    [Congressional Bills 110th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 5658 Placed on Calendar Senate (PCS)]

                                                           Calendar No. 758
    110th CONGRESS
      2d Session
                                    H. R. 5658

    _______________________________________________________________________

                       IN THE SENATE OF THE UNITED STATES

                                  June 3, 2008

                Received; read twice and placed on the calendar

    _______________________________________________________________________

                                     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. 1231. Payment of personnel expenses for multilateral cooperation
                                programs.
    Sec. 1232. Extension of Department of Defense authority to participate
                                in multinational military centers of
                                excellence.
    Sec. 1233. Study of limitation on classified contracts with foreign
                                companies engaged in space business with
                                China.
    Sec. 1234. Requirement to update National Intelligence Estimate on
                                Iran's nuclear intentions and capabilities.
    Sec. 1235. 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.
    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.

                  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

    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.

                  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

    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.

                  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. 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.

                           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. 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.

                 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.
    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.

                         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.
    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.

                  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.
    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.

                 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.
    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.

                  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.
    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.

                         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.
    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.

    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.
    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. 1231. Payment of personnel expenses for multilateral cooperation
                                programs.
    Sec. 1232. Extension of Department of Defense authority to participate
                                in multinational military centers of
                                excellence.
    Sec. 1233. Study of limitation on classified contracts with foreign
                                companies engaged in space business with
                                China.
    Sec. 1234. Requirement to update National Intelligence Estimate on
                                Iran's nuclear intentions and capabilities.
    Sec. 1235. Employment for resettled Iraqis.

                      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. 1231. 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. 1232. 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. 1233. 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. 1234. 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. 1235. 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. 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.

                         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.
    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.

    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.

        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 Navy, $113,228,000.
                (2) For the Air Force, $72,041,000.
                (3) For Defense-wide activities, $202,559,000.

    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.

        (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 title 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.--The total amount of authorizations that
            the Secretary may transfer under the authority of this section
            may not exceed $4,000,000,000.
        (b) Terms and Conditions.--Transfers under this section shall be
    subject to the same terms and conditions as transfers under section
    1001.
        (c) Additional Authority.--The transfer authority provided by this
    section is in addition to the transfer authority provided under section
    1001.

    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.
    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.

    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.
    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.

    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.
    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.

    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.
    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.

    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.

        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 Air Force in the total amount of $1,966,868,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2301(a), $749,619,000.
                (2) For military construction projects outside the United
            States authorized by section 2301(b), $81,200,000.
                (3) For the military construction projects at unspecified
            worldwide locations authorized by section 2301(c), $53,391,000.
                (4) For unspecified minor military construction projects
            authorized by section 2805 of title 10, United States Code,
            $15,000,000.
                (5) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $77,314,000.
                (6) For military family housing functions:
                        (A) For construction and acquisition, planning and
                    design, and improvement of military family housing and
                    facilities, $395,879,000.
                        (B) For support of military family housing
                    (including functions described in section 2833 of title
                    10, United States Code), $594,465,000.

    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.
    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.

                   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.
    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.

    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.
    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.

                           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. 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.

     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.
    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.

    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:

                                             Navy: Outside the United States
    ----------------------------------------------------------------------------------------------------------------
                      Country                                Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    Djibouti..................................  Camp Lemonier.....................................       $22,390,000
    ----------------------------------------------------------------------------------------------------------------

        (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:

                                           Air Force: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                       State                                 Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    California................................  Beale Air Force Base..............................       $17,600,000
    Florida...................................  Eglin Air Force Base..............................       $11,000,000
    New Jersey................................  McGuire Air Force Base............................        $6,200,000
    New Mexico................................  Cannon Air Force Base.............................        $8,000,000
    ----------------------------------------------------------------------------------------------------------------

        (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.
    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.

             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.
    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.

    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. 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. 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:

                                                LORRAINE C. MILLER,

                                                                     Clerk.
                                                           Calendar No. 758

    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.

    _______________________________________________________________________

                                  June 3, 2008

                Received; read twice and placed on the calendar