowship program.
(4) Plan.--No later than February 1, 2009, the
Administrator shall submit to the congressional defense
committees a plan describing the costs of continuing the
program for fiscal year 2010 and thereafter.
(b) NNSA Research and Development Program on Nuclear Forensics
Radiation-Measurement Equipment.--
(1) In general.--The Administrator for Nuclear Security
shall carry out a research and development program to improve
the speed and accuracy of nuclear forensics radiation-
measurement equipment.
(2) Funding.--Of the amounts appropriated pursuant to an
authorization of appropriations in this Act or otherwise made
available from amounts for weapons activities from the National
Nuclear Security Administration for national technical nuclear
forensics for fiscal year 2009, $2,000,000 shall be available
to carry out the research and development program.
(3) Plan.--No later than February 1, 2009, the
Administrator shall submit to the congressional defense
committees a plan for the research and development program,
including a description of the costs of continuing the program
for fiscal year 2010 and thereafter.
(c) Research and Development Plan for Nuclear Forensics and
Attribution.--
(1) Research and development.--The Secretary of Energy
shall prepare a research and development plan to prioritize
research and development efforts in the Department of Energy,
and at the national laboratories overseen by offices of the
Department of Energy, on the technical capabilities required--
(A) to enable a robust and timely nuclear forensic
response to a nuclear explosion or to the interdiction
of nuclear material or a nuclear weapon anywhere in the
world; and
(B) to develop an international database containing
data on nuclear material, to enable the attribution of
nuclear material or a nuclear weapon to its source.
(2) Reports.--
(A) The Secretary of Energy shall submit to the
congressional defense committees--
(i) not later than 6 months after the date
of enactment of this Act, a report on the
contents of the research and development plan
described in paragraph (1), and any legislative
changes required to implement the plan; and
(ii) not later than 18 months after the
date of enactment of this Act, a report on the
implementation status of the plan.
(B) The Secretary shall submit each report required
by this subsection in unclassified form, but may
include a classified annex with such report.
(d) Additional Information to Be Included in Report on Nuclear
Forensics Capabili1ties.--Section 3129(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
585) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) any legislative, regulatory, or treaty actions
necessary to facilitate international cooperation in
enhancement of international nuclear-material databases and the
linking of those databases to enable prompt data access.''.
(e) Report on Nuclear Forensics Advisory Panel.--
(1) Establishment.--The Secretary of Defense, in
consultation with the Secretary of Energy and the Secretary of
Homeland Security, shall submit a report describing a joint
recommendation for establishing an independent Nuclear
Forensics Advisory Panel of recognized experts not directly
associated with the Federal laboratories.
(2) Role of independent panel.--The function of such an
independent panel should be to provide independent validation
of any Federal nuclear forensics analysis.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretaries referred to in paragraph
(1) shall submit a report on the structure and membership of
the panel required by that paragraph. The report shall be
submitted to--
(A) the Committee on Appropriations, Committee on
Armed Services, and Committee on Homeland Security of
the House of Representatives; and
(B) the Committee on Appropriations, Committee on
Armed Services, and Committee on Homeland Security and
Government Affairs of the Senate.
(f) Presidential Report on Involvement of Senior-Level Executive
Branch Leadership in Certain Exercises That Include Nuclear Forensics
Analysis.--Not later than 90 days after the date of the enactment of
this Act, the President shall submit a report on the involvement of
senior-level executive branch leadership in planned nuclear terrorism
preparedness exercises that have nuclear forensics analysis as a
component of the exercise. The report shall be submitted to--
(1) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Homeland Security of the House
of Representatives; and
(2) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Homeland Security and Government
Affairs of the Senate.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2009,
$25,499,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $19,099,000 for fiscal year 2009 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.

TITLE XXXV--MARITIME ADMINISTRATION

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.

Funds are hereby authorized to be appropriated for fiscal year
2009, to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation
for the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $117,848,000, of which--
(A) $8,150,000 shall remain available until
expended for capital improvements at the United States
Merchant Marine Academy, and
(B) $8,306,000 shall remain available until
expended for maintenance and repair of school ships of
the State Maritime Academies.
(2) For expenses to maintain and preserve a United States-
flag merchant fleet to serve the national security needs of the
United States under chapter 531 of title 46, Unites States
Code, $193,500,000, of which $19,500,000 will be available for
costs associated with the maintenance reimbursement pilot
program under section 3517 of the Maritime Security Act of 2003
(46 U.S.C 53101 note).
(3) For assistance to small shipyards and maritime
communities under section 54101 of title 46, United States
Code, $25,000,000.
(4) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, $18,000,000.
(5) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $30,000,000.
(6) For administrative expenses related to the
implementation of the loan guarantee program under chapter 537
of title 46, United States Code, administrative expenses
related to implementation of the reimbursement program under
section 3517 of the Maritime Security Act of 2003 (46 U.S.C.
53101 note), and administrative expenses related to the
implementation of the small shipyards and maritime communities
assistance program under section 54101 of title 46, United
States Code, $3,531,000.

SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE GOVERNMENT OF
THE UNITED STATES FOR THE PURPOSE OF DISMANTLING,
RECYCLING, OR SCRAPPING.

(a) In General.--Except as provided in subsection (b), no vessel
that is owned by the Government of the United States shall be approved
for export to a foreign country for purposes of dismantling, recycling,
or scrapping.
(b) Exception.--Subsection (a) shall not apply with respect to a
vessel if the Administer of the Maritime Administration certifies
that--
(1) a compelling need for dismantling, recycling, or
scrapping the vessel exists;
(2) there is no available capacity in the United States to
conduct the dismantling, recycling, or scrapping of the vessel;
(3) any dismantling, recycling, or scrapping of the vessel
in a foreign country will be conducted in full compliance with
environmental, safety, labor, and health requirements for ship
dismantling, recycling, or scrapping that are equivalent to the
laws of the United States; and
(4) the export of the vessel under this section will only
be for dismantling, recycling, or scrapping of the vessel.
(c) Certification.--The certification required in subsection (b)
must be provided to the Committee on Armed Services of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate at least 90 days before any vessel is
approved for transport to a foreign country for purposes of
dismantling, recycling, or scrapping.
(d) United States Defined.--In this section the term ``United
States'' means the States of the United States, Puerto Rico, and Guam.

SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.

Section 51509(b) of title 46, United States Code, is amended--
(1) by striking ``$4,000'' and inserting ``$8,000'';
(2) by inserting ``tuition,'' after ``uniforms,''; and
(3) by inserting ``before the start of each academic year''
after ``and be paid''.

SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.

Section 1018 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2380) is amended to
read as follows:

``SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.

``(a) In General.--The Secretary of Defense may not award, renew,
extend, or exercise an option to extend any charter of a vessel
documented under chapter 121 of title 46, United States Code, for the
Department of Defense, or any contract for the carriage of cargo by a
vessel documented under that chapter for the Department of Defense,
unless the charter or contract, respectively, includes provisions
that--
``(1) subject to paragraph (2), allow riding gang members
to perform work on the vessel during the effective period of
the charter or contract only under terms, conditions,
restrictions, and requirements as provided in section 8106 of
title 46, United States Code; and
``(2) require that riding gang members hold a merchant
mariner's document issued under chapter 73 of title 46, United
States Code, or a transportation security card issued under
section 70105 of such title.
``(b) Exemption.--
``(1) In general.--In accordance with regulations issued by
the Secretary of Defense, an individual shall not be treated as
a riding gang member for the purposes of section 8106 of title
46, United States Code, and this section if--
``(A) the individual is aboard a vessel that is
under charter or contract for the carriage of cargo for
the Department of Defense, for purposes other than
engaging in the operation or maintenance of the vessel;
and
``(B) the individual--
``(i) accompanies, supervises, guards, or
maintains unit equipment aboard a ship,
commonly referred to as supercargo personnel;
``(ii) is one of the force protection
personnel of the vessel;
``(iii) is a specialized repair technician;
or
``(iv) is otherwise required by the
Secretary of Defense to be aboard the vessel.
``(2) Background check.--
``(A) In general.--This section shall not apply to
an individual unless--
``(i) the name and other necessary
identifying information for the individual is
submitted to the Secretary for a background
check; and
``(ii) except as provided in subparagraph
(B), the individual successfully passes a
background check by the Secretary prior to
going aboard the vessel.
``(B) Waiver.--The Secretary may waive the
application of subparagraph (A)(ii) for an individual
who holds a merchant mariner's document issued under
chapter 73 of title 46, United States Code, or a
transportation security card issued under section 70105
of such title.
``(3) Exempted individual not treated as in addition to the
crew.--An individual who, under paragraph (1), is not treated
as a riding gang member shall not be counted as an individual
in addition to the crew for the purposes of section 3304 of
title 46, United States Code.''.

SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR THE
MARITIME SECURITY FLEET.

Section 3517(a) of the Maritime Security Act of 2003 (46 U.S.C.
53101 note; as amended by section 3503 of the National Defense
Authorization Act for Fiscal Year 2006 (119 Stat. 3548)) is amended by
adding at the end the following:
``(3) Existing operating agreements.--The Secretary of
Transportation shall, subject to the availability of
appropriations, seek to enter into an agreement under this
section with one or more contractors under an operating
agreement under that chapter that is in effect on the date of
the enactment of this paragraph, regarding maintenance and
repair of all vessels that are subject to the operating
agreement.''.

SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT
PROFESSORS AT THE UNITED STATES MERCHANT MARINE ACADEMY.

(a) In General.--The Maritime Administrator may establish a
temporary program for the purpose of, subject to the availability of
appropriations, contracting with individuals as personal services
contractors to provide services as adjunct professors at the Academy,
if the Maritime Administrator determines that there is a need for
adjunct professors and the need is not of permanent duration.
(b) Contract Requirements.--Each contract under the program--
(1) must be approved by the Maritime Administrator;
(2) subject to paragraph (3), shall be for a duration,
including options, of not to exceed one year unless the
Maritime Administrator finds that exceptional circumstances
justify an extension of up to one additional year; and
(3) shall terminate not later than 6 months after the
termination of contract authority under subsection (d).
(c) Limitation on Number of Contractors.--In awarding contacts
under the program, the Maritime Administrator shall ensure that not
more than 25 individuals actively provide services in any one academic
trimester, or equivalent, as contractors under the program.
(d) Termination of Contracting Authority.--The authority to award
contracts under the program shall terminate upon the expiration of
December 31, 2009.
(e) Existing Contracts.--Any contract entered into before the
effective date of this section for the services of an adjunct professor
at the Academy shall remain in effect for the trimester (or trimesters)
for which the services were contracted.
(f) Definitions.--In this section:
(1) Academy.--The term ``Academy'' means the United States
Merchant Marine Academy.
(2) Maritime administrator.--The term ``Maritime
Administrator'' means the Administrator of the Maritime
Administration, or a designee of the Administrator.
(3) Program.--The term ``program'' means the program
established under subsection (a).

DIVISION D--GOVERNMENTWIDE ACQUISITION IMPROVEMENTS

Sec. 4001. Short title.
TITLE XLI--ENHANCED COMPETITION

Sec. 4301. Acquisition workforce development fund.
Sec. 4302. Contingency contracting corps.
TITLE XLIV--ANTI-FRAUD PROVISIONS

SEC. 4001. SHORT TITLE.

This division may be cited as the ``Clean Contracting Act of
2008''.

TITLE XLI--ENHANCED COMPETITION

SEC. 4101. MINIMIZING SOLE-SOURCE CONTRACTS.

(a) Plans Required.--Subject to subsection (c), the head of each
executive agency covered by title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) or, in the
case of the Department of Defense, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, shall develop and implement a
plan to minimize, to the maximum extent practicable, the use of
contracts entered into using procedures other than competitive
procedures by the agency or department concerned. The plan shall
contain measurable goals and shall be completed and submitted to the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committees on Appropriations of the
House of Representatives and the Senate and, in the case of the
Department of Defense and the Department of Energy, the Committees on
Armed Services of the Senate and the House of Representatives, with a
copy provided to the Comptroller General, not later than 1 year after
the date of the enactment of this Act.
(b) Comptroller General Review.--The Comptroller General shall
review the plans provided under subsection (a) and submit a report to
Congress on the plans not later than 18 months after the date of the
enactment of this Act.
(c) Requirement Limited to Certain Agencies.--The requirement of
subsection (a) shall apply only to those agencies that awarded
contracts in a total amount of at least $1,000,000,000 in the fiscal
year preceding the fiscal year in which the report is submitted.
(d) Certain Contracts Excluded.--The contracts entered into under
the authority of the Small Business Act shall not be included in the
plans developed and implemented under subsection (a), except contracts
that are awarded pursuant to section 602 of Public Law 100-656 (as
amended by section 22 of Public Law 101-37 (103 Stat. 75), section 2 of
title V of Public Law 101-515 (104 Stat. 2140), section 205 of Public
Law 101-574 (104 Stat. 2819), and section 608 of Public Law 103-403
(108 Stat. 4204)).

SEC. 4102. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.

(a) Civilian Agency Contracts.--Section 303(d) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253(d)) is
amended by adding at the end the following new paragraph:
``(3)(A) The contract period of a contract described in
subparagraph (B) that is entered into by an executive agency
pursuant to the authority provided under subsection (c)(2)--
``(i) may not exceed the time necessary--
``(I) to meet the unusual and compelling
requirements of the work to be performed under
the contract; and
``(II) for the executive agency to enter
into another contract for the required goods or
services through the use of competitive
procedures; and
``(ii) may not exceed 270 days unless the head of
the executive agency entering into such contract
determines that exceptional circumstances apply.
``(B) This paragraph applies to any contract in an amount
greater than $1,000,000.''.
(b) Defense Contracts.--Section 2304(d) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(3)(A) The contract period of a contract described in
subparagraph (B) that is entered into by an agency pursuant to
the authority provided under subsection (c)(2)--
``(i) may not exceed the time necessary--
``(I) to meet the unusual and compelling
requirements of the work to be performed under
the contract; and
``(II) for the agency to enter into another
contract for the required goods or services
through the use of competitive procedures; and
``(ii) may not exceed 270 days unless the head of
the agency entering into such contract determines that
exceptional circumstances apply.
``(B) This paragraph applies to any contract in an amount
greater than $1,000,000.''.

SEC. 4103. REQUIREMENT FOR PURCHASE OF PROPERTY AND SERVICES PURSUANT
TO MULTIPLE AWARD CONTRACTS.

(a) Regulations Required.--Not later than 12 months after the date
of the enactment of this Act, the Federal Acquisition Regulation shall
be amended to require enhanced competition in the purchase of property
and services by all executive agencies pursuant to multiple award
contracts.
(b) Content of Regulations.--
(1) In general.--The regulations required by subsection (a)
shall provide, at a minimum, that each individual purchase of
property or services in excess of the simplified acquisition
threshold that is made under a multiple award contract shall be
made on a competitive basis unless a contracting officer--
(A) waives the requirement on the basis of a
determination that--
(i) one of the circumstances described in
paragraphs (1) through (4) of section 303J(b)
of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253j(b)) or
section 2304c(b) of title 10, United States
Code, applies to such individual purchase; or
(ii) a law expressly authorizes or requires
that the purchase be made from a specified
source; and
(B) justifies the determination in writing.
(2) Competitive basis procedures.--For purposes of this
subsection, an individual purchase of property or services is
made on a competitive basis only if it is made pursuant to
procedures that--
(A) except as provided in paragraph (3), require
fair notice of the intent to make that purchase
(including a description of the work to be performed
and the basis on which the selection will be made) to
be provided to all contractors offering such property
or services under the multiple award contract; and
(B) afford all contractors responding to the notice
a fair opportunity to make an offer and have that offer
fairly considered by the official making the purchase.
(3) Exception to notice requirement.--
(A) In general.--Notwithstanding paragraph (2), and
subject to subparagraph (B), notice may be provided to
fewer than all contractors offering such property or
services under a multiple award contract as described
in subsection (d)(2) if notice is provided to as many
contractors as practicable.
(B) Limitation on exception.--A purchase may not be
made pursuant to a notice that is provided to fewer
than all contractors under subparagraph (A) unless--
(i) offers were received from at least 3
qualified contractors; or
(ii) a contracting officer of the executive
agency determines in writing that no additional
qualified contractors were able to be
identified despite reasonable efforts to do so.
(c) Public Notice Requirements Related to Sole Source Task or
Delivery Orders.--Not later than 12 months after the date of the
enactment of this Act, the Federal Acquisition Regulation shall be
amended to require the head of each executive agency to publish on--
(1) FedBizOpps notice of all sole source task or delivery
orders in excess of the simplified acquisition threshold that
are placed against multiple award contracts not later than 14
days after such orders are placed, except in the event of
extraordinary circumstances or classified orders; and
(2) the website of the agency and through a Governmentwide
website selected by the Administrator for Federal Procurement
Policy the determinations required by (b)(1)(B) related to sole
source task or delivery orders placed against multiple award
contracts not later than 14 days after such orders are placed,
except in the event of extraordinary circumstances or
classified orders.
(3) This subsection does not require the public
availability of information that is exempt from public
disclosure under section 552(b) of title 5, United States Code.
(d) Definitions.--In this section:
(1) The term ``individual purchase'' means a task order,
delivery order, or other purchase.
(2) The term ``multiple award contract'' means--
(A) a contract that is entered into by the
Administrator of General Services under the multiple
award schedule program referred to in section
2302(2)(C) of title 10, United States Code;
(B) a multiple award task order contract that is
entered into under the authority of sections 2304a
through 2304d of title 10, United States Code, or
sections 303H through 303K of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253h
through 253k); and
(C) any other indefinite delivery, indefinite
quantity contract that is entered into by the head of
an executive agency with 2 or more sources pursuant to
the same solicitation.
(3) The term ``sole source task or delivery order'' means
any order that does not follow the competitive base procedures
in paragraphs (b)(2) or (b)(3).
(e) Applicability.--The regulations required by subsection (a)
shall apply to all individual purchases of property or services that
are made under multiple award contracts on or after such effective
date, without regard to whether the multiple award contracts were
entered into before, on, or after such effective date.

TITLE XLII--CURBING ABUSE-PRONE CONTRACTS

SEC. 4201. REGULATIONS TO MINIMIZE THE INAPPROPRIATE USE OF COST-
REIMBURSEMENT CONTRACTS.

(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Federal Acquisition Regulation shall be
amended to minimize the inappropriate use of cost-reimbursement
contracts and to ensure the proper use of such contracts.
(b) Content.--The regulations required under subsection (a) shall--
(1) identify, at a minimum--
(A) the circumstances under which cost
reimbursement contracts or task or delivery orders are
appropriate;
(B) the acquisition plan facts necessary to support
a decision to use cost reimbursement contracts;
(C) the acquisition workforce resources necessary
to award and manage cost reimbursement contracts; and
(2) establish a requirement for each executive agency to--
(A) annually assess its use of cost-reimbursement
contracts;
(B) establish and implement metrics to measure
progress toward minimizing any inappropriate use of
cost-reimbursement contracts identified during the
assessment process; and
(C) prepare and submit an annual report to the
Office of Management and Budget assessing progress in
meeting the metrics established in (B).
(c) Comptroller General Evaluations.--Within one year of the
completion of the first annual reports required by subsection
(b)(2)(C), the Comptroller General shall review the progress of
agencies in implementing the regulations required by (a).
(d) Report.--Subject to subsection (f), the Director of the Office
of Management and Budget shall submit an annual report to Congressional
committees identified in subparagraph (e) and the Comptroller General
on the use of cost-reimbursement contracts and task or delivery orders
by all Federal agencies, including the Department of Defense. The
report shall be submitted no later than March 1 and will cover the
fiscal year ending September 30 of the prior year. The report shall
include--
(1) the total number and value of contracts awarded and
orders issued during the covered fiscal year;
(2) the number and value of cost-reimbursement contracts
awarded and orders issued during the covered fiscal year;
(3) a list of contracts and task and delivery orders
identified in subparagraph (2) exceeding ten million dollars
($10,000,000), whose period of performance, including options,
exceeded three years; the reasons why such contracts or orders
could not be priced or converted to a fixed-price basis; and
the actions being taken by the agency to do so;
(4) a certification by the contracting agency that for each
contract identified in subparagraph (3) that an appropriate
number of trained acquisition personnel, consistent with the
complexity and risk associated with the contract or order, have
been assigned to provide oversight of the contractor's
performance; and
(5) a description of each agency's actions to assure the
appropriate use of cost-reimbursement contracts.
(e) Congressional Committees Defined.--The report required by
subsection (d) shall be submitted to the Committee on Oversight and
Government Reform of the House of Representatives; the Committee on
Homeland Security and Governmental Affairs of the Senate; the
Committees on Appropriations of the House of Representatives and the
Senate; and, in the case of the Department of Defense and the
Department of Energy, the Committees on Armed Services of the Senate
and the House of Representatives.
(f) Requirements Limited to Certain Agencies.--The requirements of
subsections (b) and (d) shall apply only to those agencies that awarded
contracts and issued orders in a total amount of at least
$1,000,000,000 in the fiscal year proceeding the fiscal year in which
the assessments and reports are submitted.

SEC. 4202. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

(a) Office of Management and Budget Policy Guidance.--
(1) Report and guidelines.--Not later than one year after
the date of the enactment of this Act, the Director of the
Office of Management and Budget shall--
(A) submit to Congress a comprehensive report on
interagency acquisitions, including their frequency of
use, management controls, cost-effectiveness, and
savings generated; and
(B) issue guidelines to assist the heads of
executive agencies in improving the management of
interagency acquisitions.
(2) Matters covered by guidelines.--For purposes of
paragraph (1)(B), the Director shall include guidelines on the
following matters:
(A) Procedures for the use of interagency
acquisitions to maximize competition, deliver best
value to executive agencies, and minimize waste, fraud,
and abuse.
(B) Categories of contracting inappropriate for
interagency acquisition, due to high risk of waste,
fraud, or abuse.
(C) Requirements for training acquisition workforce
personnel in the proper use of interagency
acquisitions.
(b) Regulations Required.--Not later than one year after the date
of the enactment of this Act, the Federal Acquisition Regulation shall
be revised to require that all interagency acquisitions--
(1) include a written agreement between the requesting
agency and the servicing agency assigning responsibility for
the administration and management of the contract;
(2) include a determination that an interagency acquisition
is the best procurement alternative; and
(3) include sufficient documentation to ensure an adequate
audit.
(c) Agency Reporting Requirement.--The senior procurement executive
for each executive agency shall, as directed by the Director of the
Office of Management and Budget, submit to the Director annual reports
on the actions taken by the executive agency pursuant to the guidelines
issued under subsection (a).
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning given
such term in section 4(1) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(1)).
(2) The term ``head of executive agency'' means the head of
an executive agency except that, in the case of a military
department, the term means the Secretary of Defense.
(3) The term ``interagency acquisition'' means a procedure
by which an executive agency needing supplies or services (the
requesting agency) obtains them from another executive agency
(the servicing agency). The term includes acquisitions under
section 1535 of title 31, United States Code (commonly referred
to as the ``Economy Act'', Federal Supply Schedules above
$500,000, and Governmentwide acquisition contracts.

SEC. 4203. PROHIBITIONS ON THE USE OF LEAD SYSTEMS INTEGRATORS.

(a) Prohibition on New Lead Systems Integrators.--(1) Effective
October 1, 2010, the head of an executive agency may not award a new
contract for lead systems integrator functions in the acquisition of a
major system.
(2) Prohibition on Lead Systems Integrators Beyond Demonstration
Level Phase.--Effective on the date of the enactment of this Act, an
executive agency may award a new contract for lead systems integrator
functions in the acquisition of a major system only if--
(A) the contract for the major system does not proceed
beyond the demonstration phase-level; or
(B) the head of the agency determines in writing that it
would not be practicable to carry out acquisition without
continuing to use a contractor to perform lead systems
integrator functions and that doing so is in the best interest
of the agency.
(3) Requirements Relating to Determinations.--A determination under
paragraph (2)(A)--
(A) shall specify the reasons why it would not be
practicable to carry out the acquisition continuing to use a
contractor to perform lead integrator functions (including a
discussion of alternatives, such as the use of the agency
workforce, or a system engineering and technical assistance
contractor);
(B) shall include a plan for phasing out the use of
contracted lead systems integrator functions over the shortest
period of time consistent with the interest of the government;
(C) may not be delegated below the level of the Chief
Acquisition Officer; and
(D) shall be provided to the Committee on Oversight and
Government Reform in the House of Representatives and the
Committee on Homeland Security and Governmental Affairs in the
Senate at least 45 days before the award of a contract pursuant
to the determination.
(b) Acquisition Workforce.--
(1) Requirement.--The head of an executive agency shall
ensure that the acquisition workforce is of the appropriate
size and skill level necessary--
(A) to accomplish inherently governmental functions
related to acquisition of major systems; and
(B) to effectuate the purpose of subsection (a) to
minimize and eventually eliminate the use of
contractors to perform lead systems integrator
functions.
(2) Report.--The head of the agency shall annually include
an update on the progress made in complying with paragraph (1)
in the agency's Performance and Accountability Report.
(c) Exception for Contracts for Other Management Services.--The
head of an executive agency may continue to award contracts for the
procurement of services the primary purpose of which is to perform
acquisition support functions with respect to the development or
production of a major system, if the following conditions are met with
respect to each such contract:
(1) The contract prohibits the contractor from performing
inherently governmental functions.
(2) The head of the agency responsible for the development
or production of the major system ensures that Federal
employees are responsible for determining courses of action to
be taken in the best interest of the government.
(3) The contract requires that the prime contractor for the
contract may not advise or recommend the award of a contract or
subcontract for the development or production of the major
system to an entity owned in whole or in part by the prime
contractor.
(d) Definitions.--In this section:
(1) Lead systems integrator.--The term ``lead systems
integrator'' means--
(A) a prime contractor for the development or
production of a major system, if the prime contractor
is not expected at the time of award to perform a
substantial portion of the work on the system and the
major subsystems; or
(B) a prime contractor under a contract for
procurement of services the primary purpose of which to
perform acquisition functions closely associated with
inherently governmental functions with respect to the
development or production of a major system.
(2) Major system.--The term ``major system'' has the
meaning given such term in section 2302d of title 10, United
States Code.
(3) Demonstration phase level.--For purposes of this
section, the term ``demonstration phase level'' means--
(A) work performed prior to first article testing
and approval (as defined in part 9.3 of the Federal
Acquisition Regulation; or
(B) a level comparable to the level identified in
subparagraph (A) which the FAR Council determines, by
regulation, after consideration of the definition of
low-rate initial production (as defined in section 2400
of title 10, United States Code.
(e) Inapplicability to Department of Defense.--This section does
not apply to the Department of Defense.

SEC. 4204. REGULATIONS ON EXCESSIVE PASS-THROUGH CHARGES.

(a) Regulations Required.--
(1) Not later than 180 days after the date of enactment of
this Act, the Federal Acquisition Regulation shall be amended
ensure that excessive pass-through charges on contracts or (or
task or delivery orders) are not paid by the Federal
Government.
(2) Scope of regulations.--The regulations prescribed under
this subsection--
(A) shall not apply to any firm, fixed-price
contract or subcontract (or task or delivery order)
that is--
(i) awarded on the basis of adequate price
competition; or
(ii) for the acquisition of a commercial
item, as defined in section 4(12) of the Office
of Federal Procurement Policy Act (41 U.S.C.
403(12)); and
(B) may include such additional exceptions as the
Federal Acquisition Regulation Council determines to be
necessary in the interest of the government.
(3) Definition.--In this section, the term ``excessive
pass-through charge'' means a charge to the Government by the
contractor or subcontractor that is for overhead or profit on
work performed by a lower-tier contractor or subcontractor
(other than charges for the direct costs of managing lower-tier
contracts and subcontracts and overhead and profit based on
such direct costs) and for which the contractor or
subcontractor adds no, or negligible, value to a contract or
subcontract.
(b) Inapplicability to Department of Defense.--This section does
not apply to the Department of Defense.

SEC. 4205. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION OUTCOMES.

(a) Guidance on Linking of Award and Incentive Fees to Acquisition
Outcomes.--Not later than 12 months after the date of the enactment of
this Act, the Federal Acquisition Regulation shall be amended to
provide executive agencies with instructions, including definitions, on
the appropriate use of award and incentive fees in Federal acquisition
programs.
(b) Elements.--The regulations under subsection (a) shall--
(1) ensure that all new contracts using award fees link
such fees to acquisition outcomes (which shall be defined in
terms of program cost, schedule, and performance);
(2) establish standards for identifying the appropriate
level of officials authorized to approve the use of award and
incentive fees in new contracts;
(3) provide guidance on the circumstances in which
contractor performance may be judged to be ``excellent'' or
``superior'' and the percentage of the available award fee
which contractors should be paid for such performance;
(4) establish standards for determining the percentage of
the available award fee, if any, which contractors should be
paid for performance that is judged to be ``acceptable'',
``average'', ``expected'', ``good'', or ``satisfactory'';
(5) ensure that no award fee may be paid for contractor
performance that is judged to be below satisfactory performance
or performance that does not meet the basic requirements of the
contract;
(6) provide specific direction on the circumstances, if
any, in which it may be appropriate to roll over award fees
that are not earned in one award fee period to a subsequent
award fee period or periods;
(7) ensure consistent use of guidelines and definitions
relating to award and incentive fees across the Federal
Government;
(8) ensure that each executive agency--
(A) collects relevant data on award and incentive
fees paid to contractors; and
(B) has mechanisms in place to evaluate such data
on a regular basis;
(9) include performance measures to evaluate the
effectiveness of award and incentive fees as a tool for
improving contractor performance and achieving desired program
outcomes; and
(10) provide mechanisms for sharing proven incentive
strategies for the acquisition of different types of products
and services among contracting and program management
officials.

SEC. 4206. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.

(a) Regulations Required.--Not later than 180 days after the date
of the enactment of this Act, the Federal Acquisition Regulation shall
be amended for the procurement of commercial services.
(b) Applicability of Commercial Procedures.--
(1) Services of a type sold in marketplace.--The
regulations modified pursuant to subsection (a) shall ensure
that services that are not offered and sold competitively in
substantial quantities in the commercial marketplace, but are
of a type offered and sold competitively in substantial
quantities in the commercial marketplace, may be treated as
commercial items for purposes of section 254b of title 41,
United States Code (relating to truth in negotiations), only if
the contracting officer determines in writing that the offeror
has submitted sufficient information to evaluate, through price
analysis, the reasonableness of the price for such services.
(2) Information submitted.--To the extent necessary to make
a determination under paragraph (1), the contracting officer
may request the offeror to submit--
(A) prices paid for the same or similar commercial
items under comparable terms and conditions by both
government and commercial customers; and
(B) if the contracting officer determines that the
information described in subparagraph (A) is not
sufficient to determine the reasonableness of price,
other relevant information regarding the basis for
price or cost, including information on labor costs,
material costs, and overhead rates.
(c) Time-and-Materials Contracts.--
(1) Commercial item acquisitions.--The regulations pursuant
to subsection (a) shall ensure that procedures applicable to
time-and-materials contracts and labor-hour contracts for
commercial item acquisitions may be used only for the
following:
(A) Services procured for support of a commercial
item, as described in section 4(12)(E) of the Office
Federal Procurement Policy Act (41 U.S.C. 403(12)(E)).
(B) Emergency repair services.
(C) Any other commercial services only to the
extent that the head of the agency concerned approves a
determination in writing by the contracting officer
that--
(i) the services to be acquired are
commercial services as defined in section
4(12)(F) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(F));
(ii) if the services to be acquired are
subject to subsection (b), the offeror of the
services has submitted sufficient information
in accordance with that subsection;
(iii) such services are commonly sold to
the general public through use of time-and-
materials or labor-hour contracts; and
(iv) the use of a time-and-materials or
labor-hour contract type is in the best
interest of the Government.
(2) Non-commercial item acquisitions.--Nothing in this
subsection shall be construed to preclude the use of procedures
applicable to time-and-materials contracts and labor-hour
contracts for non-commercial item acquisitions for the
acquisition of any category of services.

TITLE XLIII--ACQUISITION WORKFORCE

SEC. 4301. ACQUISITION WORKFORCE DEVELOPMENT FUND.

(a) Purpose.--The purpose of this section is to ensure that there
are resources available to recruit, hire, educate, train and retain
members of the Federal acquisition workforce with the requisite
competencies and skills to ensure that the government receives best
value property and services in its acquisitions.
(b) Establishment of Fund.--Title III of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 101, et seq.) is amended
by adding at the end the following new section:

``SEC. 324. ACQUISITION WORKFORCE DEVELOPMENT FUND.

``(a) The Administrator of General Services shall establish an
acquisition workforce development fund.
``(1) The Administrator shall manage the fund through the
Federal Acquisition Institute to recruit, hire, educate, train
and retain members of the acquisition workforce of the
executive agencies other than the Department of Defense.
``(2) The Administrator, in consultation with the
Administrator for Federal Procurement Policy and the Chief
Acquisition Officers or Senior Procurement Executives, as
appropriate, of the executive agencies, other than the
Department of Defense, shall issue detailed guidance for the
administration and use of the Fund. Such guidance shall include
provisions--
``(A) requiring agencies to identify members of
their acquisition workforce consistent with section
433(i) of title 41.
``(B) identifying areas of need in the acquisition
workforce for which amounts in the Fund may be used,
including--
``(i) changes to the types of skills
needed;
``(ii) incentives to retain qualified,
experienced personnel; and
``(iii) incentives for attracting new,
high-quality personnel;
``(C) describing the manner and timing for
applications for amounts in the Fund to be submitted;
``(D) describing the evaluation criteria to be used
for approving or prioritizing applications for amounts
in the Fund in any fiscal year; and
``(E) describing measurable objectives of
performance for determining whether amounts in the Fund
are being used in compliance with this section.
``(3) The Director of the Office of Management and Budget
shall be the approving official for any disbursements from the
Fund.
``(4) The costs of administering the fund, including the
direct and indirect costs of those employees, not to exceed 5
percent per annum, shall be paid out of the fund.
``(5) Amounts in the fund may not be used to pay the base
salary of any full-time equivalent position currently filled as
of date of enactment of the Clean Contracting Act of 2008.
``(b) There shall be credited to the acquisition workforce
development fund the following percentages of the value of funds
expended by executive agencies for service contracts, other than
services relating to research and development and services relating to
construction:
``(1) For fiscal year 2009, 0.5 percent.
``(2) For fiscal year 2010, 1 percent.
``(3) For fiscal year 2011, 1.5 percent.
``(4) For any fiscal year after fiscal year 2011, 2
percent.
``(c) The Director of the Office and Management and Budget may
reduce the amount to be credited upon a determination that the funds
being credited are excess to the needs of the acquisition workforce
development fund. In no event shall the Director of the Office of
Management Budget reduce the percentage for any fiscal year below a
percentage that results in the deposit in a fiscal year of an amount
equal to the following:
``(1) For fiscal year 2009, 75,000,000.
``(2) For fiscal year 2010, 100,000,000.
``(3) For fiscal year 2011, 125,000,000.
``(4) For an fiscal year after 2011, 150,000,000.
``(d) Not later than 30 days after the end of fiscal year 2008, and
30 days after the end of each fiscal year quarter thereafter, the head
of each executive agency shall remit to the General Services
Administration the amount required to be credited to the fund with
respect to the contracts, leases, task and delivery order described in
subsection (b).
``(e) The Administrator of General Services, through the Office of
the Chief Acquisition Officer, shall ensure that funds collected under
this section are not used for any purposes other than the purposes
specified in subsection (a).
``(f) Amounts credited to the fund shall be in addition to funds
requested and appropriated for salaries, benefits, education and
training for all current acquisition workforce members.
``(g) Amounts credited to the fund shall remain available until
expended.
``(h) Not later than 60 days after the end of each fiscal year
beginning with fiscal year 2008, the Administrator of General Services
shall submit to the congressional committees identified in subsection
(i) a report on the operation of the fund during such fiscal year. Each
report shall include, for the fiscal year covered by such report, the
following:
``(1) A statement of the amounts remitted to the
Administrator for crediting to the Fund for such fiscal year by
each executive agency and a statement of the amounts credited
to the Fund.
``(2) A description of the expenditures made from the Fund,
including the purpose of such expenditures.
``(3) A description and assessment of improvements in the
Federal acquisition workforce resulting from such expenditures,
including the extent to which the fund has been used to
increase the number of individuals in the acquisition workforce
relative to the number of individuals in the acquisition
workforce as of the date of enactment.
``(4) Recommendations for additional authorities to fulfill
the purpose of the Fund.
``(5) A statement of the balance remaining in the Fund at
the end of such fiscal year.
``(i) The report required by subsection (h) shall be submitted to
the Committee on Oversight and Government Reform of the House of
Representatives; the Committee on Homeland Security and Governmental
Affairs of the Senate; and the Committees on Appropriations of the
House of Representatives and the Senate.
``(j) No expired balances appropriated prior to the date of the
enactment of the Clean Contracting Act of 2008 may be used to make any
payment to the Acquisition Workforce Development Fund.''.
(c) Exception.--This section and the amendments made by this
section shall not apply to the acquisition workforce of the Department
of Defense.

SEC. 4302. CONTINGENCY CONTRACTING CORPS.

The Office of Federal Procurement Policy Act (41 U.S.C. 403 et
seq.), as amended by section 102, is further amended by adding at the
end the following new section:

``SEC. 44. CONTINGENCY CONTRACTING CORPS.

``(a) Establishment.--The Administrator of General Services in
consultation with the Director of the Office of Management and Budget,
the Secretary of Defense and the Secretary of Homeland Security, shall
establish a Governmentwide Contingency Contracting Corps (in this
section, referred to as the `Corps'). The members of the Corps shall be
available for deployment in responding to an emergency or major
disaster, or a contingency operation, within or outside the continental
United States.
``(b) Applicability.--The authorities provided in this section
apply with respect to any procurement of property or services by or for
an executive agency that, as determined by the head of such executive
agency, are to be used--
``(1) in support of a contingency operation as defined in
section 101(a)(13) of title 10, United States Code; or
``(2) to respond to an emergency or major disaster as
defined in section 5122 of title 41, United States Code.
``(c) Membership.--Membership in the Corps shall be voluntary and
open to all Federal employees and uniformed members of the Armed
Services, who are currently members of the Federal acquisition
workforce. As a condition precedent to membership in the Corps, each
volunteer will execute a mobility agreement consistent with the
provisions included in sections 3371 through 3375 of title 5, United
States Code.
``(d) Education and Training.--The Director of the Federal
Acquisition Institute, in consultation with the Chief Acquisition
Officers Council shall establish educational and training requirements
for members of the Corps, and shall pay for these additional
requirements from funds available in the acquisition workforce
development fund or the Department of Defense Acquisition Workforce
Development Fund.
``(e) Clothing and Equipment.--The Administrator shall identify any
necessary clothing and equipment requirements, and shall pay for this
clothing and equipment from funds available in the acquisition
workforce development fund or the Department of Defense Acquisition
Workforce Development Fund.
``(f) Salary.--The salaries for members of the Corps shall be paid
by their parent agencies out of funds available.
``(g) Authority To Deploy the Corps.--The Director of the Office of
Management and Budget shall have the authority to determine when
members of the Corps shall be deployed, in consultation with the head
of the agency or agencies employing the members to be deployed.
``(h) Annual Report.--
``(1) In general.--The Administrator of General Services
shall provide to the Committee on Homeland Security and
Governmental Affairs and the Committee on Armed Services of the
Senate and the Committee on Oversight and Government Reform and
the Committee on Armed Services of the House of Representatives
an annual report on the status of the Contingency Contracting
Corps as of September 30 of each fiscal year.
``(2) Content.--At a minimum, each report under paragraph
(1) shall include the number of members of the Contingency
Contracting Corps, the total cost of operating the program, the
number of deployments of members of the program, and the
performance of members of the program in deployment.''.

TITLE XLIV--ANTI-FRAUD PROVISIONS

SEC. 4401. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL FOR
DISCLOSURE OF CERTAIN INFORMATION.

(a) Increased Protection From Reprisal.--Subsection (a) of section
315 of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 265(a), is amended--
(1) by striking ``disclosing to a Member of Congress'' and
inserting ``disclosing to a Member of Congress, a
representative of a committee of Congress, an Inspector
General, the Government Accountability Office, an employee of
an executive agency responsible for contract oversight or
management,''; and
(2) by striking ``information relating to a substantial
violation of law related to a contract (including the
competition for or negotiation of a contract)'' and inserting
``information that the employee reasonably believes is evidence
of gross mismanagement of an executive agency contract or
grant, a gross waste of executive agency funds, a substantial
and specific danger to public health or safety, or a violation
of law related to an executive agency contract (including the
competition for or negotiation of a contract) or grant''.
(b) Clarification of Inspector General Determination.--Subsection
(b) of such section is amended--
(1) by inserting ``(1)'' after ``Investigation of
Complaints.--''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Except as provided under subparagraph (B), the Inspector
General shall make a determination that a complaint is frivolous or
submit a report under paragraph (1) within 180 days after receiving the
complaint.
``(B) If the Inspector General is unable to complete an
investigation in time to submit a report within the 180-day period
specified in subparagraph (A) and the person submitting the complaint
agrees to an extension of time, the Inspector General shall submit a
report under paragraph (1) within such additional period of time as
shall be agreed upon between the Inspector General and the person
submitting the complaint.''.
(c) Acceleration of Schedule for Denying Relief or Providing
Remedy.--Subsection (c) of such section is amended in paragraph (1), by
striking ``If the head of an executive agency determines that a
contractor has subjected a person to a reprisal prohibited by
subsection (a), the head of the agency may'' and inserting after
``(1)'' the following: ``Not later than 30 days after receiving an
Inspector General report pursuant to subsection (b), the head of an
executive agency concerned shall determine whether there is sufficient
basis to conclude that the contractor concerned has subjected the
complainant to a reprisal prohibited by subsection (a) and shall either
issue an order denying relief or shall''.
(d) Definitions.--Subsection (e) of such section is amended in
paragraph (2), by inserting ``or a grant'' after ``a contract''.

SEC. 4402. MANDATORY FRAUD REPORTING.

(a) Amendment of Federal Acquisition Regulation.--The Federal
Acquisition Regulation shall be amended within 180 days after the date
of the enactment of this Act pursuant to FAR Case 2007-006 (as
published at 72 Fed. Reg. 64019, November 14, 2007) or any follow-on
FAR case to include provisions that require timely notification by
Federal contractors of violations of Federal criminal law or
overpayments in connection with the award or performance of covered
contracts or subcontracts, including those performed outside the United
States and those for commercial items.
(b) Covered Contract Defined.--In this section, the term ``covered
contract'' means any contract in an amount greater than $5,000,000 and
more than 120 days in duration.

SEC. 4403. ACCESS OF GENERAL ACCOUNTING OFFICE TO CONTRACTOR EMPLOYEES.

(a) Civilian Agencies.--Section 304C of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254d) is amended in
subsection (c)(1) by inserting after ``records'' the following ``, or
interview any employee,''.
(b) Defense Agencies.--Section 2313 of title 10, United States
Code, is amended in subsection (c)(1) by inserting after ``records''
the following ``, or interview any employee,''.

SEC. 4404. PREVENTING CONFLICTS OF INTEREST.

(a) Organizational Conflicts of Interest.--Not later than 12 months
after the date of the enactment of this Act, the Administrator of the
Office of Federal Procurement Policy shall review the Federal
Acquisition Regulation to determine whether it contains sufficiently
rigorous, comprehensive, and uniform Governmentwide policies to prevent
and mitigate organizational conflicts of interest in Federal
contracting. In reviewing such regulations, the Administrator and the
Federal Acquisition Regulatory Council, in consultation with the Office
of Government Ethics, shall, at a minimum, make appropriate revisions
to the regulations to--
(1) establish a standard organizational conflict of
interest clause, or a set of standard organizational conflict
of interest clauses, for inclusion in solicitations and
contracts that set forth the contractor's responsibilities with
respect to its employees, subcontractors, partners, and any
other affiliated organizations or individuals;
(2) address conflicts that may arise in the context of
developing requirements and statements of work, the selection
process, and contract administration;
(3) ensure that adequate organizational conflict of
interest safeguards are enacted in situations in which
contractors are employed by the Federal Government to oversee
other contractors or are hired to assist in the acquisition
process; and
(4) ensure that any policies or clauses developed address
conflicts of interest that may arise from financial interests,
unfair competitive advantages, and impaired objectivity.
(b) Personal Conflicts of Interest.--Not later than 12 months after
the date of the enactment of this Act, the Federal Acquisition
Regulation shall be amended to establish uniform, Governmentwide
policies to prevent personal conflicts of interest by contractor
employees in Federal contracting. In developing such regulations, the
Federal Acquisition Regulatory Council, in consultation with the Office
of Government Ethics, shall, at a minimum--
(1) develop a standard contractor employee personal
conflicts of interest clause or a set of standard clauses for
inclusion in solicitations and contracts that set forth the
contractor's responsibility to ensure that employees who are
performing contracted services for the Federal Government are
free of personal conflicts of interest;
(2) identify the contracting methods, types and services
that raise heightened concerns for potential conflicts of
interest; and
(3) establish specified principles, examples, a definition
of personal conflicts of interest relevant to contractor
employees working on Federal Government contracts, specific
prohibitions, and where applicable, greater disclosure for
certain contractor employees, that will accomplish the end
objective of ethical behavior.
(c) Best Practices.--The Administrator of the Office of Federal
Procurement Policy, in consultation with the Office of Governmentwide
Ethics, shall develop and maintain a repository of best practices
relating to the prevention and mitigation of organizational and
personal conflicts of interest.

TITLE XLV--ENHANCED CONTRACT TRANSPARENCY

SEC. 4501. DISCLOSURE OF CEO SALARIES.

(a) Disclosure Requirements.--Section 2(b)(1) of the Federal
Funding Accountability and Transparency Act (Public Law 109-282; 31
U.S.C. 6101 note) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) the names and total compensation of the five
most highly compensated officers of the entity if--
``(i) the entity in the preceding fiscal
year received--
``(I) 80 percent or more of its
annual gross revenues in Federal
awards; and
``(II) $25,000,000 or more in
annual gross revenues from Federal
awards; and
``(ii) the public does not have access to
information about the compensation of the
senior executives of the entity through
periodic reports filed under section 13(a) or
15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of
the Internal Revenue Code of 1986.''.
(b) Regulations Required.--The Director of the Office of Management
and Budget shall promulgate regulations to implement the amendment made
by this title. Such regulations shall include a definition of ``total
compensation'' that is consistent with regulations of the Securities
and Exchange Commission at section 402 of part 229 of title 17 of the
Code of Federal Regulations (or any subsequent regulation).

SEC. 4502. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND
DEBARMENT OFFICIALS.

(a) In General.--Subject to the authority, direction, and control
of the Director of the Office of Management and Budget, the
Administrator of General Services shall establish and maintain a
database of information regarding integrity and performance of persons
awarded Federal contracts and grants for use by Federal officials
having authority over contracts and grants.
(b) Persons Covered.--The database shall cover any person awarded a
Federal contract or grant if any information described in subsection
(c) exists with respect to such person.
(c) Information Included.--With respect to a person awarded a
Federal contract or grant, the database shall include information (in
the form of a brief description) for at least the most recent 5-year
period regarding--
(1) any civil or criminal proceeding, or any administrative
proceeding to the extent that such proceeding results in both a
finding of fault on the part of the person and the payment of
restitution to a government of $5,000 or more, concluded by the
Federal Government or any State government against the person,
and any amount paid by the person to the Federal Government or
a State government;
(2) all Federal contracts and grants awarded to the person
that were terminated in such period due to default;
(3) all Federal suspensions and debarments of the person in
that period;
(4) all Federal administrative agreements entered into by
the person and the Federal Government in that period to resolve
a suspension or debarment proceeding and, to the maximum extent
practicable, agreements involving a suspension or debarment
proceeding entered into by the person and a State government in
that period; and
(5) all final findings by a Federal official in that period
that the person has been determined not to be a responsible
source under either subparagraph (C) or (D) of section 4(7) of
the Office of Federal Procurement Policy Act (41 U.S.C.
403(7)).
(d) Requirements Relating to Information in Database.--
(1) Direct input and update.--The Administrator shall
design and maintain the database in a manner that allows the
appropriate officials of each Federal agency to directly input
and update in the database information relating to actions it
has taken with regard to contractors or grant recipients.
(2) Timeliness and accuracy.--The Administrator shall
develop policies to require--
(A) the timely and accurate input of information
into the database;
(B) notification of any covered person when
information relevant to the person is entered into the
database; and
(C) an opportunity for any covered person to append
comments to information about such person in the
database.
(e) Availability.--
(1) Availability to all federal agencies.--The
Administrator shall make the database available to all Federal
agencies.
(2) Availability to the public.--The Administrator shall
make the database available to the public by posting the
database on the General Services Administration website.
(3) Limitation.--This subsection does not require the
public availability of information that is exempt from public
disclosure under section 552(b) of title 5, United States Code.

SEC. 4503. REVIEW OF DATABASE.

(a) Requirement to Review Database.--Prior to the award of a
contract or grant, an official responsible for awarding a contract or
grant shall review the database established under section 2.
(b) Requirement to Document Present Responsibility.--In the case of
a prospective awardee of a contract or grant against which a judgment
or conviction has been rendered more than once within any 3-year period
for the same or similar offences, if each judgment or conviction is a
cause for debarment, the official responsible for awarding the contract
or grant shall document why the prospective awardee is considered
presently responsible.

SEC. 4504. DISCLOSURE IN APPLICATIONS.

(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, Federal regulations shall be amended to require
that in applying for any Federal grant or submitting a proposal or bid
for any Federal contract a person shall disclose in writing information
described in section 2(c).
(b) Covered Contracts and Grants.--This section shall apply only to
contracts and grants in an amount greater than the simplified
acquisition threshold, as defined in section 4(11) of the Office of
Federal Procurement Policy Act (41 U.S.C. 401(11)).

SEC. 4505. ROLE OF INTERAGENCY COMMITTEE.

(a) Requirement.--The Interagency Committee on Debarment and
Suspension shall--
(1) resolve issues regarding which of several Federal
agencies is the lead agency having responsibility to initiate
suspension or debarment proceedings;
(2) coordinate actions among interested agencies with
respect to such action;
(3) encourage and assist Federal agencies in entering into
cooperative efforts to pool resources and achieve operational
efficiencies in the Governmentwide suspension and debarment
system;
(4) recommend to the Office of Management and Budget
changes to Government suspension and debarment system and its
rules, if such recommendations are approved by a majority of
the Interagency Committee;
(5) authorize the Office of Management and Budget to issue
guidelines that implement those recommendations;
(6) authorize the chair of the Committee to establish
subcommittees as appropriate to best enable the Interagency
Committee to carry out its functions; and
(7) submit to the Congress an annual report on--
(A) the progress and efforts to improve the
suspension and debarment system;
(B) member agencies' active participation in the
committee's work; and
(C) a summary of each agency's activities and
accomplishments in the Governmentwide debarment system.
(b) Definition.--The term ``Interagency Committee on Debarment and
Suspension'' means such committee constituted under sections 4 and 5
and of Executive Order No. 12549.

SEC. 4506. AUTHORIZATION OF INDEPENDENT AGENCIES.

Any agency, commission, or organization of the Federal Government
to which Executive Order No. 12549 does not apply is authorized to
participate in the Governmentwide suspension and debarment system and
may recognize the suspension or debarment issued by an executive branch
agency in its own procurement or assistance activities.

SEC. 4507. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Administrator of
General Services such funds as may be necessary to establish the
database described in section 2.

SEC. 4508. REPORT TO CONGRESS.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of General Services shall
submit to Congress a report.
(b) Contents of Report.--The report shall contain the following:
(1) A list of all databases that include information about
Federal contracting and Federal grants.
(2) Recommendations for further legislation or
administrative action that the Administrator considers
appropriate to create a centralized, comprehensive Federal
contracting and Federal grant database.

SEC. 4509. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA SYSTEM.

(a) Enhanced Transparency on Interagency Contracting and Other
Transactions.--Not later than 12 months after the date of the enactment
of this Act, the Director of the Office of Management and Budget shall
direct appropriate revisions to the Federal Procurement Data System or
any successor system to facilitate the collection of complete, timely,
and reliable data on interagency contracting actions and on
transactions other than contracts, grants, and cooperative agreements
issued pursuant to section 2371 of title 10, United States Code, or
similar authorities. The Director shall ensure that data, consistent
with what is collected for contract actions, is obtained on--
(1) interagency contracting actions, including data at the
task or delivery-order level; and
(2) other transactions, including the initial award and any
subsequent modifications awarded or orders issued.
(b) Amendment.--Subsection (d) of section 19 of the Office of
Federal Procurement Policy Act (41 U.S.C. 417(d)) is amended to read as
follows:
``(d) Transmission and Data Entry of Information.--The head of each
executive agency shall ensure the accuracy of the information included
in the record established and maintained by such agency under
subsection (a) and shall timely transmit such information to the
General Services Administration for entry into the Federal Procurement
Data System referred to in section 6(d)(4), or any successor system.''.

SEC. 4510. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE
MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A
CONTINGENCY OPERATION.

(a) Child Custody Protection.--Title II of the Servicemembers Civil
Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end
the following new section:

``SEC. 208. CHILD CUSTODY PROTECTION.

``(a) Restriction on Change of Custody.--If a motion for change of
custody of a child of a servicemember is filed while the servicemember
is deployed in support of a contingency operation, no court may enter
an order modifying or amending any previous judgment or order, or issue
a new order, that changes the custody arrangement for that child that
existed as of the date of the deployment of the servicemember, except
that a court may enter a temporary custody order if there is clear and
convincing evidence that it is in the best interest of the child.
``(b) Completion of Deployment.--In any preceding covered under
subsection (a), a court shall require that, upon the return of the
servicemember from deployment in support of a contingency operation,
the custody order that was in effect immediately preceding the date of
the deployment of the servicemember is reinstated, unless there is
clear and convincing evidence that such a reinstatement is not in the
best interest of the child.
``(c) Exclusion of Military Service From Determination of Child's
Best Interest.--If a motion for the change of custody of the child of a
servicemember is filed, no court may consider the absence of the
servicemember by reason of deployment, or possibility of deployment, in
determining the best interest of the child.
``(d) Contingency Operation Defined.--In this section, the term
`contingency operation' has the meaning given that term in section
101(a)(13) of title 10, United States Code, except that the term may
include such other deployments as the Secretary may prescribe.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to title
II the following new item:

``208. Child custody protection.''.

Passed the House of Representatives May 22, 2008.

Attest:

Clerk.
110th CONGRESS

2d Session

H. R. 5658

_______________________________________________________________________

AN ACT