[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2787 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2787

     To authorize appropriations for fiscal year 2009 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 2009, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 31 (legislative day, March 13), 2008

  Mr. Levin (for himself and Mr. McCain) (by request) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
     To authorize appropriations for fiscal year 2009 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 2009, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Authorization Act 
for Fiscal Year 2009''.

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

    (a) Divisions.--This Act is organized into two divisions as 
follows:
            (1) Division a.--Department of Defense Authorizations.
            (2) Division b.--Military Construction Authorizations.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 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. Rapid Acquisition Fund.
Sec. 106. Joint Improvised Explosive Device Defeat Fund.
Sec. 107. Defense Production Act purchases.
                     Subtitle B--Air Force Programs

Sec. 111. Performance based logistics contracts for the F-35 Joint 
                            Strike Fighter.
         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

                    Authorization of Appropriations

Sec. 201. Authorization of appropriations.
                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
                  Subtitle B--Environmental Provisions

Sec. 311. Reimbursement of Environmental Protection Agency for certain 
                            costs in connection with Moses Lake 
                            Wellfield Superfund Site, Moses Lake, 
                            Washington.
                 Subtitle C--Workplace and Depot Issues

Sec. 321. Exception from prohibition on contractor performance of 
                            firefighting functions.
Sec. 322. Exception to prohibition on contracts for performance of 
                            security guard functions.
Sec. 323. Authority to consider depot level maintenance and repair 
                            using contractor furnished equipment or 
                            leased facilities as core logistics.
                       Subtitle D--Other Matters

Sec. 331. Recovery of missing military property.
              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Increase in Marine Corps Reserve general officers in an 
                            active status.
Sec. 403. Exclusion of certain personnel from counting for active-duty 
                            end strengths.
                       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.
              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Amendment of limited exclusion of joint duty requirements.
Sec. 502. Changes to promotion policy objectives for joint officers.
Sec. 503. Length of joint duty assignments.
Sec. 504. Streamlining language of joint duty requirements for 
                            promotion to general or flag officer.
Sec. 505. Technical changes to ``joint specialty'' terminology.
Sec. 506. Conforming changes to ``joint specialty'' terminology.
Sec. 507. Increased tenure for lieutenant generals.
                 Subtitle B--Reserve Component Matters

Sec. 511. Extension of retention on the Reserve active status list of 
                            military technicians (dual status) until 
                            age 60.
Sec. 512. Increase age limitation of Reserve component chaplains and 
                            medical officers beyond age 64.
Sec. 513. Conforming amendments to increase the mandatory retirement 
                            age for Reserve officers.
Sec. 514. Authority to require the uniform by military technicians 
                            (dual status).
Sec. 515. National Guard officers in Federal and federally funded State 
                            status.
Sec. 516. Clarification of authority to consider for a vacancy 
                            promotion National Guard officers ordered 
                            to active duty during a contingency 
                            operation.
                   Subtitle C--Education and Training

Sec. 521. Awarding of Master of Arts in Strategic Security Studies.
Sec. 522. Tuition reimbursement and use of funds at the United States 
                            Air Force Institute of Technology.
Sec. 523. Expanded authority to award degrees.
Sec. 524. Authority to prescribe authorized strength for the United 
                            States Naval Academy.
                Subtitle D--General Service Authorities

Sec. 531. Change in requirement for posthumous certification.
Sec. 532. Raise maximum reenlistment term.
                       Subtitle E--Other Matters

Sec. 541. Civil liability for noncompliance and enforcement of 
                            Servicemembers Civil Relief Act.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

           Subtitle A--Bonuses and Special and Incentive Pays

Sec. 601. One-year extension of certain bonus and special pays for 
                            Reserve forces.
Sec. 602. One-year extension of certain bonus and special pay 
                            authorities for certain health care 
                            professionals.
Sec. 603. One-year extension of special pay and bonus authorities for 
                            nuclear officers.
Sec. 604. Direct accession bonus for psychology officers.
Sec. 605. Extending maximum length of nuclear officer incentive pay 
                            agreements for service.
            Subtitle B--Travel and Transportation Allowances

Sec. 611. Travel and transportation allowances for certain family 
                            members and the person designated to direct 
                            the disposition of the deceased's remains 
                            to attend the burial ceremony or memorial 
                            service of members who die on duty.
             Subtitle C--Retired Pay and Survivor Benefits

Sec. 621. Waiver of recoupment of overpayments of retired pay to spouse 
                            or former spouse as a result of retroactive 
                            disability determination.
Sec. 622. Survivor Benefit Plan: extension of period for election 
                            deemed to have been made.
Sec. 623. Survivor Benefit Plan: multiple beneficiaries.
Sec. 624. Survivor Benefit Plan: financial responsibility for Survivor 
                            Benefit Plan participation.
Sec. 625. Survivor Benefit Plan: presumptive proportionate share.
Sec. 626. Revocation of ten-year rule for direct payment of retired 
                            pay.
Sec. 627. Allowing member to submit application for direct payment.
Sec. 628. Disregard periods of confinement for dependent victims of 
                            abuse.
Sec. 629. Clarifying amendment regarding jurisdiction for purposes of 
                            allocation of retired pay under the 
                            Uniformed Services Former Spouse Protection 
                            Act.
Sec. 630. Division of retired pay to be based on member's length of 
                            service and pay grade at time of divorce.
Sec. 631. Increases for divisions of retired pay expressed as a dollar 
                            amount.
Sec. 632. Prohibit court-ordered payments before retirement based on 
                            imputation of retired pay.
Sec. 633. Allow member to waive notice and provide court order upon 
                            request.
Sec. 634. Lump sum payments to former spouses of members of the 
                            uniformed services.
                       Subtitle D--Other Matters

Sec. 641. Permanent retention of eligibility for the earned income tax 
                            credit by servicemembers deployed to a 
                            combat zone.
Sec. 642. Exclusion from gross incomes of adjustments to the family 
                            separation allowance.
Sec. 643. Family pet shipment during evacuation of non-essential 
                            personnel.
                   TITLE VII--HEALTH CARE PROVISIONS

                Subtitle A--TRICARE Program Improvements

Sec. 701. Revising TRICARE program cost sharing amounts.
Sec. 702. Changes in payment options for TRICARE Prime.
Sec. 703. Obstetrical travel for command-sponsored dependents of 
                            uniformed members assigned to very remote 
                            areas outside the continental United 
                            States.
                       Subtitle B--Other Matters

Sec. 711. Mental health evaluations of members of the Armed Forces by 
                            masters-level clinical social workers with 
                            an independent license.
  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

             Subtitle A--Acquisition Policy and Management

Sec. 801. Revision to the requirement for 15-day waiting period to 
                            issue solicitations after publication of 
                            synopsis.
Sec. 802. Repeal of Small Business Competitiveness Demonstration 
                            Program.
Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

Sec. 811. Unmanned systems.
Sec. 812. Enhanced transfer of technology developed at DoD 
                            laboratories.
                       Subtitle C--Other Matters

Sec. 821. Extension of length of contracts for renewable energy sources 
                            and associated services.
Sec. 822. Modification of authority to accept financial and other 
                            incentives related to energy savings and 
                            similar new authority related to energy 
                            systems.
Sec. 823. Timeliness requirements on post-award bid protest 
                            jurisdiction of the Court of Federal 
                            Claims.
                       Subtitle D--Other Matters

Sec. 831. Applicability of the restriction on specialty metals.
Sec. 832. Clarification of jurisdiction of the United States district 
                            courts to hear bid protest disputes 
                            involving maritime contracts.
Sec. 833. Streamline jurisdiction over government contract claims, 
                            disputes and appeals arising out of 
                            maritime contracts.
Sec. 834. Repeal of the military system breakout list.
      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Permanent authority to accept gifts to benefit members of the 
                            Armed Forces and Department of Defense 
                            employees injured or killed in line of duty 
                            and their dependents.
Sec. 902. Modification of procedures to preserve the search and rescue 
                            capabilities of the Federal Government 
                            consistent with military requirements.
             Subtitle B--Chemical Demilitarization Program

Sec. 911. Chemical Demilitarization Citizens' Advisory Commission in 
                            Colorado and Kentucky.
Sec. 912. Modify the termination requirements for assistance to State 
                            and local governments under the Chemical 
                            Stockpile Emergency Preparedness Program.
                Subtitle C--Intelligence-Related Matters

Sec. 921. Operational files of the Defense Intelligence Agency.
Sec. 922. Prohibition on disclosure of certain geodetic products.
Sec. 923. Technical changes following the redesignation of National 
                            Imagery and Mapping Agency as National 
                            Geospatial-Intelligence Agency.
                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Increase limitation on advance billing of working capital 
                            fund customers.
Sec. 1002. Crediting of admiralty claim receipts for damage to DoD 
                            working capital fund account property.
Sec. 1003. Licensing of intellectual property; definitions.
          Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Temporary waiver of the minimum aircraft carrier 
                            requirement.
Sec. 1012. Clarification of status of government rights in the designs 
                            of Department of Defense vessels, boats, 
                            craft, and components thereof.
                  Subtitle C--Counter-Drug Activities

Sec. 1021. Expansion and extension of authority to provide additional 
                            support for counter-drug activities of 
                            certain foreign governments.
            Subtitle D--Matters Related to Homeland Security

Sec. 1031. Reserve support for responses to certain emergencies.
Sec. 1032. Reserve support to major public emergencies.
Sec. 1033. Reserve support to enforcement of Federal authority.
Sec. 1034. Reserve support to Federal aid for State Governments.
Sec. 1035. Procurement of equipment by State and local governments.
Sec. 1036. Confidential business and homeland security information 
                            sharing.
         Subtitle E--Miscellaneous Authorities and Limitations

Sec. 1041. Minimum annual purchase amounts for airlift from carriers 
                            participating in the Civil Reserve Air 
                            Fleet.
                       Subtitle F--Other Matters

Sec. 1051. Presentation of burial flag to spouses.
Sec. 1052. Defense Production Act Amendments of 2008.
Sec. 1053. Amendment to annual submission of information regarding 
                            information technology capital assets.
                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Increase in authorized number of Defense Intelligence Senior 
                            Executive Service employees.
Sec. 1102. Permanent extension of Department of Defense voluntary 
                            reduction in force authority.
Sec. 1103. Flexibility in paying annuity to Federal retirees who return 
                            to work.
Sec. 1104. Direct hire authority for healthcare professionals of the 
                            Deparment of Defense.
Sec. 1105. Extension of authority to make lump sum severance payments.
Sec. 1106. Technical change to the definition of a professional 
                            accounting position.
             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Fund foreign visitors to the service academy international 
                            programs and establish per diem for faculty 
                            and cadets in study abroad programs.
     Subtitle B--Nonproliferation Matters and Countries of Concern

Sec. 1211. Waiver of certain sanctions against North Korea.
                       Subtitle C--Other Matters

Sec. 1221. Sales of defense services to be performed overseas to 
                            support direct commercial sales by United 
                            States companies.
TITLE XIII--MATTERS RELATING TO BUILDING PARTNER CAPABILITIES TO COMBAT 
                    TERRORISM AND ENHANCE STABILITY

 Subtitle A--Building Security Capacity and Non-Military Stabilization 
                                Support

Sec. 1301. Building the partnership capacity of foreign military and 
                            other security forces.
   Subtitle B--Enhancing Partners' Capacity for Effective Operations

Sec. 1311. Loans of significant military equipment.
Sec. 1312. Grants of non-lethal excess defense articles by geographic 
                            combatant commanders.
Sec. 1313. Establishment of a defense coalition support account to 
                            maintain inventory of critical items for 
                            coalition partners.
Sec. 1314. Reimbursement of salaries for Reserve components in support 
                            of security cooperation missions.
Sec. 1315. Enhanced authority to pay incremental expenses for 
                            participation of developing countries in 
                            combined exercises.
 Subtitle C--Developing Commonality by Expanding Professional Military 
             Education, Training, and Support for Partners

Sec. 1321. Authority for distribution to certain foreign personnel of 
                            education and training materials and 
                            information technology to enhance military 
                            interoperability.
Sec. 1322. Enhancing participation of the Department of Defense in 
                            multinational military centers of 
                            excellence.
Sec. 1323. Regional defense combating terrorism fellowship program.
Sec. 1324. Military-to-military contacts and comparable activities.
Sec. 1325. Payment of personnel expenses for multilateral cooperation 
                            programs.
Sec. 1326. Enhancing the ability of the United States Government to 
                            conduct complex operations.
  Subtitle D--Setting Conditions Through Support for Local Populations

Sec. 1331. Amendments of authority for humanitarian assistance.
Sec. 1332. Making permanent and global the commanders emergency 
                            response program for urgent humanitarian 
                            and reconstruction needs in the field.
            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
                            2005 project inside the United States.
Sec. 2206. Modification of authority to carry out certain fiscal year 
                            2007 projects inside the United States.
                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
                            projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
                            acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorized base closure and realignment activities funded 
                            through Department of Defense Base Closure 
                            Account 2005.
Sec. 2404. Authorization of appropriations, Defense Agencies.
   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
             TITLE XXVI--CHEMICAL DEMILITARIZATION PROGRAM

Sec. 2601. Authorized Chemical Demilitarization Program construction 
                            and land acquisition projects.
Sec. 2602. Authorization of appropriations, Chemical Demilitarization 
                            Construction, Defense-wide.
Sec. 2603. Modification of authority to carry out certain fiscal year 
                            1997 project.
Sec. 2604. Modification of authority to carry out certain fiscal year 
                            2000 project.
Sec. 2605. Modification of authority to carry out certain fiscal year 
                            2007 project.
            TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES

Sec. 2701. Authorized Guard and Reserve construction and land 
                            acquisition projects.
        TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2801. Expiration of authorizations and amounts required to be 
                            specified by law.
Sec. 2802. Extension of authorizations of certain fiscal year 2006 
                            projects.
Sec. 2803. Extension of authorizations of certain fiscal year 2005 
                            projects.
          TITLE XXIX--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2901. Modification of long-term leasing authority for military 
                            family housing.
Sec. 2902. Unspecified minor construction.
Sec. 2903. Flexibility in determining domestic family housing lease 
                            maximums.
Sec. 2904. Transfer of proceeds from property conveyance, Marine Corps 
                            Logistics Base, Albany, Georgia.
        Subtitle B--Real Property and Facilities Administration

Sec. 2911. Modification of utility system conveyance authority.
Sec. 2912. Repeal of requirement to follow State law governing the 
                            provision of electric utility service.
Sec. 2913. Permanent authority to purchase municipal services for 
                            military installations in the United 
                            States.
Sec. 2914. Clarification of congressional reporting requirements for 
                            certain real property transactions of the 
                            military departments.
                Subtitle C--Base Closure and Realignment

Sec. 2921. Annual base closure and realignment report.
                       Subtitle D--Other Matters

Sec. 2931. Expand cooperative agreement authority for management of 
                            cultural resources to include off-
                            installation mitigation.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement for the Army as follows:
            (1) For aircraft, $5,009,835,000.
            (2) For missiles, $2,211,460,000.
            (3) For weapons and tracked combat vehicles, 
        $3,687,077,000.
            (4) For ammunition, $2,275,791,000.
            (5) For other procurement, $11,367,926,000.

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, $14,716,774,000.
            (2) For weapons, including missiles and torpedoes, 
        $3,575,482,000.
            (3) For shipbuilding and conversion, $12,732,918,000.
            (4) For other procurement, $5,482,856,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2009 for procurement for the Marine Corps in the amount 
of $1,512,765,000.
    (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 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, $12,676,496,000.
            (2) For ammunition, $894,478,000.
            (3) For missiles, $5,536,728,000.
            (4) For other procurement, $16,128,396,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for Defense-wide procurement in the amount of $3,164,228,000.

SEC. 105. RAPID ACQUISITION FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for Rapid Acquisition Fund in the amount of $102,045,000.

SEC. 106. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for Joint Improvised Explosive Device Defeat Fund in the amount of 
$496,300,000.

SEC. 107. DEFENSE PRODUCTION ACT PURCHASES.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for Defense Production Act purchases in the amount of $36,365,000.

                     Subtitle B--Air Force Programs

SEC. 111. PERFORMANCE BASED LOGISTICS CONTRACTS FOR THE F-35 JOINT 
              STRIKE FIGHTER.

    (a) Availability of Operation and Maintenance Funds.--Funds 
available to the Department of Air Force and the Department of Navy for 
operation and maintenance may be used to fund both expense and 
investment costs under Performance Based Logistics contracts for the 
Joint Strike Fighter (JSF) F-35.
    (b) Definition.--In this section, the term ``Performance Based 
Logistics contract'' means a contract for the acquisition of 
sustainment support as an integrated, affordable, performance package 
designed to optimize system readiness and availability, while achieving 
performance goals for the JSF with clear lines of authority and 
responsibility and with cost insight.
    (c) Sunset.--The authority provided by this section shall terminate 
on September 30, 2015.

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

                    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, $10,524,085,000.
            (2) For the Navy, $19,337,238,000.
            (3) For the Air Force, $28,066,617,000.
            (4) For Defense-wide activities, $21,688,001,000, of which 
        $188,772,000 is authorized for the Director of Operational Test 
        and Evaluation.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 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, $31,243,092,000.
            (2) For the Navy, $34,922,398,000.
            (3) For the Marine Corps, $5,597,254,000.
            (4) For the Air Force, $35,902,487,000.
            (5) For the Defense-wide activities, $26,091,864,000.
            (6) For the Army Reserve, $2,642,341,000.
            (7) For the Navy Reserve, $1,311,085,000.
            (8) For the Marine Corps Reserve, $213,131,000.
            (9) For the Air Force Reserve, $3,142,892,000.
            (10) For the Army National Guard, $5,875,546,000.
            (11) For the Air National Guard, $5,879,576,000.
            (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, 
        $496,227,000.
            (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 Former Soviet Union Threat Reduction programs, 
        $414,135,000.
            (20) For the Overseas Contingency Operations Transfer Fund, 
        $9,101,000.

SEC. 302. 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, $1,489,234,000.
            (2) For the National Defense Sealift Fund, $1,962,253,000.
            (3) For the Defense Coalition Support Fund, $22,000,000.

SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

    (a) Defense Health Program.--Funds are hereby authorized to be 
appropriated for the Department of Defense for fiscal year 2009 for 
expenses, not otherwise provided for, for the Defense Health Program, 
in the amount of $23,615,202,000, of which--
            (1) $23,117,359,000 is for Operation and Maintenance;
            (2) $193,938,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $303,905,000 is for Procurement.
    (b) Chemical Agents and Munitions Destruction, Army.--
            (1) Authorization of appropriations.--Funds are hereby 
        authorized to be appropriated for the Department of Defense for 
        fiscal year 2009 for expenses, not otherwise provided for, for 
        Chemical Agents and Munitions Destruction, in the amount of 
        $1,485,634,000, of which--
                    (A) $1,152,668,000 is for Operation and 
                Maintenance;
                    (B) $268,881,000 is for Research, Development, 
                Test, and Evaluation; and
                    (C) $64,085,000 is for Procurement.
            (2) Use.--Amounts authorized to be appropriated under 
        paragraph (1) are authorized for--
                    (A) the destruction of lethal chemical agents and 
                munitions in accordance with section 1412 of the 
                Department of Defense Authorization Act, 1986 (50 
                U.S.C. 1521); and
                    (B) the destruction of chemical warfare materiel of 
                the United States that is not covered by section 1412 
                of such Act.
    (c) Drug Interdiction and Counter-Drug Activities, Defense-Wide.--
Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2009 for expenses, not otherwise provided for, 
for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the 
amount of $1,060,463,000.
    (d) 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 $247,845,000, of 
which--
            (1) $246,445,000 is for Operation and Maintenance; and
            (2) $1,400,000 is for Procurement.

                  Subtitle B--Environmental Provisions

SEC. 311. 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), the Secretary of Defense may transfer not more than 
        $64,049.40 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.

                 Subtitle C--Workplace and Depot Issues

SEC. 321. EXCEPTION FROM PROHIBITION ON CONTRACTOR PERFORMANCE OF 
              FIREFIGHTING FUNCTIONS.

    Section 2465(b) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(5) A contract for the performance of firefighting 
        functions to--
                    ``(A) fight wildland fires such as range or forest 
                fires, and
                    ``(B) perform wildland fire management such as 
                prescribed burning.''.

SEC. 322. EXCEPTION TO PROHIBITION ON CONTRACTS FOR PERFORMANCE OF 
              SECURITY GUARD FUNCTIONS.

    Section 2465(b) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(5) A contract for security guard functions at any 
        military installation or facility for the duration of a Force 
        Protection Condition higher than Alpha; provided that such 
        contract shall not result in the displacement of any Federal 
        employee, and shall continue in effect no more than 90 days 
        following the termination of such a higher Force Protection 
        Condition.''.

SEC. 323. AUTHORITY TO CONSIDER DEPOT LEVEL MAINTENANCE AND REPAIR 
              USING CONTRACTOR FURNISHED EQUIPMENT OR LEASED FACILITIES 
              AS CORE LOGISTICS.

    Section 2474 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) Exception for Core Logistics.--Depot-level maintenance and 
repair workload performed at a Center of Industrial and Technical 
Excellence by Federal Government employees using contractor-furnished 
equipment or by government employees utilizing government-leased 
facilities may be considered as workload necessary to maintain core 
logistics capability identified in section 2464 of this title if the 
depot-level maintenance and repair workload is the subject of a public-
private partnership entered into pursuant to subsection (b).''.

                       Subtitle D--Other Matters

SEC. 331. RECOVERY OF MISSING MILITARY PROPERTY.

    (a) In General.--Section 2789 of title 10, United States Code, is 
amended to read as follows:
``Sec. 2789. Recovery of Department of Defense property: unauthorized 
              disposition
    ``(a) Prohibition.--No member of the armed forces, civilian 
employee of the Government, contractor personnel, or any other person 
may sell, lend, pledge, barter, or give any clothing, arms, articles, 
equipment, or any other military or Department of Defense property to 
any unauthorized person.
    ``(b) Seizure of Improperly Disposed of Property.--If a member of 
the armed forces, civilian employee of the Government, contractor 
personnel, or any other person has disposed of military or Department 
of Defense property in violation of subsection (a), any civil or 
military officer of the United States or any State or local law 
enforcement official may seize the property, wherever found. If such 
property is in the possession of a person who is not authorized to 
receive it, that person in possession has no title or right to, or 
interest in, the property. Possession of such property by a person who 
is neither a member of the armed forces nor an official of the United 
States is prima facie evidence that the property has been disposed of 
in violation of subsection (a).
    ``(c) Delivery of Seized Property.--Any official who seizes 
property under subsection (b) and is not authorized to retain it for 
the United States shall deliver the property to an authorized member of 
the armed forces or other authorized official of the Department of 
Defense.
    ``(d) Retroactive Enforcement Authorized.--This section shall apply 
to any military or Department of Defense property which was the subject 
of unauthorized disposition any time after January 1, 2002.
    ``(e) Severability Clause.--In the event that any portion of this 
section is held unenforceable, all other portions of this section shall 
remain in full force and effect.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 165 of such title is amended by striking the item relating to 
section 2789 and inserting the following new item:

``2789. Recovery of Department of Defense property: unauthorized 
                            disposition.''.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2009, as follows:
            (1) The Army, 532,400.
            (2) The Navy, 325,300.
            (3) The Marine Corps, 194,000.
            (4) The Air Force, 316,600.

SEC. 402. INCREASE IN MARINE CORPS RESERVE GENERAL OFFICERS IN AN 
              ACTIVE STATUS.

    The table in section 12004(a) of title 10, United States Code, is 
amended by striking ``10'' in the item relating to the Marine Corps and 
inserting ``12''.

SEC. 403. EXCLUSION OF CERTAIN PERSONNEL FROM COUNTING FOR ACTIVE-DUTY 
              END STRENGTHS.

    (a) In General.--Section 115(i) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(14) Members of a reserve component ordered to active 
        duty under section 12301(d) of this title or full-time National 
        Guard duty under section 502(f)(2) of title 32 for the purpose 
        of responding to a serious domestic manmade or natural 
        disaster, accident, or catastrophe.''.
    (b) Conforming Amendment.--Such section is further amended by 
inserting ``and (14)'' in subsection (b)(3)(B) after ``(8)''.

                       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) Adjustments.--The end strengths prescribed by subsection (a) 
for the Selected Reserve of any Reserve component shall be 
proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or 
        for unsatisfactory participation in training) without their 
        consent at the end of the fiscal year.
Whenever such units or such individual members are released from active 
duty during any fiscal year, the end strength prescribed for such 
fiscal year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE 
              RESERVES.

    Within the end strengths prescribed in section 411(a), the Reserve 
components of the Armed Forces are authorized, as of September 30, 
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, 29,950.
            (2) The Army Reserve, 16,170.
            (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.

              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 
$114,896,340,000.

SEC. 422. ARMED FORCES RETIREMENT HOME.

    There is hereby 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.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

SEC. 501. AMENDMENT OF LIMITED EXCLUSION OF JOINT DUTY REQUIREMENTS.

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

SEC. 502. CHANGES TO PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.

    Section 662 of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``that--(1)'' and all 
        that follows through the period at the end and inserting ``that 
        officers in the grade of major (or in the case of the Navy, 
        lieutenant commander) or above who have been designated as a 
        Joint Qualified Officer are expected as a group to be promoted 
        to the next higher grade at a rate not less than the rate for 
        officers of the same armed force in the same grade and 
        competitive category.''; 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), (2), and 
        (3) of subsection (a)'' and inserting ``Joint Qualified 
        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), especially with respect to the record of 
        officer selection boards in meeting the objective of subsection 
        (a)''.

SEC. 503. LENGTH OF JOINT DUTY ASSIGNMENTS.

    Section 664 of title 10, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1), by amending subparagraph (D) 
                to read as follows:
                    ``(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
                    (B) by amending paragraph (3) to read as follows:
            ``(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).'';
            (2) in subsection (e), by amending paragraph (2) to read as 
        follows:
            ``(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).'';
            (3) in subsection (f)--
                    (A) by amending paragraphs (3) and (4) to read as 
                follows:
            ``(3) Accrued joint experience in joint duty assignments as 
        described in subsection (g).
            ``(4) A joint duty assignment outside the United States or 
        in Alaska or Hawaii for which the normal accompanied-by-
        dependents tour of duty is prescribed by regulation to be at 
        least two years in length, if the officer serves in the 
        assignment for a period equivalent to the accompanied-by-
        dependents tour length.''; and
                    (B) by amending paragraph (6) to read as follows:
            ``(6) A second and subsequent joint duty assignment that is 
        less than the period required under subsection (a), but not 
        less than two years.'';
            (4) by striking subsection (g) and inserting the following:
    ``(g) Accrued Joint Experience.--For the purposes of subsection 
(f)(3), joint experience (e.g., temporary duty in joint assignments, 
joint individual training, and participation in joint exercises) as 
prescribed in regulations by the Secretary of Defense, with the advice 
of the Chairman of the Joint Chiefs of Staff, may be aggregated to 
equal a full tour of duty.'';
            (5) in subsection (h)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) The Secretary of Defense may award constructive 
        credit in the case of an officer (other than a general or flag 
        officer) who, for reasons of military necessity, is reassigned 
        from a joint duty assignment within 60 days of meeting the tour 
        length criteria prescribed in subsection (f)(1), (f)(2), or 
        (f)(4). The amount of constructive service that may be credited 
        to such officer shall be the amount sufficient for the 
        completion of the applicable tour of duty requirement, but in 
        no case more than 60 days.''; and
                    (B) by striking paragraph (3); and
            (6) by striking subsection (i).

SEC. 504. STREAMLINING LANGUAGE OF 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 the heading, by striking ``joint duty assignment'' 
        and inserting ``Joint Qualified Office designation'';
            (2) by amending subsection (a) to read as follows:
    ``(a) General Rule.--An officer on the active-duty list of the 
Army, Navy, Air Force, or Marine Corps may not be appointed to the 
grade of brigadier general or rear admiral (lower half) unless the 
officer has been designated as a Joint Qualified Officer in accordance 
with section 661 of this title.'';
            (3) 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 if the 
                officer has successfully completed a program of 
                education as described in subsections (b) and (c) of 
                section 2155 of this title''; and
            (4) by striking subsection (h).
    (b) Clerical Amendment.--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: Joint Qualified 
                            Officer designation required before 
                            promotion to general or flag grade; 
                            exceptions.''.

SEC. 505. TECHNICAL CHANGES TO ``JOINT SPECIALTY'' TERMINOLOGY.

    (a) 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 heading, by striking ``Joint Specialty 
                Officers.--'' and inserting ``Joint Qualified 
                Officers.--''; and
                    (B) by striking ``officer with the joint 
                specialty'' and inserting ``Joint Qualified Officer''; 
                and
            (2) in subsection (b)(1), by striking ``do not have the 
        joint specialty'' and inserting ``are not designated as Joint 
        Qualified Officers''.
    (b) Procedures for Monitoring Careers of Joint Officers.--Section 
665 of such title is amended--
            (1) in subsection (a)(1)(A), by striking ``officers with 
        the joint specialty'' and inserting ``Joint Qualified 
        Officers''; and
            (2) in subsection (b)(1), by striking ``officers with the 
        joint specialty'' and inserting ``Joint Qualified Officers''.

SEC. 506. CONFORMING CHANGES TO ``JOINT SPECIALTY'' TERMINOLOGY.

    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 ``officers with the joint 
        specialty'' and inserting ``Joint Qualified Officers'';
            (3) in paragraph (3), by striking ``selected for the joint 
        specialty'' each place it appears and inserting ``designated as 
        Joint Qualified Officers'';
            (4) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``selected for 
                the joint specialty'' and inserting ``designated as 
                Joint Qualified Officers''; and
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(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 paragraph (5);
            (6) by amending paragraph (6) to read as follows:
            ``(6) The promotion rate for Joint Qualified Officers, 
        compared with the promotion 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.'';
            (7) by striking paragraphs (7), (8), and (9);
            (8) in paragraph (10), by striking ``selection for the 
        joint specialty'' and inserting ``designation as a Joint 
        Qualified Officer'';
            (9) by striking paragraph (13); and
            (10) by amending paragraph (16) to read as follows:
            ``(16) The number of officers, 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. 507. INCREASED TENURE FOR LIEUTENANT GENERALS.

    Section 14508 of title 10, United States Code, is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e) and (g), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Thirty-Eight Years of Service for Lieutenant Generals and 
Vice Admirals.--Unless retired, Retired Reserve, or discharged at an 
earlier date, each Reserve officer of the Army, Air Force, or Marine 
Corps in the grade of lieutenant general, and each Reserve officer of 
the Navy in the grade of vice admiral shall be separated in accordance 
with section 14514 of this title on the later of the following:
            ``(1) 30 days after completion of 38 years of commissioned 
        service; or
            ``(2) the fifth anniversary of the date of the officer's 
        appointment in the grade of lieutenant general or vice 
        admiral.''; and
            (3) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f) 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 (b) 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.''.

                 Subtitle B--Reserve Component Matters

SEC. 511. EXTENSION OF RETENTION ON THE RESERVE ACTIVE STATUS LIST OF 
              MILITARY TECHNICIANS (DUAL STATUS) UNTIL AGE 60.

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

SEC. 512. INCREASE AGE LIMITATION OF RESERVE COMPONENT CHAPLAINS AND 
              MEDICAL OFFICERS BEYOND AGE 64.

    (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(a) 
of title 32, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) in the case of a chaplain or medical officer, he 
        becomes 68 years of age; or,''.

SEC. 513. CONFORMING AMENDMENTS TO INCREASE THE MANDATORY RETIREMENT 
              AGE FOR RESERVE OFFICERS.

    (a) Selective Service and United States Property and Fiscal 
Officers.--Section 12647 of title 10, United States Code, is amended by 
striking ``60 years'' and inserting ``62 years''.
    (b) Retention of Reserve Officers.--
            (1) Increased age.--Section 14702(b) of such title is 
        amended by striking ``60 years'' and inserting ``62 years''.
            (2) Conforming amendments.--
                    (A) The heading for such section is amended by 
                striking ``60'' and inserting ``62''.
                    (B) The heading for subsection (b) of such section 
                is amended by striking ``60'' and inserting ``62''.
            (3) Clerical amendment.--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 
                            until age 62.''.

SEC. 514. AUTHORITY TO REQUIRE THE UNIFORM BY MILITARY TECHNICIANS 
              (DUAL STATUS).

    Section 10216(a) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(4) Under regulations prescribed by the Secretary 
        concerned, the Secretary may require a military technician 
        (dual status), while performing duties as a military technician 
        (dual status), to wear the uniform appropriate for the member's 
        grade and component of the Armed Forces.''.

SEC. 515. NATIONAL GUARD OFFICERS IN FEDERAL AND FEDERALLY FUNDED STATE 
              STATUS.

    Section 325 of title 32, United States Code, is amended--
            (1) in subsection (a)(2), by striking ``in command of a 
        National Guard unit'';
            (2) by redesignating subsection (b) as subsection (d); and
            (3) by inserting after subsection (a) the following new 
        subsections:
    ``(b) Advance Authorization and Consent.--The President and 
Governor of the State or Territory or Puerto Rico, or the commanding 
general of the District of Columbia National Guard, as the case may be, 
respectively, may give the authorization and consent required by 
subsection (a)(2), in advance, for the purpose of establishing the 
succession of command of a unit.
    ``(c) National Guard Duties.--An officer who is not relieved from 
duty in the National Guard while serving on active duty pursuant to 
subsection (a)(2) may perform any duty authorized to be performed by 
the laws of his State or Territory, Puerto Rico, or the District of 
Columbia, as the case may be, by the National Guard without regard to 
the limitations imposed by section 1385 of title 18, provided the 
officer is exercising those duties in his status as a member of the 
National Guard and not in his status as a member of the National Guard 
of the United States.''.

SEC. 516. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A VACANCY 
              PROMOTION NATIONAL GUARD OFFICERS ORDERED TO ACTIVE DUTY 
              DURING A CONTINGENCY OPERATION.

    Section 14317 of title 10, United States Code, is amended--
            (1) in subsection (d), by inserting before the period at 
        the end of the first sentence the following: ``, or the officer 
        has been ordered to or is serving on active duty in support of 
        a contingency operation''; and
            (2) in subsection (e)(1)(B), by inserting ``, or by 
        examination for Federal recognition under title 32'' after 
        ``title''.

                   Subtitle C--Education and Training

SEC. 521. AWARDING OF MASTER OF ARTS IN STRATEGIC SECURITY STUDIES.

    (a) In General.--Section 2163 of title 10, United States Code, is 
amended--
            (1) by striking the heading and inserting the following:
``Sec. 2163. National Defense University: master's degree programs'';
            (2) in subsection (a), by inserting ``or master of arts'' 
        after ``science''; and
            (3) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(4) Master of arts in strategic security studies.--The 
        degree of master of arts in strategic security studies, to 
        graduates of the University who fulfill the requirements of the 
        program at the School for National Security Executive 
        Education.''.
    (b) 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. National Defense University: master's degree programs.''.
    (c) Applicability to 2006-2008 Graduates.--Paragraph (4) of section 
2163(b) of title 10, United States Code, as added by subsection (a) of 
this section, shall apply to any person who becomes a graduate on or 
after September 6, 2006.

SEC. 522. TUITION REIMBURSEMENT AND USE OF FUNDS AT THE UNITED STATES 
              AIR FORCE INSTITUTE OF TECHNOLOGY.

    Section 9314(c) of title 10, United States Code, is amended by 
adding at the end the following new paragraphs:
            ``(4)(A) To cover the costs of their attendance, the Air 
        Force Institute of Technology shall charge tuition for students 
        who are not--
                    ``(i) members of the Armed Forces under paragraphs 
                (1) through (3); nor
                    ``(ii) attending the Institute under Department of 
                the Air Force sponsorship.
        The organization sending such a student shall bear the costs of 
        tuition for that student.
            ``(B) The students covered by subparagraph (A) include 
        civilian employees from military departments other than the Air 
        Force, other Department of Defense agencies, other Federal 
        agencies, and private (non-governmental) entities.
            ``(5) Amounts received by the Institute for instruction of 
        students enrolled under this section shall be retained by the 
        Institute to defray the costs of such instruction. The source 
        and disposition of such funds shall be specifically identified 
        in the records of the Institute.''.

SEC. 523. EXPANDED AUTHORITY TO AWARD DEGREES.

    (a) United States Army War College.--(1) The text of section 4321 
of title 10, United States Code, is amended to read as follows:
    ``Under regulations prescribed by the Secretary of the Army, the 
Commandant of the United States Army War College may, upon 
recommendation of the faculty of the college, confer appropriate 
degrees upon graduates of the college who meet the degree requirements 
consistent with the recommendations of the United States Department of 
Education and principles of the regional accrediting body.''.
    (2) The heading for such section is amended by striking ``: master 
of strategic studies degree''.
    (3) 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. United States Army War College.''.
    (b) United States Army Command and General Staff College.--The text 
of section 4314 of such title is amended to read as follows:
    ``Under regulations prescribed by the Secretary of the Army, the 
Commandant of the United States Army Command and General Staff College 
may, upon recommendation of the faculty of the college, confer 
appropriate degrees upon graduates of the college who meet the degree 
requirements consistent with the recommendations of the United States 
Department of Education and principles of the regional accrediting 
body.''.
    (c) Marine Corps University.--(1) Section 7102 of such title is 
amended--
            (A) by striking subsections (a), (b), (c), and (d) and 
        inserting the following new subsection (a):
    ``(a) Authority.--Under regulations prescribed by the Secretary of 
the Navy, the President of the Marine Corps University may, upon 
recommendation of the faculty of a school or college of Marine Corps 
University, confer appropriate degrees upon graduates of the school or 
college who meet the degree requirements consistent with the 
recommendations of the United States Department of Education and 
principles of the regional accrediting body.'';
            (B) by redesignating subsection (e) as subsection (b); and
            (C) by striking ``masters degrees'' in the heading and 
        inserting ``authority''.
    (2) The table of sections at the beginning of chapter 401 of such 
title is amended by striking the item relating to section 7102 and 
inserting the following new title:

``7102. Marine Corps University: authority; board of advisors.''.
    (d) United States Air Force Institute of Technology.--Section 
9314(a) of such title is amended to read as follows:
    ``(a) Authority.--Under regulations prescribed by the Secretary of 
the Air Force, the Commander of Air University may, upon recommendation 
of the faculty of the United States Air Force Institute of Technology, 
confer appropriate degrees upon graduates of those programs who meet 
the degree requirements consistent with the recommendations of the 
United States Department of Education and principles of the regional 
accrediting body.''.
    (e) Air University.--The text of section 9317 of such title is 
amended to read as follows:
    ``Under regulations prescribed by the Secretary of the Air Force, 
the Commander of Air University may, upon recommendation of the faculty 
of the Air Force programs, confer appropriate degrees upon graduates of 
those programs who meet the degree requirements consistent with the 
recommendations of the United States Department of Education and 
principles of the regional accrediting body.''.

SEC. 524. AUTHORITY TO PRESCRIBE AUTHORIZED STRENGTH FOR THE UNITED 
              STATES NAVAL ACADEMY.

    Section 6954 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``4,000 or such higher number'' and 
                inserting ``4,400 or such lower number'';
                    (B) by striking ``under subsection (h)''; and
                    (C) by striking ``limitation'' and inserting 
                ``prescription''; and
            (2) by striking subsection (h).

                Subtitle D--General Service Authorities

SEC. 531. CHANGE IN REQUIREMENT FOR POSTHUMOUS CERTIFICATION.

    (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) shall require 
certification by the Secretary of the military department concerned 
that at the time of death the member was qualified for appointment to 
the next 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 sentence: 
        ``Warrants issued under this subsection shall require a finding 
        by the Secretary of the military department concerned that at 
        the time of death the member was qualified for appointment to 
        the next higher grade.''.

SEC. 532. RAISE MAXIMUM REENLISTMENT TERM.

    (a) In General.--Section 505(d) of title 10, United States Code, is 
amended--
            (1) in paragraph (2), by striking ``six'' and inserting 
        ``eight''; and
            (2) in paragraph (3)(A), by striking ``six'' and inserting 
        ``eight''.
    (b) Conforming Amendment.--Section 308(a)(2)(ii) of title 37, 
United States Code, is amended by striking ``six'' and inserting 
``eight''.

                       Subtitle E--Other Matters

SEC. 541. CIVIL LIABILITY FOR NONCOMPLIANCE AND ENFORCEMENT OF 
              SERVICEMEMBERS CIVIL RELIEF ACT.

    (a) General Civil Liability and Enforcement.--The Servicemembers 
Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at 
the end the following new title:

    ``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE AND ENFORCEMENT

``SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL.

    ``(a) Enforcement by Attorney General.--The Attorney General may 
commence a civil action in any appropriate United States District Court 
whenever the Attorney General has reasonable cause to believe that--
            ``(1) any person or group of persons is engaged in, or has 
        engaged in, a pattern or practice of conduct in violation of 
        any provision of this Act; or
            ``(2) any person or group of persons is denying, or has 
        denied, any person or group of persons any protection afforded 
        by any provision of this Act, and such denial raises an issue 
        of general public importance.
    ``(b) Relief Which May Be Granted in Civil Actions.--In a civil 
action under subsection (a), the court may--
            ``(1) enter any temporary restraining order, temporary or 
        permanent injunction, or other order as may be appropriate;
            ``(2) award monetary damages to a servicemember, dependent, 
        or other person protected by any provision of this Act who is 
        harmed by the failure to comply with any provision of this Act, 
        including actual and punitive damages; and
            ``(3) to vindicate the public interest, assess a civil 
        penalty against each defendant--
                    ``(A) in an amount not exceeding $55,000 for a 
                first violation; and
                    ``(B) in an amount not exceeding $110,000 for any 
                subsequent violation.
    ``(c) Intervention in Civil Actions.--Upon timely application, a 
servicemember, dependent, or other person protected by any provision of 
this Act may intervene in a civil action commenced by the Attorney 
General which involves an alleged violation of this Act with respect to 
which such person claims to be harmed. The court may grant to any such 
intervening party such appropriate relief as is authorized under 
subsection (b)(1) or (b)(2). The court may, in its discretion, allow an 
intervening party who is a prevailing party reasonable attorney's fees 
and costs.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Servicemembers Civil Relief Act is amended by adding at the end the 
following:

    ``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE AND ENFORCEMENT

``Sec. 801. Enforcement by the Attorney General.''.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

           Subtitle A--Bonuses and Special and Incentive Pays

SEC. 601. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAYS FOR 
              RESERVE FORCES.

    (a) Special Pay for Health Professionals in Critically Short 
Wartime Specialties.--Section 302g(e) of title 37, United States Code, 
is amended by striking ``December 31, 2008'' and inserting ``December 
31, 2009''.
    (b) Selected Reserve Reenlistment Bonus.--Section 308b(g) of such 
title is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2009''.
    (c) Selected Reserve Affiliation or Enlistment Bonus.--Section 
308c(i) of such title is amended by striking ``December 31, 2008'' and 
inserting ``December 31, 2009''.
    (d) 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''.
    (e) Ready Reserve Non-Prior Service Enlistment Bonus.--Section 
308g(f)(2) of such title is amended by striking ``December 31, 2008'' 
and inserting ``December 31, 2009''.
    (f) Ready Reserve Enlistment and Reenlistment Bonus.--Section 
308h(e) of such title is amended by striking ``December 31, 2008'' and 
inserting ``December 31, 2009''.
    (g) Prior Service Reenlistment Bonus.--Section 308i(f) of such 
title is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2009''.
    (h) Repayment of Education Loans for Certain Health Professionals 
Who Serve in the Selected Reserve.--Section 16302(d) of title 10, 
United States Code, is amended by striking ``January 1, 2009'' and 
inserting ``January 1, 2010''.

SEC. 602. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
              AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.

    (a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1) 
of title 10, United States Code, is amended by striking ``December 31, 
2008'' and inserting ``December 31, 2009''.
    (b) 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''.
    (c) 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''.
    (d) Accession Bonus for Dental Officers.--Section 302h(a)(1) of 
such title is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2009''.
    (e) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such 
title is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2009''.
    (f) 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''.
    (g) 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. 603. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR 
              NUCLEAR OFFICERS.

    (a) Special Pay for Nuclear-Qualified Officers Extending Period of 
Active Service.--Section 312(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. 604. DIRECT ACCESSION BONUS FOR PSYCHOLOGY OFFICERS.

    (a) In General.--Chapter 5 of title 37, United States Code, is 
amended by inserting after section 302l the following new section:
``Sec. 302m. Special pay: accession bonus for psychology officers
    ``(a) Accession Bonus Authorized.--A person who is a fully licensed 
psychologist and who executes a written agreement described in 
subsection (d) to accept a commission as an officer of the Armed Forces 
and remain on active duty for a period of not less than four 
consecutive years may, upon the acceptance of the agreement by the 
Secretary concerned, be paid an accession bonus in the amount 
determined by the Secretary concerned.
    ``(b) Amount of Bonus.--The amount of an accession bonus under 
subsection (a) may not exceed $70,000.
    ``(c) Limitation on Eligibility for Bonus.--A person may not be 
paid a bonus under subsection (a) if--
            ``(1) the person, in exchange for an agreement to accept an 
        appointment as an officer, received financial assistance from 
        the Department of Defense to pursue a course of study in 
        psychology; or
            ``(2) the Secretary concerned determines that the person is 
        not qualified to become and remain certified as a psychologist.
    ``(d) Agreement.--The agreement referred to in subsection (a) shall 
provide that, consistent with the needs of the armed force concerned, 
the person executing the agreement will be assigned to duty, for the 
period of obligated service covered by the agreement, as an officer of 
the Medical Service Corps of the Army or the Navy or as an officer of 
the Air Force designated as a biomedical sciences officer.
    ``(e) Repayment.--A person who, after executing an agreement under 
subsection (a), is not commissioned as an officer of the Armed Forces, 
does not become licensed as a psychologist, or does not complete the 
period of active duty in a specialty specified in the agreement shall 
be subject to the repayment provisions of section 303a(e) of this 
title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
302l the following new item:

``302m. Special pay: accession bonus for psychology officers.''.

SEC. 605. EXTENDING 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'' and inserting ``not less than 
three''.

            Subtitle B--Travel and Transportation Allowances

SEC. 611. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN FAMILY 
              MEMBERS AND THE PERSON DESIGNATED TO DIRECT THE 
              DISPOSITION OF THE DECEASED'S REMAINS TO ATTEND THE 
              BURIAL CEREMONY OR MEMORIAL SERVICE OF MEMBERS WHO DIE ON 
              DUTY.

    (a) Unconditional Eligibility of Minor Siblings.--Section 
411f(c)(1) of title 37, United States Code, is amended by adding at the 
end the following new subparagraph:
                    ``(D) Any unmarried brother or sister of the 
                deceased member who is under 21 years of age, or if age 
                21 or more a dependent child of the parent or parents 
                of the deceased member, as determined under regulations 
                prescribed under subsection (f).''.
    (b) Unconditional Eligibility of Person Directing Disposition of 
Remains.--Subsection (a) of such section is amended by adding at the 
end the following new paragraph:
            ``(3) The person who directs the disposition of the remains 
        of the deceased member under section 1482(c) of title 10, or, 
        in the case of a deceased member whose remains are commingled 
        and buried in a common grave in a national cemetery, the person 
        who would have been designated under such section to direct the 
        disposition of the remains if individual identification had 
        been made.''; and
    (c) Conforming Amendment.--Subsection (c)(2) of such section is 
amended by striking ``to--'' and all that follows through ``(B)'' and 
inserting ``to up to two additional persons closely related to the 
deceased member who are selected by the person referred to under 
subsection (a)(3)''.

             Subtitle C--Retired Pay and Survivor Benefits

SEC. 621. WAIVER OF RECOUPMENT OF OVERPAYMENTS OF RETIRED PAY TO SPOUSE 
              OR FORMER SPOUSE AS A RESULT OF RETROACTIVE DISABILITY 
              DETERMINATION.

    Section 2774 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(g)(1) The Director of the Office of Management and Budget or the 
Secretary concerned, as the case may be, shall waive any claim for 
overpayment against a spouse or former spouse of a member if--
                    ``(A) the payment was disposable retired pay that, 
                pursuant to section 1408 of this title, a court treated 
                as property for the purpose of issuing a final decree 
                of divorce, dissolution, annulment, or legal 
                separation, including a court ordered, ratified, or 
                approved property settlement incident to such decree; 
                and
                    ``(B) the claim for overpayment is attributable to 
                a determination of entitlement to disability 
                compensation under title 38.
            ``(2) In this section:
                    ``(A) The term `court' has the meaning given such 
                term in section 1408(a)(1) of this title.
                    ``(B) The term `disposable retired pay' has the 
                meaning given such term in section 1408(a)(4) of this 
                title.
                    ``(C) The term `final decree' has the meaning given 
                such term in section 1408(a)(3) of this title.
                    ``(D) The term `member' has the meaning given such 
                term in section 1408(a)(5) of this title.
                    ``(E) The term `spouse or former spouse' has the 
                meaning given such term in section 1408(a)(6) of this 
                title.''.

SEC. 622. SURVIVOR BENEFIT PLAN: EXTENSION OF PERIOD FOR ELECTION 
              DEEMED TO HAVE BEEN MADE.

    (a) In General.--Section 1450(f)(3)(C) of title 10, United States 
Code, is amended by striking ``one year'' and inserting ``five years''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to divorces, dissolutions, annulments, or legal 
separations that become effective after the end of the 90-day period 
beginning on the date of enactment of this Act.

SEC. 623. SURVIVOR BENEFIT PLAN: MULTIPLE BENEFICIARIES.

    (a) Permit Spouse and Former Spouse Coverage.--Section 1448(b)(2) 
of title 10, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``prevents payment'' and inserting 
                ``reduces the amount''; and
                    (B) by striking ``including payment'' and inserting 
                ``including the amount of an annuity''; and
            (2) in subparagraph (C), by striking ``which former spouse 
        is to be provided the annuity'' and inserting ``the base amount 
        applicable in determining the amount of the annuity of each 
        former spouse''.
    (b) Permit Spouse and Former Spouse Annuities.--Section 1450(a)(1) 
of such title is amended to read as follows:
            ``(1) Surviving spouse and former spouse(s).--The eligible 
        surviving spouse and every eligible former spouse.''.
    (c) Permit Reductions in Retired Pay in the Case of Multiple 
Beneficiaries.--Section 1452 of such title is amended by adding at the 
end the following new subsection:
    ``(k) Reductions in Retired Pay in the Case of Multiple 
Beneficiaries.--When a participant in the Plan has elected to provide 
an annuity to a spouse and to one or more former spouses, reductions in 
retired pay required by subsection (a) shall be made for each annuity 
elected, in an amount based on the base amount applicable to each 
annuity. In the case of a reduction in retired pay to provide an 
annuity to a former spouse to whom payment of a portion of a member's 
retired pay is being made pursuant to a court order under section 1408 
of this title, such reduction in retired pay shall be deducted from the 
amounts paid to such member, to such former spouse, or both, as 
provided by court order or by agreement of the parties.''.
    (d) Effective Date.--The amendments made by subsections (a), (b), 
and (c) apply with respect to elections made on or after the date of 
enactment of this Act. Any election to provide an annuity to a spouse 
or former spouse who was prevented from being a beneficiary under the 
laws in effect before the date of enactment of this Act shall be made 
within 180 days following the date of enactment of this Act.
    (e) Coverage for Survivors of Retirement-Eligible Members Who Die 
on Active Duty.--(1) Section 1448(d) of such title is amended--
            (A) in paragraph (3), by striking ``the Secretary--(A) may 
        not pay an annuity under paragraph (1) or (2); but (B)'' and 
        inserting ``the Secretary''; and
            (B) by amending paragraph (5) to read as follows:
            ``(5) Computation.--(A) The amount of an annuity payable to 
        a former spouse pursuant to paragraph (3) shall be computed on 
        the basis of a base amount equal to the amount of retired pay 
        that, under the authority of section 1408(c) of this title, is 
        treated under a court order or spousal agreement as the 
        property of such former spouse.
            ``(B) The amount of an annuity payable under paragraph (1) 
        or (2) shall be computed under section 1451(c) of this title; 
        however, the retired pay otherwise applicable with respect to 
        such computation shall be reduced by an amount equal to the 
        base amount that provides the basis for computing the amount of 
        an annuity payable to a former spouse under paragraph (3) of 
        this subsection.''.
    (2) Effective Date.--The amendments made by paragraph (1) shall 
apply with respect to survivors of retirement-eligible members who die 
on active duty on or after the date of enactment of this Act.
    (f) Coverage for Survivors of Persons Dying When Eligible To Elect 
Reserve Component Annuity.--(1) Section 1448(f) of such title is 
amended--
            (A) by striking ``the Secretary--(A) may not pay an annuity 
        under paragraph (1) or (2); but (B)'' and inserting ``the 
        Secretary''; and
            (B) by amending paragraph (4) to read as follows:
            ``(4) Computation.--(A) The amount of an annuity payable to 
        a former spouse pursuant to paragraph (3) shall be computed on 
        the basis of a base amount equal to the amount of retired pay 
        that, under the authority of section 1408(c) of this title, is 
        treated under a court order or spousal agreement as the 
        property of such former spouse.
            ``(B) The amount of an annuity payable under paragraph (1) 
        or (2) shall be computed under section 1451(c) of this title; 
        however, the retired pay otherwise applicable with respect to 
        such computation shall be reduced by an amount equal to the 
        base amount that provides the basis for computing the amount of 
        an annuity payable to a former spouse under paragraph (3) of 
        this subsection.''.
    (2) Effective Date.--The amendments made by paragraph (1) shall 
apply with respect to survivors of persons eligible to elect reserve 
component annuity retirement-eligible members who die on or after the 
date of enactment of this Act.

SEC. 624. SURVIVOR BENEFIT PLAN: FINANCIAL RESPONSIBILITY FOR SURVIVOR 
              BENEFIT PLAN PARTICIPATION.

    (a) Spouse and Former Spouse Annuities.--Section 1452(a) of title 
10, United States Code, is amended--
            (1) in paragraph (1), by inserting ``paragraph (6) of this 
        subsection or'' after ``Except as provided in''; and
            (2) by adding at the end the following new paragraph:
            ``(6) Court order.--If a court order requires the former 
        spouse to pay all or a part of the costs associated with 
        providing an annuity to the former spouse, the participant's 
        retired pay shall not be reduced by the portion that the former 
        spouse is required to pay. The portion of Plan costs that a 
        former spouse is required to pay pursuant to a Court order 
        under this paragraph must either be paid by direct remittance 
        or as a deduction from the former spouse's share of the 
        member's retired pay that is received by direct payment 
        pursuant to section 1408 of this title.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to divorces, dissolutions, annulments, or legal 
separations that become effective after the end of the 90-day period 
beginning on the date of enactment of this Act.

SEC. 625. SURVIVOR BENEFIT PLAN: PRESUMPTIVE PROPORTIONATE SHARE.

    (a) Presumptive Base Amount for Former Spouse.--Section 1447(6) of 
title 10, United States Code, is amended by adding at the end the 
following new subparagraph:
                    ``(D) Presumptive proportionate amount for former 
                spouse.--In the case of an annuity provided under the 
                Plan for a former spouse, unless otherwise agreed to by 
                the member and former spouse or ordered by a court, 
                such term means any amount of monthly retired pay, 
                which is not less than $300, payable to such former 
                spouse as a result of a court treating disposable 
                retired pay of a member as the property of the member 
                and his spouse under the authority of section 
                1408(c).''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to divorces, dissolutions, annulments, and legal 
separations that become effective after the end of the 90-day period 
beginning on the date of enactment of this Act.

SEC. 626. REVOCATION OF TEN-YEAR RULE FOR DIRECT PAYMENT OF RETIRED 
              PAY.

    (a) Revocation of Ten-Year Rule.--Section 1408(d) of title 10, 
United States Code, is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3) through (7) as 
        paragraphs (2) through (6), respectively.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first month which begins more than 120 
days after the date of enactment of this Act and shall apply only to 
payments of retired pay for periods beginning on or after the effective 
date of this section in the case of any former spouse of a member or 
former member of the uniformed services.

SEC. 627. ALLOWING MEMBER TO SUBMIT APPLICATION FOR DIRECT PAYMENT.

    (a) Permit Application for Direct Payment by Member.--Section 
1408(d) of title 10, United States Code, is amended in the first 
sentence of paragraph (1) by inserting ``by a member or former member 
or the spouse or former spouse of such member'' after ``the Secretary 
concerned''.
    (b) Conditions for Direct Payment.--Section 1408(d) of such title 
is further amended by adding at the end the following new paragraph:
            ``(8) A former spouse who accepts payment shall be deemed--
                    ``(A) to have consented and agreed to the recovery 
                of any future overpayments, including recovery by 
                involuntary collection from the former spouse or his or 
                her estate; and
                    ``(B) to have agreed to give prompt notice in 
                writing to the Secretary if--
                            ``(i) the operative court order upon which 
                        payment is based is vacated, modified, or set 
                        aside;
                            ``(ii) the former spouse remarries, if all 
                        or a part of the payment is for alimony; or
                            ``(iii) the former spouse is ineligible for 
                        child support payments due to the death, 
                        emancipation, adoption, or attainment of 
                        majority of a child whose support is provided 
                        through direct payment to a former spouse from 
                        retired pay.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to applications for direct payment of retired pay submitted to 
the Secretary concerned after the end of the 90-day period beginning on 
the date of enactment of this Act.

SEC. 628. DISREGARD PERIODS OF CONFINEMENT FOR DEPENDENT VICTIMS OF 
              ABUSE.

    (a) Disregard Periods of Confinement for Dependent Victims of 
Abuse.--Paragraph (2)(A) of section 1408(h) of title 10, United States 
Code, is amended by inserting ``(including any periods of confinement 
served prior to convening authority action on the record of trial 
related to the misconduct that resulted in the termination of 
eligibility to receive retired pay)'' after ``on the basis of years of 
service''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as of October 23, 1992, as if included in section 1408(h) of 
title 10, United States Code, as enacted by section 653(a)(2) of the 
National Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484).

SEC. 629. CLARIFYING AMENDMENT REGARDING JURISDICTION FOR PURPOSES OF 
              ALLOCATION OF RETIRED PAY UNDER THE UNIFORMED SERVICES 
              FORMER SPOUSE PROTECTION ACT.

    Section 1408(c) of title 10, United States Code, is amended by 
striking paragraph (4).

SEC. 630. DIVISION OF RETIRED PAY TO BE BASED ON MEMBER'S LENGTH OF 
              SERVICE AND PAY GRADE AT TIME OF DIVORCE.

    (a) In General.--Section 1408(c) of title 10, United States Code, 
is amended by adding at the end the following new paragraph:
            ``(5) In the case of a member as to whom a decree of 
        divorce, dissolution, annulment, or legal separation becomes 
        final before the date on which the member begins to receive 
        retired pay, the total monthly retired pay to which a member is 
        entitled, for purposes of determining `disposable retired pay', 
        as defined in paragraph (4) of subsection (a), that a court may 
        treat in the manner described in paragraph (1), shall be 
        limited to retired pay computed based on the pay grade, and the 
        length of service of the member while married, that are 
        creditable toward entitlement to basic pay and to retired pay 
        as of the date a marital property interest in retired pay 
        terminates. Amounts so calculated shall be increased by the 
        cumulative percentage of increases in basic pay and retired pay 
        between the date a marital property interest in retired pay 
        terminates and the effective date of the member's retirement. 
        Upon request and pursuant to regulations, the Secretary 
        concerned shall calculate disposable retired pay described in 
        this paragraph.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to divorces, dissolutions, annulments, and legal 
separations that become effective after the end of the 90-day period 
beginning on the date of enactment of this Act.

SEC. 631. INCREASES FOR DIVISIONS OF RETIRED PAY EXPRESSED AS A DOLLAR 
              AMOUNT.

    (a) Monetary Amount Adjustment.--Section 1408(a)(2)(C) of title 10, 
United States Code, is amended by striking ``expressed in dollars'' and 
inserting ``expressed as a specific dollar amount, with such amount, if 
so ordered, being adjusted in the same manner and at the same time as 
retired pay is adjusted to reflect changes in the Consumer Price Index 
under section 1401a of this title,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to court orders that become effective after the end 
of the 90-day period beginning on the date of enactment of this Act.

SEC. 632. PROHIBIT COURT-ORDERED PAYMENTS BEFORE RETIREMENT BASED ON 
              IMPUTATION OF RETIRED PAY.

    (a) Authority.--Section 1408(c)(3) of title 10, United States Code, 
is amended--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) A court may not order a member to make 
                payments based upon an imputation of a property 
                interest in future retired pay of any kind to a spouse 
                or former spouse before the date of the member's actual 
                retirement.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to final court orders or court orders seeking enforcement of 
prior final decrees issued on or after the date of the enactment of 
this Act.

SEC. 633. ALLOW MEMBER TO WAIVE NOTICE AND PROVIDE COURT ORDER UPON 
              REQUEST.

    (a) Allow Member To Waive Notice and Provide Court Order Upon 
Request.--Section 1408(g) of title 10, United States Code, is amended--
            (1) by striking ``A person'' and inserting ``Unless notice 
        is waived by the member, a person''; and
            (2) by striking ``(together with a copy of such order)'' 
        and inserting ``and, upon request, a copy of such order''.
    (b) Effective Date.--The amendments made by this section shall 
apply to court orders received by the Secretary concerned after the end 
of the 90-day period beginning on the date of enactment of this Act.

SEC. 634. LUMP SUM PAYMENTS TO FORMER SPOUSES OF MEMBERS OF THE 
              UNIFORMED SERVICES.

    (a) Authority for Lump Sum Payment in General.--(1) In General.--
Chapter 74 of title 10, United States Code, is amended by adding at the 
end the following new section:
``Sec. 1468. Lump sum payments for certain amounts payable to former 
              spouse
    ``(a) If the present value of a periodic amount described in 
subsection (b) payable to a former spouse does not exceed $5,000, the 
Secretary concerned shall pay, in a lump sum, an amount equal to such 
present value to the former spouse eligible for such benefit.
    ``(b) A periodic amount described in this subsection means:
            ``(1) An annuity under the Survivor Benefit Plan 
        (subchapter II of chapter 73 of this title).
            ``(2) Payment of retired pay pursuant to a court order 
        resulting from the treatment by the court under section 1408(c) 
        of this title of disposable retired pay of a member of the 
        uniformed services as the property of the member and his 
        spouse.
    ``(c) With the consent of the former spouse, the Secretary 
concerned may pay, in a lump sum, an amount equal to the present value 
of a periodic amount described in subsection (b) in excess of $5,000.
    ``(d) Payment of a lump sum under subsection (a) or (c) of this 
section shall constitute full payment of the amounts described in 
subsection (b) to the former spouse.
    ``(e) For purposes of this section, the term `present value' means 
the present value calculated by using the mortality table, interest 
rate, and actuarial assumptions pursuant to regulations prescribed by 
the Secretary of Defense.
    ``(f) If a former spouse eligible for a payment under subsection 
(b) or (c) of this section elects to have all or a portion of such 
payment paid directly to an eligible retirement plan, and specifies the 
eligible retirement plan to which such payment is to be paid (in such 
form and at such time as the Secretary concerned may prescribe), such 
payment shall be made in the form of a transfer by the Secretary 
concerned to the trustee of the eligible retirement plan so specified. 
For purposes of the preceding sentence, the term `eligible retirement 
plan' has the same meaning as `eligible retirement plan' for purposes 
of section 414(v)(2)(B) of the Internal Revenue Code of 1986 (26 U.S.C. 
414(v)(2)(B)).''.
    (2) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1468. Lump sum payments for certain amounts payable to former 
                            spouse.''.
    (b) Rollover Treatment for Lump Sum Payments Paid to Former Spouses 
of Members of the Uniformed Services.--Section 414 of the Internal 
Revenue Code of 1986 (relating to definitions and special rules) is 
amended by adding at the end the following new subsection:
    ``(y) Lump Sum Payments to Former Spouses of Members of the 
Uniformed Services.--(1) Eligible for Rollover Treatment.--For purposes 
of this part including section 408, relating to individual retirement 
accounts, any amount of a lump sum payment paid to an individual under 
the authority of section 1468 of title 10, United States Code, shall be 
considered an amount paid out of an individual retirement account to 
the individual for whose benefit the account is maintained and eligible 
for rollover treatment under section 402(c)(6).
    ``(2) Transfer by Secretary Concerned to Trustee.--Any amount of 
lump sum payment transferred by the Secretary concerned to a trustee of 
an eligible retirement plan in accordance with section 1468 of title 
10, United States Code, shall be treated as an amount transferred in a 
direct trustee-to-trustee transfer in accordance with section 
401(a)(31) and, as a result, shall not be includible in gross income 
for the taxable year of such transfer. For purposes of this paragraph, 
the term `eligible retirement plan' has the meaning given such term by 
section 401(a)(31)(D).''.

                       Subtitle D--Other Matters

SEC. 641. PERMANENT RETENTION OF ELIGIBILITY FOR THE EARNED INCOME TAX 
              CREDIT BY SERVICEMEMBERS DEPLOYED TO A COMBAT ZONE.

    Section 32(c)(2)(B)(vi) of the Internal Revenue Code of 1986 
(relating to the definition of earned income) is amended to read as 
follows:
                            ``(vi) the earned income of a member of the 
                        Armed Forces of the United States shall include 
                        wages that are excluded from taxation by 
                        application of section 112.''.

SEC. 642. EXCLUSION FROM GROSS INCOMES OF ADJUSTMENTS TO THE FAMILY 
              SEPARATION ALLOWANCE.

    Section 134(b)(3) of the Internal Revenue Code of 1986 (relating to 
the exclusion of qualified military benefits from gross income) is 
amended--
            (1) in subparagraph (A), by striking ``subparagraphs (B) 
        and (C)'' and inserting ``subparagraphs (B), (C), and (D)''; 
        and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Exception for family separation allowance 
                adjustments made by law.--Subparagraph (A) shall not 
                apply to any adjustment to the amount of Family 
                Separation Allowance payable under section 427 of title 
                37, United States Code, which is made pursuant to a 
                provision of law enacted after September 9, 1986.''.

SEC. 643. FAMILY PET SHIPMENT DURING EVACUATION OF NON-ESSENTIAL 
              PERSONNEL.

    Section 406(b)(1) of title 37, United States Code, is amended by 
adding at the end the following new subparagraph:
                    ``(H) Except as provided in paragraph (2), in 
                connection with an evacuation from a permanent station 
                located in a foreign area, a member is entitled to 
                transportation of no more than two family household 
                pets (to include shipment and the payment of quarantine 
                costs, if any). Alternatively, the member may be paid 
                reimbursement or a monetary allowance under 
                subparagraph (F) if other commercial transportation 
                means have been used. Exotic pets, endangered species, 
                horses or livestock, or large pets weighing in excess 
                of 150 pounds are not authorized.''.

                   TITLE VII--HEALTH CARE PROVISIONS

                Subtitle A--TRICARE Program Improvements

SEC. 701. REVISING TRICARE PROGRAM COST SHARING AMOUNTS.

    (a) Authority.--Section 1086(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(5) Notwithstanding paragraphs (1) through (4), the 
        Secretary of Defense shall promulgate regulations to revise the 
        requirements for payments by beneficiaries under this 
        subsection in order to reflect increases in health care costs. 
        Such requirements, which may include a revised deductible 
        amount, an enrollment fee, and future indexing, need not be 
        uniform for all such beneficiaries. Any such enrollment fee may 
        be a condition of eligibility for health care benefits under 
        chapter 55 of this title.''.
    (b) Implementation.--The Secretary of Defense shall promulgate the 
regulations required by section 1086(b)(5) of title 10, United States 
Code, as added by subsection (a), after first considering the 
recommendations of the Task Force on the Future of Military Health Care 
regarding the beneficiary and Government cost sharing structure 
required to sustain military health benefits over the long term, as 
required by subsection (c)(3)(H) of section 711 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public Law 
109-364; 120 Stat. 2083). The regulations shall become effective not 
later than 90 days after the date of enactment of this Act. The 
Secretary shall submit the regulations, and a report describing the 
rationale for the changes promulgated, to the Committees on Armed 
Services of the Senate and House of Representatives at least 30 days 
before such regulations become effective.

SEC. 702. CHANGES IN PAYMENT OPTIONS FOR TRICARE PRIME.

    (a) Monthly Deductions.--Section 1097a(c) of title 10, United 
States Code, is amended to read as follows:
    ``(c) Enrollment Fee Payments.--The Secretary of Defense shall 
establish procedures for the collection of enrollment fees charged for 
an enrollment in TRICARE Prime to a member or former member of the 
uniformed services eligible for medical care under section 1074(b) of 
this title from the member's retired pay, retainer pay, or equivalent 
pay, as the case may be. To the maximum extent practicable, the 
enrollment fee payable by a member entitled to such pay shall be 
deducted and withheld from the retired pay of the member (if pay is 
available to the member).''.
    (b) Charges for Health Care.--Section 1097(e) of such title is 
amended by striking ``shall permit such covered beneficiaries to pay, 
on a quarterly basis,'' and inserting ``may permit such covered 
beneficiaries whose retired pay, retainer pay, or equivalent pay, as 
the case may be, is insufficient for them to pay enrollment fees by 
deduction from such pay as specified in section 1097a of this title to 
pay, in full at the beginning of the enrollment period or on a 
quarterly basis, by check, money order, credit card, or electronic 
funds transfer''.

SEC. 703. OBSTETRICAL TRAVEL FOR COMMAND-SPONSORED DEPENDENTS OF 
              UNIFORMED MEMBERS ASSIGNED TO VERY REMOTE AREAS OUTSIDE 
              THE CONTINENTAL UNITED STATES.

    Section 1040 of title 10, United States Code, is amended--
            (1) in subsection (a), by inserting ``, and subject to 
        subsection (e)'' after ``subsection (b)''; and
            (2) by adding at the end the following new subsection:
    ``(e) With respect to the provision of obstetrical care, 
appropriate medical attention includes the availability or provision of 
obstetrical anesthesia equal to the services available in a Military 
Treatment Facility located in the United States. If these services are 
not available in remote areas outside the continental United States and 
air transportation would be needed to travel to the nearest appropriate 
medical facility in which adequate medical care is available, then the 
Secretary may authorize the beneficiary to choose to receive 
transportation to the continental United States and be treated at a 
Military Treatment Facility, that can provide appropriate obstetrical 
services, nearest to the closest port of entry into the continental 
United States. All other benefits of subsection (a) shall apply, 
provided that the United States shall incur no greater cost than would 
be incurred in connection with transportation (including per diem) to 
the nearest appropriate medical facility in which adequate medical care 
is available outside the continental United States.''.

                       Subtitle B--Other Matters

SEC. 711. MENTAL HEALTH EVALUATIONS OF MEMBERS OF THE ARMED FORCES BY 
              MASTERS-LEVEL CLINICAL SOCIAL WORKERS WITH AN INDEPENDENT 
              LICENSE.

    Section 546(g)(3) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2419), is amended by 
striking ``doctorate'' and inserting ``license''.

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

             Subtitle A--Acquisition Policy and Management

SEC. 801. REVISION TO THE REQUIREMENT FOR 15-DAY WAITING PERIOD TO 
              ISSUE SOLICITATIONS AFTER PUBLICATION OF SYNOPSIS.

    (a) Amendment of Small Business Act 15-Day Solicitation Issuance 
Delay.--Section 8(e)(3)(A) of the Small Business Act (15 U.S.C. 
637(e)(3)(A)) is amended by striking ``15 days'' and inserting ``ten 
days''.
    (b) Amendment of the Office of Federal Procurement Policy Act 15-
Day Solicitation Issuance Delay.--Section 18(a)(3)(A) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 416(a)(3)(A)) is amended by 
striking ``15 day'' and inserting ``ten days''.

SEC. 802. REPEAL OF SMALL BUSINESS COMPETITIVENESS DEMONSTRATION 
              PROGRAM.

    Sections 701 through 722 of the Business Opportunity Development 
Reform Act of 1988 (Public Law 100-656; 15 U.S.C. 644 note), as 
amended, are repealed.

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

SEC. 811. UNMANNED SYSTEMS.

    Section 941 of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2083) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) The Department of Defense shall develop a policy, to be 
applicable throughout the Department of Defense on research, 
development, test and evaluation, and procurement, of unmanned systems 
in a manner that is fiscally responsible and enhances war fighter 
capability.'';
            (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) An identification of Joint Capability Areas in which 
        unmanned systems can potentially provide the means to address 
        potential capability gaps.'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Deliberate consideration of unmanned systems as 
        potential candidates for acquisition when a materiel solution 
        has been deemed appropriate for satisfying a capability 
        requirement.''; and
                    (C) in paragraph (5), by striking ``, including'' 
                and all that follows through ``systems''; and
            (3) by amending subsection (d) to read as follows:
    ``(d) Roadmap.--The Department of Defense shall develop and 
implement a roadmap that includes--
            ``(1) goals for the development of unmanned system 
        technologies to address capabilities identified pursuant to 
        subsection (b)(1); and
            ``(2) the establishment of programs to address technical, 
        operational, and production challenges, and gaps in 
        capabilities, with respect to unmanned systems.''.

SEC. 812. ENHANCED TRANSFER OF TECHNOLOGY DEVELOPED AT DOD 
              LABORATORIES.

    (a) Definitions.--As used in this section--
            (1) The terms ``department'' and ``military department'' 
        have the meaning specified at section 101 of title 10, United 
        States Code.
            (2) The term ``DoD laboratory'' or ``laboratory'' means any 
        facility or group of facilities that is owned, leased, 
        operated, or otherwise used by the Department of Defense and 
        that meets the definition of ``laboratory'' at section 
        3710a(d)(2), of title 15, United States Code.
    (b) Authority.--The Secretary of Defense and the Secretaries of the 
military departments each--
            (1) may authorize the heads of DoD laboratories to grant 
        nonexclusive, exclusive, or partially exclusive licenses, 
        royalty free or for royalties or for rights to other 
        intellectual property, for computer software and its related 
        documentation developed at a DoD laboratory, provided that--
                    (A) the computer software and related documentation 
                would be a trade secret under the meaning of section 
                552(b)(4) of title 5, United States Code, if the 
                information had been obtained from a non-Federal party;
                    (B) the public is notified of the availability of 
                the software and related documentation for licensing 
                and interested parties have a fair opportunity to 
                submit applications for licensing;
                    (C) such licensing activities and licenses shall 
                comply with the requirements under section 209 of title 
                35, United States Code; and
                    (D) the software originally was developed to meet 
                the military needs of the Department of Defense; and
            (2) shall provide appropriate precautions against the 
        unauthorized disclosure of any computer software or 
        documentation covered by paragraph (1)(A), including exemption 
        from section 552 of title 5, United States Code, for a period 
        of up to 5 years after the development of the computer software 
        by the DoD laboratory.
    (c) Royalties.--(1) Except as provided in paragraph (2), any 
royalties or other payments received by the department from licensing 
computer software or documentation under subsection (b)(1) shall be 
retained by the department and shall be disposed of as follows:
            (A)(i) The department shall pay each year the first $2,000, 
        and thereafter at least 15 percent, of the royalties or other 
        payments to be divided among the employees who developed the 
        computer software.
            (ii) The department may provide appropriate lesser 
        incentives, from royalties or other payments, to laboratory 
        employees who are not developers of such computer software, but 
        who substantially increased the technical value of the 
        software.
            (iii) The department shall retain the royalties and other 
        payments received until it makes payments to employees of a DoD 
        laboratory under clause (i) or (ii).
            (iv) The department may retain an amount reasonably 
        necessary to pay expenses incidental to the administration and 
        distribution of royalties or other payments under this section 
        by an organizational unit of the department other than its 
        laboratories.
            (B) The balance of the royalties or other payments shall be 
        transferred by the department to its laboratories, with the 
        majority share of the royalties or other payments going to the 
        laboratory where the development occurred. The royalties or 
        other payments so transferred to any DoD laboratory may be used 
        or obligated by that laboratory during the fiscal year in which 
        they are received or during the 2 succeeding fiscal years--
                    (i) to reward scientific, engineering, and 
                technical employees of the DoD laboratory, including 
                developers of sensitive or classified technology, 
                regardless of whether the technology has commercial 
                applications;
                    (ii) to further scientific exchange among the 
                laboratories of the agency;
                    (iii) for education and training of employees 
                consistent with the research and development missions 
                and objectives of the department or DoD laboratory, and 
                for other activities that increase the potential for 
                transfer of the technology of the laboratories;
                    (iv) for payment of expenses incidental to the 
                administration and licensing of computer software or 
                other intellectual property made at that DoD 
                laboratory, including the fees or other costs for the 
                services of other agencies, persons, or organizations 
                for intellectual property management and licensing 
                services; or
                    (v) for scientific research and development 
                consistent with the research and development missions 
                and objectives of the DoD laboratory.
            (C) All royalties or other payments retained by the 
        department or DoD laboratory after payments have been made 
        pursuant to subparagraphs (A) and (B) that are unobligated and 
        unexpended at the end of the second fiscal year succeeding the 
        fiscal year in which the royalties and other payments were 
        received shall be paid into the Treasury.
            (2) If, after payments under paragraph (1)(A), the balance 
        of the royalties or other payments received by the department 
        in any fiscal year exceed 5 percent of the funds received for 
        use by the DoD laboratory for research, development, 
        engineering, testing and evaluation or other related 
        administrative, processing or value-added activities for that 
        year, 75 percent of such excess shall be paid to the Treasury 
        of the United States and the remaining 25 percent may be used 
        or obligated under paragraph (1)(B). Any funds not so used or 
        obligated shall be paid into the Treasury of the United States.
            (3) Any payment made to an employee under this section 
        shall be in addition to the regular pay of the employee and to 
        any other awards made to the employee, and shall not affect the 
        entitlement of the employee to any regular pay, annuity, or 
        award to which he is otherwise entitled or for which he is 
        otherwise eligible or limit the amount thereof except that the 
        monetary value of an award for the same project or effort shall 
        be deducted from the amount otherwise available under this 
        paragraph. Payments, determined under the terms of this 
        paragraph and made to an employee developer as such, may 
        continue after the developer leaves the DoD laboratory or 
        department. Payments made under this section shall not exceed 
        $75,000 per year to any one person unless the President 
        approves a larger award (with the excess over $75,000 being 
        treated as a Presidential award under section 4504 of title 5, 
        United States Code).
    (d) Information in Report.--The report required by section 2515(d) 
of title 10, United States Code, shall include information regarding 
the implementation and effectiveness of this section.
    (e) Effective Date and Expiration.--The authority provided for in 
this section is for a pilot program to test the effectiveness of this 
authority and shall expire on December 31, 2013.

                       Subtitle C--Other Matters

SEC. 821. EXTENSION OF LENGTH OF CONTRACTS FOR RENEWABLE ENERGY SOURCES 
              AND ASSOCIATED SERVICES.

    Section 501(b)(1)(B) of title 40, United States Code, is amended to 
read as follows:
                    ``(B) Public utility contracts.--
                            ``(i) In general.--A contract for public 
                        utility services may be made for a period of 
                        not more than 10 years.
                            ``(ii) Renewable energy contracts.--A 
                        contract for renewable energy may be made for a 
                        period of not more than 20 years. All such 
                        contracts are to be subject to availability of 
                        annual appropriations.
                            ``(iii) Definitions.--In this paragraph:
                                    ``(I) Public utility services.--The 
                                term `public utility services' means 
                                generation, transmission, distribution, 
                                or other services directly used in 
                                providing public utility services.
                                    ``(II) Renewable energy.--The term 
                                `renewable energy' means electric 
                                energy generated from solar, wind, 
                                biomass, landfill gas, ocean (including 
                                tidal, wave, current, and thermal), 
                                geothermal, municipal solid waste, or 
                                new hydroelectric generation capacity 
                                achieved from increased efficiency, or 
                                additional new capacity at an existing 
                                hydroelectric project, and the 
                                transmission, distribution, or other 
                                services directly used in providing 
                                electricity from renewable energy 
                                sources.''.

SEC. 822. MODIFICATION OF AUTHORITY TO ACCEPT FINANCIAL AND OTHER 
              INCENTIVES RELATED TO ENERGY SAVINGS AND SIMILAR NEW 
              AUTHORITY RELATED TO ENERGY SYSTEMS.

    (a) Energy Savings.--Section 2913(c) of title 10, United States 
Code, is amended by inserting ``, State or local government'' after 
``gas or electric utility''.
    (b) Energy Systems.--Section 2915 of such title is amended by 
adding at the end the following new subsection:
    ``(f) Acceptance of Financial Incentive, Financial Assistance, or 
Services.--The Secretary of Defense may authorize any military 
installation to accept any financial incentive, financial assistance, 
or services generally available from a State or local government, gas 
or electric utility, to use or construct an energy system using solar 
energy or other renewable form of energy if the use or construction of 
the system is consistent with the energy performance goals and energy 
performance plan for the Department of Defense developed under section 
2911 of this title.''.

SEC. 823. TIMELINESS REQUIREMENTS ON POST-AWARD BID PROTEST 
              JURISDICTION OF THE COURT OF FEDERAL CLAIMS.

    Section 1491(b)(3) of title 28, United States Code, is amended by 
adding at the end the following new sentences: ``Every action under 
this subsection, other than those based either upon alleged 
improprieties in a solicitation which are apparent prior to bid opening 
or the time set for receipt of initial proposals, shall be barred 
unless the action is filed no later than 10 days after the basis for 
the action is known or should have been known, whichever is earlier. 
Excepted are actions challenging a procurement conducted on the basis 
of competitive proposals under which a debriefing is requested and, 
when requested, is required. In such cases, with respect to any basis 
for action which is known or should have been known either before or as 
a result of the debriefing, the action shall be barred unless filed no 
later than 10 days after the date on which the debriefing is held.''.

                       Subtitle D--Other Matters

SEC. 831. APPLICABILITY OF THE RESTRICTION ON SPECIALTY METALS.

    (a) In General.--Section 2533b(k) of title 10, United States Code, 
is amended to read as follows:
    ``(k) National Security Exception.--Subsection (a) does not apply 
to procurements for which the Secretary of Defense or the Secretary of 
the military department concerned determines in writing that an 
exception is in the national security interest of the United States.''.
    (b) Conforming Amendment.--Subsection (a) of such section is 
amended by striking ``(j)'' and inserting ``(k)''.

SEC. 832. CLARIFICATION OF JURISDICTION OF THE UNITED STATES DISTRICT 
              COURTS TO HEAR BID PROTEST DISPUTES INVOLVING MARITIME 
              CONTRACTS.

    Section 1491 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Jurisdiction over any actions described under subsection 
(b)(1) of this section arising out of a maritime contract or a proposed 
maritime contract shall be governed by this section, and shall not be 
subject to the jurisdiction of the District Courts of the United States 
under the Act of March 9, 1920, commonly known as the `Suits in 
Admiralty Act' (41 Stat. 525; 46 U.S.C. App. 741 et seq.), or the Act 
of March 3, 1925, commonly known as the `Public Vessels Act' (43 Stat. 
1112; 46 U.S.C. App. 781 et seq.).''.

SEC. 833. STREAMLINE JURISDICTION OVER GOVERNMENT CONTRACT CLAIMS, 
              DISPUTES AND APPEALS ARISING OUT OF MARITIME CONTRACTS.

    Section 4 of the Contract Disputes Act of 1978 (41 U.S.C. 603) is 
amended to read as follows:
    ``Sec. 4.  Appeals under subsection (g) of section 8 and suits 
under section 10 arising out of maritime contracts shall be governed 
exclusively by this Act.''.

SEC. 834. REPEAL OF THE MILITARY SYSTEM BREAKOUT LIST.

    Section 813 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1543) is repealed.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

SEC. 901. PERMANENT AUTHORITY TO ACCEPT GIFTS TO BENEFIT MEMBERS OF THE 
              ARMED FORCES AND DEPARTMENT OF DEFENSE EMPLOYEES INJURED 
              OR KILLED IN LINE OF DUTY AND THEIR DEPENDENTS.

    Section 2601(b) of title 10, United States Code, is amended by 
striking paragraph (4).

SEC. 902. MODIFICATION OF PROCEDURES TO PRESERVE THE SEARCH AND RESCUE 
              CAPABILITIES OF THE FEDERAL GOVERNMENT CONSISTENT WITH 
              MILITARY REQUIREMENTS.

    Section 1085 of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2065) is 
amended--
            (1) in the matter before paragraph (1)--
                    (A) by striking ``capabilities at any military 
                installation'' and inserting ``units at any military 
                installation'';
                    (B) by striking ``equivalent'' and inserting 
                ``adequate''; and
                    (C) by striking ``by--'' and inserting ``by one or 
                a combination of--'';
            (2) by striking ``or'' at the end of paragraph (1);
            (3) in paragraph (2)--
                    (A) by inserting ``, through active-duty, Reserve 
                component, or National Guard assets,'' after 
                ``directly''; and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (4) by adding at the end the following new paragraph:
            ``(3) State and local government agencies in the relevant 
        area.''.

             Subtitle B--Chemical Demilitarization Program

SEC. 911. CHEMICAL DEMILITARIZATION CITIZENS' ADVISORY COMMISSION IN 
              COLORADO AND KENTUCKY.

    Section 172 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2341) is amended by adding at 
the end the following new subsection:
    ``(i) Colorado and Kentucky Chemical Demilitarization Citizens 
Advisory Commissions.--Notwithstanding subsections (b), (f), and (g), 
and consistent with the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1920) and the 
Department of Defense Appropriations Act, 2003 (Public Law 107-248; 116 
Stat. 1519), responsibilities for the Chemical Demilitarization 
Citizens Advisory Commissions in Colorado and Kentucky will 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 will 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 will meet with these commissions not less 
often than twice a year. Funds appropriated for the Assembled Chemical 
Weapons Alternatives Program will be used for travel and associated 
travel cost 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. 912. MODIFY THE TERMINATION REQUIREMENTS FOR ASSISTANCE TO STATE 
              AND LOCAL GOVERNMENTS UNDER THE CHEMICAL STOCKPILE 
              EMERGENCY PREPAREDNESS PROGRAM.

    Subparagraph (B) of section 1412(c)(5) of the Department of Defense 
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 748; 50 U.S.C. 
1521), as amended, is further amended to read as follows:
                    ``(B) Assistance may be provided under this 
                paragraph until all activities associated with the 
                close-out of grants and cooperative agreements provided 
                pursuant to subparagraph (A) between the Federal 
                Emergency Management Agency and State and local 
                governments are complete, but such assistance may not 
                be provided after 6 months from the date agent 
                destruction operations have been completed in such 
                jurisdiction.''.

                Subtitle C--Intelligence-Related Matters

SEC. 921. OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY.

    Section 705 of the National Security Act of 1947 (50 U.S.C. 432c) 
is amended by striking subsection (g).

SEC. 922. PROHIBITION ON DISCLOSURE OF CERTAIN GEODETIC PRODUCTS.

    Section 455 of title 10, United States Code, is amended by adding 
at the end the following new subsections:
    ``(d) Prohibition on Disclosure of Geodetic Products.--Any person, 
including any current and former government and contractor personnel, 
who, without authorization, knowingly distributes, transfers, or 
engages in the sale of any product that the Secretary of Defense has 
withheld from the public in accordance with subsection (b) shall be 
subject to the penalties and administrative actions set forth in 
subsection (e).
    ``(e) Penalties and Administrative Sanctions.--(1) Criminal 
Penalties.--Whoever engages in conduct constituting a violation of 
subsection (b) or (d) shall be imprisoned for not more than 5 years or 
fined as provided under title 18, or both.
    ``(2) Civil Penalties.--The Attorney General may bring a civil 
action in an appropriate United States district court against any 
person who engages in conduct constituting a violation of subsection 
(b) or (d). Upon proof of such conduct by a preponderance of the 
evidence, the person is subject to a civil penalty. An individual who 
engages in such conduct is subject to a civil penalty of not more than 
$50,000 for each violation plus twice the amount of compensation that 
the individual received or offered for the prohibited conduct. An 
organization that engages in such conduct is subject to a civil penalty 
of not more than $500,000 for each violation plus twice the amount of 
compensation that the organization received or offered for the 
prohibited conduct.''.

SEC. 923. TECHNICAL CHANGES FOLLOWING THE REDESIGNATION OF NATIONAL 
              IMAGERY AND MAPPING AGENCY AS NATIONAL GEOSPATIAL-
              INTELLIGENCE AGENCY.

    (a) Technical Changes to United States Code.--Titles 5 and 44, 
United States Code, are 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) Section 105(a) 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) Section 8(h) of the Inspector General Act of 1978 (Public Law 
95-452; 5 U.S.C. Appendix) is amended by striking ``National Imagery 
and Mapping Agency'' and inserting ``National Geospatial-Intelligence 
Agency''.
    (3) Section 7(b)(2)(A)(i) of the Employee Polygraph Protection Act 
of 1988 (Public Law 100-347; 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) 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) Section 201 of the Homeland Security Act of 2002 (Public Law 
107-296; 6 U.S.C. 121) is amended by striking ``National Imagery and 
Mapping Agency'' and inserting ``National Geospatial-Intelligence 
Agency''.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

SEC. 1001. INCREASE LIMITATION ON ADVANCE BILLING OF WORKING CAPITAL 
              FUND CUSTOMERS.

    Section 2208(l)(3) of title 10, United States Code, is amended by 
striking ``$1,000,000,000'' and inserting ``$2,000,000,000''.

SEC. 1002. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE TO DOD 
              WORKING CAPITAL FUND ACCOUNT PROPERTY.

    Section 7623(b) of title 10, United States Code, is amended by 
striking the last sentence and inserting the following new sentence: 
``Amounts received under this section shall be covered into the 
Treasury as miscellaneous receipts, except that amounts received for 
damage or loss to property operated and maintained with funds from a 
Department of Defense working capital fund account shall be credited to 
that account.''.

SEC. 1003. LICENSING OF INTELLECTUAL PROPERTY; DEFINITIONS.

    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) by amending subsection (e) to read as follows:
    ``(e) Definitions.--In this section:
            ``(1) The terms `trademark', `service mark', `certification 
        mark', and `collective mark' have the meanings given such terms 
        in section 45 of the Act of July 5, 1946 (commonly referred to 
        as the Trademark Act of 1946; 15 U.S.C. 1127).
            ``(2) The term `Secretary concerned' means the Secretary of 
        a military department, the Secretary of Defense, with respect 
        to matters concerning the Defense Agencies and Defense Field 
        Activities, and 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.''.

          Subtitle B--Policy Relating to Vessels and Shipyards

SEC. 1011. TEMPORARY WAIVER OF THE MINIMUM AIRCRAFT CARRIER 
              REQUIREMENT.

    Section 5062(b) of title 10, United States Code, is amended by 
inserting after the first sentence the following new sentence: 
``Notwithstanding the preceding sentence or any other provision of law, 
the naval combat forces of the Navy may include less than 11 
operational aircraft carriers for the period of time between the 
decommissioning of the USS ENTERPRISE (CVN 65) and the commissioning of 
the CVN 78.''.

SEC. 1012. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE DESIGNS 
              OF DEPARTMENT OF DEFENSE VESSELS, BOATS, 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, craft, and components thereof
    ``Notwithstanding any other provision of law, Government rights in 
the design of a vessel, boat, or craft, and its components, including 
the hull, decks, superstructure, and all shipboard equipment and 
systems, 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, 
                            craft, and components thereof.''.

                  Subtitle C--Counter-Drug Activities

SEC. 1021. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL 
              SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN 
              GOVERNMENTS.

    (a) Extension of Authority.--Paragraph (2) of subsection (a) 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) and section 1022 of the National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2137), is amended by striking ``2008'' and inserting ``2011''.
    (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 Niger.
            ``(20) The Government of Mauritania.
            ``(21) The Government of Mali.
            ``(22) The Government of Chad.
            ``(23) The Government of Indonesia.
            ``(24) The Government of Philippines.
            ``(25) The Government of Honduras.
            ``(26) The Government of Nicaragua.
            ``(27) The Government of El Salvador.''.
    (c) Types of Support.--Subsection (c)(2) of such section is amended 
by striking ``, subject to section 484(a) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2291c(a)),''.
    (d) Maximum Annual Amount of Support.--Subsection (e)(2) of such 
section is amended
            (1) by striking ``$60,000,000'' and inserting 
        ``$80,000,000''; and
            (2) by striking ``or $60,000,000 during either of the 
        fiscal years 2007 and 2008'' and inserting ``$80,000,000 during 
        years 2008 through 2011''.

            Subtitle D--Matters Related to Homeland Security

SEC. 1031. RESERVE SUPPORT FOR RESPONSES TO CERTAIN EMERGENCIES.

    Section 12304(b) of title 10, United States Code, 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) in the case of the Army Reserve, Navy Reserve, Air 
        Force Reserve, Marine Corps Reserve, and the Coast Guard 
        Reserve, a major disaster or emergency as those terms are 
        defined in section 5122 of title 42.''.

SEC. 1032. RESERVE SUPPORT TO MAJOR PUBLIC EMERGENCIES.

    Section 333 of title 10, United States Code, is amended by 
inserting ``and order to active duty units or members of the Army 
Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and 
Coast Guard Reserve,'' after ``Federal service,''.

SEC. 1033. RESERVE SUPPORT TO ENFORCEMENT OF FEDERAL AUTHORITY.

    Section 332 of title 10, United States Code, is amended by 
inserting ``order to active duty units or members of the Army Reserve, 
Navy Reserve, Air Force Reserve, Marine Corps Reserve, and Coast Guard 
Reserve,'' after ``militia of any State,''.

SEC. 1034. RESERVE SUPPORT TO FEDERAL AID FOR STATE GOVERNMENTS.

    Section 331 of title 10, United States Code, is amended by 
inserting ``order to active duty units or members of the Army Reserve, 
Navy Reserve, Air Force Reserve, Marine Corps Reserve, and Coast Guard 
Reserve,'' after ``requested by that State,''.

SEC. 1035. PROCUREMENT OF EQUIPMENT BY STATE AND LOCAL GOVERNMENTS.

    (a) In General.--Section 381 of title 10, United States Code, is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``law enforcement''; and
                            (ii) by inserting ``, homeland security, 
                        counter-terrorism, and emergency response'' 
                        after ``counter-drug'';
                    (B) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``, homeland security, counter-
                        terrorism, and emergency response'' after 
                        ``counter-drug''; and
                            (ii) in clause (i), by striking ``law 
                        enforcement'';
                    (C) in subparagraph (C), by striking ``law 
                enforcement'' each place it appears; and
                    (D) in subparagraph (D), by striking ``law 
                enforcement'';
            (2) in subsection (c)--
                    (A) by striking ``law enforcement''; and
                    (B) by inserting ``, homeland security, counter-
                terrorism, and emergency response'' after ``counter-
                drug''; and
            (3) in subsection (d)--
                    (A) in paragraph (2), by inserting ``or emergency 
                response'' after ``law enforcement'' both places it 
                appears; and
                    (B) in paragraph (3)--
                            (i) by striking ``law enforcement'';
                            (ii) by inserting ``, homeland security, 
                        counter-terrorism, and emergency response'' 
                        after ``counter-drug''; and
                            (iii) by inserting ``and, in the case of 
                        homeland security, may not include any 
                        equipment that is not found on the Authorized 
                        Equipment List as published by the Department 
                        of Homeland Security'' after ``purposes''.
    (b) Clerical Amendments.--(1) The heading of such section is 
amended to read as follows:
``Sec. 381. Procurement by State and local governments of equipment 
              suitable for counter-drug, homeland security, counter-
              terrorism, and emergency response activities through the 
              Department of Defense''.
    (2) The table of sections at the beginning of chapter 18 of such 
title is amended by striking the item relating to section 381 and 
inserting the following new item:

``381. Procurement by State and local governments of equipment suitable 
                            for counter-drug, homeland security, 
                            counter-terrorism, and emergency response 
                            activities through the Department of 
                            Defense.''.

SEC. 1036. CONFIDENTIAL BUSINESS AND HOMELAND SECURITY INFORMATION 
              SHARING.

    (a) In General.--Section 130d of title 10, United States Code, is 
amended to read as follows:
``Sec. 130d. Treatment under the Freedom of Information Act of 
              confidential business information and homeland security 
              information shared with State and local personnel
    ``The sharing of confidential business information or homeland 
security information, pursuant to section 892 of the Homeland Security 
Act of 2002 (6 U.S.C. 482),  by  any Federal agency, with State and 
local personnel (as defined in such section) shall not be considered 
release of such information to the public, and shall not constitute a 
waiver of any applicable exemption to the release of such information 
under section 552 of title 5.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 3 of such title is amended by striking the item relating to 
section 130d and inserting the following new item:

``130d. Treatment under the Freedom of Information Act of confidential 
                            business information and homeland security 
                            information shared with State and local 
                            personnel.''.

         Subtitle E--Miscellaneous Authorities and Limitations

SEC. 1041. MINIMUM ANNUAL PURCHASE AMOUNTS FOR AIRLIFT FROM CARRIERS 
              PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.

    (a) In General.--Chapter 931 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 9515. Airlift services: minimum annual purchase amount for 
              carriers participating in Civil Reserve Air Fleet
    ``(a) In General.--The Secretary of Defense may award to air 
carriers or air carrier contractor team arrangements (carriers) 
participating in the Civil Reserve Air Fleet on a fiscal year basis a 
one-year contract for airlift services with a minimum purchase amount 
determined in accordance with this section.
    ``(b) Minimum Purchase Amount.--(1) The aggregate amount of the 
minimum purchase amount for all contracts awarded under subsection (a) 
for a fiscal year shall be based on forecast needs, but may not exceed 
the amount equal to 80 percent of the annual average expenditure of the 
Department of Defense for commercial airlift during the five-fiscal 
year period ending in the fiscal year before the fiscal year for which 
such contracts are awarded.
    ``(2) In calculating the annual average expenditure of the 
Department of Defense for airlift for purposes of paragraph (1), the 
Secretary of Defense shall omit from the calculation any fiscal year 
exhibiting unusually high demand for commercial airlift if the 
Secretary determines that the omission of such fiscal year from the 
calculation will result in a more accurate forecast of anticipated 
commercial airlift for purposes of that paragraph.
    ``(3) The aggregate amount of the minimum purchase amount for all 
contracts awarded under subsection (a) for a fiscal year, as determined 
under paragraph (1), shall be allocated among all carriers awarded 
contracts under that subsection for such fiscal year in proportion to 
the commitments of such carriers to the Civil Reserve Air Fleet for 
such fiscal year.
    ``(c) Adjustment to Minimum Purchase Amount for Periods of 
Unavailability of Airlift.--In determining the minimum purchase amount 
payable under a contract under subsection (a) for airlift provided by a 
carrier during the fiscal year covered by such contract, the Secretary 
of Defense may adjust the amount allocated to the carrier under 
subsection (b)(3) to take into account periods during such fiscal year 
when services of the carrier are unavailable for usage by the 
Department of Defense, including during periods of refused business or 
suspended operations or when the carrier is placed in nonuse status 
pursuant to section 2640 of this title for safety issues.
    ``(d) Distribution of Amounts.--If any amount available under this 
section for the minimum purchase of airlift from a carrier for a fiscal 
year under a contract under subsection (a) is not utilized to purchase 
airlift from the carrier in such fiscal year, such amount shall be 
provided to the carrier before the first day of the following fiscal 
year.
    ``(e) Commitment of Funds.--The Secretary of each military 
department shall transfer to the transportation working capital fund a 
percentage of the total amount anticipated to be required in such 
fiscal year for payment of minimum purchase amounts under all contracts 
awarded under subsection (a) for such fiscal year equivalent to the 
percentage of the anticipated use of airlift by such military 
department during such fiscal year from all carriers under contracts 
awarded under subsection (a) for such fiscal year. All such amounts 
will be transferred by the last day of the fiscal year to meet the 
requirements of (d) above unless minimum purchase amounts have already 
been met by the Department.
    ``(f) Availability of Airlift.--(1) From the total amount of 
airlift available for a fiscal year under all contracts awarded under 
subsection (a) for such fiscal year, a military department shall be 
entitled to obtain a percentage of such airlift equivalent to the 
percentage of the contribution of the military department to the 
transportation working capital fund for such fiscal year under 
subsection (e).
    ``(2) A military department may transfer any entitlement to airlift 
under paragraph (1) to any other military department or to any other 
agency, element, or component of the Department of Defense.
    ``(g) Eligibility.--In order to be eligible for the higher minimal 
business guarantees authorized by this section, carriers must--
            ``(1) have an average on-time pickup rate, based on factors 
        within the air carrier's control, of at least 90 percent if 
        under contract with the Department in the prior year;
            ``(2) offer some amount of commitment to the Civil Reserve 
        Air Fleet in excess of the minimum required for participation; 
        and
            ``(3) not have refused a DOD request to act as a host for 
        other CRAF carriers at intermediate staging bases during the 
        prior year.
    ``(h) Sunset.--The authorities in this section shall expire on 
December 31, 2015.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``9515. Airlift services: minimum annual purchase amount for carriers 
                            participating in Civil Reserve Air 
                            Fleet.''.

                       Subtitle F--Other Matters

SEC. 1051. PRESENTATION OF BURIAL FLAG TO SPOUSES.

    Section 1482(a) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(12) Presentation of a flag of equal size to the flag 
        presented under paragraph (10) to the surviving spouse 
        (including a remarried surviving spouse) of the deceased member 
        if the person to be presented a flag under paragraph (10) is 
        other than the spouse.''.

SEC. 1052. DEFENSE PRODUCTION ACT AMENDMENTS OF 2008.

    (a) Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. 
App. 2166(a)) is amended by striking ``September 30, 2008'' and 
inserting ``September 30, 2013''.
    (b) Section 711(b) of the Defense Production Act of 1950 (50 U.S.C. 
App. 2161(b)) is amended by striking ``2003 through 2008'' and 
inserting ``2009 through 2013''.
    (c) Section 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2093) is amended--
            (1) in subsection (a)(6)--
                    (A) by amending subparagraph (A) to read as 
                follows:
                    ``(A) In general.--Except as provided in paragraph 
                (7), the President shall take no action under this 
                section unless the industrial resource shortfall which 
                such action is intended to correct has been identified 
                in writing and transmitted to the Committee on Banking, 
                Housing and Urban Affairs of the Senate and the 
                Committee on Financial Services of the House of 
                Representatives. Such notification shall be accompanied 
                by a statement from the President demonstrating that 
                the notification is in accordance with the provisions 
                of paragraph (5).'';
                    (B) in subparagraph (B), by striking ``60 days'' 
                and inserting ``30 days''; and
                    (C) in subparagraph (C), by striking 
                ``$50,000,000'' and inserting ``$200,000,000''; and
            (2) by amending subsection (e) to read as follows:
    ``(e) Installation of Equipment in Industrial Facilities.--When in 
his judgment it will aid the national defense, the President is 
authorized to install additional equipment, facilities, processes or 
improvements to plants, factories, and other industrial facilities 
owned by the United States Government, and to install government-owned 
equipment in plants, factories, and other industrial facilities owned 
by private persons. The President may also provide for the modification 
or expansion of facilities in which such equipment will be installed, 
including the modification or improvement of production processes. When 
it will aid the national defense, the President may also sell or 
otherwise transfer such government-owned equipment to the owners of 
such plants, factories or other industrial facilities.''.
    (d) Section 304(b)(2) of the Defense Production Act of 1950 (50 
U.S.C. App. 2094(b)(2)) is amended to read as follows:
            ``(2) all moneys received by the Federal Government on 
        transactions entered into pursuant to section 303.''.

SEC. 1053. 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 have an 
        estimated total cost for the fiscal year for which the budget 
        is submitted in excess of $30,000,000 and been determined by 
        the Department of Defense Chief Information Officer and the 
        Office of Management and Budget to be significant investments 
        and are required to submit a Capital Asset Plan (Exhibit 300) 
        to OMB in accordance with OMB Circular A-11, Section 300.''.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. INCREASE IN AUTHORIZED NUMBER OF DEFENSE INTELLIGENCE SENIOR 
              EXECUTIVE SERVICE EMPLOYEES.

    Section 1606(a) of title 10, United States Code, is amended by 
striking ``594'' and inserting ``694''.

SEC. 1102. PERMANENT EXTENSION OF DEPARTMENT OF DEFENSE VOLUNTARY 
              REDUCTION IN FORCE AUTHORITY.

    Section 3502(f) of title 5, United States Code, is amended by 
striking paragraph (5).

SEC. 1103. FLEXIBILITY IN PAYING ANNUITY TO FEDERAL RETIREES WHO RETURN 
              TO WORK.

    Section 9902(j) of title 5, United States Code, is amended to read 
as follows:
    ``(j) Provisions Relating to Reemployment.--(1) The Secretary of 
Defense may, under procedures and criteria prescribed under paragraph 
(2), waive the application of the provisions of section 8344 or 8468 of 
this title on a case-by-case or group basis for employment of an 
annuitant in a position in the Department of Defense.
    ``(2) The Secretary shall prescribe procedures for the exercise of 
any authority under this subsection, including criteria for any 
exercise of authority and procedures for a delegation of authority.
    ``(3) An employee as to whom a waiver under this subsection is in 
effect shall not be considered an employee for purposes of subchapter 
III of chapter 83, or chapter 84 of this title.''.

SEC. 1104. DIRECT HIRE AUTHORITY FOR HEALTHCARE PROFESSIONALS OF THE 
              DEPARMENT OF DEFENSE.

    (a) Authority.--Chapter 99 of title 5, United States Code, is 
amended by adding at the end the following new section:
``Sec. 9905. Direct hire authority for healthcare professionals
    ``(a)(1) Authority.--The Secretary may appoint in the competitive 
civil service an individual described in subsection (b) or identified 
under subsection (c) for a position within the Department of Defense 
without regard to the provisions of subchapter I of chapter 33 of title 
5, United States Code, (other than section 3303 and 3328 of such 
title).
    ``(2) Preference.--In using the authority provided by this 
subsection, the Secretary shall apply the principles of preference for 
the hiring of veterans and other persons established in such 
subchapter.
    ``(b) Eligible Individuals.--The following individuals may be 
appointed under subsection (a):
            ``(1) Physicians.
            ``(2) Dentists.
            ``(3) Podiatrists.
            ``(4) Optometrists.
            ``(5) Registered nurses.
            ``(6) Physician assistants.
            ``(7) Expanded-function dental auxiliaries.
            ``(8) Chiropractors.
            ``(9) Occupational, physical, recreation/creative arts, and 
        respiratory therapists.
            ``(10) Nuclear medicine, medical instrument, health, 
        environmental health, medical, pathology, psychology, pharmacy, 
        and medical records technicians.
            ``(11) Diagnostic radiologic, therapeutic radiologic, 
        medical, and cytotechnologists.
            ``(12) Social service, rehabilitation therapist, nursing, 
        and medical support assistants.
            ``(13) Psychologists.
            ``(14) Social workers.
            ``(15) Dietitians.
            ``(16) Industrial hygienists.
            ``(17) Microbiologists.
            ``(18) Chemists.
            ``(19) Biostatisticians.
            ``(20) Health system specialists.
            ``(21) Health system specialists/administrators.
            ``(22) Orthotist/prosthetists.
            ``(23) Medical records specialists/administrators.
            ``(24) Biomedical engineers.
            ``(25) Pharmacists.
            ``(26) Audiologist/speech pathologists.
            ``(27) Licensed practical nurses.
    ``(c) Additional Eligible Individuals.--The Secretary may identify 
other individuals in a healthcare occupation or profession who may be 
appointed under the authority in subsection (a) when the Secretary 
determines the use of such authority is necessary because of an 
expansion or other change in the healthcare mission of the Department 
or difficulty in employing individuals in such healthcare occupation or 
profession for service in the Department as a result of competing 
sources of employment or other reasons.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``9905. Direct hire authority for healthcare professionals.''.

SEC. 1105. 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. 1106. TECHNICAL CHANGE TO THE DEFINITION OF A 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, 
0511, or equivalent''.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

SEC. 1201. FUND FOREIGN VISITORS TO THE SERVICE ACADEMY INTERNATIONAL 
              PROGRAMS AND ESTABLISH PER DIEM FOR FACULTY AND CADETS IN 
              STUDY ABROAD PROGRAMS.

    (a) In General.--Chapter 53 of title 10, United States Code, is 
amended by adding the following new section:
``Sec. 1060c. Service academy international programs language and 
              cultural immersion and foreign exchange and cooperation 
              activities
    ``The superintendents of the United States Military Academy, United 
States Naval Academy, and United States Air Force Academy may pay the 
travel, subsistence, and special compensation of officers, students, 
and representatives of foreign countries and other hosting and 
entertainment expenses of foreign visitors that the superintendent 
concerned considers necessary for international cooperation. When 
United States Air Force Academy and United States Military Academy 
cadets, and United States Naval Academy midshipmen, travel or study 
abroad in programs to enhance language skills and cultural 
understanding, the superintendent concerned may determine that a rate 
lower than the per diem authorized in accordance with the Joint Federal 
Travel Regulations should be used.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1060c. Service academy international programs language and cultural 
                            immersion and foreign exchange and 
                            cooperation activities.''.

     Subtitle B--Nonproliferation Matters and Countries of Concern

SEC. 1211. WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA.

    (a) Annual Waiver Authority.--
            (1) Except as provided in subsection (b), the President may 
        waive in whole or in part, with respect to North Korea, the 
        application of any sanction contained in section 102(b) of the 
        Arms Export Control Act (22 U.S.C. 2799aa-1(b)), for the 
        purpose of--
                    (A) assisting in the implementation of the North 
                Korean commitment, undertaken in the Joint Statement of 
                September 19, 2005, ``to abandoning all nuclear weapons 
                and existing nuclear programs'' as part of the 
                verifiable denuclearization of the Korean Peninsula, 
                and verification thereof; and
                    (B) promoting the elimination of the capability of 
                North Korea to develop, deploy, transfer, or maintain 
                weapons of mass destruction, or their delivery systems.
            (2) Any waiver issued pursuant to this subsection shall 
        expire at the end of the calendar year in which it was issued.
    (b) Exceptions.--
            (1) The authority under subsection (a) shall not apply with 
        respect to a sanction or prohibition contained in subparagraph 
        (B), (C), or (G) of section 102(b)(2) of the Arms Export 
        Control Act unless the President determines, and so certifies 
        to the appropriate congressional committees, that--
                    (A) all reasonable steps will be taken to assure 
                that the articles or services exported or otherwise 
                provided will not be used to improve the military 
                capabilities of the North Korean armed forces; and
                    (B) such waiver is in the national security 
                interests of the United States.
            (2) The authority under subsection (a) shall not apply with 
        respect to--
                    (A) an activity described in subparagraph (A) or 
                (C) of section 102(b)(1) of the Arms Export Control Act 
                that occurred after September 19, 2005; or
                    (B) an activity described in subparagraph (D) of 
                section 102(b)(1) of such Act that occurs after the 
                date of enactment of this Act,
        unless the President determines, and so certifies to the 
        appropriate congressional committees, that such waiver is vital 
        to the national security interests of the United States.
            (3) The authority under subsection (a) shall not apply with 
        respect to an activity described in subparagraph (B) of section 
        102(b)(1) of such Act that occurs after the date of enactment 
        of this Act.
    (c) Notifications and Reports.--
            (1) Any waiver pursuant to subsection (a) shall be notified 
        in writing to the appropriate congressional committees.
            (2) No later than August 31, 2008, and annually thereafter, 
        the President shall submit to the appropriate congressional 
        committees a report that--
                    (A) lists all waivers issued pursuant to this 
                section in the preceding twelve months;
                    (B) describes in detail the progress that is being 
                made in the implementation of the commitment undertaken 
                by North Korea, in the Joint Statement of September 19, 
                2005, ``to abandoning all nuclear weapons and existing 
                nuclear programs'' as part of the verifiable 
                denuclearization of the Korean Peninsula;
                    (C) discusses specifically any shortcomings in 
                North Korea's implementation of that commitment; and
                    (D) lists and describes the progress and 
                shortcomings, in the preceding twelve months, of all 
                other programs promoting the elimination of North 
                Korea's capability to develop, deploy, transfer, or 
                maintain weapons of mass destruction or their delivery 
                systems.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committees on Appropriations, Armed Services, and 
        Foreign Relations of the Senate; and
            (2) the Committees on Appropriations, Armed Services, and 
        Foreign Affairs of the House of Representatives.

                       Subtitle C--Other Matters

SEC. 1221. SALES OF DEFENSE SERVICES TO BE PERFORMED OVERSEAS TO 
              SUPPORT DIRECT COMMERCIAL SALES BY UNITED STATES 
              COMPANIES.

    (a) In General.--Section 30(a) of the Arms Export Control Act (22 
U.S.C. 2770) is amended by striking ``: Provided, however, That such 
services may be performed only in the United States''.
    (b) Clerical Amendment.--The heading of chapter 2B of the Arms 
Export Control Act (Public Law 97-392; 96 Stat. 1962) is amended to 
read as follows:

 ``CHAPTER 2B--SALES OF DEFENSE ARTICLES AND SERVICES TO UNITED STATES 
                              COMPANIES''.

TITLE XIII--MATTERS RELATING TO BUILDING PARTNER CAPABILITIES TO COMBAT 
                    TERRORISM AND ENHANCE STABILITY

 Subtitle A--Building Security Capacity and Non-Military Stabilization 
                                Support

SEC. 1301. BUILDING THE PARTNERSHIP CAPACITY OF FOREIGN MILITARY AND 
              OTHER SECURITY FORCES.

    (a) In General.--Chapter 20 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 409. Authority to build the capacity of foreign military and 
              security forces
    ``(a) Authority.--The Secretary of Defense, with the concurrence of 
the Secretary of State, may authorize programs to build the capacity of 
a foreign country's national military forces and other security forces, 
including gendarmerie, constabulary, internal defense, infrastructure 
protection, civil defense, homeland defense, coast guard, border 
protection, and counterterrorism forces, in order for that country to--
            ``(1) conduct counterterrorist operations; or
            ``(2) participate in or support military and stability 
        operations that are consistent with the security interests of 
        the United States.
    ``(b) Types of Capacity Building.--
            ``(1) Authorized elements.--Programs authorized under 
        subsection (a) may be carried out by grant or otherwise, and 
        may include the provision of equipment, supplies, and training, 
        and minimal construction incidental to the provision of 
        equipment.
            ``(2) Required elements.--Programs authorized under 
        subsection (a) shall include elements that promote--
                    ``(A) observance of and respect for human rights 
                and fundamental freedoms; and
                    ``(B) respect for legitimate civilian authority 
                within that country.
            ``(3) Preparation elements.--In preparation of execution of 
        programs authorized under subsection (a), United States armed 
        forces may participate in training activities authorized by 
        section 2011 of this title in nations where training pursuant 
        to such section is on-going.
    ``(c) Limitations.--
            ``(1) Availability of funds.--
                    ``(A) The Secretary of Defense may use, or transfer 
                to the Department of State or any other Federal agency, 
                up to $750,000,000 of funds in any fiscal year to 
                conduct or support activities authorized under 
                subsection (a).
                    ``(B) Amounts available for the authority in 
                subsection (a) for a fiscal year may be used for 
                programs under that authority that begin in that fiscal 
                year but end in the next fiscal year.
            ``(2) Assistance otherwise prohibited by law.--The 
        Secretary of Defense may not use the authority in subsection 
        (a) to provide any type of assistance described in subsection 
        (b) that is otherwise prohibited by any provision of law.
            ``(3) Limitation on eligible countries.--The Secretary of 
        Defense may not use the authority in subsection (a) to provide 
        assistance described in subsection (b) to any foreign country 
        that is otherwise prohibited from receiving such type of 
        assistance under any other provision of law.
            ``(4) Waiver authority.--Notwithstanding any other 
        provision of law, the President or the Secretary of State, as 
        appropriate, may waive any restrictions that may apply to 
        assistance for military or other security forces provided under 
        this section upon determining that the applicable standard for 
        any such waiver already available under existing law is met, or 
        otherwise upon determining that it is in the national security 
        interests of the United States to do so.
    ``(d) Formulation and Execution of Program.--The Department of 
Defense and the Department of State shall jointly formulate any program 
authorized under subsection (a). The Secretary of Defense shall 
coordinate with the Secretary of State in the implementation of any 
program authorized under subsection (a).
    ``(e) Congressional Notification.--
            ``(1) Activities in a country.--Not less than 15 days 
        before initiating activities authorized under subsection (a) in 
        any country, the Secretary of Defense, in coordination with the 
        Secretary of State, shall submit to the congressional 
        committees specified in paragraph (2) a notice of the 
        following:
                    ``(A) The country being assisted pursuant to 
                subsection (a).
                    ``(B) The budget, implementation timeline with 
                milestones, and completion date for completing the 
                program authorized under subsection (a).
                    ``(C) The source and planned expenditure of funds 
                to complete the program authorized under subsection 
                (a).
            ``(2) Specified congressional committees.--The 
        congressional committees specified in this paragraph are the 
        following:
                    ``(A) The Committee on Armed Services, the 
                Committee on Foreign Relations, and the Committee on 
                Appropriations of the Senate.
                    ``(B) The Committee on Armed Services, the 
                Committee on Foreign Affairs, and the Committee on 
                Appropriations of the House of Representatives.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``409. Authority to build the capacity of foreign military and security 
                            forces.''.

   Subtitle B--Enhancing Partners' Capacity for Effective Operations

SEC. 1311. LOANS OF SIGNIFICANT MILITARY EQUIPMENT.

    Section 2350(1) of title 10, United States Code, is amended by 
inserting before the period at the end the following: ``, except that 
such items of significant military equipment may be provided for 
temporary use, not to exceed one year, to security forces of nations 
participating in combined operations with the United States armed 
forces for personnel protection or to aid in personnel survivability, 
if the Secretary of Defense, with the concurrence of the Secretary of 
State, determines in writing that it is in the national security 
interests of the United States to provide such support''.

SEC. 1312. GRANTS OF NON-LETHAL EXCESS DEFENSE ARTICLES BY GEOGRAPHIC 
              COMBATANT COMMANDERS.

    (a) In General.--Chapter 6 of title 10, United States Code, is 
amended by inserting after section 166b the following new section:
``Sec. 166c. Geographic combatant commander's authority to transfer 
              excess defense articles
    ``(a) Authorization.--A geographic combatant commander, with the 
concurrence of the Secretary of State, is authorized to transfer, on a 
grant basis, a total of $25,000 per year of non-lethal excess defense 
articles to each country within that commander's area of responsibility 
for the purpose of building the capacity of such countries to conduct 
counterterrorist operations, or to participate in or support military 
and stability operations consistent with the security interests of the 
United States.
    ``(b) Limitations on Transfers.--A geographic combatant commander 
may transfer excess defense articles under this section only if--
            ``(1) such articles are drawn from existing stocks of the 
        Department of Defense;
            ``(2) funds available to the Department of Defense for the 
        procurement of defense equipment are not expended in connection 
        with the transfer; and
            ``(3) the transfer of such articles will not have an 
        adverse impact on the military readiness of the United States.
    ``(c) Transportation and Related Costs.--
            ``(1) In general.--Except as provided in paragraph (2), 
        funds available to the Department of Defense may not be 
        expended for crating, packing, handling, and transporting 
        excess defense articles transferred under the authority of this 
        section.
            ``(2) Exception.--A geographic combatant commander may 
        provide for the transportation of excess defense articles 
        without charge to a country for the costs of such 
        transportation if--
                    ``(A) it is determined that it is in the national 
                interest of the United States to do so;
                    ``(B) the recipient is a developing country;
                    ``(C) the total weight of the transfer does not 
                exceed 50,000 pounds; and
                    ``(D) such transportation is accomplished on a 
                space available basis.
    ``(d) Prohibited Transfers.--A geographic combatant commander may 
not transfer under the authority in section (a) excess defense articles 
that are significant military equipment as defined in section 47(9) of 
the Arms Export Control Act (22 U.S.C. 2794(9)).
    ``(e) Excess Coast Guard Property.--For purposes of this section, 
the term `excess defense articles' shall be deemed to include excess 
property of the Coast Guard. The term `Department of Defense' shall be 
deemed, with respect to such excess property, to include the Coast 
Guard.
    ``(f) Definitions.--In this section:
            ``(1) The term `geographic combatant commander' means the 
        commander of a combatant command (as such term is defined in 
        section 161(c) of this title) with a geographic area of 
        responsibility.
            ``(2) The term `excess defense articles' has the meaning 
        set forth in section 644(g) of the Foreign Assistance Act of 
        1961, as amended (22 U.S.C. 2403(g)).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
166b the following new item:

``166c. Geographic combatant commander's authority to transfer excess 
                            defense articles.''.

SEC. 1313. ESTABLISHMENT OF A DEFENSE COALITION SUPPORT ACCOUNT TO 
              MAINTAIN INVENTORY OF CRITICAL ITEMS FOR COALITION 
              PARTNERS.

    (a) In General.--The Arms Export Control Act is amended--
            (1) by striking ``Special Defense Acquisition Fund'' each 
        place it appears and inserting ``Defense Coalition Support 
        Fund'';
            (2) in section 51 (22 U.S.C. 2795)--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) by striking ``in consultation 
                                with'' and inserting ``with the 
                                concurrence of'';
                                    (II) by inserting ``and 
                                management'' after ``control'';
                                    (III) by inserting ``temporary use 
                                or'' after ``anticipation of their''; 
                                and
                                    (IV) by inserting ``, including to 
                                support coalition or international 
                                military stability or counter-terrorist 
                                operations'' after ``international 
                                organizations'';
                            (ii) in paragraph (3), by inserting 
                        ``(including temporary use)'' after 
                        ``transfer'';
                            (iii) in paragraph (4)--
                                    (I) by striking ``narcotics control 
                                purposes'' and inserting ``building 
                                partner capacity''; and
                                    (II) by striking ``such as small 
                                boats, planes (including helicopters), 
                                and communication equipment'';
                    (B) in subsection (b)--
                            (i) by striking ``and'' at the end of 
                        paragraph (2);
                            (ii) by inserting after paragraph (3) the 
                        following new paragraphs:
            ``(4) collections from leases made pursuant to section 61 
        of this Act; and
            ``(5) contributions of money or property from any United 
        States or foreign person or entity, foreign government, or 
        international organization for use for purposes of the Fund,''; 
        and
                            (iii) in the matter after paragraph (5), as 
                        added by clause (ii), by inserting ``to the 
                        Department of State or the Department of 
                        Defense'' after ``authorized and 
                        appropriated'';
                    (C) by amending subsection (c) to read as follows:
    ``(c) Except during a period of active hostilities, the value of 
property purchased and held in inventory under this section may not 
exceed $200,000,000. Amounts credited to the Fund under subsection (b) 
shall remain available until expended.''; and
                    (D) by adding at the end the following new 
                subsection:
    ``(d) Transfer of Funds.--In order to carry out the purposes of 
this Fund, amounts in the Fund may be transferred to any current 
appropriation, fund, or account of the Department of Defense or the 
Department of State, and shall be merged with the appropriation, fund, 
or account to which transferred.''; and
            (3) in section 52 (22 U.S.C. 2795a)--
                    (A) in subsection (a), by inserting ``(including 
                temporary use)'' after ``transfer''; and
                    (B) in subsection (b), by striking ``The President 
                may'' and inserting ``The Secretary of Defense with the 
                concurrence of the Secretary of State may''.
    (b) Conforming Amendments.--Section 114 of title 10, United States 
Code, is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (c), (d), and (e), respectively.

SEC. 1314. REIMBURSEMENT OF SALARIES FOR RESERVE COMPONENTS IN SUPPORT 
              OF SECURITY COOPERATION MISSIONS.

    Notwithstanding provisions concerning the salaries of members of 
the Armed Forces in sections 503(a)(3) and 632(d) of the Foreign 
Assistance Act of 1961, the full cost of salaries of military 
reservists may, during fiscal years 2009 and 2010, be included in 
calculating pricing or value for reimbursement charged under those 
sections, respectively.

SEC. 1315. 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 any fiscal year are 
available for use for programs that begin in such fiscal year but end 
in the next fiscal year.''.

 Subtitle C--Developing Commonality by Expanding Professional Military 
             Education, Training, and Support for Partners

SEC. 1321. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL OF 
              EDUCATION AND TRAINING MATERIALS AND INFORMATION 
              TECHNOLOGY TO ENHANCE MILITARY INTEROPERABILITY.

    (a) Distribution Authorized.--To enhance interoperability between 
the Armed Forces and military forces of friendly foreign nations, the 
Secretary of Defense, with the concurrence of the Secretary of State, 
may--
            (1) provide to personnel referred to in subsection (b) 
        electronic distributed learning content for the education and 
        training of such personnel for the development or enhancement 
        of allied and friendly military and civilian capabilities for 
        multinational operations, including joint exercises and 
        coalition operations; and
            (2) provide information technology, including computer 
        software developed for such purpose, but only to the extent 
        necessary to support the use of such learning content for the 
        education and training of such personnel.
    (b) Authorized Recipients.--The personnel to whom learning content 
and information technology may be provided under subsection (a) are 
military and civilian personnel of a friendly foreign government, with 
the permission of that government.
    (c) Education and Training.--Any education and training provided 
under subsection (a) shall include the following:
            (1) Internet-based education and training.
            (2) Advanced distributed learning and similar Internet 
        learning tools, as well as distributed training and computer-
        assisted exercises.
    (d) Applicability of Export Control Regimes.--The provision of 
learning content and information technology under this section shall be 
subject to the provisions of the Arms Export Control Act (22 U.S.C. 
2751 et seq.) and any other export control regime under law relating to 
the transfer of military technology to foreign nations.
    (e) Secretary of Defense Guidance.--(1) Guidance Required.--The 
Secretary of Defense shall develop and issue guidance on the procedures 
for the use of the authority provided in this section.
    (2) Submittal to Congressional Committees.--Not later than 30 days 
after issuing the guidance required by paragraph (1), the Secretary 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report setting forth such guidance.
    (3) Modification.--If the Secretary modifies the guidance issued 
under paragraph (1), the Secretary shall submit to the committees named 
in paragraph (2) a report setting forth the modified guidance not later 
than 30 days after the date of such modification.
    (f) Annual Report.--(1) Report Required.--Not later than October 31 
following the close of the fiscal year in which the authority granted 
herein is used, the Secretary of Defense shall submit to the committees 
named in subsection (f)(1) a report on the exercise of the authority 
provided in this section during the preceding fiscal year.
    (2) Elements.--Each report under paragraph (1) shall include, for 
the fiscal year covered by such report, the following:
            (A) A statement of the recipients of learning content and 
        information technology provided under this section.
            (B) A description of the type, quantity, and value of the 
        learning content and information technology provided under this 
        section.

SEC. 1322. ENHANCING PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN 
              MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.

    (a) In General.--Subchapter II of chapter 138 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2350m. Participation in multinational military centers of 
              excellence
    ``(a) Participation Authorized.--The Secretary of Defense may, with 
the concurrence of the Secretary of State, authorize the participation 
of members of the armed forces and Department of Defense civilian 
personnel in any multinational military center of excellence hosted by 
any nation or combination of nations referred to in subsection (b) for 
purposes of--
            ``(1) enhancing the ability of military forces and civilian 
        personnel of the nations participating in such center to engage 
        in joint exercises or coalition or international military 
        operations; or
            ``(2) improving interoperability between the Armed Forces 
        of the United States and the military forces of friendly 
        foreign nations.
    ``(b) Covered Nations.--The nations referred to in this section are 
as follows:
            ``(1) The United States.
            ``(2) Any member nation of the North Atlantic Treaty 
        Organization (NATO).
            ``(3) Any major non-NATO ally.
            ``(4) Any other friendly foreign nation identified by the 
        Secretary of Defense, with the concurrence of the Secretary of 
        State, for purposes of this section.
    ``(c) Memorandum of Understanding.--(1) Requirement.--The 
participation of members of the armed forces or Department of Defense 
civilian personnel in a multinational military center of excellence 
under subsection (a) shall be in accordance with the terms of one or 
more memoranda of understanding entered into by the Secretary of 
Defense, with the concurrence of the Secretary of State, and the 
foreign nation or nations concerned.
    ``(2) Scope.--If Department of Defense facilities, equipment, or 
funds are used to support a multinational military center of excellence 
under subsection (a), the memorandum of understanding under paragraph 
(1) with respect to that center shall provide details of any cost-
sharing arrangement or other funding arrangement.
    ``(d) Availability of Appropriated Funds.--(1) Availability.--Funds 
appropriated to the Department of Defense for operation and maintenance 
are available as follows:
            ``(A) To pay the United States share of the operating 
        expenses of any multinational military center of excellence in 
        which the United States participates under this section.
            ``(B) To pay the costs of the participation of members of 
        the armed forces and Department of Defense civilian personnel 
        in multinational military centers of excellence under this 
        section, including the costs of expenses of such participants.
    ``(2) Limitation on Use of Funds.--No funds may be used under this 
section to fund the pay or salaries of members of the armed forces and 
Department of Defense civilian personnel who participate in 
multinational military centers of excellence under this section.
    ``(e) Use of Department of Defense Facilities and Equipment.--
Facilities and equipment of the Department of Defense may be used for 
purposes of the support of multinational military centers of excellence 
under this section that are hosted by the Department.
    ``(f) Report on Use of Authority.--
            ``(1) Report required.--Not later than October 31 following 
        the close of the fiscal year in which the authority granted 
        herein is used, 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 
        use of the authority in this section during that fiscal year.
            ``(2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    ``(A) A detailed description of the participation 
                of the Department of Defense, and of members of the 
                armed forces and civilian personnel of the Department, 
                in multinational military centers of excellence under 
                the authority of this section during the fiscal year.
                    ``(B) For each multinational military center of 
                excellence in which the Department of Defense, or 
                members of the armed forces or Department of Defense 
                civilian personnel, so participated--
                            ``(i) a description of such multinational 
                        military center of excellence;
                            ``(ii) a description of the activities 
                        participated in by the Department, or by 
                        members of the armed forces or Department of 
                        Defense civilian personnel; and
                            ``(iii) a statement of the costs of the 
                        Department for such participation, including--
                                    ``(I) a statement of the United 
                                States share of the expenses of such 
                                center, and a statement of the 
                                percentage of the United States share 
                                of the expenses of such center to the 
                                total expenses of such center; and
                                    ``(II) a statement of the amount of 
                                such costs (including a separate 
                                statement of the amount of costs paid 
                                for under the authority of this section 
                                by category of costs).
    ``(g) Definitions.--In this section:
            ``(1) The term `multinational military center of 
        excellence' means an entity sponsored by one or more nations 
        that is accredited and approved by the Department of Defense as 
        offering recognized expertise and experience to personnel 
        participating in the activities of such entity for the benefit 
        of United States forces and the militaries of friendly foreign 
        nations by providing such personnel opportunities to--
                    ``(A) enhance education and training;
                    ``(B) improve interoperability and capabilities;
                    ``(C) assist in the development of doctrine; and
                    ``(D) validate concepts through experimentation.
            ``(2) The term `major non-NATO ally' means a country (other 
        than a member nation of the North Atlantic Treaty Organization) 
        that is designated as a major non-NATO ally by the Secretary of 
        Defense, with the concurrence of the Secretary of State, under 
        section 2350a of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2350m. Participation in multinational military centers of 
                            excellence.''.

SEC. 1323. REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM.

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

SEC. 1324. 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 new paragraph:
            ``(5) Funds available under this section for any fiscal 
        year are available for use for programs that begin in such 
        fiscal year but end in the next fiscal year.''.

SEC. 1325. 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'' and inserting 
        ``Multilateral, bilateral,'';
            (2) in subsection (a), by striking ``a bilateral'' and 
        inserting ``a multilateral, bilateral,'';
            (3) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``to and'' and inserting 
                        ``to, from, and''; and
                            (ii) by striking ``bilateral'' and 
                        inserting `` multilateral, bilateral,''; and
                    (B) in paragraph (2), by striking ``bilateral'' and 
                inserting `` multilateral, bilateral,''; and
            (4) by adding at the end the following new subsection:
    ``(e) Funds available under this section for any fiscal year are 
available for use 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 new item:

``1051. Multilateral, bilateral, or regional cooperation programs: 
                            payment of personnel expenses.''.

SEC. 1326. ENHANCING THE ABILITY OF THE UNITED STATES GOVERNMENT TO 
              CONDUCT COMPLEX OPERATIONS.

    (a) In General.--Chapter 20 of title 10, United States Code, is 
amended by adding the following new section:
``Sec. 412. Center for Complex Operations
    ``(a) Authority.--The Secretary of Defense may establish a Center 
for Complex Operations to--
            ``(1) coordinate more effectively the preparation of 
        Department of Defense and other U.S. Government personnel for 
        complex operations;
            ``(2) foster unity of effort among U.S. Government 
        departments and agencies, foreign governments and militaries, 
        international organizations, and non-governmental 
        organizations;
            ``(3) conduct research; collect, analyze, and distribute 
        lessons learned; and compile best practices in the area of 
        complex operations; and
            ``(4) identify education and training gaps of the 
        Department of Defense and other Federal departments and 
        agencies and facilitate efforts to fill those gaps.
    ``(b) Authority To Provide Support and Transfer Funds.--The heads 
of other Federal departments and agencies are authorized to provide 
services, including personnel support, and to transfer funds to the 
Secretary of Defense to support the operation of the Center for Complex 
Operations.
    ``(c) Authority To Accept Gifts and Donations.--
            ``(1) Subject to paragraph (3), the Secretary of Defense 
        may accept from any source specified in paragraph (2) any gift 
        or donation for purposes of defraying the costs or enhancing 
        the operation of the center.
            ``(2) The sources from which gifts and donations may be 
        accepted under this subsection are the following:
                    ``(A) The government of a State or a political 
                subdivision of a State.
                    ``(B) The government of a foreign country.
                    ``(C) A foundation or other charitable 
                organization, including a foundation or charitable 
                organization that is organized or operates under the 
                laws of a foreign country.
                    ``(D) Any source in the private sector of the 
                United States or a foreign country.
            ``(3) Limitation.--The Secretary may not accept a gift or 
        donation under this subsection if acceptance of the gift or 
        donation would compromise or appear to compromise--
                    ``(A) the ability of the Department of Defense, any 
                employee of the Department, or any member of the armed 
                forces to carry out the responsibility or duty of the 
                Department in a fair and objective manner; or
                    ``(B) the integrity of any program of the 
                Department or of any person involved in such a program.
            ``(4) Criteria for acceptance.--The Secretary of Defense 
        shall prescribe written guidance setting forth the criteria to 
        be used in determining the applicability of paragraph (3) to 
        any proposed gift or donation under this section.
    ``(d) Crediting of Funds.--Funds accepted by the Secretary of 
Defense under this section shall be credited to appropriations 
available to the Department of Defense for the Center for Complex 
Operations and shall be available for the same purposes as the 
appropriations with which merged. Any funds accepted under this section 
shall remain available until expended.
    ``(e) Definitions.--(1) Gift or Donation.--In this section, the 
term `gift or donation' means any gift or donation of funds, materials 
(including research materials), real or personal property, or services 
(including lecture services and faculty services).
    ``(2) Complex Operations.--In this section, complex operations are 
defined as stability, security, transition and reconstruction 
operations, counterinsurgency, and irregular warfare.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``412. Center for Complex Operations.''.

  Subtitle D--Setting Conditions Through Support for Local Populations

SEC. 1331. AMENDMENTS OF AUTHORITY FOR HUMANITARIAN ASSISTANCE.

    Section 2561(a)(1) of title 10, United States Code, is amended by 
inserting ``and, with the concurrence of the relevant Chief of Mission, 
for stabilization purposes'' after ``other humanitarian purposes''.

SEC. 1332. MAKING PERMANENT AND GLOBAL THE COMMANDERS EMERGENCY 
              RESPONSE PROGRAM FOR URGENT HUMANITARIAN AND 
              RECONSTRUCTION NEEDS IN THE FIELD.

    (a) In General.--Chapter 20 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 410. Commanders' emergency response program
    ``(a) Authority.--Funds made available to the Department of Defense 
for the Commanders' Emergency Response Program for any fiscal year may 
be used by the Secretary of Defense in such fiscal year to provide 
funds--
            ``(1) for the Commanders' Emergency Response Program in 
        Iraq and a similar program in Afghanistan; and
            ``(2) for a similar program to assist the people of a 
        developing country where United States forces are operating.
    ``(b) Quarterly Report.--Not later than 15 days after the end of 
each fiscal-year quarter, the Secretary of Defense shall submit to the 
congressional defense committees a report regarding the source of funds 
and the allocation and use of funds during that quarter that were made 
available pursuant to the authority provided in this section or under 
any other provision of law for the purposes of the programs under 
subsection (a).
    ``(c) Submission of Guidance.--
            ``(1) Initial submission.--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 copy of 
        the guidance issued by the Secretary to the Armed Forces 
        concerning the allocation of funds through the Commanders' 
        Emergency Response Program and any similar program to assist 
        the people of a developing country.
            ``(2) Modifications.--If the guidance in effect for the 
        purpose stated in paragraph (1) is modified, the Secretary 
        shall submit to the congressional defense committees a copy of 
        the modification not later than 15 days after the date on which 
        the Secretary makes the modification.
    ``(d) Waiver Authority.--For purposes of exercising the authority 
provided by this section or any other provision of law making funding 
available for the Commanders' Emergency Response Program referred to in 
subsection (a) (including a program referred to in paragraph (2) of 
that subsection), the Secretary of Defense may waive any provision of 
law not contained in this section that would (but for the waiver) 
prohibit, restrict, limit, or otherwise constrain the exercise of that 
authority.
    ``(e) Execution of Program.--Within sixty days of the enactment of 
this provision, the Departments of Defense and State shall jointly 
develop procedures for the exercise of the authority in subsection (a). 
Such procedures shall provide for expeditious coordination between the 
Department of Defense and the Department of State to achieve agile, 
appropriate, and effective use of this authority to promote the 
security interests of the United States.
    ``(f) Commanders' Emergency Response Program Defined.--In this 
section, the term `Commanders' Emergency Response Program' means the 
program established by the Administrator of the Coalition Provisional 
Authority for the purpose of enabling United States military commanders 
in Iraq to respond to urgent humanitarian relief and reconstruction 
requirements within their areas of responsibility by carrying out 
programs that will immediately assist the Iraqi people.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``410. Commanders' emergency response program.''.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2009''.

                            TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
                 State                           Installation or Location                      Amount
----------------------------------------------------------------------------------------------------------------
Alabama...............................  Anniston Army Depot......................  45,000,000
Alaska................................  Fort Richardson..........................  15,000,000
                                        Fort Wainwright..........................  110,400,000
Arizona...............................  Fort Huachuca............................  11,200,000
                                        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................................  Schofield Barracks.......................  279,000,000
                                        Wahiawa..................................  40,000,000
Kansas................................  Fort Riley...............................  155,000,000
Kentucky..............................  Fort Campbell............................  108,113,000
Louisiana.............................  Fort Polk................................  29,000,000
Missouri..............................  Fort Leonard Wood........................  20,850,000
New York..............................  Fort Drum................................  90,000,000
                                        United States Military Academy, West       67,000,000
                                         Point.
North Carolina........................  Fort Bragg...............................  36,900,000
Oklahoma..............................  Fort Sill................................  63,000,000
Pennsylvania..........................  Carlisle Barracks........................  13,400,000
                                        Tobyhanna Army Depot.....................  15,000,000
South Carolina........................  Fort Jackson.............................  30,000,000
Texas.................................  Corpus Christi Storage Complex...........  39,000,000
                                        Fort Bliss...............................  1,031,800,000
                                        Fort Hood................................  32,000,000
                                        Fort Sam Houston.........................  96,000,000
                                        Red River Army Depot.....................  6,900,000
Virginia..............................  Fort Belvoir.............................  7,200,000
                                        Fort Eustis..............................  14,400,000
                                        Fort Lee.................................  100,600,000
                                        Fort Myer................................  14,000,000
Washington............................  Fort Lewis...............................  158,000,000
                                                                                  ------------------------------
                                        Total....................................  3,933,663,000
----------------------------------------------------------------------------------------------------------------

    (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
                                                                                 -------------------------------
                                        Total...................................  244,850,000
----------------------------------------------------------------------------------------------------------------

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            Purpose                 Amount
----------------------------------------------------------------------------------------------------------------
Germany...........................  Wiesbaden Air Base............  326 Units............  133,000,000
Korea.............................  Camp Humphreys................  216 Units............  125,000,000
                                                                                          ----------------------
                                    Total.........................  .....................  258,000,000
----------------------------------------------------------------------------------------------------------------

    (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.

    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 $6,010,610,000 as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $3,933,663,000.
            (2) For military construction projects outside the United 
        States authorized by section 2101(b), $244,850,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $23,000,000.
            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $200,807,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $678,580,000.
                    (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), $102,000,000.
            (7) For the construction of increment 2 of the SOUTHCOM 
        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. 
        xxxx), $81,600,000.
            (8) For the construction of increment 2 of the BDE 
        Complex--Barracks/Community 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. xxxx), $15,000,000.
            (9) For the construction of increment 2 of the BDE 
        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. xxxx), $15,000,000.

                            TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
                 State                            Installation or Location                      Amount
----------------------------------------------------------------------------------------------------------------
Arizona...............................  Marine Corps Air Station, Yuma.............  19,490,000
California............................  Marine Corps Base, Camp Pendleton..........  799,870,000
                                        Marine Corps Logistics Base, Barstow.......  7,830,000
                                        Marine Corps Air Station, Miramar..........  48,770,000
                                        Naval Air Facility, El Centro..............  8,900,000
                                        Naval Facility, San Clemente Island........  34,020,000
                                        Naval Air Station, North Island............  53,262,000
                                        Marine Corps Recruit Depot, San Diego......  51,220,000
                                        Marine Corps Base, Twentynine Palms........  145,550,000
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.....................  14,900,000
                                        Naval Support Activity, Tampa..............  29,000,000
Georgia...............................  Marine Corps Logistics Base, Albany........  15,320,000
Hawaii................................  Marine Corps Base, Hawaii..................  28,200,000
                                        Pacific Missile Range, Barking Sands.......  28,900,000
                                        Naval Station, Pearl Harbor................  80,290,000
Illinois..............................  Recruit Training Command, Great Lakes......  62,940,000
Maryland..............................  Naval Surface Warfare Center, Indian Head..  13,930,000
Mississippi...........................  Naval Construction Battalion Center,         6,900,000
                                         Gulfport.
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.....................  29,900,000
South Carolina........................  Marine Corps Air Station, Beaufort.........  5,940,000
                                        Marine Corps Recruit Depot, Parris Island..  64,750,000
Virginia..............................  Marine Corps Base, Quantico................  144,310,000
                                        Naval Station, Norfolk.....................  53,330,000
                                                                                    ----------------------------
                                        Total......................................  2,384,942,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(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
                                                                                 -------------------------------
                                        Total...................................  175,500,000
----------------------------------------------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(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
                                                                                 -------------------------------
                                         Total..................................  94,020,000
----------------------------------------------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(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            Purpose                 Amount
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay....................  Naval Air Station, Guantanamo   146 Units............  62,598,000
                                     Bay.
                                                                                          ----------------------
                                    Total.........................  .....................  62,598,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2204(a)(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(a)(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 $3,855,239,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2201(a), $2,384,942,000.
            (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, $239,128,000.
            (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 kilo 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. xxxx), $50,912,000.
            (8) For the construction of increment 2 of the sub 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. xxxx), $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 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, 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), 
        $50,700,000.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2005 PROJECT INSIDE THE UNITED STATES.

    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. xxxx), 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 INSIDE THE UNITED STATES.

    (a) Modifications.--(1) 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. 2083) is amended 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''.
    (2) Section 2205(a)(17) of the Military Construction Authorization 
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
xxxx), is amended--
            (A) 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''; and
            (B) by striking the amount identified as the total in the 
        amount column and inserting ``$772,761,000''.
    (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 (1), by striking ``$56,159,000'' and 
        inserting ``$64,508,000''; and
            (2) in paragraph (2), by striking ``$31,153,000'' and 
        inserting ``$34,000,000''.

                         TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table:

                                       Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
                 State                           Installation or Location                     Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................  Maxwell Air Force Base.................  15,556,000
Alaska.................................  Elmendorf Air Force Base...............  138,300,000
California.............................  Edwards Air Force Base.................  3,100,000
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.................  21,000,000
Georgia................................  Robins Air Force Base..................  24,100,000
Maryland...............................  Andrews Air Force Base.................  77,648,000
Mississippi............................  Columbus Air Force Base................  8,100,000
Nevada.................................  Creech Air Force Base..................  48,500,000
                                         Nellis Air Force Base..................  53,300,000
New Mexico.............................  Holloman Air Force Base................  25,450,000
Oklahoma...............................  Tinker Air Force Base..................  48,600,000
South Carolina.........................  Charleston Air Force Base..............  4,500,000
Texas..................................  Fort Hood..............................  10,800,000
                                         Lackland Air Force Base................  75,515,000
Utah...................................  Hill Air Force Base....................  36,000,000
Washington.............................  McChord Air Force Base.................  5,500,000
Wyoming................................  Francis E. Warren Air Force Base.......  8,600,000
                                                                                 -------------------------------
                                         Total..................................  660,569,000
----------------------------------------------------------------------------------------------------------------

    (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.................  5,200,000
Kyrgyzstan............................  Manas Air Base..........................  6,000,000
Qatar.................................  Qatar...................................  59,638,000
United Kingdom........................  Royal Air Force Lakenheath..............  7,400,000
                                                                                 -------------------------------
                                        Total...................................  135,438,000
----------------------------------------------------------------------------------------------------------------

    (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
                                                                                   -----------------------------
                                         Total....................................  53,391,000
----------------------------------------------------------------------------------------------------------------

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, in the number of units, and in the amounts set forth in 
the following table:

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
               State                   Installation or Location            Purpose                 Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom....................  Royal Air Force Lakenheath....  182 Units............  71,828,000
                                                                                          ----------------------
                                    Total.........................  .....................  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 $1,930,236,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2301(a), $660,569,000.
            (2) For military construction projects outside the United 
        States authorized by section 2301(b), $135,438,000.
            (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, $70,494,000.
            (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), $599,465,000.

                      TITLE XXIV--DEFENSE AGENCIES

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 2404(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
----------------------------------------------------------------------------------------------------------------
                Agency                          Installation or Location                      Amount
----------------------------------------------------------------------------------------------------------------
Defense Education Activity............  Fort Campbell, Kentucky.................  21,400,000
                                        Fort Bragg, North Carolina..............  78,471,000
Defense Intelligence Agency...........  Scott Air Force Base, Illinois..........  13,977,000
Defense Logistics Agency..............  Defense Distribution Depot, Tracy,        50,300,000
                                         California.
                                        Defense Fuel Supply Center, Dover Air     3,373,000
                                         Force Base, Delaware.
                                        Defense Fuel Support Point,               34,000,000
                                         Jacksonville, Florida.
                                        Hunter Army Air Field, Georgia..........  3,500,000
                                        Pearl Harbor, Hawaii....................  27,700,000
                                        Kirtland Air Force Base, New Mexico.....  14,400,000
                                        Altus Air Force Base, Oklahoma..........  2,850,000
                                        Philadelphia, Pennsylvania..............  1,200,000
                                        Hill Air Force Base, Utah...............  20,400,000
                                        Craney Island, Virginia.................  39,900,000
National Security Agency..............  Fort Meade, Maryland....................  31,000,000
Special Operations Command............  Naval Amphibious Base, Coronado,          9,800,000
                                         California.
                                        Eglin Air Force Base, Florida...........  40,000,000
                                        Hurlburt Field, Florida.................  8,900,000
                                        MacDill Air Force Base, Florida.........  10,500,000
                                        Fort Campbell, Kentucky.................  15,000,000
                                        Cannon Air Force Base, New Mexico.......  18,100,000
                                        Fort Bragg, North Carolina..............  38,250,000
                                        Fort Story, Virginia....................  11,600,000
                                        Fort Lewis, Washington..................  38,000,000
TRICARE Management Activity...........  Fort Richardson, Alaska.................  6,300,000
                                        Buckley Air Force Base, Colorado........  3,000,000
                                        Fort Benning, Georgia...................  3,900,000
                                        Fort Riley, Kansas......................  52,000,000
                                        Fort Campbell, Kentucky.................  24,000,000
                                        Aberdeen Proving Ground, Maryland.......  430,000,000
                                        Fort Leonard Wood, Missouri.............  22,000,000
                                        Tinker Air Force Base, Oklahoma.........  65,000,000
                                        Fort Sam Houston, Texas.................  13,000,000
Washington Headquarters Services......  Pentagon Reservation, Virginia..........  38,940,000
                                                                                 -------------------------------
                                        Total...................................  1,190,761,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2404(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 table:

               Defense Agencies: Outside the United States
------------------------------------------------------------------------
                                   Installation or
            Agency                     Location              Amount
------------------------------------------------------------------------
Defense Logistics Agency......  Germersheim, Germany.  48,000,000
                                Souda Bay, Greece....  27,761,000
Special Operations Command....  Al Udeid, Qatar......  9,200,000
TRICARE Management Activity...  Naval Activities,      30,000,000
                                 Guam.
                                                      ------------------
                                Total................  114,961,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2404(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
----------------------------------------------------------------------------------------------------------------
                Location                         Installation or Location                     Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified..................  Unspecified Locations..................  862,980,000
                                                                                 -------------------------------
                                         Total..................................  862,980,000
----------------------------------------------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2404(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. 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 2404(9), 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. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

    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 
$11,297,342,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2401(a), $784,511,000.
            (2) For military construction projects outside the United 
        States authorized by section 2401(b), $114,961,000.
            (3) For the military construction projects at unspecified 
        worldwide locations authorized by section 2401(c), 
        $266,660,000.
            (4) For unspecified minor military construction projects 
        under section 2805 of title 10, United States Code, 
        $31,853,000.
            (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, $155,793,000.
            (7) For energy conservation projects authorized by section 
        2402 of this Act, $80,000,000.
            (8) For base closure and realignment activities 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, 
        $393,377,000.
            (9) For base closure and realignment activities authorized 
        by section 2403 of this Act and funded through the Department 
        of Defense Base Closure Account 2005 established by 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), $9,065,386,000.
            (10) For support of military family housing (including 
        functions described in section 2833 of title 10, United States 
        Code), $54,581,000.
            (11) For the construction of increment 4 of the National 
        Security Agency/Central Security Service replacement 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, Global War on Terrorism and Hurricane Relief (Public 
        Law 109-234; 120 Stat. 485), $100,220,000.
            (12) For the construction of increment 2 of the U.S. Army 
        Medical Research Institute for 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), 
        $209,000,000.
            (13) For the construction of increment 2 of the SOF 
        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. xxxx), $150,000,000.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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--CHEMICAL DEMILITARIZATION PROGRAM

SEC. 2601. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM CONSTRUCTION 
              AND LAND ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2602(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
----------------------------------------------------------------------------------------------------------------
                 Agency                          Installation or Location                     Amount
----------------------------------------------------------------------------------------------------------------
Army...................................  Blue Grass Army Depot, Kentucky........  12,000,000
                                                                                 -------------------------------
                                         Total..................................  12,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2602. 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 2601(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. 2603. 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 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. 2604. 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 (113 Stat. 839), as 
so amended, is further amended by striking ``$267,525,000'' and 
inserting ``$469,200,000''.

SEC. 2605. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2007 PROJECT.

    (a) Modification.--The table in section 2401 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2457), is amended under the agency 
heading relating to the TRICARE Management Activity, 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 the Military 
Construction Authorization Act of Fiscal Year 2007 (120 Stat. 2461) is 
amended by striking ``$521,000,000'' and inserting ``$654,000,000''.

            TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES

SEC. 2701. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    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 Reserve components, and for contributions therefore, 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, $539,296,000; and
                    (B) for the Army Reserve, $281,687,000.
            (2) For the Department of the Navy, for the Navy Reserve 
        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, $34,374,000; and
                    (B) for the Air Force Reserve, $19,265,000.

        TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2801. 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 XXVII 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 therefore) 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 therefore), 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.

SEC. 2802. 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 sections 2101, 2302, and 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) Tables.--The tables referred to in subsection (a) are as 
follows:

                                 Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or  Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Hawaii..................................  Pohakuloa...................  Tactical Vehicle Wash          9,207,000
                                                                         Facility.
                                                                        Battle Area Complex........   33,660,000
Virginia................................  Fort Belvoir................  Defense Access Road........   18,000,000
----------------------------------------------------------------------------------------------------------------


                               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 (226   59,699,000
                                                                         units).
Florida.................................  MacDill Air Force Base......  Replace Family Housing (109   40,982,000
                                                                         units).
Missouri................................  Whiteman Air Force Base.....  Replace Family Housing (111   26,917,000
                                                                         units).
North Carolina..........................  Seymour Johnson Air Force     Replace Family Housing (255   48,868,000
                                           Base.                         units).
North Dakota............................  Grand Forks Air Force Base..  Replace Family Housing (150   43,353,000
                                                                         units).
----------------------------------------------------------------------------------------------------------------


                          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.
----------------------------------------------------------------------------------------------------------------


                           Defense Agencies: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 Agency                     Installation or  Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency................  Defense Distribution Depot    Replace Physical Fitness       6,500,000
                                           Susquehanna, New              Facility.
                                           Cumberland, Pennsylvania.
----------------------------------------------------------------------------------------------------------------

SEC. 2803. 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 
tables in subsection (b), as provided in sections 2101, 2301, 2302, and 
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) Tables.--The tables referred to in subsection (a) are as 
follows:

                                 Army: Extension of 2005 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or  Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Hawaii..................................  Schofield Barracks..........  Combined Arms Collective      32,542,000
                                                                         Training Facility.
----------------------------------------------------------------------------------------------------------------


                               Air Force: Extension of 2005 Project Authorizations
----------------------------------------------------------------------------------------------------------------
              State/Country                 Installation or  Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Arizona.................................  Davis-Monthan Air Force Base  Replace Family Housing (250   48,500,000
                                                                         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.
----------------------------------------------------------------------------------------------------------------


                          Army National Guard: Extension of 2005 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or  Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Dublin......................  Readiness Center, Add/Alt     11,318,000
                                                                         (ADRS).
----------------------------------------------------------------------------------------------------------------

          TITLE XXIX--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

SEC. 2901. MODIFICATION OF LONG-TERM LEASING AUTHORITY FOR MILITARY 
              FAMILY HOUSING.

    (a) Authority.--Section 2835 of title 10, United States Code, is 
amended by adding at the end the following new subsections:
    ``(i) Housing of Other Personnel.--(1) At any point in the lease 
term, to the extent that housing constructed and leased under this 
section is not required by military families, the Secretary of a 
military department may assign military members, without dependents, to 
such housing without rental charge to the member so assigned.
    ``(2) A member, without dependents, who is assigned to housing 
pursuant to this section shall be considered to be assigned to quarters 
pursuant to section 403(e) of title 37.
    ``(j) Conversion to Long-Term Leasing of Military Unaccompanied 
Housing.--(1) During the period of the lease term, if the Secretary 
concerned determines that the housing constructed and leased under this 
section is excess to the long-term needs of the Family Housing Program 
of the Department of Defense, the Secretary concerned may convert the 
lease to a long-term lease of military unaccompanied housing.
    ``(2) The term of the conversion to military unaccompanied housing 
under paragraph (1) may not exceed the remaining term of the existing 
long-term lease of family housing being converted.
    ``(k) Advance Notice of Intent To Convert.--The Secretary concerned 
may not convert the long-term family housing lease to unaccompanied 
housing under subsection (j) until--
            ``(1) the secretary concerned submits to the congressional 
        defense committees, in writing, a notice of the intent to 
        accomplish such conversion to unaccompanied housing, 
        including--
                    ``(A) a justification for the conversion;
                    ``(B) a description of the long-term lease to be 
                converted;
                    ``(C) the lease amount; and
                    ``(D) the lease expiration date; and
            ``(2) a period of 21 days has expired following the date on 
        which the justification is received by the committees or, if 
        over sooner, a period of 14 days has expired following the date 
        on which a copy of the justification is provided in an 
        electronic medium pursuant to section 480 of this title.
    ``(l) Section 801 Housing.--Subsections (i), (j), and (k) also 
shall apply to housing leased by a military department pursuant to 
authority contained in section 801 of the Military Construction 
Authorization Act, 1984 (Public Law 98-115; 97 Stat. 782).''.

SEC. 2902. UNSPECIFIED MINOR CONSTRUCTION.

    Section 2805 of title 10, United States Code, is amended--
            (1) In subsection (a)(1)--
                    (A) by striking ``$1,500,000'' and inserting 
                ``$2,500,000''; and
                    (B) by striking ``$3,000,000'' in the last sentence 
                and inserting ``$4,250,000'';
            (2) in subsection (b)(1), by striking ``$750,000'' and 
        inserting ``$1,000,000''; and
            (3) In subsection (c)(1)--
                    (A) in subparagraph (A), by striking ``$1,500,000'' 
                and inserting ``$2,000,000''; and
                    (B) in subparagraph (B), by striking ``$750,000'' 
                and inserting ``$1,000,000''.

SEC. 2903. FLEXIBILITY IN DETERMINING DOMESTIC FAMILY HOUSING LEASE 
              MAXIMUMS.

    Section 2828(b) of title 10, United States Code, is amended--
            (1) in paragraph (2), by striking ``paragraphs (3) and 
        (4)'' and inserting ``paragraphs (3), (4), and (7)''; and
            (2) by adding at the end the following new paragraph:
            ``(7) The Secretary of the Army may lease not more than 600 
        of the 10,000 family housing units provided in paragraph (1) at 
        an amount not greater than 33 percent above the maximum lease 
        amount under paragraph (3), as adjusted under paragraph (5) for 
        the fiscal year in which a unit is leased under this paragraph. 
        The maximum lease amount provided in this paragraph shall apply 
        only to Army family housing in areas designated by the 
        Secretary of the Army and for leases not to exceed a term of 2 
        years.''.

SEC. 2904. TRANSFER OF PROCEEDS FROM PROPERTY CONVEYANCE, MARINE CORPS 
              LOGISTICS BASE, ALBANY, GEORGIA.

    (a) Transfer Authorized.--The Secretary of Defense may transfer any 
proceeds from the sale of approximately 120.375 acres of improved land 
located at the former Boyett Village Family Housing Complex at the 
Marine Corps Logistics Base, Albany, Georgia, into the Department of 
Defense Family Housing Improvement Fund established under section 
2883(a) of title 10, United States Code, for carrying out activities 
under subchapter IV of chapter 169 of that title with respect to 
military family housing.
    (b) Notification Requirement.--A transfer of proceeds under 
subsection (a) may be made only after the end of the 30-day period 
beginning on the date the Secretary of Defense submits written notice 
of the transfer to the appropriate committees of Congress.

        Subtitle B--Real Property and Facilities Administration

SEC. 2911. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY.

    Section 2688 of title 10, United States Code, is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection (j):
    ``(j) Conveyance or Construction of Utility Infrastructure After 
Privatization of a Utility System.--(1) The Secretary of a military 
department may convey, using other than competitive procedures, utility 
infrastructure under the jurisdiction of the Secretary on a military 
installation to a utility or entity to which a utility system for the 
installation has been conveyed under subsection (a) if the Secretary 
determines the infrastructure will be part of the utility system and 
the military department receives as consideration an amount equal to 
the fair market value of the utility infrastructure determined in the 
same manner as the consideration the Secretary could require under 
subsection (c) for a conveyance under subsection (a). The conveyance 
may consist of all right, title, and interest of the United States or 
such lesser estate as the Secretary considers appropriate to serve the 
interests of the United States.
    ``(2) In lieu of carrying out a military construction project to 
construct, repair, or replace utility infrastructure to be used with a 
utility system that has been conveyed to a utility or entity under 
subsection (a), the Secretary concerned may provide funds authorized 
and appropriated for the project to such utility or entity for use by 
the utility or entity to construct, repair, or replace the utility 
infrastructure if the Secretary determines the infrastructure will be 
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 a conveyance under subsection (a).''.

SEC. 2912. REPEAL OF REQUIREMENT TO FOLLOW STATE LAW GOVERNING THE 
              PROVISION OF ELECTRIC UTILITY SERVICE.

    (a) In General.--Section 591 of title 40, United States Code, is 
repealed.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 5 of such title is amended by striking the item relating to 
section 591.

SEC. 2913. PERMANENT AUTHORITY TO PURCHASE MUNICIPAL SERVICES FOR 
              MILITARY INSTALLATIONS IN THE UNITED STATES.

    (a) Permanent Authority.--Chapter 141 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 2410q. Procurement of municipal services for military 
              installations in the United States
    ``(a) Authority.--(1) The Secretary of a Military Department may 
procure municipal services (to include public works and utility 
services) for any Military installation under the jurisdiction of the 
Secretary in the United States from a county or municipal government 
for the geographic area in which the installation is located.
    ``(2) The Secretary may acquire such services using procedures 
other than competitive procedures if the Secretary determines the price 
for such services is fair and reasonable and--
            ``(A) the business case supporting the determination--
                    ``(i) describes the availability, benefits, and 
                drawbacks of alternative sources; and
                    ``(ii) 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 and 
                represents the best value to the Federal Government; 
                and
            ``(B) at least 14 days prior to entering into a contract 
        with the county or municipal government, written notification 
        is provided to the congressional defense committees that 
        includes a summary of the business case and explains how the 
        adverse impact, if any, on the Federal workforce is being 
        minimized.
    ``(3) The determination described in subparagraph (A) shall not be 
delegated to a level lower than a Deputy Assistant Secretary for 
Installations and Environment or another official at an equivalent 
level.
    ``(b) Guidance.--The Secretary of Defense shall issue guidance to 
address the implementation 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:

``2410q. Procurement of municipal services for military installations 
                            in the United States.''.

SEC. 2914. CLARIFICATION OF CONGRESSIONAL REPORTING REQUIREMENTS FOR 
              CERTAIN REAL PROPERTY TRANSACTIONS OF THE MILITARY 
              DEPARTMENTS.

    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 the activities of the Department of Defense''.

                Subtitle C--Base Closure and Realignment

SEC. 2921. ANNUAL BASE CLOSURE AND REALIGNMENT REPORT.

    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), 
as amended, is amended--
            (1) in paragraph (1), by striking ``and realignment'' each 
        place it appears;
            (2) in paragraph (2), by striking ``and realignments'' each 
        place it appears; and
            (3) in paragraphs (3), (4), (5), (6), and (7), by striking 
        ``or realignment'' each place it appears.

                       Subtitle D--Other Matters

SEC. 2931. EXPAND COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF 
              CULTURAL RESOURCES TO INCLUDE OFF-INSTALLATION 
              MITIGATION.

    (a) Expanded Authority.--Section 2684(a) of title 10, United States 
Code, is amended to read as follows:
    ``(a) Authority.--(1) The Secretary of Defense or the secretary of 
a military department, to the extent permitted by the establishment 
clause, may enter into a cooperative agreement with a State, local or 
tribal government or other entity--
            ``(A) for the preservation, management, maintenance, and 
        improvement of cultural resources; and
            ``(B) for the conduct of research regarding cultural 
        resources.
    ``(2) Such cultural resources must be located--
            ``(A) on a military installation; or
            ``(B) off a military installation, but only if the 
        cooperative agreement directly relieves or eliminates current 
        or anticipated restrictions that would or might restrict, 
        impede, or otherwise interfere, whether directly or indirectly, 
        with current or anticipated military training, testing, or 
        operations on the installation.
    ``(3) Activities under the cooperative agreement shall be subject 
to the availability of funds to carry out the cooperative agreement.''.
    (b) Cultural Resources.--Subsection (c) of such section is amended 
by adding at the end the following new paragraph:
            ``(5) An Indian sacred site, as that term is defined in 
        section 1(b)(iii) of Executive Order 13007.''.
                                 <all>