    [Congressional Bills 110th Congress]
    [From the U.S. Government Publishing Office]
    [S. 3001 Engrossed Amendment House (EAH)]

                    In the House of Representatives, U. S.,

                                                        September 24, 2008.
        Resolved, That the bill from the Senate (S. 3001) entitled ``An Act
    to authorize appropriations for fiscal year 2009 for military
    activities of the Department of Defense, for military construction, and
    for defense activities of the Department of Energy, to prescribe
    military personnel strengths for such fiscal year, and for other
    purposes'', do pass with the following

                                   AMENDMENT:

                Strike out all after the enacting clause and insert:

    SECTION 1. SHORT TITLE; FINDINGS; SENSE OF CONGRESS.

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

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

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

    Sec. 1. Short title; findings; sense of Congress.
    Sec. 2. Organization of Act into divisions; table of contents.
    Sec. 3. Congressional defense committees.
    Sec. 4. Explanatory statement.

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                              TITLE I--PROCUREMENT

                  Subtitle A--Authorization of Appropriations

    Sec. 101. Army.
    Sec. 102. Navy and Marine Corps.
    Sec. 103. Air Force.
    Sec. 104. Defense-wide activities.
    Sec. 105. National Guard and Reserve equipment.

                           Subtitle B--Army Programs

    Sec. 111. Separate procurement line items for Future Combat Systems
                                program.
    Sec. 112. Clarification of status of Future Combat Systems program lead
                                system integrator.
    Sec. 113. Restriction on obligation of funds for Army tactical radio
                                pending report.
    Sec. 114. Restriction on obligation of procurement funds for Armed
                                Reconnaissance Helicopter program pending
                                certification.
    Sec. 115. Stryker Mobile Gun System.

                           Subtitle C--Navy Programs

    Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore
                                Roosevelt.
    Sec. 122. Littoral Combat Ship (LCS) program.
    Sec. 123. Report on F/A-18 procurement costs, comparing multiyear to
                                annual.
    Sec. 124. Authority for advanced procurement and construction of
                                components for the Virginia-class submarine
                                program.

                         Subtitle D--Air Force Programs

    Sec. 131. Maintenance of retired KC-135E aircraft.
    Sec. 132. Repeal of multi-year contract authority for procurement of
                                tanker aircraft.
    Sec. 133. Reports on KC-(X) tanker aircraft requirements.
    Sec. 134. F-22A fighter aircraft.

                   Subtitle E--Joint and Multiservice Matters

    Sec. 141. Annual long-term plan for the procurement of aircraft for the
                                Navy and the Air Force.
    Sec. 142. Report on body armor acquisition strategy.
    Sec. 143. Small arms acquisition strategy and requirements review.
    Sec. 144. Requirement for common ground stations and payloads for
                                manned and unmanned aerial vehicle systems.
    Sec. 145. Report on future jet carrier trainer requirements of the
                                Navy.

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

                  Subtitle A--Authorization of Appropriations

    Sec. 201. Authorization of appropriations.
    Sec. 202. Amount for defense science and technology.

        Subtitle B--Program Requirements, Restrictions, and Limitations

    Sec. 211. Additional determinations to be made as part of Future Combat
                                Systems milestone review.
    Sec. 212. Analysis of Future Combat Systems communications network and
                                software.
    Sec. 213. Future Combat Systems manned ground vehicle Selected
                                Acquisition Reports.
    Sec. 214. Separate procurement and research, development, test, and
                                evaluation line items and program elements
                                for Sky Warrior Unmanned Aerial Systems
                                project.
    Sec. 215. Restriction on obligation of funds for the Warfighter
                                Information Network-Tactical program.
    Sec. 216. Limitation on source of funds for certain Joint Cargo
                                Aircraft expenditures.
    Sec. 217. Requirement for plan on overhead nonimaging infrared systems.
    Sec. 218. Advanced energy storage technology and manufacturing.
    Sec. 219. Mechanisms to provide funds for defense laboratories for
                                research and development of technologies
                                for military missions.
    Sec. 220. Requirements for certain airborne intelligence collection
                                systems.
    Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ-36
                                radar system pending submission of report.

                      Subtitle C--Missile Defense Programs

    Sec. 231. Annual Director of Operational Test and Evaluation
                                characterization of operational
                                effectiveness, suitability, and
                                survivability of the ballistic missile
                                defense system.
    Sec. 232. Independent study of boost-phase missile defense.
    Sec. 233. Limitation on availability of funds for procurement,
                                construction, and deployment of missile
                                defenses in Europe.
    Sec. 234. Review of the ballistic missile defense policy and strategy
                                of the United States.
    Sec. 235. Airborne Laser System.
    Sec. 236. Activation and deployment of AN/TPY-2 forward-based X-band
                                radar.

                              Subtitle D--Reports

    Sec. 241. Biennial reports on joint and service concept development and
                                experimentation.
    Sec. 242. Report on participation of the historically black colleges
                                and universities and minority-serving
                                institutions in research and educational
                                programs and activities of the Department
                                of Defense.
    Sec. 243. Report on Department of Defense response to findings and
                                recommendations of the Defense Science
                                Board Task Force on Directed Energy
                                Weapons.

                           Subtitle E--Other Matters

    Sec. 251. Modification of systems subject to survivability testing
                                oversight by the Director of Operational
                                Test and evaluation.
    Sec. 252. Technology-neutral information technology guidelines and
                                standards to support fully interoperable
                                electronic personal health information for
                                the Department of Defense and Department of
                                Veterans Affairs.
    Sec. 253. Assessment of technology transition programs and repeal of
                                reporting requirement.
    Sec. 254. Trusted defense systems.
    Sec. 255. Capabilities-based assessment to outline a joint approach for
                                future development of vertical lift
                                aircraft and rotorcraft.
    Sec. 256. Executive agent for printed circuit board technology.
    Sec. 257. Review of conventional prompt global strike technology
                                applications and concepts.

                      TITLE III--OPERATION AND MAINTENANCE

                  Subtitle A--Authorization of Appropriations

    Sec. 301. Operation and maintenance funding.

                      Subtitle B--Environmental Provisions

    Sec. 311. Authorization for Department of Defense participation in
                                conservation banking programs.
    Sec. 312. Reimbursement of Environmental Protection Agency for certain
                                costs in connection with Moses Lake
                                Wellfield Superfund Site, Moses Lake,
                                Washington.
    Sec. 313. Expand cooperative agreement authority for management of
                                natural resources to include off-
                                installation mitigation.
    Sec. 314. Expedited use of appropriate technology related to unexploded
                                ordnance detection.
    Sec. 315. Closed loop re-refining of used motor vehicle lubricating
                                oil.
    Sec. 316. Comprehensive program for the eradication of the brown tree
                                snake population from military facilities
                                in Guam.

                     Subtitle C--Workplace and Depot Issues

    Sec. 321. Comprehensive analysis and development of single Government-
                                wide definition of inherently governmental
                                function and criteria for critical
                                functions.
    Sec. 322. Study on future depot capability.
    Sec. 323. Government Accountability Office review of high-performing
                                organizations.
    Sec. 324. Consolidation of Air Force and Air National Guard aircraft
                                maintenance.
    Sec. 325. Report on Air Force civilian personnel consolidation plan.
    Sec. 326. Report on reduction in number of firefighters on Air Force
                                bases.
    Sec. 327. Minimum capital investment for certain depots.

                          Subtitle D--Energy Security

    Sec. 331. Annual report on operational energy management and
                                implementation of operational energy
                                strategy.
    Sec. 332. Consideration of fuel logistics support requirements in
                                planning, requirements development, and
                                acquisition processes.
    Sec. 333. Study on solar and wind energy for use for expeditionary
                                forces.
    Sec. 334. Study on alternative and synthetic fuels.
    Sec. 335. Mitigation of power outage risks for Department of Defense
                                facilities and activities.

                              Subtitle E--Reports

    Sec. 341. Comptroller General report on readiness of Armed Forces.
    Sec. 342. Report on plan to enhance combat skills of Navy and Air Force
                                personnel.
    Sec. 343. Comptroller General report on the use of the Army Reserve and
                                National Guard as an operational reserve.
    Sec. 344. Comptroller General report on link between preparation and
                                use of Army reserve component forces to
                                support ongoing operations.
    Sec. 345. Comptroller General report on adequacy of funding, staffing,
                                and organization of Department of Defense
                                Military Munitions Response Program.

                           Subtitle F--Other Matters

    Sec. 351. Extension of Enterprise Transition Plan reporting
                                requirement.
    Sec. 352. Demilitarization of loaned, given, or exchanged documents,
                                historical artifacts, and condemned or
                                obsolete combat materiel.
    Sec. 353. Repeal of requirement that Secretary of Air Force provide
                                training and support to other military
                                departments for A-10 aircraft.
    Sec. 354. Display of annual budget requirements for Air Sovereignty
                                Alert Mission.
    Sec. 355. Revision of certain Air Force regulations required.
    Sec. 356. Transfer of C-12 aircraft to California Department of
                                Forestry and Fire Protection.
    Sec. 357. Limitation on treatment of retired B-52 aircraft for Air
                                Combat Command headquarters.
    Sec. 358. Increase of domestic breeding of military working dogs used
                                by the Department of Defense.

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                           Subtitle A--Active Forces

    Sec. 401. End strengths for active forces.
    Sec. 402. Revision in permanent active duty end strength minimum
                                levels.

                           Subtitle B--Reserve Forces

    Sec. 411. End strengths for Selected Reserve.
    Sec. 412. End strengths for Reserves on active duty in support of the
                                Reserves.
    Sec. 413. End strengths for military technicians (dual status).
    Sec. 414. Fiscal year 2009 limitation on number of non-dual status
                                technicians.
    Sec. 415. Maximum number of reserve personnel authorized to be on
                                active duty for operational support.
    Sec. 416. Additional waiver authority of limitation on number of
                                reserve component members authorized to be
                                on active duty.

                  Subtitle C--Authorization of Appropriations

    Sec. 421. Military personnel.

                       TITLE V--MILITARY PERSONNEL POLICY

                 Subtitle A--Officer Personnel Policy Generally

    Sec. 501. Mandatory separation requirements for regular warrant
                                officers for length of service.
    Sec. 502. Requirements for issuance of posthumous commissions and
                                warrants.
    Sec. 503. Authorized number of general officers on active duty in the
                                Army and Marine Corps, limited exclusion
                                for joint duty requirements, and increase
                                in number of officers serving in grades
                                above major general and rear admiral.
    Sec. 504. Modification of authority on Staff Judge Advocate to the
                                Commandant of the Marine Corps.
    Sec. 505. Eligibility of reserve officers to serve on boards of inquiry
                                for separation of regular officers for
                                substandard performance and other reasons.
    Sec. 506. Delayed authority to alter distribution requirements for
                                commissioned officers on active duty in
                                general officer and flag officer grades and
                                limitations on authorized strengths of
                                general and flag officers on active duty.

                    Subtitle B--Reserve Component Management

    Sec. 511. Extension to other reserve components of Army authority for
                                deferral of mandatory separation of
                                military technicians (dual status) until
                                age 60.
    Sec. 512. Modification of authorized strengths for certain Army
                                National Guard, Marine Corps Reserve, and
                                Air National Guard officers and Army
                                National Guard enlisted personnel serving
                                on full-time reserve component duty.
    Sec. 513. Clarification of authority to consider for a vacancy
                                promotion National Guard officers ordered
                                to active duty in support of a contingency
                                operation.
    Sec. 514. Increase in mandatory retirement age for certain Reserve
                                officers.
    Sec. 515. Age limit for retention of certain Reserve officers on
                                active-status list as exception to removal
                                for years of commissioned service.
    Sec. 516. Authority to retain Reserve chaplains and officers in medical
                                and related specialties until age 68.
    Sec. 517. Modification of authorities on dual duty status of National
                                Guard officers.
    Sec. 518. Study and report regarding Marine Corps personnel policies
                                regarding assignments in Individual Ready
                                Reserve.
    Sec. 519. Report on collection of information on civilian skills of
                                members of the reserve components of the
                                Armed Forces.

             Subtitle C--Joint Qualified Officers and Requirements

    Sec. 521. Joint duty requirements for promotion to general or flag
                                officer.
    Sec. 522. Technical, conforming, and clerical changes to joint
                                specialty terminology.
    Sec. 523. Promotion policy objectives for joint qualified officers.
    Sec. 524. Length of joint duty assignments.
    Sec. 525. Designation of general and flag officer positions on Joint
                                Staff as positions to be held only by
                                reserve component officers.
    Sec. 526. Modification of limitations on authorized strengths of
                                reserve general and flag officers in active
                                status serving in joint duty assignments.
    Sec. 527. Reports on joint education courses available through the
                                Department of Defense.

                    Subtitle D--General Service Authorities

    Sec. 531. Increase in maximum period of reenlistment of regular members
                                of the Armed Forces.
    Sec. 532. Paternity leave for members of the Armed Forces.
    Sec. 533. Pilot programs on career flexibility to enhance retention of
                                members of the Armed Forces.

                       Subtitle E--Education and Training

    Sec. 540. Authorized strength of military service academies and repeal
                                of prohibition on phased increase in
                                midshipmen and cadet strength limit at
                                Naval Academy and Air Force Academy.
    Sec. 541. Promotion of foreign and cultural exchange activities at
                                military service academies.
    Sec. 542. Increased authority to enroll defense industry employees in
                                defense product development program.
    Sec. 543. Expanded authority for institutions of professional military
                                education to award degrees.
    Sec. 544. Tuition for attendance of Federal employees at the United
                                States Air Force Institute of Technology.
    Sec. 545. Increase in number of permanent professors at the United
                                States Air Force Academy.
    Sec. 546. Requirement of completion of service under honorable
                                conditions for purposes of entitlement to
                                educational assistance for reserve
                                component members supporting contingency
                                operations.
    Sec. 547. Consistent education loan repayment authority for health
                                professionals in regular components and
                                Selected Reserve.
    Sec. 548. Increase in number of units of Junior Reserve Officers'
                                Training Corps.
    Sec. 549. Correction of erroneous Army College Fund benefit amounts.
    Sec. 550. Enhancing education partnerships to improve accessibility and
                                flexibility for members of the Armed
                                Forces.

                   Subtitle F--Defense Dependents' Education

    Sec. 551. Continuation of authority to assist local educational
                                agencies that benefit dependents of members
                                of the Armed Forces and Department of
                                Defense civilian employees.
    Sec. 552. Impact aid for children with severe disabilities.
    Sec. 553. Transition of military dependent students among local
                                educational agencies.
    Sec. 554. Calculation of payments for eligible federally connected
                                children under Department of Education's
                                Impact Aid program.

                          Subtitle G--Military Justice

    Sec. 561. Effective period of military protective orders.
    Sec. 562. Mandatory notification of issuance of military protective
                                order to civilian law enforcement.
    Sec. 563. Implementation of information database on sexual assault
                                incidents in the Armed Forces.

            Subtitle H--Decorations, Awards, and Honorary Promotions

    Sec. 571. Replacement of military decorations.
    Sec. 572. Authorization and request for award of Medal of Honor to
                                Richard L. Etchberger for acts of valor
                                during the Vietnam War.

                         Subtitle I--Military Families

    Sec. 581. Presentation of burial flag to the surviving spouse and
                                children of deceased members of the Armed
                                Forces.
    Sec. 582. Education and training opportunities for military spouses.
    Sec. 583. Sense of Congress regarding honor guard details for funerals
                                of veterans.

                           Subtitle J--Other Matters

    Sec. 591. Prohibition on interference in independent legal advice by
                                the Legal Counsel to the Chairman of the
                                Joint Chiefs of Staff.
    Sec. 592. Interest payments on certain claims arising from correction
                                of military records.
    Sec. 593. Extension of limitation on reductions of personnel of
                                agencies responsible for review and
                                correction of military records.
    Sec. 594. Modification of matching fund requirements under National
                                Guard Youth Challenge Program.
    Sec. 595. Military salute for the flag during the national anthem by
                                members of the Armed Forces not in uniform
                                and by veterans.
    Sec. 596. Military Leadership Diversity Commission.
    Sec. 597. Demonstration project on service of retired nurse corps
                                officers as faculty at civilian nursing
                                schools.
    Sec. 598. Report on planning for participation and hosting of the
                                Department of Defense in international
                                sports activities, competitions, and
                                events.

              TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                         Subtitle A--Pay and Allowances

    Sec. 601.  Fiscal year 2009 increase in military basic pay.
    Sec. 602. Permanent extension of prohibition on charges for meals
                                received at military treatment facilities
                                by members receiving continuous care.
    Sec. 603. Increase in maximum authorized payment or reimbursement
                                amount for temporary lodging expenses.
    Sec. 604. Availability of second family separation allowance for
                                married couples with dependents.
    Sec. 605. Extension of authority for income replacement payments for
                                reserve component members experiencing
                                extended and frequent mobilization for
                                active duty service.

               Subtitle B--Bonuses and Special and Incentive Pays

    Sec. 611. Extension of certain bonus and special pay authorities for
                                Reserve forces.
    Sec. 612. Extension of certain bonus and special pay authorities for
                                health care professionals.
    Sec. 613. Extension of special pay and bonus authorities for nuclear
                                officers.
    Sec. 614. Extension of authorities relating to payment of other title
                                37 bonuses and special pays.
    Sec. 615. Extension of authorities relating to payment of referral
                                bonuses.
    Sec. 616. Increase in maximum bonus and stipend amounts authorized
                                under Nurse Officer Candidate Accession
                                Program and health professions stipend
                                program.
    Sec. 617. Maximum length of nuclear officer incentive pay agreements
                                for service.
    Sec. 618. Technical changes regarding consolidation of special pay,
                                incentive pay, and bonus authorities of the
                                uniformed services.
    Sec. 619. Use of new skill incentive pay and proficiency bonus
                                authorities to encourage training in
                                critical foreign languages and foreign
                                cultural studies and authorization of
                                incentive pay for members of
                                precommissioning programs pursuing foreign
                                language proficiency.
    Sec. 620. Accession and retention bonuses for the recruitment and
                                retention of officers in certain health
                                professions.

                Subtitle C--Travel and Transportation Allowances

    Sec. 621. Special weight allowance for transportation of professional
                                books and equipment for spouses.
    Sec. 622. Shipment of family pets during evacuation of personnel.

                 Subtitle D--Retired Pay and Survivor Benefits

    Sec. 631. Extension to survivors of certain members who die on active
                                duty of special survivor indemnity
                                allowance for persons affected by required
                                Survivor Benefit Plan annuity offset for
                                dependency and indemnity compensation.
    Sec. 632. Correction of unintended reduction in survivor benefit plan
                                annuities due to phased elimination of two-
                                tier annuity computation and supplemental
                                annuity.

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

    Sec. 641. Use of commissary stores surcharges derived from temporary
                                commissary initiatives for reserve
                                component and retired members.
    Sec. 642. Enhanced enforcement of prohibition on sale or rental of
                                sexually explicit material on military
                                installations.

                           Subtitle F--Other Matters

    Sec. 651. Continuation of entitlement to bonuses and similar benefits
                                for members of the uniformed services who
                                die, are separated or retired for
                                disability, or meet other criteria.

             TITLE VII--HEALTH CARE AND WOUNDED WARRIOR PROVISIONS

                  Subtitle A--Improvements to Health Benefits

    Sec. 701. One-year extension of prohibition on increases in certain
                                health care costs for members of the
                                uniformed services.
    Sec. 702. Temporary prohibition on increase in copayments under retail
                                pharmacy system of pharmacy benefits
                                program.
    Sec. 703. Chiropractic health care for members on active duty.
    Sec. 704. Calculation of monthly premiums for coverage under TRICARE
                                Reserve Select after 2008.
    Sec. 705. Program for health care delivery at military installations
                                projected to grow.
    Sec. 706. Guidelines for combined medical facilities of the Department
                                of Defense and the Department of Veterans
                                Affairs.

                          Subtitle B--Preventive Care

    Sec. 711. Waiver of copayments for preventive services for certain
                                TRICARE beneficiaries.
    Sec. 712. Military health risk management demonstration project.
    Sec. 713. Smoking cessation program under TRICARE.
    Sec. 714. Preventive health allowance.
    Sec. 715. Additional authority for studies and demonstration projects
                                relating to delivery of health and medical
                                care.

                      Subtitle C--Wounded Warrior Matters

    Sec. 721. Center of excellence in prevention, diagnosis, mitigation,
                                treatment, and rehabilitation of hearing
                                loss and auditory system injuries.
    Sec. 722. Clarification to center of excellence relating to military
                                eye injuries.
    Sec. 723. Center of Excellence in the Mitigation, Treatment, and
                                Rehabilitation of Traumatic Extremity
                                Injuries and Amputations.
    Sec. 724. Additional responsibilities for the wounded warrior resource
                                center.
    Sec. 725.  Sense of Congress on research on traumatic brain injury.
    Sec. 726. Extension of Senior Oversight Committee with respect to
                                wounded warrior matters.
    Sec. 727. Modification of utilization of veterans' presumption of sound
                                condition in establishing eligibility of
                                members of the Armed Forces for retirement
                                for disability.

                           Subtitle D--Other Matters

    Sec. 731. Report on providing the Extended Care Health Option Program
                                to dependents of military retirees.
    Sec. 732.  Increase in cap on extended benefits under extended health
                                care option (ECHO).
    Sec. 733. Department of Defense task force on the prevention of suicide
                                by members of the Armed Forces.
    Sec. 734. Transitional health care for certain members of the Armed
                                Forces who agree to serve in the Selected
                                Reserve of the Ready Reserve.
    Sec. 735. Enhancement of medical and dental readiness of members of the
                                Armed Forces.

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

                 Subtitle A--Acquisition Policy and Management

    Sec. 801.  Assessment of urgent operational needs fulfillment.
    Sec. 802. Implementation of statutory requirements regarding the
                                national technology and industrial base.
    Sec. 803. Commercial software reuse preference.
    Sec. 804. Internal controls for procurements on behalf of the
                                Department of Defense by certain non-
                                defense agencies.

     Subtitle B--Provisions Relating to Major Defense Acquisition Programs

    Sec. 811. Inclusion of major subprograms to major defense acquisition
                                programs under acquisition reporting
                                requirements.
    Sec. 812. Inclusion of certain major information technology investments
                                in acquisition oversight authorities for
                                major automated information system
                                programs.
    Sec. 813. Transfer of sections of title 10 relating to Milestone A and
                                Milestone B for clarity.
    Sec. 814. Configuration steering boards for cost control under major
                                defense acquisition programs.
    Sec. 815. Preservation of tooling for major defense acquisition
                                programs.

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

    Sec. 821. Definition of system for Defense Acquisition Challenge
                                Program.
    Sec. 822. Technical data rights.
    Sec. 823. Revision to the application of Cost Accounting Standards.
    Sec. 824. Modification and extension of pilot program for transition to
                                follow-on contracts under authority to
                                carry out certain prototype projects.
    Sec. 825. Clarification of status of Government rights in the designs
                                of Department of Defense vessels, boats,
                                craft, and components thereof.

    Subtitle D--Provisions Relating to Acquisition Workforce and Inherently
                             Governmental Functions

    Sec. 831. Development of guidance on personal services contracts.
    Sec. 832. Sense of Congress on performance by private security
                                contractors of certain functions in an area
                                of combat operations.
    Sec. 833. Acquisition workforce expedited hiring authority.
    Sec. 834. Career path and other requirements for military personnel in
                                the acquisition field.

              Subtitle E--Department of Defense Contractor Matters

    Sec. 841. Ethics safeguards related to contractor conflicts of
                                interest.
    Sec. 842. Information for Department of Defense contractor employees on
                                their whistleblower rights.
    Sec. 843. Requirement for Department of Defense to adopt an acquisition
                                strategy for Defense Base Act insurance.
    Sec. 844. Report on use of off-shore subsidiaries by defense
                                contractors.
    Sec. 845. Defense industrial security.

              Subtitle F--Matters Relating to Iraq and Afghanistan

    Sec. 851. Clarification and modification of authorities relating to the
                                Commission on Wartime Contracting in Iraq
                                and Afghanistan.
    Sec. 852. Comprehensive audit of spare parts purchases and depot
                                overhaul and maintenance of equipment for
                                operations in Iraq and Afghanistan.
    Sec. 853. Additional matters required to be reported by contractors
                                performing security functions in areas of
                                combat operations.
    Sec. 854. Additional contractor requirements and responsibilities
                                relating to alleged crimes by or against
                                contractor personnel in Iraq and
                                Afghanistan.
    Sec. 855. Suspension of statutes of limitations when Congress
                                authorizes the use of military force.

              Subtitle G--Governmentwide Acquisition Improvements

    Sec. 861. Short title.
    Sec. 862. Limitation on length of certain noncompetitive contracts.
    Sec. 863. Requirements for purchase of property and services pursuant
                                to multiple award contracts.
    Sec. 864. Regulations on the use of cost-reimbursement contracts.
    Sec. 865. Preventing abuse of interagency contracts.
    Sec. 866. Limitations on tiering of subcontractors.
    Sec. 867. Linking of award and incentive fees to acquisition outcomes.
    Sec. 868. Minimizing abuse of commercial services item authority.
    Sec. 869. Acquisition workforce development strategic plan.
    Sec. 870. Contingency Contracting Corps.
    Sec. 871. Access of Government Accountability Office to contractor
                                employees.
    Sec. 872. Database for Federal agency contract and grant officers and
                                suspension and debarment officials.
    Sec. 873. Role of Interagency Committee on Debarment and Suspension.
    Sec. 874. Improvements to the Federal procurement data system.

                           Subtitle H--Other Matters

    Sec. 881. Expansion of authority to retain fees from licensing of
                                intellectual property.
    Sec. 882. Report on market research.
    Sec. 883. Report relating to munitions.
    Sec. 884. Motor carrier fuel surcharges.
    Sec. 885. Procurement by State and local governments of equipment for
                                homeland security and emergency response
                                activities through the Department of
                                Defense.
    Sec. 886. Review of impact of covered subsidies on acquisition of KC-45
                                aircraft.
    Sec. 887.  Report on the implementation of earned value management at
                                the Department of Defense.

          TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                  Subtitle A--Department of Defense Management

    Sec. 901. Plan required for personnel management of special operations
                                forces.
    Sec. 902. Director of Operational Energy Plans and Programs.
    Sec. 903. Corrosion control and prevention executives for the military
                                departments.
    Sec. 904. Participation of Deputy Chief Management Officer of the
                                Department of Defense on Defense Business
                                System Management Committee.
    Sec. 905. Modification of status of Assistant to the Secretary of
                                Defense for Nuclear and Chemical and
                                Biological Defense Programs.
    Sec. 906. Requirement for the Secretary of Defense to prepare a
                                strategic plan to enhance the role of the
                                National Guard and Reserves.
    Sec. 907. General Counsel to the Inspector General of the Department of
                                Defense.
    Sec. 908. Business transformation initiatives for the military
                                departments.

                          Subtitle B--Space Activities

    Sec. 911. Extension of authority for pilot program for provision of
                                space surveillance network services to
                                entities outside United States Government.
    Sec. 912. Investment and acquisition strategy for commercial satellite
                                capabilities.
    Sec. 913. Space posture review.

                 Subtitle C--Chemical Demilitarization Program

    Sec. 921. Responsibilities for Chemical Demilitarization Citizens'
                                Advisory Commissions in Colorado and
                                Kentucky.
    Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at
                                Pueblo Chemical Depot, Colorado.

                    Subtitle D--Intelligence-Related Matters

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

                           Subtitle E--Other Matters

    Sec. 941. Enhancement of authorities relating to Department of Defense
                                regional centers for security studies.
    Sec. 942. Restriction on obligation of funds for United States Southern
                                Command development assistance activities.
    Sec. 943. Authorization of non-conventional assisted recovery
                                capabilities.
    Sec. 944. Report on homeland defense and civil support issues.
    Sec. 945. Report on National Guard resource requirements.

                          TITLE X--GENERAL PROVISIONS

                         Subtitle A--Financial Matters

    Sec. 1001. General transfer authority.
    Sec. 1002. One-time shift of military retirement payments.
    Sec. 1003. Management of purchase cards.
    Sec. 1004. Codification of recurring authority on United States
                                contributions to the North Atlantic Treaty
                                Organization common-funded budgets.
    Sec. 1005. Incorporation of funding decisions into law.

              Subtitle B--Policy Relating to Vessels and Shipyards

    Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
    Sec. 1012. Report on repair of naval vessel in foreign shipyards.
    Sec. 1013. Report on plan for disposal of certain vessels stricken from
                                the Naval Vessel Register.
    Sec. 1014. Reimbursement of expenses for certain Navy mess operations.
    Sec. 1015. Policy relating to major combatant vessels of the strike
                                forces of the United States Navy.

                      Subtitle C--Counter-Drug Activities

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

             Subtitle D--Miscellaneous Authorities and Limitations

    Sec. 1031. Enhancement of the capacity of the United States Government
                                to conduct complex operations.
    Sec. 1032. Crediting of admiralty claim receipts for damage to property
                                funded from a Department of Defense working
                                capital fund.
    Sec. 1033. Minimum annual purchase requirements for charter air
                                transportation services from carriers
                                participating in the Civil Reserve Air
                                Fleet.
    Sec. 1034. Semi-annual reports on status of Navy Next Generation
                                Enterprise Networks program.
    Sec. 1035. Sense of Congress on nuclear weapons management.
    Sec. 1036.  Sense of Congress on joint Department of Defense-Federal
                                Aviation Administration executive committee
                                on conflict and dispute resolution.
    Sec. 1037.  Sense of Congress on sale of new outsize cargo, strategic
                                airlift aircraft for civilian use.

                        Subtitle E--Studies and Reports

    Sec. 1041. Report on corrosion control and prevention.
    Sec. 1042. Study on using Modular Airborne Fire Fighting Systems
                                (MAFFS) in a Federal response to wildfires.
    Sec. 1043. Study on rotorcraft survivability.
    Sec. 1044. Report on nuclear weapons.
    Sec. 1045. Report on compliance by Department of Defense with Guam tax
                                and licensing laws.
    Sec. 1046. Report on detention operations in Iraq.
    Sec. 1047. Review of bandwidth capacity requirements of the Department
                                of Defense and the intelligence community.
    Sec. 1048. Review of findings and recommendations applicable to the
                                Department of Defense regarding
                                electromagnetic pulse attack.

                           Subtitle F--Other Matters

    Sec. 1051. Additional information under annual submissions of
                                information regarding information
                                technology capital assets.
    Sec. 1052. Submission to Congress of revision to regulation on enemy
                                prisoners of war, retained personnel,
                                civilian internees, and other detainees.
    Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey.
    Sec. 1054. Standing advisory panel on improving coordination among the
                                Department of Defense, the Department of
                                State, and the United States Agency for
                                International Development on matters of
                                national security.
    Sec. 1055. Reports on strategic communication and public diplomacy
                                activities of the Federal Government.
    Sec. 1056. Prohibitions relating to propaganda.
    Sec. 1057. Sense of Congress on interrogation of detainees by
                                contractor personnel.
    Sec. 1058. Sense of Congress with respect to videotaping or otherwise
                                electronically recording strategic
                                intelligence interrogations of persons in
                                the custody of or under the effective
                                control of the Department of Defense.
    Sec. 1059. Modification of deadlines for standards required for entry
                                to military installations in the United
                                States.
    Sec. 1060. Extension of certain dates for Congressional Commission on
                                the Strategic Posture of the United States.
    Sec. 1061. Technical and clerical amendments.
    Sec. 1062.  Notification of Committees on Armed Services with respect
                                to certain nonproliferation and
                                proliferation activities.
    Sec. 1063. Assessment of security measures at consolidated center for
                                North American Aerospace Defense Command
                                and United States Northern Command.

                      TITLE XI--CIVILIAN PERSONNEL MATTERS

    Sec. 1101. Authority to waive annual limitation on premium pay and
                                aggregate limitation on pay for Federal
                                civilian   employees working overseas.
    Sec. 1102. Temporary discretionary authority to grant allowances,
                                benefits, and gratuities to personnel on
                                official duty in a combat zone.
    Sec. 1103. Election of insurance coverage by Federal civilian employees
                                deployed in support of a contingency
                                operation.
    Sec. 1104. Extension of authority to make lump-sum severance payments.
    Sec. 1105. Extension of voluntary reduction-in-force authority of
                                Department of Defense.
    Sec. 1106. Enhancement of authorities relating to additional positions
                                under the national security personnel
                                system.
    Sec. 1107. Expedited hiring authority for health care professionals.
    Sec. 1108. Direct hire authority at personnel demonstration
                                laboratories for certain candidates.
    Sec. 1109. Status reports relating to laboratory personnel
                                demonstration projects.
    Sec. 1110. Technical amendment relating to definition of professional
                                accounting position for purposes of
                                certification and credentialing standards.
    Sec. 1111. Exceptions and adjustments to limitations on personnel and
                                reports on such exceptions and adjustments.

                 TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                      Subtitle A--Assistance and Training

    Sec. 1201. Extension of authority to build the capacity of the Pakistan
                                Frontier Corps.
    Sec. 1202. Availability across fiscal years of funds for military-to-
                                military contacts and comparable
                                activities.
    Sec. 1203. Availability across fiscal years of funds to pay incremental
                                expenses for participation of developing
                                countries in combined exercises.
    Sec. 1204. Extension of temporary authority to use acquisition and
                                cross-servicing agreements to lend military
                                equipment for personnel protection and
                                survivability.
    Sec. 1205. Authority for distribution to certain foreign personnel of
                                education and training materials and
                                information technology to enhance military
                                interoperability with the Armed Forces.
    Sec. 1206. Modification and extension of authorities relating to
                                program to build the capacity of foreign
                                military forces.
    Sec. 1207. Extension of authority and increased funding for security
                                and stabilization assistance.
    Sec. 1208. Extension and expansion of authority for support of special
                                operations to combat terrorism.
    Sec. 1209. Increase in amount available for costs of education and
                                training of foreign military forces under
                                Regional Defense Combating Terrorism
                                Fellowship Program.

              Subtitle B--Matters Relating to Iraq and Afghanistan

    Sec. 1211. Limitation on availability of funds for certain purposes
                                relating to Iraq.
    Sec. 1212. Report on status of forces agreements between the United
                                States and Iraq.
    Sec. 1213. Strategy for United States-led Provincial Reconstruction
                                Teams in Iraq.
    Sec. 1214. Commanders' Emergency Response Program.
    Sec. 1215. Performance monitoring system for United States-led
                                Provincial Reconstruction Teams in
                                Afghanistan.
    Sec. 1216. Report on command and control structure for military forces
                                operating in Afghanistan.
    Sec. 1217. Reports on enhancing security and stability in the region
                                along the border of Afghanistan and
                                Pakistan.
    Sec. 1218. Study and report on Police Transition Teams to train,
                                assist, and advise units of the Iraqi
                                Police Service.

                           Subtitle C--Other Matters

    Sec. 1231. Payment of personnel expenses for multilateral cooperation
                                programs.
    Sec. 1232. Participation of the Department of Defense in multinational
                                military centers of excellence.
    Sec. 1233. Review of security risks of participation by defense
                                contractors in certain space activities of
                                the People's Republic of China.
    Sec. 1234. Report on Iran's capability to produce nuclear weapons.
    Sec. 1235. Employment for resettled Iraqis.
    Sec. 1236. Extension and modification of updates on report on claims
                                relating to the bombing of the Labelle
                                Discotheque.
    Sec. 1237. Report on utilization of certain global partnership
                                authorities.
    Sec. 1238. Modification and repeal of requirement to submit certain
                                annual reports to Congress regarding allied
                                contributions to the common defense.

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                                  SOVIET UNION

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

                        TITLE XIV--OTHER AUTHORIZATIONS

                         Subtitle A--Military Programs

    Sec. 1401. Working capital funds.
    Sec. 1402. National Defense Sealift Fund.
    Sec. 1403. Defense Health Program.
    Sec. 1404. Chemical agents and munitions destruction, defense.
    Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
    Sec. 1406. Defense Inspector General.
    Sec. 1407. National Defense Sealift Fund amendments.

                     Subtitle B--National Defense Stockpile

    Sec. 1411. Authorized uses of National Defense Stockpile funds.
    Sec. 1412. Revisions to previously authorized disposals from the
                                National Defense Stockpile.

                    Subtitle C--Armed Forces Retirement Home

    Sec. 1421. Authorization of appropriations for Armed Forces Retirement
                                Home.

      TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
                  IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

    Sec. 1501. Authorization of additional appropriations for operations in
                                Afghanistan and Iraq for fiscal year 2009.
    Sec. 1502. Requirement for separate display of budgets for Afghanistan
                                and Iraq.
    Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
    Sec. 1504. Science and technology investment strategy to defeat or
                                counter improvised explosive devices.
    Sec. 1505. Limitations on Iraq Security Forces Fund.
    Sec. 1506. Limitations on Afghanistan Security Forces Fund.
    Sec. 1507. Special transfer authority.
    Sec. 1508. Prohibition on use of United States funds for certain
                                facilities projects in Iraq and
                                contributions by the Government of Iraq to
                                combined operations and other activities in
                                Iraq.

        TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

                DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

    Sec. 2001. Short title.
    Sec. 2002. Expiration of authorizations and amounts required to be
                                specified by law.
    Sec. 2003. Effective date.

                                TITLE XXI--ARMY

    Sec. 2101. Authorized Army construction and land acquisition projects.
    Sec. 2102. Family housing.
    Sec. 2103. Improvements to military family housing units.
    Sec. 2104. Authorization of appropriations, Army.
    Sec. 2105. Modification of authority to carry out certain fiscal year
                                2008 projects.
    Sec. 2106. Modification of authority to carry out certain fiscal year
                                2007 projects.
    Sec. 2107. Extension of authorizations of certain fiscal year 2006
                                projects.
    Sec. 2108. Extension of authorization of certain fiscal year 2005
                                project.

                                TITLE XXII--NAVY

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

                             TITLE XXIII--AIR FORCE

    Sec. 2301. Authorized Air Force construction and land acquisition
                                projects.
    Sec. 2302. Family housing.
    Sec. 2303. Improvements to military family housing units.
    Sec. 2304. Authorization of appropriations, Air Force.
    Sec. 2305. Extension of authorizations of certain fiscal year 2006
                                projects.
    Sec. 2306. Extension of authorizations of certain fiscal year 2005
                                projects.

                          TITLE XXIV--DEFENSE AGENCIES

                   Subtitle A--Defense Agency Authorizations

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

              Subtitle B--Chemical Demilitarization Authorizations

    Sec. 2411. Authorized chemical demilitarization program construction
                                and land acquisition projects.
    Sec. 2412. Authorization of appropriations, chemical demilitarization
                                construction, defense-wide.
    Sec. 2413. Modification of authority to carry out certain fiscal year
                                1997 project.
    Sec. 2414. Modification of authority to carry out certain fiscal year
                                2000 project.

       TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
                                    PROGRAM

    Sec. 2501. Authorized NATO construction and land acquisition projects.
    Sec. 2502. Authorization of appropriations, NATO.

                TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

    Sec. 2601. Authorized Army National Guard construction and land
                                acquisition projects.
    Sec. 2602. Authorized Army Reserve construction and land acquisition
                                projects.
    Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
                                construction and land acquisition projects.
    Sec. 2604. Authorized Air National Guard construction and land
                                acquisition projects.
    Sec. 2605. Authorized Air Force Reserve construction and land
                                acquisition projects.
    Sec. 2606. Authorization of appropriations, National Guard and Reserve.
    Sec. 2607. Modification of authority to carry out certain fiscal year
                                2008 project.
    Sec. 2608. Extension of authorizations of certain fiscal year 2006
                                projects.
    Sec. 2609. Extension of Authorization of certain fiscal year 2005
                                project.

              TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                           Subtitle A--Authorizations

    Sec. 2701. Authorization of appropriations for base closure and
                                realignment activities funded through
                                Department of Defense Base Closure Account
                                1990.
    Sec. 2702. Authorized base closure and realignment activities funded
                                through Department of Defense Base Closure
                                Account 2005.
    Sec. 2703. Authorization of appropriations for base closure and
                                realignment activities funded through
                                Department of Defense Base Closure Account
                                2005.

            Subtitle B--Amendments to Base Closure and Related Laws

    Sec. 2711. Modification of annual base closure and realignment
                                reporting requirements.
    Sec. 2712. Technical corrections regarding authorized cost and scope of
                                work variations for military construction
                                and military family housing projects
                                related to base closures and realignments.

                           Subtitle C--Other Matters

    Sec. 2721. Independent design review of National Naval Medical Center
                                and military hospital at Fort Belvoir.
    Sec. 2722. Report on use of BRAC properties as sites for refineries or
                                nuclear power plants.

             TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

    Sec. 2801. Incorporation of principles of sustainable design in
                                documents submitted as part of proposed
                                military construction projects.
    Sec. 2802. Revision of maximum lease amount applicable to certain
                                domestic Army family housing leases to
                                reflect previously made annual adjustments
                                in amount.
    Sec. 2803. Use of military family housing constructed under build and
                                lease authority to house members without
                                dependents.
    Sec. 2804. Leasing of military family housing to Secretary of Defense.
    Sec. 2805. Improved oversight and accountability for military housing
                                privatization initiative projects.
    Sec. 2806. Authority to use operation and maintenance funds for
                                construction projects inside the United
                                States Central Command and United States
                                Africa Command areas of responsibility.
    Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family
                                Housing LLC.

            Subtitle B--Real Property and Facilities Administration

    Sec. 2811. Clarification of congressional reporting requirements for
                                certain real property transactions.
    Sec. 2812. Authority to lease non-excess property of military
                                departments and Defense Agencies.
    Sec. 2813. Modification of utility system conveyance authority.
    Sec. 2814. Defense access roads.
    Sec. 2815. Report on application of force protection and anti-terrorism
                                standards to gates and entry points on
                                military installations.

               Subtitle C--Provisions Related to Guam Realignment

    Sec. 2821. Sense of Congress regarding military housing and utilities
                                related to Guam realignment.
    Sec. 2822. Federal assistance to Guam.
    Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana
                                Islands for military base reuse studies and
                                community planning assistance.
    Sec. 2824. Support for realignment of military installations and
                                relocation of military personnel on Guam.

                          Subtitle D--Energy Security

    Sec. 2831. Certification of enhanced use leases for energy-related
                                projects.
    Sec. 2832. Annual report on Department of Defense installations energy
                                management.

                          Subtitle E--Land Conveyances

    Sec. 2841. Land conveyance, former Naval Air Station, Alameda,
                                California.
    Sec. 2842. Transfer of administrative jurisdiction, decommissioned
                                Naval Security Group Activity, Skaggs
                                Island, California.
    Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps
                                Logistics Base, Albany, Georgia.
    Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army
                                Reserve Center, Springfield, Ohio.
    Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee.
    Sec. 2846. Land conveyance, Army property, Camp Williams, Utah.
    Sec. 2847. Extension of Potomac Heritage National Scenic Trail through
                                Fort Belvoir, Virginia.

                           Subtitle F--Other Matters

    Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to
                                Arlington National Cemetery.
    Sec. 2852. Acceptance and use of gifts for construction of additional
                                building at National Museum of the United
                                States Air Force, Wright-Patterson Air
                                Force Base.
    Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval
                                Base, Hawaii.
    Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania.
    Sec. 2855. Naming of health facility, Fort Rucker, Alabama.

          TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

                     Subtitle A--Fiscal Year 2008 Projects

    Sec. 2901. Authorized Army construction and land acquisition projects.
    Sec. 2902. Authorized Navy construction and land acquisition projects.
    Sec. 2903. Authorized Air Force construction and land acquisition
                                projects.
    Sec. 2904. Authorized Defense Agencies construction and land
                                acquisition projects.
    Sec. 2905. Termination of authority to carry out fiscal year 2008 Army
                                projects.

                     Subtitle B--Fiscal Year 2009 Projects

    Sec. 2911. Authorized Army construction and land acquisition projects.
    Sec. 2912. Authorized Navy construction and land acquisition projects.

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

             Subtitle A--National Security Programs Authorizations

    Sec. 3101. National Nuclear Security Administration.
    Sec. 3102. Defense environmental cleanup.
    Sec. 3103. Other defense activities.
    Sec. 3104. Defense nuclear waste disposal.
    Sec. 3105. Energy security and assurance.

       Subtitle B--Program Authorizations, Restrictions, and Limitations

    Sec. 3111. Modification of functions of Administrator for Nuclear
                                Security to include elimination of surplus
                                fissile materials usable for nuclear
                                weapons.
    Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and
                                Metallurgy Research Replacement facility
                                project, Los Alamos National Laboratory,
                                Los Alamos, New Mexico.
    Sec. 3113. Nonproliferation and national security scholarship and
                                fellowship program.
    Sec. 3114. Enhancing nuclear forensics capabilities.
    Sec. 3115. Utilization of contributions to International Nuclear
                                Materials Protection and Cooperation
                                program and Russian plutonium disposition
                                program.
    Sec. 3116. Review of and reports on Global Initiatives for
                                Proliferation Prevention program.
    Sec. 3117. Limitation on availability of funds for Global Nuclear
                                Energy Partnership.

                              Subtitle C--Reports

    Sec. 3121. Extension of deadline for Comptroller General report on
                                Department of Energy protective force
                                management.
    Sec. 3122. Report on compliance with Design Basis Threat issued by the
                                Department of Energy in 2005.
    Sec. 3123. Modification of submittal of reports on inadvertent releases
                                of restricted data.

              TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

    Sec. 3201. Authorization.

                     TITLE XXXIV--NAVAL PETROLEUM RESERVES

    Sec. 3401. Authorization of appropriations.

                      TITLE XXXV--MARITIME ADMINISTRATION

    Sec. 3501. Authorization of appropriations for fiscal year 2009.
    Sec. 3502. Limitation on export of vessels owned by the Government of
                                the United States for the purpose of
                                dismantling, recycling, or scrapping.
    Sec. 3503. Student incentive payment agreements.
    Sec. 3504. Riding gang member requirements.
    Sec. 3505. Maintenance and Repair Reimbursement Program for the
                                Maritime Security Fleet.
    Sec. 3506. Temporary program authorizing contracts with adjunct
                                professors at the United States Merchant
                                Marine Academy and for other purposes.
    Sec. 3507. Actions to address sexual harassment and violence at the
                                United States Merchant Marine Academy.
    Sec. 3508. Assistance for small shipyards and maritime communities.
    Sec. 3509. Marine war risk insurance.
    Sec. 3510. MarAd consultation on Jones Act Waivers.
    Sec. 3511. Transportation in American vessels of government personnel
                                and certain cargoes.
    Sec. 3512. Port of Guam Improvement Enterprise Program.

    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.

    SEC. 4. EXPLANATORY STATEMENT.

        The explanatory statement regarding S. 3001, the National Defense
    Authorization Act for Fiscal Year 2009, as amended by the House of
    Representatives, printed in the House section of the Congressional
    Record on or about September 30, 2008, by the Chairman of the Committee
    on Armed Services of the House, shall have the same effect with respect
    to the implementation of this Act as if it were a joint explanatory
    statement of a committee of conference.

                              TITLE I--PROCUREMENT

                  Subtitle A--Authorization of Appropriations

    Sec. 101. Army.
    Sec. 102. Navy and Marine Corps.
    Sec. 103. Air Force.
    Sec. 104. Defense-wide activities.
    Sec. 105. National Guard and Reserve equipment.

                           Subtitle B--Army Programs

    Sec. 111. Separate procurement line items for Future Combat Systems
                                program.
    Sec. 112. Clarification of status of Future Combat Systems program lead
                                system integrator.
    Sec. 113. Restriction on obligation of funds for Army tactical radio
                                pending report.
    Sec. 114. Restriction on obligation of procurement funds for Armed
                                Reconnaissance Helicopter program pending
                                certification.
    Sec. 115. Stryker Mobile Gun System.

                           Subtitle C--Navy Programs

    Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore
                                Roosevelt.
    Sec. 122. Littoral Combat Ship (LCS) program.
    Sec. 123. Report on F/A-18 procurement costs, comparing multiyear to
                                annual.
    Sec. 124. Authority for advanced procurement and construction of
                                components for the Virginia-class submarine
                                program.

                         Subtitle D--Air Force Programs

    Sec. 131. Maintenance of retired KC-135E aircraft.
    Sec. 132. Repeal of multi-year contract authority for procurement of
                                tanker aircraft.
    Sec. 133. Reports on KC-(X) tanker aircraft requirements.
    Sec. 134. F-22A fighter aircraft.

                   Subtitle E--Joint and Multiservice Matters

    Sec. 141. Annual long-term plan for the procurement of aircraft for the
                                Navy and the Air Force.
    Sec. 142. Report on body armor acquisition strategy.
    Sec. 143. Small arms acquisition strategy and requirements review.
    Sec. 144. Requirement for common ground stations and payloads for
                                manned and unmanned aerial vehicle systems.
    Sec. 145. Report on future jet carrier trainer requirements of the
                                Navy.

                  Subtitle A--Authorization of Appropriations

    SEC. 101. ARMY.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for procurement for the Army as follows:
                (1) For aircraft, $4,848,835,000.
                (2) For missiles, $2,207,460,000.
                (3) For weapons and tracked combat vehicles,
            $3,516,398,000.
                (4) For ammunition, $2,280,791,000.
                (5) For other procurement, $11,143,076,000.
                (6) For the Joint Improvised Explosive Device Defeat Fund,
            $200,000,000.

    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, $14,557,874,000.
                (2) For weapons, including missiles and torpedoes,
            $3,553,282,000.
                (3) For shipbuilding and conversion, $14,057,022,000.
                (4) For other procurement, $5,463,565,000.
        (b) Marine Corps.--Funds are hereby authorized to be appropriated
    for fiscal year 2009 for procurement for the Marine Corps in the amount
    of $1,486,189,000.
        (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
    to be appropriated for fiscal year 2009 for procurement of ammunition
    for the Navy and the Marine Corps in the amount of $1,110,012,000.

    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, $12,826,858,000.
                (2) For ammunition, $894,478,000.
                (3) For missiles, $5,553,528,000.
                (4) For other procurement, $16,087,887,000.

    SEC. 104. DEFENSE-WIDE ACTIVITIES.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for Defense-wide procurement in the amount of $3,382,628,000.

    SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

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

                           Subtitle B--Army Programs

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

        Effective for the budget of the President submitted to Congress
    under section 1105(a) of title 31, United States Code, for fiscal year
    2011 and for each fiscal year thereafter, the Secretary of Defense
    shall ensure that a separate, dedicated procurement line item is
    designated for each of the following elements of the Future Combat
    Systems program (in this section referred to as ``FCS''), to the extent
    the budget includes funding for such elements:
                (1) FCS Manned Ground Vehicles.
                (2) FCS Unmanned Ground Vehicles.
                (3) FCS Unmanned Aerial Systems.
                (4) FCS Unattended Ground Systems.
                (5) Other FCS elements.

    SEC. 112. CLARIFICATION OF STATUS OF FUTURE COMBAT SYSTEMS PROGRAM LEAD
                  SYSTEM INTEGRATOR.

        Section 802 of the National Defense Authorization Act for Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 206; 10 U.S.C. 2410p note) is
    amended by adding at the end the following new subsection:
        ``(e) Status of Future Combat Systems Program Lead System
    Integrator.--
                ``(1) Lead systems integrator.--In the case of the Future
            Combat Systems program, the prime contractor of the program
            shall be considered to be a lead systems integrator until 45
            days after the Secretary of the Army certifies in writing to
            the congressional defense committees that such contractor is no
            longer serving as the lead systems integrator.
                ``(2) New contracts.--In applying subsection (a)(1) or
            (a)(2), any modification to the existing contract for the
            Future Combat Systems program, for the purpose of entering into
            full-rate production of major systems or subsystems, shall be
            considered a new contract.''.

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

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

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

        (a) Certification Required.--The Under Secretary of Defense for
    Acquisition, Technology, and Logistics shall certify to the
    congressional defense committees that the Armed Reconnaissance
    Helicopter has--
                (1) satisfactorily been certified under section 2433(e)(2)
            of title 10, United States Code;
                (2) been restructured as an acquisition program by the
            Army;
                (3) satisfactorily completed a Limited User Test; and
                (4) been approved to enter Milestone C.
        (b) Restriction on Obligation of Funds Pending Certification.--Of
    the amounts appropriated pursuant to an authorization of appropriations
    in this Act or otherwise made available for fiscal year 2009 for
    aircraft procurement, Army, for the Armed Reconnaissance Helicopter,
    not more than 20 percent may be obligated until 30 days after the
    certification required by subsection (a) is received by the
    congressional defense committees.

    SEC. 115. STRYKER MOBILE GUN SYSTEM.

        (a) Limitation On Availability Of Funds.--None of the amounts
    authorized to be appropriated by this Act for procurement of weapons
    and tracked combat vehicles for the Army may be obligated or expended
    for purposes of the procurement of the Stryker Mobile Gun System until
    the Under Secretary of Defense for Acquisition, Technology, and
    Logistics submits to the congressional defense committees a written
    certification that the Under Secretary has approved a plan for the Army
    to mitigate all Stryker Mobile Gun System deficiencies.
        (b) Reports Required.--Not later than 60 days after the date of the
    enactment of this Act, and every 180 days thereafter until December 31,
    2011, the Secretary of the Army, in consultation with the Director of
    Operational Test and Evaluation, shall submit to the congressional
    defense committees a report on the status of actions by the Army to
    mitigate all Stryker Mobile Gun System deficiencies. Each report shall
    include the following:
                (1) An explanation of the plan by the Army to mitigate all
            Stryker Mobile Gun System deficiencies.
                (2) The cost estimate for implementing each mitigating
            action, and the status of funding for each mitigating action.
                (3) An inventory of the Stryker Mobile Gun System vehicle
            fleet that specifies which mitigating actions have been
            implemented.
                (4) An updated production and fielding schedule for Stryker
            Mobile Gun System vehicles required by the Army but not yet
            fielded as of the date of the report.
        (c) Waiver Authority.--The Secretary of Defense may waive the
    limitation in subsection (a) if the Secretary--
                (1) determines that continued procurement of Stryker Mobile
            Gun System vehicles will provide a vital combat capability to
            the Armed Forces; and
                (2) submits to the congressional defense committees written
            notification of the waiver and a discussion of the reasons for
            the determination made under paragraph (1).
        (d) Stryker Mobile Gun System Deficiencies Defined.--In this
    section, the term ``Stryker Mobile Gun System deficiencies'' means
    deficiencies of the Stryker Mobile Gun System specified in the
    memorandum by the Department of Defense titled ``Stryker Mobile Gun
    System (MGS) Acquisition Decision Memorandum'' and dated August 5,
    2008.

                           Subtitle C--Navy Programs

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

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

    SEC. 122. LITTORAL COMBAT SHIP (LCS) PROGRAM.

        Section 124 of the National Defense Authorization Act for fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3157), as amended by section
    125 of the National Defense Authorization Act for Fiscal Year 2008
    (Public Law 110-181; 122 Stat. 29), is further amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by striking ``post-2007 LCS
                    vessels'' and inserting ``post-2009 LCS vessels''; and
                        (B) in paragraph (3)--
                                (i) in the paragraph heading, by striking
                            ``Post-2007 lcs vessels'' and inserting ``Post-
                            2009 lcs vessels''; and
                                (ii) by striking ```post-2007 LCS vessel'''
                            and inserting ```post-2009 LCS vessel''';
                (2) in subsection (b), by striking ``post-2007 LCS
            vessels'' and inserting ``post-2009 LCS vessels''; and
                (3) in subsection (c), by striking ``post-2007 LCS
            vessels'' and inserting ``post-2009 LCS vessels''.

    SEC. 123. REPORT ON F/A-18 PROCUREMENT COSTS, COMPARING MULTIYEAR TO
                  ANNUAL.

        (a) In General.--Not later than March 1, 2009, the Secretary of
    Defense shall submit to the congressional defense committees a report
    on F/A-18 procurement. The report shall include the following:
                (1) The number of F/A-18E/F and EA-18G aircraft programmed
            for procurement for fiscal years 2010 through 2015.
                (2) The estimated procurement costs for those aircraft, if
            procured through annual procurement contracts.
                (3) The estimated procurement costs for those aircraft, if
            procured through a multiyear procurement contract.
                (4) The estimated savings that could be derived from the
            procurement of those aircraft through a multiyear procurement
            contract, and whether the Secretary considers the amount of
            those savings to be substantial.
                (5) A discussion comparing the costs and benefits of
            obtaining those aircraft through annual procurement contracts
            with the costs and benefits of obtaining those aircraft through
            a multiyear procurement contract.
                (6) The recommendations of the Secretary regarding whether
            Congress should authorize a multiyear procurement contract for
            those aircraft.
        (b) Certifications Required.--If the Secretary recommends under
    subsection (a)(6) that Congress authorize a multiyear procurement
    contract for the aircraft, the Secretary shall include in the report
    under subsection (a) the certifications required by section 2306b of
    title 10, United States Code, to enable the award of a multiyear
    contract beginning with fiscal year 2010.

    SEC. 124. AUTHORITY FOR ADVANCED PROCUREMENT AND CONSTRUCTION OF
                  COMPONENTS FOR THE VIRGINIA-CLASS SUBMARINE PROGRAM.

        Section 121 of the National Defense Authorization Act for Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 26) is amended--
                (1) by redesignating subsection (b) as subsection (c); and
                (2) by inserting after subsection (a) the following new
            subsection (b):
        ``(b) Advance Procurement and Construction of Components.--The
    Secretary may enter into one or more contracts for advance procurement
    and advance construction of those components for the Virginia-class
    submarine program for which authorization to enter into a multiyear
    procurement contract is granted under subsection (a) if the Secretary
    determines that cost savings or construction efficiencies may be
    achieved for Virginia-class submarines through the use of such
    contracts.''.

                         Subtitle D--Air Force Programs

    SEC. 131. MAINTENANCE OF RETIRED KC-135E AIRCRAFT.

        Section 135(b) of the John Warner National Defense Authorization
    Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) is
    amended by striking ``each KC-135E aircraft that is retired'' and
    inserting ``at least 74 of the KC-135E aircraft retired''.

    SEC. 132. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY FOR PROCUREMENT OF
                  TANKER AIRCRAFT.

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

    SEC. 133. REPORTS ON KC-(X) TANKER AIRCRAFT REQUIREMENTS.

        (a) Report Required.--Not later than March 1, 2009, the Secretary
    of Defense shall submit to the congressional defense committees a
    report regarding the competition for the KC-(X) tanker aircraft that
    was terminated on September 10, 2008. The report shall include the
    following:
                (1) An examination of original requirements for the KC-(X)
            tanker aircraft, including an explanation for the use of the
            KC-135R tanker aircraft as the baseline for the KC-(X) tanker
            aircraft.
                (2) A summary of commercial derivative or commercial off-
            the-shelf aircraft available as potential aerial refueling
            platforms using aerial refueling capabilities (such as range,
            offload at range, and passenger and cargo capacity) in each of
            the following ranges:
                        (A) Maximum gross take-off weight that is less than
                    300,000 pounds.
                        (B) Maximum gross take-off weight in the range from
                    301,000 pounds maximum gross take-off weight to 550,000
                    pound maximum gross take-off weight.
                        (C) Maximum gross take-off weight in the range from
                    551,000 pounds maximum gross take-off weight to
                    1,000,000 pound maximum gross take-off weight.
                        (D) Maximum gross take-off weight that is greater
                    than 1,000,000 pounds.
        (b) Reassessment Required.--The Secretary of Defense shall reassess
    the requirements for aerial refueling that were validated by the Joint
    Requirements Oversight Council on December 27, 2006. Not later than 30
    days after the reassessment, the Secretary shall submit to the
    congressional defense committees a report containing the complete
    results of the reassessment.

    SEC. 134. F-22A FIGHTER AIRCRAFT.

        (a) Availability of Funds.--Subject to subsection (b), of the
    amount authorized to be appropriated for procurement of aircraft for
    the Air Force, $523,000,000 shall be available for advance procurement
    of F-22A fighter aircraft.
        (b) Restriction on Obligation of Funds Pending Certification.--Of
    the amounts appropriated pursuant to an authorization of appropriations
    in this Act or otherwise made available for fiscal year 2009 for
    advance procurement, Air Force, for the F-22A, not more than
    $140,000,000 may be obligated until 15 days after the certification
    required by subsection (c) is received by the congressional defense
    committees.
        (c) Certification.--
                (1) In general.--Of the amount referred to in subsection
            (a), $383,000,000 shall not be available until the President
            certifies to the congressional defense committees that--
                        (A) the procurement of F-22A fighter aircraft is in
                    the national interest of the United States; or
                        (B) the termination of the production line for F-
                    22A fighter aircraft is in the national interest of the
                    United States.
                (2) Date of submittal.--Any certification submitted under
            this subsection may not be submitted before January 21, 2009,
            and must be submitted not later than March 1, 2009.

                   Subtitle E--Joint and Multiservice Matters

    SEC. 141. ANNUAL LONG-TERM PLAN FOR THE PROCUREMENT OF AIRCRAFT FOR THE
                  NAVY AND THE AIR FORCE.

        (a) In General.--Chapter 9 of title 10, United States Code, is
    amended by inserting after section 231 the following new section:
    ``Sec. 231a. Budgeting for procurement of aircraft for the Navy and Air
                  Force: annual plan and certification
        ``(a) Annual Aircraft Procurement Plan and Certification.--The
    Secretary of Defense shall include with the defense budget materials
    for each fiscal year--
                ``(1) a plan for the procurement of the aircraft specified
            in subsection (b) for the Department of the Navy and the
            Department of the Air Force developed in accordance with this
            section; and
                ``(2) a certification by the Secretary that both the budget
            for such fiscal year and the future-years defense program
            submitted to Congress in relation to such budget under section
            221 of this title provide for funding of the procurement of
            aircraft at a level that is sufficient for the procurement of
            the aircraft provided for in the plan under paragraph (1) on
            the schedule provided in the plan.
        ``(b) Covered Aircraft.--The aircraft specified in this subsection
    are the aircraft as follows:
                ``(1) Fighter aircraft.
                ``(2) Attack aircraft.
                ``(3) Bomber aircraft.
                ``(4) Strategic lift aircraft.
                ``(5) Intratheater lift aircraft.
                ``(6) Intelligence, surveillance, and reconnaissance
            aircraft.
                ``(7) Tanker aircraft.
                ``(8) Any other major support aircraft designated by the
            Secretary of Defense for purposes of this section.
        ``(c) Annual Aircraft Procurement Plan.--(1) The annual aircraft
    procurement plan developed for a fiscal year for purposes of subsection
    (a)(1) should be designed so that the aviation force provided for under
    the plan is capable of supporting the national security strategy of the
    United States as set forth in the most recent national security
    strategy report of the President under section 108 of the National
    Security Act of 1947 (50 U.S.C. 404a), except that, if at the time the
    plan is submitted with the defense budget materials for that fiscal
    year, a national security strategy report required under such section
    108 has not been submitted to Congress as required by paragraph (2) or
    paragraph (3), if applicable, of subsection (a) of such section, then
    the plan should be designed so that the aviation force provided for
    under the plan is capable of supporting the aviation force structure
    recommended in the report of the most recent Quadrennial Defense
    Review.
        ``(2) Each annual aircraft procurement plan shall include the
    following:
                ``(A) A detailed program for the procurement of the
            aircraft specified in subsection (b) for each of the Department
            of the Navy and the Department of the Air Force over the next
            30 fiscal years.
                ``(B) A description of the necessary aviation force
            structure to meet the requirements of the national security
            strategy of the United States or the most recent Quadrennial
            Defense Review, whichever is applicable under paragraph (1).
                ``(C) The estimated levels of annual funding necessary to
            carry out the program, together with a discussion of the
            procurement strategies on which such estimated levels of annual
            funding are based.
                ``(D) An assessment by the Secretary of Defense of the
            extent to which the combined aircraft forces of the Department
            of the Navy and the Department of the Air Force meet the
            national security requirements of the United States.
        ``(d) Assessment When Aircraft Procurement Budget Is Insufficient
    To Meet Applicable Requirements.--If the budget for a fiscal year
    provides for funding of the procurement of aircraft for either the
    Department of the Navy or the Department of the Air Force at a level
    that is not sufficient to sustain the aviation force structure
    specified in the aircraft procurement plan for such Department for that
    fiscal year under subsection (a), the Secretary shall include with the
    defense budget materials for that fiscal year an assessment that
    describes and discusses the risks associated with the reduced force
    structure of aircraft that will result from funding aircraft
    procurement at such level. Such assessment shall be coordinated in
    advance with the commanders of the combatant commands.
        ``(e) Definitions.--In this section:
                ``(1) The term `budget', with respect to a fiscal year,
            means the budget for that fiscal year that is submitted to
            Congress by the President under section 1105(a) of title 31.
                ``(2) The term `defense budget materials', with respect to
            a fiscal year, means the materials submitted to Congress by the
            Secretary of Defense in support of the budget for that fiscal
            year.
                ``(3) The term `Quadrennial Defense Review' means the
            review of the defense programs and policies of the United
            States that is carried out every 4 years under section 118 of
            this title.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 9 of such title is amended by inserting after the item relating
    to section 231 the following new item:

    ``231a. Budgeting for procurement of aircraft for the Navy and Air
                                Force: annual plan and certification.''.

    SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY.

        Not later than 120 days after the date of the enactment of this
    Act, the Secretary of Defense shall submit to the congressional defense
    committees a report that provides--
                (1) a survey and assessment of the capabilities,
            capacities, and risks of the domestic industrial base of the
            United States, including critical subcontractor suppliers, in
            meeting the requirements of the military departments for body
            armor during the 20 years following the date of the report;
                (2) an assessment of the long-term maintenance requirements
            of the body armor industrial base in the United States;
                (3) an assessment of body armor and related research,
            development, and acquisition objectives, priorities, and
            funding profiles for--
                        (A) advances in the level of protection;
                        (B) weight reduction; and
                        (C) manufacturing productivity;
                (4) an assessment of the feasibility and advisability of
            establishing a separate, dedicated procurement line item for
            the acquisition of body armor and associated components for
            fiscal year 2011 and for each fiscal year thereafter;
                (5) an assessment of the feasibility and advisability of
            establishing an executive agent for the acquisition of body
            armor and associated components for the military departments
            beginning in fiscal year 2011; and
                (6) an assessment of existing initiatives used by the
            military departments to manage or execute body armor programs,
            including the Cross-Service Warfighter Equipment Board, the
            Joint Clothing and Textiles Governance Board, and advanced
            planning briefings for industry.

    SEC. 143. SMALL ARMS ACQUISITION STRATEGY AND REQUIREMENTS REVIEW.

        (a) Secretary of Defense Report.--Not later than 120 days after the
    date of the enactment of this Act, the Secretary of Defense shall
    submit to the congressional defense committees a report on the small
    arms requirements of the Armed Forces and the industrial base of the
    United States. The report shall include the following:
                (1) An assessment of Department of Defense-wide small arms
            requirements in terms of capabilities and quantities, based on
            an analysis of the small arms capability assessments of each
            military department.
                (2) An assessment of plans for small arms research,
            development, and acquisition programs to meet the requirements
            identified under paragraph (1).
                (3) An assessment of capabilities, capacities, and risks in
            the small arms industrial base of the United States to meet the
            requirements of the Department of Defense for pistols,
            carbines, rifles, and light, medium, and heavy machine guns
            during the 20 years following the date of the report.
                (4) An assessment of the costs, benefits, and risks of full
            and open competition for the procurement of non-developmental
            pistols and carbines that are not technically compatible with
            the M9 pistol or M4 carbine to meet the requirements identified
            under paragraph (1).
        (b) Competition for a New Individual Weapon.--
                (1) Competition required.--If the small arms capabilities
            based assessments by the Army identifies gaps in small arms
            capabilities and the Secretary of the Army determines that a
            new individual weapon is required to address such gaps, the
            Secretary shall procure the new individual weapon using full
            and open competition as described in paragraph (2).
                (2) Full and open competition.--The full and open
            competition described in this paragraph is competition among
            all responsible manufacturers that--
                        (A) is open to all developmental item solutions and
                    non-developmental item solutions; and
                        (B) provides for the award of a contract based on
                    selection criteria that reflect the key performance
                    parameters and attributes identified in a service
                    requirements document approved by the Army.
        (c) Small Arms Defined.--In this section, the term ``small arms''--
                (1) means man-portable or vehicle-mounted light weapons,
            designed primarily for use by individual military personnel for
            anti-personnel use; and
                (2) includes pistols, carbines, rifles, and light, medium,
            and heavy machine guns.

    SEC. 144. REQUIREMENT FOR COMMON GROUND STATIONS AND PAYLOADS FOR
                  MANNED AND UNMANNED AERIAL VEHICLE SYSTEMS.

        (a) Policy and Acquisition Strategy Required.--The Secretary of
    Defense, in consultation with the Chairman of the Joint Chiefs of
    Staff, shall establish a policy and an acquisition strategy for
    intelligence, surveillance, and reconnaissance payloads and ground
    stations for manned and unmanned aerial vehicle systems. The policy and
    acquisition strategy shall be applicable throughout the Department of
    Defense and shall achieve integrated research, development, test, and
    evaluation, and procurement commonality.
        (b) Objectives.--The policy and acquisition strategy required by
    subsection (a) shall have the following objectives:
                (1) Procurement of common payloads by vehicle class,
            including--
                        (A) signals intelligence;
                        (B) electro optical;
                        (C) synthetic aperture radar;
                        (D) ground moving target indicator;
                        (E) conventional explosive detection;
                        (F) foliage penetrating radar;
                        (G) laser designator;
                        (H) chemical, biological, radiological, nuclear,
                    explosive detection; and
                        (I) national airspace operations avionics or
                    sensors, or both.
                (2) Commonality of ground system architecture by vehicle
            class.
                (3) Common management of vehicle and payloads procurement.
                (4) Ground station interoperability standardization.
                (5) Maximum use of commercial standard hardware and
            interfaces.
                (6) Open architecture software.
                (7) Acquisition of technical data rights in accordance with
            section 2320 of title 10, United States Code.
                (8) Acquisition of vehicles, payloads, and ground stations
            through competitive procurement.
                (9) Common standards for exchange of data and metadata.
        (c) Affected Systems.--For the purposes of this section, the
    Secretary shall establish manned and unmanned aerial vehicle classes
    for all intelligence, surveillance, and reconnaissance programs of
    record based on factors such as vehicle weight, payload capacity, and
    mission.
        (d) Report.--Not later than 120 days after the date of the
    enactment of this Act, the Secretary shall submit to the congressional
    defense committees, the Permanent Select Committee on Intelligence of
    the House of Representatives, and the Select Committee on Intelligence
    of the Senate a report containing--
                (1) the policy required by subsection (a); and
                (2) the acquisition strategy required by subsection (a).

    SEC. 145. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS OF THE
                  NAVY.

        Not later than 120 days after the date of the enactment of this
    Act, the Secretary of the Navy shall submit to the congressional
    defense committees a report on future jet carrier trainer requirements.
    In addressing such requirements, the report shall include a plan based
    on the following:
                (1) Studies conducted by independent organizations
            concerning future jet carrier trainer requirements.
                (2) The results of a cost-benefit analysis comparing the
            creation of a new jet carrier trainer program with the
            modification of the current jet carrier trainer program in
            order to fulfill future jet carrier trainer requirements.

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

                  Subtitle A--Authorization of Appropriations

    Sec. 201. Authorization of appropriations.
    Sec. 202. Amount for defense science and technology.

        Subtitle B--Program Requirements, Restrictions, and Limitations

    Sec. 211. Additional determinations to be made as part of Future Combat
                                Systems milestone review.
    Sec. 212. Analysis of Future Combat Systems communications network and
                                software.
    Sec. 213. Future Combat Systems manned ground vehicle Selected
                                Acquisition Reports.
    Sec. 214. Separate procurement and research, development, test, and
                                evaluation line items and program elements
                                for Sky Warrior Unmanned Aerial Systems
                                project.
    Sec. 215. Restriction on obligation of funds for the Warfighter
                                Information Network-Tactical program.
    Sec. 216. Limitation on source of funds for certain Joint Cargo
                                Aircraft expenditures.
    Sec. 217. Requirement for plan on overhead nonimaging infrared systems.
    Sec. 218. Advanced energy storage technology and manufacturing.
    Sec. 219. Mechanisms to provide funds for defense laboratories for
                                research and development of technologies
                                for military missions.
    Sec. 220. Requirements for certain airborne intelligence collection
                                systems.
    Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ-36
                                radar system pending submission of report.

                      Subtitle C--Missile Defense Programs

    Sec. 231. Annual Director of Operational Test and Evaluation
                                characterization of operational
                                effectiveness, suitability, and
                                survivability of the ballistic missile
                                defense system.
    Sec. 232. Independent study of boost-phase missile defense.
    Sec. 233. Limitation on availability of funds for procurement,
                                construction, and deployment of missile
                                defenses in Europe.
    Sec. 234. Review of the ballistic missile defense policy and strategy
                                of the United States.
    Sec. 235. Airborne Laser System.
    Sec. 236. Activation and deployment of AN/TPY-2 forward-based X-band
                                radar.

                              Subtitle D--Reports

    Sec. 241. Biennial reports on joint and service concept development and
                                experimentation.
    Sec. 242. Report on participation of the historically black colleges
                                and universities and minority-serving
                                institutions in research and educational
                                programs and activities of the Department
                                of Defense.
    Sec. 243. Report on Department of Defense response to findings and
                                recommendations of the Defense Science
                                Board Task Force on Directed Energy
                                Weapons.

                           Subtitle E--Other Matters

    Sec. 251. Modification of systems subject to survivability testing
                                oversight by the Director of Operational
                                Test and evaluation.
    Sec. 252. Technology-neutral information technology guidelines and
                                standards to support fully interoperable
                                electronic personal health information for
                                the Department of Defense and Department of
                                Veterans Affairs.
    Sec. 253. Assessment of technology transition programs and repeal of
                                reporting requirement.
    Sec. 254. Trusted defense systems.
    Sec. 255. Capabilities-based assessment to outline a joint approach for
                                future development of vertical lift
                                aircraft and rotorcraft.
    Sec. 256. Executive agent for printed circuit board technology.
    Sec. 257. Review of conventional prompt global strike technology
                                applications and concepts.

                  Subtitle A--Authorization of Appropriations

    SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for the use of the Department of Defense for research, development,
    test, and evaluation as follows:
                (1) For the Army, $11,045,052,000.
                (2) For the Navy, $19,345,603,000.
                (3) For the Air Force, $26,289,508,000.
                (4) For Defense-wide activities, $21,131,501,000, of which
            $188,772,000 is authorized for the Director of Operational Test
            and Evaluation.

    SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

        (a) Fiscal Year 2009.--Of the amounts authorized to be appropriated
    by section 201, $11,799,660 shall be available for the Defense Science
    and Technology Program, including basic research, applied research, and
    advanced technology development projects.
        (b) Basic Research, Applied Research, and Advanced Technology
    Development Defined.--For purposes of this section, the term ``basic
    research, applied research, and advanced technology development'' means
    work funded in programs elements for defense research and development
    under Department of Defense budget activity 1, 2, or 3.

        Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

        (a) Report Required.--Not later than September 30, 2009, the
    Assistant Secretary of Defense for Networks and Information Integration
    shall submit to the congressional defense committees a report on the
    Future Combat Systems communications network and software. The report
    shall include the following:
                (1) An assessment of the vulnerability of the Future Combat
            Systems communications network and software to enemy network
            attack, in particular the effect of the use of significant
            amounts of commercial software in Future Combat Systems
            software.
                (2) An assessment of the vulnerability of the Future Combat
            Systems communications network to electronic warfare, jamming,
            and other potential enemy interference.
                (3) An assessment of the vulnerability of the Future Combat
            Systems communications network to adverse weather and complex
            terrain.
                (4) An assessment of the Future Combat Systems
            communication network's dependence on satellite communications
            support, and an assessment of the network's performance in the
            absence of assumed levels of satellite communications support.
                (5) An assessment of the performance of the Future Combat
            Systems communications network when operating in a degraded
            condition due to the factors analyzed in paragraphs (1), (2),
            (3), and (4), and how such a degraded network environment would
            affect the performance of Future Combat Systems brigades and
            the survivability of Future Combat Systems manned ground
            vehicles.
                (6) An assessment, developed in coordination with the
            Director of Operational Test and Evaluation, of the adequacy of
            the Future Combat Systems communications network testing
            schedule.
                (7) An assessment, developed in coordination with the
            Director of Operational Test and Evaluation, of the
            synchronization of the funding, schedule, and technology
            maturity of the Warfighter Information Network-Tactical and
            Joint Tactical Radio System programs in relation to the Future
            Combat Systems program, including any planned Future Combat
            Systems spin outs.
        (b) Form.--The report required by subsection (a) shall be submitted
    in unclassified form, but may include a classified annex.

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

        (a) Report Required.--Not later than February 15 of each of the
    years 2009 through 2015, the Secretary of the Army shall submit a
    Selected Acquisition Report under section 2432 of title 10, United
    States Code, to Congress for each Future Combat Systems manned ground
    vehicle variant.
        (b) Required Elements.--Each report required by subsection (a)
    shall include the same information required in comprehensive annual
    Selected Acquisition Reports under section 2432(c) of title 10, United
    States Code.
        (c) Definition.--In this section, the term ``manned ground vehicle
    variant'' means--
                (1) the eight distinct variants of manned ground vehicles
            designated on pages seven and eight of the Future Combat
            Systems Selected Acquisition Report of the Department of
            Defense dated December 31, 2007; and
                (2) any additional manned ground vehicle variants
            designated in Future Combat Systems Acquisition Reports of the
            Department of Defense after the date of the enactment of this
            Act.

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

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

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

        (a) Notification Required.--Not later than five days after the
    completion of all actions described in subsection (b), the Under
    Secretary of Defense for Acquisition, Technology, and Logistics shall
    submit to the congressional defense committees notice in writing of
    such completion.
        (b) Covered Actions.--An action described in this subsection is any
    of the following:
                (1) Approval by the Under Secretary of a new acquisition
            program baseline for the Warfighter Information Network-
            Tactical Increment 3 program (in this section referred to as
            the ``WIN-T Increment 3 program'').
                (2) Completion of the independent cost estimate for the
            WIN-T Increment 3 program by the Cost Analysis Improvement
            Group, as required by the June 5, 2007, recertification by the
            Under Secretary.
                (3) Completion of the technology readiness assessment of
            the WIN-T Increment 3 program by the Director, Defense Research
            and Engineering, as required by the June 5, 2007,
            recertification by the Under Secretary.
        (c) Restriction on Obligation of Funds Pending Notification.--Of
    the amounts appropriated pursuant to an authorization of appropriations
    in this Act or otherwise made available for research, development,
    test, and evaluation, Army, for fiscal year 2009 for the WIN-T
    Increment 3 program, not more than 50 percent of those amounts may be
    obligated or expended until 15 days after the date on which the
    notification required by subsection (a) is received by the
    congressional defense committees.

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

        (a) Limitation.--Of the amounts appropriated pursuant to an
    authorization of appropriations in this Act or otherwise made available
    for fiscal year 2009 or any fiscal year thereafter for the Army or the
    Air Force, the Secretary of the Army and the Secretary of the Air Force
    may fund relevant expenditures for the Joint Cargo Aircraft only
    through amounts made available for procurement or for research,
    development, test, and evaluation.
        (b) Relevant Expenditures for the Joint Cargo Aircraft Defined.--In
    this section, the term ``relevant expenditures for the Joint Cargo
    Aircraft'' means expenditures relating to--
                (1) support equipment;
                (2) initial spares;
                (3) training simulators;
                (4) systems engineering and management; and
                (5) post-production modifications.

    SEC. 217. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING INFRARED SYSTEMS.

        (a) In General.--The Secretary of Defense, in consultation with the
    Director of National Intelligence, shall develop a comprehensive plan
    to conduct and support research, development, and demonstration of
    technologies that could evolve into the next generation of overhead
    nonimaging infrared systems.
        (b) Elements.--The plan required by subsection (a) shall include
    the following:
                (1) The research objectives to be achieved under the plan.
                (2) A description of the research, development, and
            demonstration activities under the plan.
                (3) An estimate of the duration of the research,
            development, and demonstration of technologies under the plan.
                (4) The cost and duration of any flight or on-orbit
            demonstrations of the technologies being developed.
                (5) A plan for implementing any acquisition programs with
            respect to technologies determined to be successful under the
            plan.
                (6) An identification of the date by which a decision must
            be made to begin any follow-on programs and a justification for
            the date identified.
                (7) A schedule for completion of a full analysis of the on-
            orbit performance characteristics of the Space-Based Infrared
            System and the Space Tracking and Surveillance System, and an
            assessment of how the performance characteristics of such
            systems will inform the decision to proceed to a next
            generation overhead nonimaging infrared system.
        (c) Limitation on Obligation and Expenditure of Funds for Third
    Generation Infrared Surveillance Program.--Not more than 50 percent of
    the amounts authorized to be appropriated for fiscal year 2009 by
    section 201(3) for research, development, test, and evaluation for the
    Air Force and available for the Third Generation Infrared Surveillance
    program may be obligated or expended until the date that is 30 days
    after the date on which the Secretary submits to Congress the plan
    required by subsection (a).

    SEC. 218. ADVANCED ENERGY STORAGE TECHNOLOGY AND MANUFACTURING.

        (a) Roadmap Required.--The Secretary of Defense, acting through the
    Director of Defense Research and Engineering, the Deputy Under
    Secretary of Defense for Industrial Policy, and service acquisition
    executives, shall, in coordination with the Secretary of Energy,
    develop a multi-year roadmap to develop advanced energy storage
    technologies and sustain domestic advanced energy storage technology
    manufacturing capabilities and an assured supply chain necessary to
    ensure that the Department of Defense has assured access to advanced
    energy storage technologies to support current military requirements
    and emerging military needs.
        (b) Elements.--The roadmap required by subsection (a) shall
    include, but not be limited to, the following:
                (1) An identification of current and future capability
            gaps, performance enhancements, cost savings goals, and assured
            technology access goals that require advances in energy storage
            technology and manufacturing capabilities.
                (2) Specific research, technology, and manufacturing goals
            and milestones, and timelines and estimates of funding
            necessary for achieving such goals and milestones.
                (3) A summary of applications for energy storage
            technologies by the Department of Defense and, for each type of
            application, an assessment of the demand for such technologies,
            in terms of quantity and military need.
                (4) Specific mechanisms for coordinating the activities of
            Federal agencies, State and local governments, coalition
            partners, private industry, and academia covered by the
            roadmap.
                (5) Such other matters as the Secretary of Defense and the
            Secretary of Energy consider appropriate for purposes of the
            roadmap.
        (c) Coordination.--
                (1) In general.--The roadmap required by subsection (a)
            shall be developed in coordination with the military
            departments, appropriate Defense Agencies and other elements
            and organizations of the Department of Defense, other
            appropriate Federal, State, and local government organizations,
            and appropriate representatives of private industry and
            academia.
                (2) Department of defense support.--The Secretary of
            Defense shall ensure that appropriate elements and
            organizations of the Department of Defense provide such
            information and other support as is required for the
            development of the roadmap.
        (d) Submittal to Congress.--The Secretary of Defense shall submit
    to the congressional defense committees the roadmap required by
    subsection (a) not later than one year after the date of the enactment
    of this Act.
        (e) Advanced Energy Storage Technology Initiative Investment
    Summary.--Not later than 6 months after the date of enactment of this
    Act, the Secretary of Defense shall submit to the congressional defense
    committees a report on the expenditures for energy storage technologies
    within the Department of Defense, Defense Agencies, and military
    departments, for fiscal years 2008 and 2009 and the projected
    expenditures for such technologies for fiscal year 2010.

    SEC. 219. MECHANISMS TO PROVIDE FUNDS FOR DEFENSE LABORATORIES FOR
                  RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY
                  MISSIONS.

        (a) Mechanisms to Provide Funds.--
                (1) In general.--The Secretary of Defense, in consultation
            with the Secretaries of the military departments, shall
            establish mechanisms under which the director of a defense
            laboratory may use an amount of funds equal to not more than
            three percent of all funds available to the defense laboratory
            for the following purposes:
                        (A) To fund innovative basic and applied research
                    that is conducted at the defense laboratory and
                    supports military missions.
                        (B) To fund development programs that support the
                    transition of technologies developed by the defense
                    laboratory into operational use.
                        (C) To fund workforce development activities that
                    improve the capacity of the defense laboratory to
                    recruit and retain personnel with needed scientific and
                    engineering expertise.
                (2) Consultation required.--The mechanisms established
            under paragraph (1) shall provide that funding shall be used
            under paragraph (1) at the discretion of the director of a
            defense laboratory in consultation with the science and
            technology executive of the military department concerned.
        (b) Annual Report on Use of Authority.--
                (1) In general.--Not later than March 1 of each year, the
            Secretary of Defense shall submit to the congressional defense
            committees a report on the use of the authority under
            subsection (a) during the preceding year.
                (2) Elements.--Each report under paragraph (1) shall
            include, with respect to the year covered by such report, the
            following:
                        (A) A description of the mechanisms used to provide
                    funding under subsection (a)(1).
                        (B) A statement of the amount of funding made
                    available to each defense laboratory for research
                    described under such subsection.
                        (C) A description of the investments made by each
                    defense laboratory using funds under such subsection.
                        (D) A description and assessment of any
                    improvements in the performance of the defense
                    laboratories as a result of investments under such
                    subsection.
                        (E) A description and assessment of the
                    contributions to the development of needed military
                    capabilities provided by research using funds under
                    such subsection.
                        (F) A description of any modification to the
                    mechanisms under subsection (a) that would improve the
                    efficacy of the authority under such subsection to
                    support military missions.
        (c) Sunset.--The authority under subsection (a) shall expire on
    October 1, 2013.

    SEC. 220. REQUIREMENTS FOR CERTAIN AIRBORNE INTELLIGENCE COLLECTION
                  SYSTEMS.

        (a) In General.--Except as provided pursuant to subsection (b),
    effective as of October 1, 2012, each airborne intelligence collection
    system of the Department of Defense that is connected to the
    Distributed Common Ground/Surface System shall have the capability to
    operate with the Network-Centric Collaborative Targeting System.
        (b) Exceptions.--The requirement in subsection (a) with respect to
    a particular airborne intelligence collection system may be waived by
    the Chairman of the Joint Requirements Oversight Council under section
    181 of title 10, United States Code. Waivers under this subsection
    shall be made on a case-by-case basis.

    SEC. 221. LIMITATION ON OBLIGATION OF FUNDS FOR ENHANCED AN/TPQ-36
                  RADAR SYSTEM PENDING SUBMISSION OF REPORT.

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

                      Subtitle C--Missile Defense Programs

    SEC. 231. ANNUAL DIRECTOR OF OPERATIONAL TEST AND EVALUATION
                  CHARACTERIZATION OF OPERATIONAL EFFECTIVENESS,
                  SUITABILITY, AND SURVIVABILITY OF THE BALLISTIC MISSILE
                  DEFENSE SYSTEM.

        (a) Annual Characterization.--Section 232(h) of the National
    Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is
    amended--
                (1) by redesignating paragraph (2) as paragraph (3);
                (2) by inserting after paragraph (1) the following new
            paragraph (2):
        ``(2) The Director of Operational Test and Evaluation shall also
    each year characterize the operational effectiveness, suitability, and
    survivability of the ballistic missile defense system, and its
    elements, that have been fielded or tested before the end of the
    preceding fiscal year.''; and
                (3) in paragraph (3), as redesignated by paragraph (1) of
            this subsection, by inserting ``and the characterization under
            paragraph (2)'' after ``the assessment under paragraph (1)''.
        (b) Conforming Amendment.--The heading of such section is amended
    to read as follows: ``Annual OT&E Assessment and Characterization of
    Certain Ballistic Missile Defense Matters.--''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2008, and shall apply with respect to fiscal years
    beginning on or after that date.

    SEC. 232. INDEPENDENT STUDY OF BOOST-PHASE MISSILE DEFENSE.

        (a) Study.--Not later than 90 days after the date of the enactment
    of this Act, the Secretary of Defense shall enter into an agreement
    with the National Academy of Sciences to conduct an independent study
    of concepts and systems for boost-phase missile defense.
        (b) Elements.--
                (1) Content.--The study required by subsection (a) shall
            address the following:
                        (A) The extent to which boost-phase missile defense
                    is technically feasible and practical.
                        (B) Whether any demonstration efforts by the
                    Department of Defense of boost-phase missile defense
                    technology existing as of the date of the study
                    (including the Airborne Laser and the Kinetic Energy
                    Interceptor) have a high probability of performing a
                    boost-phase missile defense mission in an operationally
                    effective, suitable, and survivable manner.
                (2) Systems to be examined.--The study required by
            subsection (a) shall examine each of the following systems:
                        (A) The Airborne Laser.
                        (B) The Kinetic Energy Interceptor (land-based and
                    sea-based options).
                        (C) Other existing boost-phase technology
                    demonstration programs.
                (3) Factors to be evaluated.--The study shall evaluate each
            system identified in paragraph (2) based on the following
            factors:
                        (A) Technical capability of the system against
                    scenarios identified in paragraph (4).
                        (B) Operational issues, including operational
                    effectiveness.
                        (C) The results of key milestone tests conducted
                    prior to preparation of the report under subsection
                    (c).
                        (D) Survivability.
                        (E) Suitability.
                        (F) Concept of operations, including basing
                    considerations.
                        (G) Operations and maintenance support.
                        (H) Command and control considerations, including
                    timelines for detection, decision-making, and
                    engagement.
                        (I) Shortfall from intercepts.
                        (J) Force structure requirements.
                        (K) Effectiveness against countermeasures.
                        (L) Estimated cost of sustaining the system in the
                    field.
                        (M) Reliability, availability, and maintainability.
                        (N) Geographic considerations, including
                    limitations on the ability to deploy systems within
                    operational range of potential targets.
                        (O) Cost and cost-effectiveness, including total
                    lifecycle cost estimates.
                (4) Scenarios to be assessed.--The study shall include an
            assessment of each system identified in paragraph (2) regarding
            the performance and operational capabilities of the system--
                        (A) to counter short-range, medium-range, and
                    intermediate-range ballistic missile threats from rogue
                    states to the deployed forces of the United States and
                    its allies; and
                        (B) to defend the territory of the United States
                    against limited ballistic missile attack.
                (5) Comparison with non-boost systems.--The study shall
            include an assessment of the performance and operational
            capabilities of non-boost missile defense systems to counter
            the scenarios identified in paragraph (4). The results under
            this paragraph shall be compared to the results under paragraph
            (4). For purposes of this paragraph, non-boost missile defense
            systems include--
                        (A) the Patriot PAC-3 system and the Medium
                    Extended Air Defense System follow-on system;
                        (B) the Aegis Ballistic Missile Defense system,
                    with all variants of the Standard Missile-3
                    interceptor;
                        (C) the Terminal High Altitude Area Defense system;
                    and
                        (D) the Ground-based Midcourse Defense system.
        (c) Report.--
                (1) In general.--Upon the completion of the study required
            by subsection (a), but not later than October 31, 2010, the
            National Academy of Sciences shall submit to the Secretary of
            Defense and the congressional defense committees a report on
            the study. The report shall include such recommendations
            regarding the future direction of the boost-phase ballistic
            missile defense programs of the United States as the Academy
            considers appropriate.
                (2) Form.--The report under paragraph (1) shall be
            submitted to the congressional defense committees in
            unclassified form, but may include a classified annex.
        (d) Funding.--Of the funds appropriated pursuant to the
    authorization of appropriations in section 201(4) for research,
    development, test, and evaluation, Defense-wide, and available for the
    Missile Defense Agency, $3,500,000 may be available to conduct the
    study required by subsection (a).
        (e) Cooperation From Government.--In carrying out the study, the
    National Academy of Sciences shall receive the full and timely
    cooperation of the Secretary of Defense and any other Federal
    Government official in providing the Academy with analyses, briefings,
    and other information necessary for the fulfillment of its
    responsibilities.

    SEC. 233. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT,
                  CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN
                  EUROPE.

        (a) General Limitation.--No funds authorized to be appropriated by
    this Act or otherwise made available for the Department of Defense for
    fiscal year 2009 or any fiscal year thereafter may be obligated or
    expended for procurement, site activation, construction, preparation of
    equipment for, or deployment of a long-range missile defense system in
    Europe until the following conditions have been met:
                (1) In the case of the proposed midcourse radar element of
            such missile defense system, the host nation has signed and
            ratified the missile defense basing agreement and status of
            forces agreement that allow for the stationing in such nation
            of the radar and personnel to carry out the proposed
            deployment.
                (2) In the case of the proposed long-range missile defense
            interceptor site element of such missile defense system--
                        (A) the condition in paragraph (1) has been met;
                    and
                        (B) the host nation has signed and ratified the
                    missile defense basing agreement and status of forces
                    agreement that allow for the stationing in such nation
                    of the interceptor site and personnel to carry out the
                    proposed deployment.
                (3) In the case of either element of such missile defense
            system described in paragraph (1) or (2), 45 days have elapsed
            following the receipt by the congressional defense committees
            of the report required by section 226(c)(6) of the National
            Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
            181; 122 Stat. 42).
        (b) Additional Limitation.--In addition to the limitation in
    subsection (a), no funds authorized to be appropriated by this Act or
    otherwise made available for the Department of Defense for fiscal year
    2009 may be obligated or expended for the acquisition (other than
    initial long-lead procurement) or deployment of operational missiles of
    a long-range missile defense system in Europe until the Secretary of
    Defense, after receiving the views of the Director of Operational Test
    and Evaluation, submits to the congressional defense committees a
    report certifying that the proposed interceptor to be deployed as part
    of such missile defense system has demonstrated, through successful,
    operationally realistic flight testing, a high probability of working
    in an operationally effective manner and the ability to accomplish the
    mission.
        (c) Construction.--Nothing in this section shall be construed to
    limit continuing obligation and expenditure of funds for missile
    defense, including for research and development and for other
    activities not otherwise limited by subsection (a) or (b), including,
    but not limited to, site surveys, studies, analysis, and planning and
    design for the proposed missile defense deployment in Europe.

    SEC. 234. REVIEW OF THE BALLISTIC MISSILE DEFENSE POLICY AND STRATEGY
                  OF THE UNITED STATES.

        (a) Review Required.--The Secretary of Defense shall conduct a
    review of the ballistic missile defense policy and strategy of the
    United States.
        (b) Elements.--The matters addressed by the review required by
    subsection (a) shall include the following:
                (1) The ballistic missile defense policy of the United
            States in relation to the overall national security policy of
            the United States.
                (2) The ballistic missile defense strategy and objectives
            of the United States in relation to the national security
            strategy of the United States and the military strategy of the
            United States.
                (3) The ballistic missile threat to the United States,
            deployed forces of the United States, and friends and allies of
            the United States from short, medium, intermediate, and long-
            range ballistic missile threats.
                (4) The organization, discharge, and oversight of
            acquisition for the ballistic missile defense programs of the
            United States.
                (5) The roles and responsibilities of the Office of the
            Secretary of Defense, defense agencies, combatant commands, the
            Joint Chiefs of Staff, and the military departments in such
            programs.
                (6) The process for determining requirements for missile
            defense capabilities under such programs, including input from
            the joint military requirements process.
                (7) The process for determining the force structure and
            inventory objectives for such programs.
                (8) Standards for the military utility, operational
            effectiveness, suitability, and survivability of the ballistic
            missile defense systems of the United States.
                (9) The method in which resources for the ballistic missile
            defense mission are planned, programmed, and budgeted within
            the Department of Defense.
                (10) The near-term and long-term affordability and cost-
            effectiveness of such programs.
                (11) The objectives, requirements, and standards for test
            and evaluation with respect to such programs.
                (12) Accountability, transparency, and oversight with
            respect to such programs.
                (13) The role of international cooperation on missile
            defense in the ballistic missile defense policy and strategy of
            the United States.
                (14) Any other matters the Secretary determines relevant.
        (c) Report.--
                (1) In general.--Not later than January 31, 2010, the
            Secretary shall submit to Congress a report setting forth the
            results of the review required by subsection (a).
                (2) Form.--The report required by this subsection shall be
            in unclassified form, but may include a classified annex.

    SEC. 235. AIRBORNE LASER SYSTEM.

        (a) Report on Director of Operational Test and Evaluation
    Assessment of Testing.--Not later than January 15, 2010, the Director
    of Operational Test and Evaluation shall--
                (1) review and evaluate the testing conducted on the first
            Airborne Laser System aircraft, including the planned shoot-
            down demonstration testing; and
                (2) submit to the Secretary of Defense and to Congress an
            assessment by the Director of the operational effectiveness,
            suitability, and survivability of the Airborne Laser System.
        (b) Limitation on Availability of Funds for Later Airborne Laser
    System Aircraft.--No funds appropriated pursuant to an authorization of
    appropriations or otherwise made available for the Department of
    Defense may be obligated or expended for the procurement of a second or
    subsequent aircraft for the Airborne Laser System program until the
    later of the following dates:
                (1) The date on which the Secretary of Defense, after
            receiving the assessment under subsection (a)(2), submits to
            Congress a certification that the Airborne Laser System has
            demonstrated, through successful testing and operational and
            cost analysis, a high probability of being operationally
            effective, suitable, survivable, and affordable.
                (2) The date that is 60 days after the date on which
            Congress receives the independent assessment of boost-phase
            missile defense required by section 232.

    SEC. 236. ACTIVATION AND DEPLOYMENT OF AN/TPY-2 FORWARD-BASED X-BAND
                  RADAR.

        (a) Availability of Funds.--Subject to subsection (b), of the
    amount authorized to be appropriated by section 201(4) for research,
    development, test, and evaluation, Defense-wide activities, up to
    $89,000,000 may be available for Ballistic Missile Defense Sensors for
    the activation and deployment of the AN/TPY-2 forward-based X-band
    radar to a classified location.
        (b) Limitation.--
                (1) In general.--Funds may not be available under
            subsection (a) for the purpose specified in that subsection
            until the Secretary of Defense submits to the Committees on
            Armed Services of the Senate and the House of Representatives a
            report on the deployment of the AN/TPY-2 forward-based X-band
            radar as described in that subsection, including:
                        (A) The location of deployment of the radar.
                        (B) A description of the operational parameters of
                    the deployment of the radar, including planning for
                    force protection.
                        (C) A description of any recurring and non-
                    recurring expenses associated with the deployment of
                    the radar.
                        (D) A description of the cost-sharing arrangements
                    between the United States and the country in which the
                    radar will be deployed regarding the expenses described
                    in subparagraph (C).
                        (E) A description of the other terms and conditions
                    of the agreement between the United States and such
                    country regarding the deployment of the radar.
                (2) Form.--The report under paragraph (1) shall be
            submitted in unclassified form, but may include a classified
            annex.

                              Subtitle D--Reports

    SEC. 241. BIENNIAL REPORTS ON JOINT AND SERVICE CONCEPT DEVELOPMENT AND
                  EXPERIMENTATION.

        (a) In General.--Section 485 of title 10, United States Code, is
    amended to read as follows:
    ``Sec. 485. Joint and service concept development and experimentation
        ``(a) Biennial Reports Required.--Not later than January 1 of each
    even numbered-year, the Secretary of Defense or the Secretary's
    designee shall submit to the congressional defense committees a report
    on the conduct and outcomes of joint and service concept development
    and experimentation.
        ``(b) Matters To Be Included.--Each report under subsection (a)
    shall include the following:
                ``(1) A description of any changes since the latest report
            submitted under this section to each of the following:
                        ``(A) The organization of the Department of Defense
                    responsible for executing the mission of joint concept
                    development and experimentation, or its specific
                    authorities related to that mission.
                        ``(B) The process for tasking forces (including
                    forces designated as joint experimentation forces) to
                    participate in joint concept development and
                    experimentation, and the specific authority of the
                    organization responsible for executing the mission of
                    joint concept development and experimentation over
                    those forces.
                        ``(C) The resources provided for initial
                    implementation of joint concept development and
                    experimentation, the process for providing such
                    resources to the organization responsible for executing
                    the mission of joint concept development and
                    experimentation, the categories of funding for joint
                    concept development and experimentation, and the
                    authority of the organization responsible for executing
                    the mission of joint concept development and
                    experimentation for budget execution for such
                    activities.
                        ``(D) The assigned role of the organization
                    responsible for executing the mission of joint concept
                    development and experimentation for--
                                ``(i) integrating and testing in joint
                            concept development and experimentation the
                            systems that emerge from warfighting
                            experimentation by the armed forces and the
                            Defense Agencies;
                                ``(ii) assessing the effectiveness of
                            organizational structures, operational
                            concepts, and technologies relating to joint
                            concept development and experimentation; and
                                ``(iii) assisting the Secretary of Defense
                            and the Chairman of the Joint Chiefs of Staff
                            in setting priorities for requirements or
                            acquisition programs in light of joint concept
                            development and experimentation.
                ``(2) A description of the conduct of joint concept
            development and experimentation activities, and of concept
            development and experimentation activities of each of the
            military departments, during the two-year period ending on the
            date of such report, including--
                        ``(A) the funding involved;
                        ``(B) the number of activities engaged in;
                        ``(C) the forces involved;
                        ``(D) the national and homeland security challenges
                    addressed;
                        ``(E) the operational concepts assessed;
                        ``(F) the technologies assessed;
                        ``(G) the scenarios and measures of effectiveness
                    utilized; and
                        ``(H) specific interactions under such activities
                    with the commanders of the combatant commands and with
                    other organizations and entities inside and outside the
                    Department.
                ``(3) A description of the conduct of joint concept
            development and experimentation, and of the conduct of concept
            development and experimentation by each of the military
            departments, during the two-year period ending on the date of
            such report with respect to the development of warfighting
            concepts for operational scenarios more than 10 years in the
            future, including--
                        ``(A) the funding involved;
                        ``(B) the number of activities engaged in;
                        ``(C) the forces involved;
                        ``(D) the challenges addressed;
                        ``(E) the operational concepts assessed;
                        ``(F) the technologies assessed;
                        ``(G) the scenarios and measures of effectiveness
                    utilized; and
                        ``(H) specific interactions with the commanders of
                    the combatant commands and with other organizations and
                    entities inside and outside the Department.
                ``(4) A description of the mechanisms used to coordinate
            joint, service, interagency, Coalition, and other appropriate
            concept development and experimentation activities.
                ``(5) An assessment of the return on investment in concept
            development and experimentation activities, including a
            description of the following:
                        ``(A) Specific outcomes and impacts within the
                    Department of the results of past joint and service
                    concept development and experimentation in terms of new
                    doctrine, operational concepts, organization, training,
                    materiel, leadership, personnel, or the allocation of
                    resources, or in activities that terminated support for
                    legacy concepts, programs, or systems.
                        ``(B) Specific actions taken to implement the
                    recommendations of the Commander of United States Joint
                    Forces Command based on joint concept development and
                    experimentation activities.
                ``(6) Such recommendations (based primarily on the results
            of joint and service concept development and experimentation)
            as the Secretary considers appropriate for enhancing the
            development of joint warfighting capabilities by modifying
            activities throughout the Department relating to--
                        ``(A) the development or acquisition of specific
                    advanced technologies, systems, or weapons or systems
                    platforms;
                        ``(B) key systems attributes and key performance
                    parameters for the development or acquisition of
                    advanced technologies and systems;
                        ``(C) joint or service doctrine, organization,
                    training, materiel, leadership development, personnel,
                    or facilities;
                        ``(D) the reduction or elimination of redundant
                    equipment and forces, including the synchronization of
                    the development and fielding of advanced technologies
                    among the armed forces to enable the development and
                    execution of joint operational concepts; and
                        ``(E) the development or modification of initial
                    capabilities documents, operational requirements, and
                    relative priorities for acquisition programs to meet
                    joint requirements.
                ``(7) With respect to improving the effectiveness of joint
            concept development and experimentation capabilities, such
            recommendations (based primarily on the results of joint
            warfighting experimentation) as the Secretary considers
            appropriate regarding--
                        ``(A) the conduct of, adequacy of resources for, or
                    development of technologies to support such
                    capabilities; and
                        ``(B) changes in support from other elements of the
                    Department responsible for concept development and
                    experimentation by joint or service organizations.
                ``(8) The coordination of the concept development and
            experimentation activities of the Commander of the United
            States Joint Forces Command with the activities of the
            Commander of the North Atlantic Treaty Organization Supreme
            Allied Command Transformation.
                ``(9) Any other matters that the Secretary consider
            appropriate.
        ``(c) Coordination and Support.--The Secretary of Defense shall
    ensure that the Secretaries of the military departments and the heads
    of other appropriate elements of the Department of Defense provide such
    information and support as is required for the preparation of the
    reports required by this section.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 23 of such title is amended by striking the item relating to
    section 485 and inserting the following new item:

    ``485. Joint and service concept development and experimentation.''.

    SEC. 242. REPORT ON PARTICIPATION OF THE HISTORICALLY BLACK COLLEGES
                  AND UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS IN
                  RESEARCH AND EDUCATIONAL PROGRAMS AND ACTIVITIES OF THE
                  DEPARTMENT OF DEFENSE.

        (a) In General.--The Secretary of Defense shall carry out an
    independent assessment of the participation of covered educational
    institutions in research and educational programs and activities of the
    Department of Defense.
        (b) Report.--Not later than 12 months after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    congressional defense committees a report on the assessment required
    under subsection (a).
        (c) Matters Included.--The report required under subsection (b)
    shall include the following:
                (1) A description of research, training, technical
            assistance, infrastructure support, and educational programs
            and activities conducted by the Department of Defense in
            support of covered educational institutions.
                (2) A survey of the level of participation of covered
            educational institutions in programs described in paragraph
            (1), and lessons learned from the survey.
                (3) An assessment of the relevance, including outcomes and
            effects, of the programs and activities identified in paragraph
            (1) to the research and educational programs, activities, and
            missions of the Department of Defense.
                (4) An assessment of additional activities by the
            Department of Defense that support covered educational
            institutions whose primary focus is the training and educating
            of minority scientists, engineers, and technicians.
                (5) An assessment of barriers to the participation of
            covered educational institutions in the research and
            educational programs and activities of the Department of
            Defense.
                (6) Recommendations to increase the capacity of covered
            educational institutions to participate in research and
            educational programs and activities that are critical to the
            national security functions of the Department of Defense.
                (7) Any other matters the Secretary of Defense considers
            appropriate.
        (d) Cooperation of Defense Organizations.--The Secretary of Defense
    shall ensure that the relevant elements of the Department of Defense
    provide all information necessary for the completion of the assessment
    required under subsection (a).
        (e) Definitions.--In this section:
                (1) The term ``covered educational institutions'' means--
                        (A) a historically Black college or university that
                    is a part B institution, as defined in section 322(2)
                    of the Higher Education Act of 1965 (20 U.S.C.
                    1061(2));
                        (B) a minority institution, as defined in section
                    365(3) of that Act (20 U.S.C. 1067k(3));
                        (C) a Hispanic-serving institution, as defined in
                    section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5));
                        (D) a Tribal College or University, as defined in
                    section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3));
                    and
                        (E) other minority postsecondary institutions.
                (2) The term ``research and educational programs and
            activities'' includes programs and activities relating to
            research, development, test, and evaluation and education.

    SEC. 243. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO FINDINGS AND
                  RECOMMENDATIONS OF THE DEFENSE SCIENCE BOARD TASK FORCE
                  ON DIRECTED ENERGY WEAPONS.

        (a) Report Required.--Not later than January 1, 2010, 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 implementation of the recommendations
    of the Defense Science Board Task Force on Directed Energy Weapons.
        (b) Elements.--The report required by subsection (a) shall include
    the following:
                (1) An analysis of each of the findings and recommendations
            of the Defense Science Board Task Force on Directed Energy
            Weapons.
                (2) A detailed description of the response of the
            Department of Defense to each finding and recommendation of the
            Task Force, including--
                        (A) for each recommendation that is being
                    implemented or that the Secretary plans to implement--
                                (i) a summary of actions that have been
                            taken to implement such recommendation; and
                                (ii) a schedule, with specific milestones,
                            for completing the implementation of such
                            recommendation; and
                        (B) for each recommendation that the Secretary does
                    not plan to implement--
                                (i) the reasons for the decision not to
                            implement such recommendation; and
                                (ii) a summary of the alternative actions
                            the Secretary plans to take to address the
                            purposes underlying such recommendation.
                (3) A summary of any additional actions the Secretary plans
            to take to address concerns raised by the Task Force.

                           Subtitle E--Other Matters

    SEC. 251. MODIFICATION OF SYSTEMS SUBJECT TO SURVIVABILITY TESTING
                  OVERSIGHT BY THE DIRECTOR OF OPERATIONAL TEST AND
                  EVALUATION.

        (a) Authority To Designate Additional Systems as Major Systems and
    Programs Subject to Testing.--Section 2366(e)(1) of title 10, United
    States Code, is amended to read as follows:
                ``(1) The term `covered system' means--
                        ``(A) a vehicle, weapon platform, or conventional
                    weapon system that--
                                ``(i) includes features designed to provide
                            some degree of protection to users in combat;
                            and
                                ``(ii) is a major system as defined in
                            section 2302(5) of this title; or
                        ``(B) any other system or program designated by the
                    Secretary of Defense for purposes of this section.''.
        (b) Revision to Report Requirement.--Section 2366(d) of such title
    is amended--
                (1) by inserting ``(1)'' before ``At the conclusion''; and
                (2) by adding at the end the following new paragraph:
        ``(2) If a decision is made within the Department of Defense to
    proceed to operational use of a system, or to make procurement funds
    available for a system, before Milestone C approval of that system, the
    Secretary of Defense shall submit to the congressional defense
    committees, as soon as practicable after such decision, the following:
                ``(A) A report describing the status of survivability and
            live fire testing of that system.
                ``(B) The report required under paragraph (1).''.
        (c) Force Protection Equipment.--Section 139(b) of such title is
    amended--
                (1) by striking paragraph (3); and
                (2) by redesignating paragraphs (4) through (7) as
            paragraphs (3) through (6), respectively.

    SEC. 252. TECHNOLOGY-NEUTRAL INFORMATION TECHNOLOGY GUIDELINES AND
                  STANDARDS TO SUPPORT FULLY INTEROPERABLE ELECTRONIC
                  PERSONAL HEALTH INFORMATION FOR THE DEPARTMENT OF DEFENSE
                  AND DEPARTMENT OF VETERANS AFFAIRS.

        Section 1635 of the Wounded Warrior Act (title XVI of Public Law
    110-181; 122 Stat. 460; 10 U.S.C. 1071 note) is amended--
                (1) in subsection (h)(1), by adding at the end the
            following new subparagraphs:
                        ``(C) A description and analysis of the level of
                    interoperability and security of technologies for
                    sharing healthcare information among the Department of
                    Defense, the Department of Veterans Affairs, and their
                    transaction partners.
                        ``(D) A description and analysis of the problems
                    the Department of Defense and the Department of
                    Veterans Affairs are having with, and the progress such
                    departments are making toward, ensuring interoperable
                    and secure healthcare information systems and
                    electronic healthcare records.''; and
                (2) by adding at the end the following new subsection:
        ``(j) Technology-Neutral Guidelines and Standards.--The Director,
    in consultation with industry and appropriate Federal agencies, shall
    develop, or shall adopt from industry, technology-neutral information
    technology infrastructure guidelines and standards for use by the
    Department of Defense and the Department of Veterans Affairs to enable
    those departments to effectively select and utilize information
    technologies to meet the requirements of this section.''.

    SEC. 253. ASSESSMENT OF TECHNOLOGY TRANSITION PROGRAMS AND REPEAL OF
                  REPORTING REQUIREMENT.

        (a) Assessment and Report Required.--
                (1) In general.--The Under Secretary of Defense for
            Acquisition, Technology, and Logistics shall assess the
            feasibility of consolidating the various technology transition
            programs in the Department of Defense into a unified effort
            managed by a senior official of the Department.
                (2) Programs included.--The assessment required by
            paragraph (1) shall include--
                        (A) the technology transition programs managed or
                    overseen by the Secretary of Defense; and
                        (B) as the Under Secretary considers appropriate,
                    the technology transition programs of the military
                    departments.
                (3) Report.--Not later than October 1, 2009, the Under
            Secretary shall submit to the congressional defense committees
            a report on the assessment required by paragraph (1). The
            report shall include the following:
                        (A) A description of each of the technology
                    transition programs considered as part of the
                    assessment.
                        (B) An evaluation of the extent to which each
                    technology transition program fulfills its intended
                    mission and supports effective and efficient technology
                    transition.
                        (C) For each technology transition program
                    considered in the assessment, a summary of the funding
                    available for the five fiscal years preceding the date
                    on which the report is submitted.
                        (D) The conclusion of the Under Secretary as to
                    whether there are any benefits in consolidating the
                    technology transition programs into a unified effort
                    managed by a senior official of the Department of
                    Defense.
                        (E) Recommendations to add, repeal, or amend
                    statutes or regulations in order to more effectively
                    enable technology transition.
                        (F) Recommendations regarding the appropriate
                    management structure, fiscal controls, and stakeholder
                    engagement required to ensure that a unified technology
                    transition program will cost-effectively and
                    efficiently enable technology transition.
        (b) Reporting Requirement Repealed.--Section 2359a of title 10,
    United States Code, is amended--
                (1) by striking subsection (h); and
                (2) by redesignating subsection (i) as subsection (h).

    SEC. 254. TRUSTED DEFENSE SYSTEMS.

        (a) Vulnerability Assessment Required.--The Secretary of Defense
    shall conduct an assessment of selected covered acquisition programs to
    identify vulnerabilities in the supply chain of each program's
    electronics and information processing systems that potentially
    compromise the level of trust in the systems. Such assessment shall--
                (1) identify vulnerabilities at multiple levels of the
            electronics and information processing systems of the selected
            programs, including microcircuits, software, and firmware;
                (2) prioritize the potential vulnerabilities and effects of
            the various elements and stages of the system supply chain to
            identify the most effective balance of investments to minimize
            the effects of compromise;
                (3) provide recommendations regarding ways of managing
            supply chain risk for covered acquisition programs; and
                (4) identify the appropriate lead person, and supporting
            elements, within the Department of Defense for the development
            of an integrated strategy for managing risk in the supply chain
            for covered acquisition programs.
        (b) Assessment of Methods for Verifying the Trust of Semiconductors
    Procured From Commercial Sources.--The Under Secretary of Defense for
    Acquisition, Technology, and Logistics, in consultation with
    appropriate elements of the Department of Defense, the intelligence
    community, private industry, and academia, shall conduct an assessment
    of various methods of verifying the trust of semiconductors procured by
    the Department of Defense from commercial sources for use in mission-
    critical components of potentially vulnerable defense systems. The
    assessment shall include the following:
                (1) An identification of various methods of verifying the
            trust of semiconductors, including methods under development at
            the Defense Agencies, government laboratories, institutions of
            higher education, and in the private sector.
                (2) A determination of the methods identified under
            paragraph (1) that are most suitable for the Department of
            Defense.
                (3) An assessment of the additional research and technology
            development needed to develop methods of verifying the trust of
            semiconductors that meet the needs of the Department of
            Defense.
                (4) Any other matters that the Under Secretary considers
            appropriate.
        (c) Strategy Required.--
                (1) In general.--The lead person identified under
            subsection (a)(4), in cooperation with the supporting elements
            also identified under such subsection, shall develop an
            integrated strategy--
                        (A) for managing risk--
                                (i) in the supply chain of electronics and
                            information processing systems for covered
                            acquisition programs; and
                                (ii) in the procurement of semiconductors;
                            and
                        (B) that ensures dependable, continuous, long-term
                    access and trust for all mission-critical
                    semiconductors procured from both foreign and domestic
                    sources.
                (2) Requirements.--At a minimum, the strategy shall--
                        (A) address the vulnerabilities identified by the
                    assessment under subsection (a);
                        (B) reflect the priorities identified by such
                    assessment;
                        (C) provide guidance for the planning, programming,
                    budgeting, and execution process in order to ensure
                    that covered acquisition programs have the necessary
                    resources to implement all appropriate elements of the
                    strategy;
                        (D) promote the use of verification tools, as
                    appropriate, for ensuring trust of commercially
                    acquired systems;
                        (E) increase use of trusted foundry services, as
                    appropriate; and
                        (F) ensure sufficient oversight in implementation
                    of the plan.
        (d) Policies and Actions for Assuring Trust in Integrated
    Circuits.--Not later than 180 days after the date of the enactment of
    this Act, the Secretary of Defense shall--
                (1) develop policy requiring that trust assurance be a high
            priority for covered acquisition programs in all phases of the
            electronic component supply chain and integrated circuit
            development and production process, including design and design
            tools, fabrication of the semiconductors, packaging, final
            assembly, and test;
                (2) develop policy requiring that programs whose
            electronics and information systems are determined to be vital
            to operational readiness or mission effectiveness are to employ
            trusted foundry services to fabricate their custom designed
            integrated circuits, unless the Secretary specifically
            authorizes otherwise;
                (3) incorporate the strategies and policies of the
            Department of Defense regarding development and use of trusted
            integrated circuits into all relevant Department directives and
            instructions related to the acquisition of integrated circuits
            and programs that use such circuits; and
                (4) take actions to promote the use and development of
            tools that verify the trust in all phases of the integrated
            circuit development and production process of mission-critical
            parts acquired from non-trusted sources.
        (e) Submission to Congress.--Not later than 12 months after the
    date of the enactment of this Act, the Secretary of Defense shall
    submit to the congressional defense committees--
                (1) the assessments required by subsections (a) and (b);
                (2) the strategy required by subsection (c); and
                (3) a description of the policies developed and actions
            taken under subsection (d).
        (f) Definitions.--In this section:
                (1) The term ``covered acquisition programs'' means an
            acquisition program of the Department of Defense that is a
            major system for purposes of section 2302(5) of title 10,
            United States Code.
                (2) The terms ``trust'' and ``trusted'' refer, with respect
            to electronic and information processing systems, to the
            ability of the Department of Defense to have confidence that
            the systems function as intended and are free of exploitable
            vulnerabilities, either intentionally or unintentionally
            designed or inserted as part of the system at any time during
            its life cycle.
                (3) The term ``trusted foundry services'' means the program
            of the National Security Agency and the Department of Defense,
            or any similar program approved by the Secretary of Defense,
            for the development and manufacture of integrated circuits for
            critical defense systems in secure industrial environments.

    SEC. 255. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A JOINT APPROACH FOR
                  FUTURE DEVELOPMENT OF VERTICAL LIFT AIRCRAFT AND
                  ROTORCRAFT.

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

    SEC. 256. EXECUTIVE AGENT FOR PRINTED CIRCUIT BOARD TECHNOLOGY.

        (a) Executive Agent.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of Defense shall designate a
    senior official of the Department of Defense to act as the executive
    agent for printed circuit board technology.
        (b) Roles, Responsibilities, and Authorities.--
                (1) Establishment.--Not later than one year after the date
            of the enactment of this Act, and in accordance with Directive
            5101.1, the Secretary of Defense shall prescribe the roles,
            responsibilities, and authorities of the executive agent
            designated under subsection (a).
                (2) Specification.--The roles and responsibilities of the
            executive agent designated under subsection (a) shall include
            each of the following:
                        (A) Development and maintenance of a printed
                    circuit board and interconnect technology roadmap that
                    ensures that the Department of Defense has access to
                    the manufacturing capabilities and technical expertise
                    necessary to meet future military requirements
                    regarding such technology.
                        (B) Development of recommended funding strategies
                    necessary to meet the requirements of the roadmap
                    developed under subparagraph (A).
                        (C) Assessment of the vulnerabilities,
                    trustworthiness, and diversity of the printed circuit
                    board supply chain, including the development of
                    trustworthiness requirements for printed circuit boards
                    used in defense systems, and to develop strategies to
                    address matters that are identified as a result of such
                    assessment.
                        (D) Such other roles and responsibilities as the
                    Secretary of Defense considers appropriate.
        (c) Support Within Department of Defense.--In accordance with
    Directive 5101.1, the Secretary of Defense shall ensure that the
    military departments, Defense Agencies, and other components of the
    Department of Defense provide the executive agent designated under
    subsection (a) with the appropriate support and resources needed to
    perform the roles, responsibilities, and authorities of the executive
    agent.
        (d) Definitions.--In this section:
                (1) The term ``Directive 5101.1'' means Department of
            Defense Directive 5101.1, or any successor directive relating
            to the responsibilities of an executive agent of the Department
            of Defense.
                (2) The term ``executive agent'' has the meaning given the
            term ``DoD Executive Agent'' in Directive 5101.1.

    SEC. 257. REVIEW OF CONVENTIONAL PROMPT GLOBAL STRIKE TECHNOLOGY
                  APPLICATIONS AND CONCEPTS.

        (a) Availability of Funds for Prompt Global Strike Capability
    Development.--Notwithstanding any other provision of this Act, funds
    for conventional prompt global strike capability development are
    authorized by this Act only for those activities expressly delineated
    in the expenditure plan for fiscal years 2008 and 2009 that was
    required by section 243 of the National Defense Authorization Act for
    Fiscal Year 2008 (Public Law 110-181; 122 Stat. 51; 10 U.S.C. 113 note)
    and submitted to the congressional defense committees and dated March
    24, 2008, those activities for which funds are authorized to be
    appropriated in this Act, or those activities otherwise expressly
    authorized by Congress.
        (b) Report on Technology Applications.--Not later than April 1,
    2009, the Secretary of Defense shall submit to the congressional
    defense committees a report that contains--
                (1) a description of the technology applications developed
            pursuant to conventional prompt global strike activities during
            fiscal year 2009; and
                (2) for each such technology application, the conventional
            prompt global strike concept towards which the application
            could be applied.
        (c) Review of Conventional Prompt Global Strike Concepts.--The
    Secretary of Defense shall, in consultation with the Secretary of
    State, conduct a review of each nonnuclear prompt global strike concept
    with respect to which the President requests funding in the budget of
    the President for fiscal year 2010 (as submitted to Congress pursuant
    to section 1105 of title 31, United States Code).
        (d) Elements of Review.--The review required by subsection (c)
    shall include, for each concept described in that subsection, the
    following:
                (1) The full cost of demonstrating such concept.
                (2) An assessment of any policy, legal, or treaty-related
            issues that could arise during the course of, or as a result
            of, deployment of each concept and recommendations to address
            such issues.
                (3) The extent to which the concept could be misconstrued
            as a nuclear weapon or delivery system and recommendations to
            mitigate the risk of such a misconstrual.
                (4) An assessment of the potential basing and deployment
            options for the concept.
                (5) A description of the types of targets against which the
            concept might be used.
                (6) An assessment of the adequacy of the intelligence that
            would be needed to support an attack involving the concept.
        (e) Report on Conventional Prompt Global Strike Concepts.--Not
    later than September 1, 2009, the Secretary of Defense shall submit to
    the congressional defense committees a report setting forth the results
    of the review required by subsection (c).

                      TITLE III--OPERATION AND MAINTENANCE

                  Subtitle A--Authorization of Appropriations

    Sec. 301. Operation and maintenance funding.

                      Subtitle B--Environmental Provisions

    Sec. 311. Authorization for Department of Defense participation in
                                conservation banking programs.
    Sec. 312. Reimbursement of Environmental Protection Agency for certain
                                costs in connection with Moses Lake
                                Wellfield Superfund Site, Moses Lake,
                                Washington.
    Sec. 313. Expand cooperative agreement authority for management of
                                natural resources to include off-
                                installation mitigation.
    Sec. 314. Expedited use of appropriate technology related to unexploded
                                ordnance detection.
    Sec. 315. Closed loop re-refining of used motor vehicle lubricating
                                oil.
    Sec. 316. Comprehensive program for the eradication of the brown tree
                                snake population from military facilities
                                in Guam.

                     Subtitle C--Workplace and Depot Issues

    Sec. 321. Comprehensive analysis and development of single Government-
                                wide definition of inherently governmental
                                function and criteria for critical
                                functions.
    Sec. 322. Study on future depot capability.
    Sec. 323. Government Accountability Office review of high-performing
                                organizations.
    Sec. 324. Consolidation of Air Force and Air National Guard aircraft
                                maintenance.
    Sec. 325. Report on Air Force civilian personnel consolidation plan.
    Sec. 326. Report on reduction in number of firefighters on Air Force
                                bases.
    Sec. 327. Minimum capital investment for certain depots.

                          Subtitle D--Energy Security

    Sec. 331. Annual report on operational energy management and
                                implementation of operational energy
                                strategy.
    Sec. 332. Consideration of fuel logistics support requirements in
                                planning, requirements development, and
                                acquisition processes.
    Sec. 333. Study on solar and wind energy for use for expeditionary
                                forces.
    Sec. 334. Study on alternative and synthetic fuels.
    Sec. 335. Mitigation of power outage risks for Department of Defense
                                facilities and activities.

                              Subtitle E--Reports

    Sec. 341. Comptroller General report on readiness of Armed Forces.
    Sec. 342. Report on plan to enhance combat skills of Navy and Air Force
                                personnel.
    Sec. 343. Comptroller General report on the use of the Army Reserve and
                                National Guard as an operational reserve.
    Sec. 344. Comptroller General report on link between preparation and
                                use of Army reserve component forces to
                                support ongoing operations.
    Sec. 345. Comptroller General report on adequacy of funding, staffing,
                                and organization of Department of Defense
                                Military Munitions Response Program.

                           Subtitle F--Other Matters

    Sec. 351. Extension of Enterprise Transition Plan reporting
                                requirement.
    Sec. 352. Demilitarization of loaned, given, or exchanged documents,
                                historical artifacts, and condemned or
                                obsolete combat materiel.
    Sec. 353. Repeal of requirement that Secretary of Air Force provide
                                training and support to other military
                                departments for A-10 aircraft.
    Sec. 354. Display of annual budget requirements for Air Sovereignty
                                Alert Mission.
    Sec. 355. Revision of certain Air Force regulations required.
    Sec. 356. Transfer of C-12 aircraft to California Department of
                                Forestry and Fire Protection.
    Sec. 357. Limitation on treatment of retired B-52 aircraft for Air
                                Combat Command headquarters.
    Sec. 358. Increase of domestic breeding of military working dogs used
                                by the Department of Defense.

                  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, $31,251,702,000.
                (2) For the Navy, $34,850,310,000.
                (3) For the Marine Corps, $5,604,254,000.
                (4) For the Air Force, $35,454,487,000.
                (5) For Defense-wide activities, $25,948,864,000.
                (6) For the Army Reserve, $2,642,341,000.
                (7) For the Naval Reserve, $1,311,085,000.
                (8) For the Marine Corps Reserve, $213,131,000.
                (9) For the Air Force Reserve, $3,150,692,000.
                (10) For the Army National Guard, $5,893,546,000.
                (11) For the Air National Guard, $5,882,326,000.
                (12) For the United States Court of Appeals for the Armed
            Forces, $13,254,000.
                (13) For Environmental Restoration, Army, $447,776,000.
                (14) For Environmental Restoration, Navy, $290,819,000.
                (15) For Environmental Restoration, Air Force,
            $496,277,000.
                (16) For Environmental Restoration, Defense-wide,
            $13,175,000.
                (17) For Environmental Restoration, Formerly Used Defense
            Sites, $257,796,000.
                (18) For Overseas Humanitarian, Disaster, and Civic Aid
            programs, $83,273,000.
                (19) For Cooperative Threat Reduction programs,
            $434,135,000.
                (20) For the Overseas Contingency Operations Transfer Fund,
            $9,101,000.

                      Subtitle B--Environmental Provisions

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

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

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

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

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

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

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

    SEC. 314. EXPEDITED USE OF APPROPRIATE TECHNOLOGY RELATED TO UNEXPLODED
                  ORDNANCE DETECTION.

        (a) Expedited Use of Appropriate Technologies.--The Secretary shall
    expedite the use of appropriate unexploded ordnance detection
    instrument technology developed through research funded by the
    Department of Defense or developed by entities other than the
    Department of Defense.
        (b) Report.--Not later than October 1, 2009, the Secretary shall
    submit to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives a report
    describing and evaluating the following:
                (1) The amounts allocated for research, development, test,
            and evaluation for unexploded ordnance detection technologies.
                (2) The amounts allocated for transition of new unexploded
            ordnance detection technologies.
                (3) Activities undertaken by the Department to transition
            such technologies and train operators on emerging detection
            instrument technologies.
                (4) Any impediments to the transition of new unexploded
            ordnance detection instrument technologies to regular operation
            in remediation programs.
                (5) The transfer of such technologies to private sector
            entities involved in the detection of unexploded ordnance.
                (6) Activities undertaken by the Department to raise public
            awareness regarding unexploded ordnance.
        (c) Unexploded Ordnance Defined.--In this section, the term
    ``unexploded ordnance'' has the meaning given such term in section
    101(e)(5) of title 10, United States Code.

    SEC. 315. CLOSED LOOP RE-REFINING OF USED MOTOR VEHICLE LUBRICATING
                  OIL.

        (a) Study and Evaluation.--Not later than one year after the date
    of the enactment of this Act, the Secretary of Defense shall submit to
    Congress a report which reviews the Department of Defense's policies
    concerning the re-use, recycling, sale, and disposal of used motor
    vehicle lubricating oil, and shall include in the report an evaluation
    of the feasibility and desirability of implementing policies to require
    re-use or recycling through closed loop re-refining of used oil as a
    means of reducing total indirect energy usage and greenhouse gas
    emissions.
        (b) Definition.-- For purposes of this section, the term ``closed
    loop re-refining'' means the sale of used oil to entities that re-
    refine used oil into base oil and vehicle lubricants that meet
    Department of Defense and industry standards, and the purchase of re-
    refined oil produced through such re-refining process.

    SEC. 316. COMPREHENSIVE PROGRAM FOR THE ERADICATION OF THE BROWN TREE
                  SNAKE POPULATION FROM MILITARY FACILITIES IN GUAM.

        The Secretary of Defense shall establish a comprehensive program to
    control and, to the extent practicable, eradicate the brown tree snake
    population from military facilities in Guam and to ensure that military
    activities, including the transport of civilian and military personnel
    and equipment to and from Guam, do not contribute to the spread of
    brown tree snakes.

                     Subtitle C--Workplace and Depot Issues

    SEC. 321. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE GOVERNMENT-
                  WIDE DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION AND
                  CRITERIA FOR CRITICAL FUNCTIONS.

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

    SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY.

        (a) Study Required.--Not later than 30 days after the date of the
    enactment of this Act, the Secretary of Defense shall enter into a
    contract with an independent research entity that is a not-for-profit
    entity or a federally-funded research and development center with
    appropriate expertise in logistics and logistics analytical capability
    to carry out a study on the capability and efficiency of the depots of
    the Department of Defense to provide the logistics capabilities and
    capacity necessary for national defense.
        (b) Contents of Study.--The study carried out under subsection (a)
    shall--
                (1) be a quantitative analysis of the post-reset Department
            of Defense depot capability required to provide life cycle
            sustainment of military legacy systems and new systems and
            military equipment;
                (2) take into consideration direct input from the Secretary
            of Defense and the logistics and acquisition leadership of the
            military departments, including materiel support and depot
            commanders;
                (3) take into consideration input from regular and reserve
            components of the Armed Forces, both with respect to
            requirements for sustainment-level maintenance and the
            capability and capacity to perform depot-level maintenance and
            repair;
                (4) identify and address each type of activity carried out
            at depots, installation directorates of logistics, regional
            sustainment-level maintenance sites, reserve component
            maintenance capability sites, theater equipment support
            centers, and Army field support brigade capabilities;
                (5) examine relevant guidance provided and regulations
            prescribed by the Secretary of Defense and the Secretary of
            each of the military departments, including with respect to
            programming and budgeting and the annual budget displays
            provided to Congress; and
                (6) examine any relevant applicable laws, including the
            relevant body of work performed by the Government
            Accountability Office.
        (c) Issues to Be Addressed.--The study required under subsection
    (a) shall address each of the following issues with respect to depots
    and depot capabilities:
                (1) The life cycle sustainment maintenance strategies and
            implementation plans of the Department of Defense and the
            military departments that cover--
                        (A) the role of each type of maintenance activity;
                        (B) business operations;
                        (C) workload projection;
                        (D) outcome-based performance management
                    objectives;
                        (E) the adequacy of information technology systems,
                    including workload management systems;
                        (F) the workforce, including skills required and
                    development;
                        (G) budget and fiscal planning policies; and
                        (H) capital investment strategies, including the
                    implementation of section 2476 of title 10, United
                    States Code.
                (2) Current and future maintenance environments,
            including--
                        (A) performance-based logistics;
                        (B) supply chain management;
                        (C) condition-based maintenance;
                        (D) reliability-based maintenance;
                        (E) consolidation and centralization, including--
                                (i) regionalization;
                                (ii) two-level maintenance; and
                                (iii) forward-based depot capacity;
                        (F) public-private partnerships;
                        (G) private-sector depot capability and capacity;
                    and
                        (H) the impact of proprietary technical
                    documentation.
                (3) The adequate visibility of the maintenance workload of
            each military department in reports submitted to Congress,
            including--
                        (A) whether the depot budget lines in current
                    budget displays accurately reflect depot level
                    workloads;
                        (B) the accuracy of core and 50/50 calculations;
                        (C) the usefulness of current reporting
                    requirements to the oversight function of senior
                    military and congressional leaders; and
                        (D) whether current budgetary guidelines provide
                    sufficient financial flexibility during the year of
                    execution to permit the heads of the military
                    departments to make best-value decisions between
                    maintenance activities.
                (4) Such other information as determined relevant by the
            entity carrying out the study.
        (d) Availability of Information.--The Secretary of Defense and the
    Secretaries of each of the military departments shall make available to
    the entity carrying out the study under subsection (a) all necessary
    and relevant information to allow the entity to conduct the study in a
    quantitative and analytical manner.
        (e) Reports to Committees on Armed Services.--
                (1) Interim report.--The contract that the Secretary enters
            into under subsection (a) shall provide that not later than one
            year after the commencement of the study conducted under this
            section, the chief executive officer of the entity that carries
            out the study pursuant to the contract shall submit to the
            Committees on Armed Services of the Senate and House of
            Representatives an interim report on the study.
                (2) Final report.--Such contract shall provide that not
            later than 22 months after the date on which the Secretary of
            Defense enters into the contract under subsection (a), the
            chief executive officer of the entity that carries out the
            study pursuant to the contract shall submit to the Committees
            on Armed Services of the Senate and House of Representatives a
            final report on the study. The report shall include each of the
            following:
                        (A) A description of the depot maintenance
                    environment, as of the date of the conclusion of the
                    study, and the anticipated future environment, together
                    with the quantitative data used in conducting the
                    assessment of such environments under the study.
                        (B) Recommendations with respect to what would be
                    required to maintain, in a post-reset environment, an
                    efficient and enduring Department of Defense depot
                    capability necessary for national defense.
                        (C) Recommendations with respect to any changes to
                    any applicable law that would be appropriate for a
                    post-reset depot maintenance environment.
                        (D) Recommendations with respect to the methodology
                    of the Department of Defense for determining core
                    logistics requirements, including an assessment of
                    risk.
                        (E) Proposed business rules that would provide
                    incentives for the Secretary of Defense and the
                    Secretaries of the military departments to keep
                    Department of Defense depots efficient and cost
                    effective, including the workload level required for
                    efficiency.
                        (F) A proposed strategy for enabling, requiring,
                    and monitoring the ability of the Department of Defense
                    depots to produce performance-driven outcomes and meet
                    materiel readiness goals with respect to availability,
                    reliability, total ownership cost, and repair cycle
                    time.
                        (G) Comments provided by the Secretary of Defense
                    and the Secretaries of the military departments on the
                    findings and recommendations of the study.
        (f) Comptroller General Review.--Not later than 90 days after the
    date on which the report under subsection (e)(2) is submitted, the
    Comptroller General shall review the report and submit to the
    Committees on Armed Services of the Senate and House of Representatives
    an assessment of the feasibility of the recommendations and whether the
    findings are supported by the data and information examined.
        (g) Definitions.--In this section:
                (1) The term ``depot-level maintenance and repair'' has the
            meaning given that term under section 2460 of title 10, United
            States Code.
                (2) The term ``reset'' means actions taken to repair,
            enhance, or replace military equipment used in support of
            operations underway as of the date of the enactment of this Act
            and associated sustainment.
                (3) The term ``military equipment'' includes all weapon
            systems, weapon platforms, vehicles and munitions of the
            Department of Defense, and the components of such items.

    SEC. 323. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF HIGH-PERFORMING
                  ORGANIZATIONS.

        Not later than 120 days after the date of the enactment of this
    Act, the Comptroller General shall submit to the congressional defense
    committees a review on the high-performing organization initiatives of
    the Department of Defense. The review shall include each of the
    following for each such initiative reviewed:
                (1) Any policies or guidance developed to implement the
            initiative.
                (2) Whether the initiative was undertaken pursuant to the
            pilot project under section 337 of the National Defense
            Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
            U.S.C. 113 note) or under Office of Management and Budget
            Circular A-76.
                (3) The cost of development and implementation of the
            initiative.
                (4) Any cost savings and overall financial improvements
            promised or realized by reason of the initiative and an
            analysis of how such savings or improvements were calculated.
                (5) Whether criteria were developed to measure the
            performance, efficiency, and effectiveness improvements of the
            initiative.
                (6) The effect of the initiative on the workforce,
            including any relocations, change in collective bargaining
            status, or reductions in force that may have resulted.
                (7) Whether and to what extent employees and their
            representatives were consulted in the development and
            implementation of the initiative.

    SEC. 324. CONSOLIDATION OF AIR FORCE AND AIR NATIONAL GUARD AIRCRAFT
                  MAINTENANCE.

        (a) Restriction on Implementation of Consolidation.--The Secretary
    of the Air Force shall not implement the consolidation of aircraft
    repair facilities and personnel of the active Air Force with aircraft
    repair facilities and personnel of the Air National Guard or the
    consolidation of aircraft repair facilities and personnel of the Air
    National Guard with aircraft repair facilities and personnel of the
    active Air Force unless and until the Secretary of the Air Force
    submits the reports required by (b) and (c), the Chief of the National
    Guard Bureau submits the assessment required by subsection (d), and the
    Secretary of Defense submits the certification required by subsection
    (e).
        (b) Report on Criteria.--Not later than 30 days after the date of
    the enactment of this Act, the Secretary of the Air Force shall submit
    to the Committees on Armed Services of the Senate and House of
    Representatives a report stating all the criteria being used by the
    Department of the Air Force and the Rand Corporation to evaluate the
    feasibility of consolidating Air Force maintenance functions into
    organizations that would integrate active, Guard, and Reserve
    components into a total-force approach. The report shall include the
    assumptions that were provided to or developed by the Rand Corporation
    for their study of the feasibility of the consolidation proposal.
        (c) Report on Feasibility Study.--At least 90 days before any
    consolidation of aircraft repair facilities and personnel of the active
    Air Force with aircraft repair facilities and personnel of the Air
    National Guard, the Secretary of the Air Force shall submit to the
    Committees on Armed Services of the Senate and House of Representatives
    a report on the findings of the Rand Corporation feasibility study and
    the Rand Corporation's recommendations, the Air Force's assessment of
    the findings and recommendations, any plans developed for
    implementation of the consolidation, and a delineation of all
    infrastructure costs anticipated as a result of implementation.
        (d) Assessment by Chief of the National Guard Bureau.--Not later
    than 30 days after the date on which the report required by subsection
    (c) is submitted, the Chief of the National Guard Bureau shall submit
    to the Committees on Armed Services of the Senate and House of
    Representatives a written assessment of--
                (1) the proposed actions to consolidate aircraft repair
            facilities and personnel of the active Air Force with aircraft
            repair facilities and personnel of the Air National Guard by
            the Secretary of the Air Force; and
                (2) the information included in the report required by
            subsection (c).
        (e) Certification by the Secretary of Defense.--After the Secretary
    of the Air Force submits the reports required by subsections (b) and
    (c), and before any consolidation of aircraft repair facilities and
    personnel of the active Air Force with aircraft repair facilities and
    personnel of the Air National Guard by the Secretary of the Air Force,
    the Secretary of Defense shall certify that such consolidation is in
    the national interest and will not adversely affect recruitment,
    retention, or execution of the Air National Guard mission in the
    individual States.

    SEC. 325. REPORT ON AIR FORCE CIVILIAN PERSONNEL CONSOLIDATION PLAN.

        (a) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of the Air Force shall submit to
    the Committees on Armed Services of the Senate and House of
    Representatives a report on the Air Force plan for implementing the
    direction of the Base Realignment and Closure Commission for the
    consolidation of transactional workloads from the civilian personnel
    offices within the service components and defense agencies, retaining
    sufficient positions and personnel at the large civilian centers to
    perform the personnel management advisory services, including non-
    transactional functions, necessary to support the civilian workforce.
        (b) Contents of Report.--At a minimum, the report required by
    subsection (a) shall address the steps taken by the Air Force to ensure
    that such direction is implemented in a manner that best meets the
    future needs of the Air Force, and shall address each of the following:
                (1) The anticipated positive or negative effect on the
            productivity and mission accomplishment of the managed
            workforces at the different commands.
                (2) The potential future efficiencies to be achieved
            through an enterprise-wide transformation of civilian personnel
            services.
                (3) The size and complexity of the civilian workforce.
                (4) The extent to which mission accomplishment is dependent
            upon the productivity of the civilian workforce.
                (5) Input from the commanders of the large civilian centers
            regarding the effect of consolidation on workforce productivity
            and costs.
                (6) The status of ongoing consolidation efforts at the Air
            Force Personnel Center at Randolph Air Force Base, Texas, and
            the target timelines for delivery of services to the various
            installations.
                (7) The advantages and disadvantages of retaining certain
            personnel management and advisory services functions at the
            large civilian centers under local command authority to include
            on-site control of staffing of positions filled through
            internal or external recruitment processes, employee management
            relations, labor force planning and management, and managing
            workers compensation programs.
                (8) The standards and timeliness for transitioning the
            personnel classifications currently performed by large civilian
            centers, the transition plan, particularly as it assures ready
            access to classifications needed for staffing and other
            purposes by the large civilian centers, and the expected
            performance and evaluation standards for providing
            classification services to the large civilian centers once the
            transition is complete.
        (c) Updates of Report.--The Secretary of the Air Force shall submit
    to the Committees on Armed Services of the Senate and House of
    Representatives biannual updates of the report required under
    subsection (a) until January 3, 2012.

    SEC. 326. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON AIR FORCE
                  BASES.

        To ensure that the Air Force is meeting the minimum safety
    standards for staffing, equipment, and training, as required by
    Department of Defense Installation and Environment Instruction 6055.6,
    the Secretary of the Air Force shall submit to Congress, by not later
    than 90 days after the date of the enactment of this Act, a report on
    the effects of the reduction in the number of fire fighters on Air
    Force bases during the three fiscal years preceding the fiscal year in
    which the report is submitted. Such report shall include each of the
    following:
                (1) An evaluation of current fire fighting capability of
            the Air Force and whether the reduction in the number of fire
            fighters on Air Force bases has increased the risk of harm to
            either fire fighters or those they may serve in response to an
            emergency.
                (2) An evaluation of whether adequate capability exists in
            the municipal communities surrounding the Air Force bases
            covered by the report to support a base aircraft rescue or to
            respond to a fire involving a combat aircraft, cargo aircraft,
            or weapon system.
                (3) An evaluation of the effects that the reductions in
            fire fighting personnel or functions have had on the
            certifications of Air Force base fire departments.
                (4) If the Secretary determines that reductions in the
            number of fire fighting personnel during the fiscal years
            covered by the report have negatively affected the ability of
            fire fighters on Air Forces bases to perform their missions, a
            plan to restore the fire fighting personnel needed to
            adequately support such missions.

    SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.

        (a) Additional Army Depots.--Subsection (e)(1) of section 2476 of
    title 10, United States Code, is amended by adding at the end the
    following new subparagraphs:
                        ``(F) Watervliet Arsenal, New York.
                        ``(G) Rock Island Arsenal, Illinois.
                        ``(H) Pine Bluff Arsenal, Arkansas.''.
        (b) Separate Consideration and Reporting of Navy Depots and Marine
    Corps Depots.--Such section is further amended--
                (1) in subsection (d)(2), by adding at the end the
            following new subparagraph:
                ``(D) Separate consideration and reporting of Navy Depots
            and Marine Corps depots.''; and
                (2) in subsection (e)(2)--
                        (A) by redesignating subparagraphs (A) through (G)
                    as clauses (i) through (vii), respectively, and
                    indenting the margins of such clauses, as so
                    redesignated, 6 ems from the left margin;
                        (B) by inserting after ``Department of the Navy:''
                    the following:
                        ``(A) The following Navy depots:'';
                        (C) by inserting after clause (vii), as
                    redesignated by subparagraph (A), the following:
                        ``(B) The following Marine Corps depots:''; and
                        (D) by redesignating subparagraphs (H) and (I) as
                    clauses (i) and (ii), respectively, and indenting the
                    margins of such clauses, as so redesignated, 6 ems from
                    the left margin.

                          Subtitle D--Energy Security

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

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

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

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

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

    SEC. 333. STUDY ON SOLAR AND WIND ENERGY FOR USE FOR EXPEDITIONARY
                  FORCES.

        (a) Study Required.--The Secretary of Defense shall conduct a study
    to examine the feasibility of using solar and wind energy to provide
    electricity for expeditionary forces.
        (b) Matters Examined.--In conducting the study required by
    subsection (a), the Secretary shall examine, at a minimum, each of the
    following:
                (1) The potential for solar and wind energy to reduce the
            fuel supply needed to provide electricity for expeditionary
            forces and the extent to which such reduction will decrease the
            risk of casualties by reducing the number of convoys needed to
            supply fuel to forward operating locations.
                (2) The cost of using solar and wind energy to provide
            electricity.
                (3) The potential savings of using solar and wind energy to
            provide electricity compared to current methods.
                (4) The environmental benefits of using solar and wind
            energy to provide electricity instead of the current methods.
                (5) The sustainability and operating requirements of solar
            and wind energy systems for providing electricity compared to
            current methods.
                (6) Potential opportunities for experimenting with the use
            of deployable solar and wind energy systems in current training
            environments, including remote areas of training ranges.
        (c) Report.--Not later than 120 days after the date of the
    enactment of this Act, the Secretary shall submit to the congressional
    defense committees a report on the results of the study required by
    subsection (a).

    SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS.

        (a) Study Required.--The Secretary of Defense shall conduct a study
    on alternatives to reduce the life cycle emissions of alternative and
    synthetic fuels (including coal-to-liquid fuels).
        (b) Matters Examined.--The study shall examine, at a minimum, the
    following:
                (1) The potential clean energy alternatives for powering
            the conversion processes, including nuclear, solar, and wind
            energies.
                (2) The alternatives for reducing carbon emissions during
            the conversion processes.
                (3) The military utility of domestically-produced
            alternative and synthetic fuels for military operations and for
            use by expeditionary forces compared with the military utility
            and life cycle emissions of mobile, in-theater synthetic fuel
            processes.
                (4) The goals and progress of the military departments
            related to the research, testing, and certification for use of
            alternative or synthetic fuels in military vehicles and
            aircraft.
                (5) An analysis of trends, levels of investment, and the
            development of refining capacity in the alternative or
            synthetic fuel industry capable of meeting fuel requirements
            for the Department of Defense.
        (c) Use of Federally Funded Research and Development Center.--The
    Secretary of Defense shall select a federally funded research and
    development center to perform the study required by subsection (a).
        (d) Report.--Not later than March 1, 2009, the federally funded
    research and development center shall submit to the congressional
    defense committees and the Secretary of Defense a report on the results
    of the study required by subsection (a).

    SEC. 335. MITIGATION OF POWER OUTAGE RISKS FOR DEPARTMENT OF DEFENSE
                  FACILITIES AND ACTIVITIES.

        (a) Risk Assessment.--The Secretary of Defense shall conduct a
    comprehensive technical and operational risk assessment of the risks
    posed to mission critical installations, facilities, and activities of
    the Department of Defense by extended power outages resulting from
    failure of the commercial electricity supply or grid and related
    infrastructure.
        (b) Risk Mitigation Plans.--
                (1) In general.--The Secretary of Defense shall develop
            integrated prioritized plans to eliminate, reduce, or mitigate
            significant risks identified in the risk assessment under
            subsection (a).
                (2) Additional considerations.--In developing the risk
            mitigation plans under paragraph (1), the Secretary of Defense
            shall--
                        (A) prioritize the mission critical installations,
                    facilities, and activities that are subject to the
                    greatest and most urgent risks; and
                        (B) consider the cost effectiveness of risk
                    mitigation options.
        (c) Annual Report.--
                (1) In general.--The Secretary of Defense shall submit a
            report on the efforts of the Department of Defense to mitigate
            the risks described in subsection (a) as part of the budget
            justification materials submitted to Congress in support of the
            Department of Defense budget for fiscal year 2010 and each
            fiscal year thereafter (as submitted with the budget of the
            President under section 1105(a) of title 31, United States
            Code).
                (2) Content.--Each report submitted under paragraph (1)
            shall describe the integrated prioritized plans developed under
            subsection (b) and the progress made toward achieving the goals
            established under such subsection.

                              Subtitle E--Reports

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

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

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

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

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

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

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

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

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

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

                           Subtitle F--Other Matters

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

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

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

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

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

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

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

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

    SEC. 355. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED.

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

    SEC. 356. TRANSFER OF C-12 AIRCRAFT TO CALIFORNIA DEPARTMENT OF
                  FORESTRY AND FIRE PROTECTION.

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

    SEC. 357. LIMITATION ON TREATMENT OF RETIRED B-52 AIRCRAFT FOR AIR
                  COMBAT COMMAND HEADQUARTERS.

        Section 131(a)(4) of the John Warner National Defense Authorization
    Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2111), as
    amended by section 137(a)(2) of the National Defense Authorization Act
    for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 32), is further
    amended by striking ``may use not more than 2 such aircraft for
    maintenance ground training'' and inserting ``may use not more than 4
    such aircraft for maintenance ground training''.

    SEC. 358. INCREASE OF DOMESTIC BREEDING OF MILITARY WORKING DOGS USED
                  BY THE DEPARTMENT OF DEFENSE.

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

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                           Subtitle A--Active Forces

    Sec. 401. End strengths for active forces.
    Sec. 402. Revision in permanent active duty end strength minimum
                                levels.

                           Subtitle B--Reserve Forces

    Sec. 411. End strengths for Selected Reserve.
    Sec. 412. End strengths for Reserves on active duty in support of the
                                Reserves.
    Sec. 413. End strengths for military technicians (dual status).
    Sec. 414. Fiscal year 2009 limitation on number of non-dual status
                                technicians.
    Sec. 415. Maximum number of reserve personnel authorized to be on
                                active duty for operational support.
    Sec. 416. Additional waiver authority of limitation on number of
                                reserve component members authorized to be
                                on active duty.

                  Subtitle C--Authorization of Appropriations

    Sec. 421. Military personnel.

                           Subtitle A--Active Forces

    SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

        The Armed Forces are authorized strengths for active duty personnel
    as of September 30, 2009, as follows:
                (1) The Army, 532,400.
                (2) The Navy, 326,323.
                (3) The Marine Corps, 194,000.
                (4) The Air Force, 317,050.

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

        Section 691(b) of title 10, United States Code, is amended by
    striking paragraphs (1) through (4) and inserting the following new
    paragraphs:
                ``(1) For the Army, 532,400.
                ``(2) For the Navy, 325,300.
                ``(3) For the Marine Corps, 194,000.
                ``(4) For the Air Force, 317,050.''.

                           Subtitle B--Reserve Forces

    SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

        (a) In General.--The Armed Forces are authorized strengths for
    Selected Reserve personnel of the reserve components as of September
    30, 2009, as follows:
                (1) The Army National Guard of the United States, 352,600.
                (2) The Army Reserve, 205,000.
                (3) The Navy Reserve, 66,700.
                (4) The Marine Corps Reserve, 39,600.
                (5) The Air National Guard of the United States, 106,756.
                (6) The Air Force Reserve, 67,400.
                (7) The Coast Guard Reserve, 10,000.
        (b) End Strength Reductions.--The end strengths prescribed by
    subsection (a) for the Selected Reserve of any reserve component shall
    be proportionately reduced by--
                (1) the total authorized strength of units organized to
            serve as units of the Selected Reserve of such component which
            are on active duty (other than for training) at the end of the
            fiscal year; and
                (2) the total number of individual members not in units
            organized to serve as units of the Selected Reserve of such
            component who are on active duty (other than for training or
            for unsatisfactory participation in training) without their
            consent at the end of the fiscal year.
        (c) End Strength Increases.--Whenever units or individual members
    of the Selected Reserve of any reserve component are released from
    active duty during any fiscal year, the end strength prescribed for
    such fiscal year for the Selected Reserve of such reserve component
    shall be increased proportionately by the total authorized strengths of
    such units and by the total number of such individual members.

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

        Within the end strengths prescribed in section 411(a), the reserve
    components of the Armed Forces are authorized, as of September 30,
    2009, the following number of Reserves to be serving on full-time
    active duty or full-time duty, in the case of members of the National
    Guard, for the purpose of organizing, administering, recruiting,
    instructing, or training the reserve components:
                (1) The Army National Guard of the United States, 32,060.
                (2) The Army Reserve, 16,170.
                (3) The Navy Reserve, 11,099.
                (4) The Marine Corps Reserve, 2,261.
                (5) The Air National Guard of the United States, 14,360.
                (6) The Air Force Reserve, 2,733.

    SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

        The minimum number of military technicians (dual status) as of the
    last day of fiscal year 2009 for the reserve components of the Army and
    the Air Force (notwithstanding section 129 of title 10, United States
    Code) shall be the following:
                (1) For the Army Reserve, 8,395.
                (2) For the Army National Guard of the United States,
            27,210.
                (3) For the Air Force Reserve, 10,003.
                (4) For the Air National Guard of the United States,
            22,452.

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

        (a) Limitations.--
                (1) National guard.--Within the limitation provided in
            section 10217(c)(2) of title 10, United States Code, the number
            of non-dual status technicians employed by the National Guard
            as of September 30, 2009, may not exceed the following:
                        (A) For the Army National Guard of the United
                    States, 1,600.
                        (B) For the Air National Guard of the United
                    States, 350.
                (2) Army reserve.--The number of non-dual status
            technicians employed by the Army Reserve as of September 30,
            2009, may not exceed 595.
                (3) Air force reserve.--The number of non-dual status
            technicians employed by the Air Force Reserve as of September
            30, 2009, may not exceed 90.
        (b) Non-Dual Status Technicians Defined.--In this section, the term
    ``non-dual status technician'' has the meaning given that term in
    section 10217(a) of title 10, United States Code.

    SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
                  ACTIVE DUTY FOR OPERATIONAL SUPPORT.

        During fiscal year 2009, the maximum number of members of the
    reserve components of the Armed Forces who may be serving at any time
    on full-time operational support duty under section 115(b) of title 10,
    United States Code, is the following:
                (1) The Army National Guard of the United States, 17,000.
                (2) The Army Reserve, 13,000.
                (3) The Navy Reserve, 6,200.
                (4) The Marine Corps Reserve, 3,000.
                (5) The Air National Guard of the United States, 16,000.
                (6) The Air Force Reserve, 14,000.

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

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

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

                  Subtitle C--Authorization of Appropriations

    SEC. 421. MILITARY PERSONNEL.

        There is hereby authorized to be appropriated to the Department of
    Defense for military personnel for fiscal year 2009 a total of
    $124,791,336,000. The authorization in the preceding sentence
    supersedes any other authorization of appropriations (definite or
    indefinite) for such purpose for fiscal year 2009.

                       TITLE V--MILITARY PERSONNEL POLICY

                 Subtitle A--Officer Personnel Policy Generally

    Sec. 501. Mandatory separation requirements for regular warrant
                                officers for length of service.
    Sec. 502. Requirements for issuance of posthumous commissions and
                                warrants.
    Sec. 503. Authorized number of general officers on active duty in the
                                Army and Marine Corps, limited exclusion
                                for joint duty requirements, and increase
                                in number of officers serving in grades
                                above major general and rear admiral.
    Sec. 504. Modification of authority on Staff Judge Advocate to the
                                Commandant of the Marine Corps.
    Sec. 505. Eligibility of reserve officers to serve on boards of inquiry
                                for separation of regular officers for
                                substandard performance and other reasons.
    Sec. 506. Delayed authority to alter distribution requirements for
                                commissioned officers on active duty in
                                general officer and flag officer grades and
                                limitations on authorized strengths of
                                general and flag officers on active duty.

                    Subtitle B--Reserve Component Management

    Sec. 511. Extension to other reserve components of Army authority for
                                deferral of mandatory separation of
                                military technicians (dual status) until
                                age 60.
    Sec. 512. Modification of authorized strengths for certain Army
                                National Guard, Marine Corps Reserve, and
                                Air National Guard officers and Army
                                National Guard enlisted personnel serving
                                on full-time reserve component duty.
    Sec. 513. Clarification of authority to consider for a vacancy
                                promotion National Guard officers ordered
                                to active duty in support of a contingency
                                operation.
    Sec. 514. Increase in mandatory retirement age for certain Reserve
                                officers.
    Sec. 515. Age limit for retention of certain Reserve officers on
                                active-status list as exception to removal
                                for years of commissioned service.
    Sec. 516. Authority to retain Reserve chaplains and officers in medical
                                and related specialties until age 68.
    Sec. 517. Modification of authorities on dual duty status of National
                                Guard officers.
    Sec. 518. Study and report regarding Marine Corps personnel policies
                                regarding assignments in Individual Ready
                                Reserve.
    Sec. 519. Report on collection of information on civilian skills of
                                members of the reserve components of the
                                Armed Forces.

             Subtitle C--Joint Qualified Officers and Requirements

    Sec. 521. Joint duty requirements for promotion to general or flag
                                officer.
    Sec. 522. Technical, conforming, and clerical changes to joint
                                specialty terminology.
    Sec. 523. Promotion policy objectives for joint qualified officers.
    Sec. 524. Length of joint duty assignments.
    Sec. 525. Designation of general and flag officer positions on Joint
                                Staff as positions to be held only by
                                reserve component officers.
    Sec. 526. Modification of limitations on authorized strengths of
                                reserve general and flag officers in active
                                status serving in joint duty assignments.
    Sec. 527. Reports on joint education courses available through the
                                Department of Defense.

                    Subtitle D--General Service Authorities

    Sec. 531. Increase in maximum period of reenlistment of regular members
                                of the Armed Forces.
    Sec. 532. Paternity leave for members of the Armed Forces.
    Sec. 533. Pilot programs on career flexibility to enhance retention of
                                members of the Armed Forces.

                       Subtitle E--Education and Training

    Sec. 540. Authorized strength of military service academies and repeal
                                of prohibition on phased increase in
                                midshipmen and cadet strength limit at
                                Naval Academy and Air Force Academy.
    Sec. 541. Promotion of foreign and cultural exchange activities at
                                military service academies.
    Sec. 542. Increased authority to enroll defense industry employees in
                                defense product development program.
    Sec. 543. Expanded authority for institutions of professional military
                                education to award degrees.
    Sec. 544. Tuition for attendance of Federal employees at the United
                                States Air Force Institute of Technology.
    Sec. 545. Increase in number of permanent professors at the United
                                States Air Force Academy.
    Sec. 546. Requirement of completion of service under honorable
                                conditions for purposes of entitlement to
                                educational assistance for reserve
                                component members supporting contingency
                                operations.
    Sec. 547. Consistent education loan repayment authority for health
                                professionals in regular components and
                                Selected Reserve.
    Sec. 548. Increase in number of units of Junior Reserve Officers'
                                Training Corps.
    Sec. 549. Correction of erroneous Army College Fund benefit amounts.
    Sec. 550. Enhancing education partnerships to improve accessibility and
                                flexibility for members of the Armed
                                Forces.

                   Subtitle F--Defense Dependents' Education

    Sec. 551. Continuation of authority to assist local educational
                                agencies that benefit dependents of members
                                of the Armed Forces and Department of
                                Defense civilian employees.
    Sec. 552. Impact aid for children with severe disabilities.
    Sec. 553. Transition of military dependent students among local
                                educational agencies.
    Sec. 554. Calculation of payments for eligible federally connected
                                children under Department of Education's
                                Impact Aid program.

                          Subtitle G--Military Justice

    Sec. 561. Effective period of military protective orders.
    Sec. 562. Mandatory notification of issuance of military protective
                                order to civilian law enforcement.
    Sec. 563. Implementation of information database on sexual assault
                                incidents in the Armed Forces.

            Subtitle H--Decorations, Awards, and Honorary Promotions

    Sec. 571. Replacement of military decorations.
    Sec. 572. Authorization and request for award of Medal of Honor to
                                Richard L. Etchberger for acts of valor
                                during the Vietnam War.

                         Subtitle I--Military Families

    Sec. 581. Presentation of burial flag to the surviving spouse and
                                children of deceased members of the Armed
                                Forces.
    Sec. 582. Education and training opportunities for military spouses.
    Sec. 583. Sense of Congress regarding honor guard details for funerals
                                of veterans.

                           Subtitle J--Other Matters

    Sec. 591. Prohibition on interference in independent legal advice by
                                the Legal Counsel to the Chairman of the
                                Joint Chiefs of Staff.
    Sec. 592. Interest payments on certain claims arising from correction
                                of military records.
    Sec. 593. Extension of limitation on reductions of personnel of
                                agencies responsible for review and
                                correction of military records.
    Sec. 594. Modification of matching fund requirements under National
                                Guard Youth Challenge Program.
    Sec. 595. Military salute for the flag during the national anthem by
                                members of the Armed Forces not in uniform
                                and by veterans.
    Sec. 596. Military Leadership Diversity Commission.
    Sec. 597. Demonstration project on service of retired nurse corps
                                officers as faculty at civilian nursing
                                schools.
    Sec. 598. Report on planning for participation and hosting of the
                                Department of Defense in international
                                sports activities, competitions, and
                                events.

                 Subtitle A--Officer Personnel Policy Generally

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

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

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

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

    SEC. 503. AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE DUTY IN THE
                  ARMY AND MARINE CORPS, LIMITED EXCLUSION FOR JOINT DUTY
                  REQUIREMENTS, AND INCREASE IN NUMBER OF OFFICERS SERVING
                  IN GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.

        (a) Increase in Number of Army General Officers.--Section 526(a)(1)
    of title 10, United States Code, is amended by striking ``302'' and
    inserting ``307''.
        (b) Increase in Number of Marine Corps General Officers.--Section
    526(a)(4) of such title is amended by striking ``80'' and inserting
    ``81''.
        (c) Increase in Exclusion for Joint Duty Requirements.--Section
    526(b)(1) of such title is amended by striking ``12'' and inserting
    ``65''.
        (d) Increase in Number of Officers Serving in Grades Above Major
    General and Rear Admiral.--Section 525 of such title is amended--
                (1) in the first sentence of subsection (a), by striking
            ``that armed force'' and inserting ``the Army or Air Force, or
            more than 51 percent of the general officers of the Marine
            Corps,''; and
                (2) in subsection (b)--
                        (A) in paragraphs (1) and (2)(A), by striking
                    ``16.3 percent'' each place it appears and inserting
                    ``16.4 percent''; and
                        (B) in paragraph (2)(B), by striking ``17.5
                    percent'' and inserting ``19 percent''.
        (e) Acquisition and Contracting Billets.--
                (1) Reservation of army increase.--The increase in the
            number of general officers on active duty in the Army, as
            authorized by the amendment made by subsection (a) is reserved
            for general officers in the Army who serve in an acquisition
            position.
                (2) Reservation of portion of increase in joint duty
            assignments excluded from limitation.--Of the increase in the
            number of general officer and flag officer joint duty
            assignments that may be designated for exclusion from the
            limitations on the number of general officers and flag officers
            on active duty, as authorized by the amendment made by
            subsection (c), five of the designated assignments are reserved
            for general officers or flag officers who serve in an
            acquisition position, including one assignment in the Defense
            Contract Management Agency.

    SEC. 504. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE TO THE
                  COMMANDANT OF THE MARINE CORPS.

        (a) Grade of Staff Judge Advocate to the Commandant of the Marine
    Corps.--Section 5046(a) of title 10, United States Code, is amended by
    striking the last sentence and inserting the following new sentence:
    ``The Staff Judge Advocate to the Commandant of the Marine Corps, while
    so serving, has the grade of major general.''.
        (b) Exclusion From General Officer Distribution Limitations.--
    Section 525(a) of such title, as amended by section 503, is further
    amended--
                (1) by inserting ``(1)'' after ``(a)''; and
                (2) by adding at the end the following new paragraph:
        ``(2) An officer while serving in the position of Staff Judge
    Advocate to the Commandant of the Marine Corps under section 5046 of
    this title is in addition to the number that would otherwise be
    permitted for the Marine Corps for officers in grades above brigadier
    general under the first sentence of paragraph (1).''.

    SEC. 505. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS OF INQUIRY
                  FOR SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD
                  PERFORMANCE AND OTHER REASONS.

        (a) Eligibility.--Section 1187 of title 10, United States Code, is
    amended--
                (1) in subsection (a)--
                        (A) by striking paragraph (2); and
                        (B) by redesignating paragraphs (3) and (4) as
                    paragraphs (2) and (3), respectively; and
                (2) in subsection (b), by striking ``on active duty'' in
            the matter preceding paragraph (1).
        (b) Conforming Amendment.--The heading of subsection (a) of such
    section is amended by striking ``Active Duty Officers'' and inserting
    ``In General''.

    SEC. 506. DELAYED AUTHORITY TO ALTER DISTRIBUTION REQUIREMENTS FOR
                  COMMISSIONED OFFICERS ON ACTIVE DUTY IN GENERAL OFFICER
                  AND FLAG OFFICER GRADES AND LIMITATIONS ON AUTHORIZED
                  STRENGTHS OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.

        (a) Implementation of Special General Officer and Flag Officer
    Authority.--
                (1) Report on proposed implementation.--The Secretary of
            Defense shall submit to the Committees on Armed Forces of the
            Senate and House of Representatives a report, reflecting input
            from the Armed Forces, containing the following:
                        (A) A statement of the total number of validated
                    and required joint duty assignments for general
                    officers and flag officers and the total number of
                    validated assignments for general officers and flag
                    officers required by the Army, Navy, Air Force, and
                    Marine Corps to meet internal (non-joint) requirements.
                        (B) A description of the process used by the
                    Secretary of Defense and the Secretary of the military
                    department concerned to validate joint general officer
                    and flag officer requirements and authorizations under
                    the authority provided by this section and how that
                    process will function to make adjustments (increases
                    and reductions) in the numbers of general officers and
                    flag officers required for joint duty assignments and
                    internal requirements of the Armed Force concerned.
                        (C) A description of how the Secretary of Defense
                    intends to minimize the incremental approaches to
                    increases in the number of general officers and flag
                    officers and the use of exemptions to effect such
                    increases.
                        (D) A description of how the Secretaries of the
                    military departments intend to manage the increase and
                    development of general officer and flag officer
                    positions under the authority provided by this section.
                        (E) An explanation of and rationale for the grade
                    distribution of the general and flag officers in the
                    joint pool authorized by subsection (f)(1).
                        (F) A proposal specifying such legislative changes,
                    including technical and conforming changes, as may be
                    necessary to conform sections 525, 526, and 721 of
                    title 10, United States Code, and such other provisions
                    of such title relating to the management of general
                    officers and flag officers to the authorities provided
                    by this section.
                (2) Time for implementation.--After the end of the one-year
            period beginning on the date on which the Secretary of Defense
            submits the report required by paragraph (1), the Secretary of
            Defense may implement the authorities provided by this section
            regarding the distribution of commissioned officers on active
            duty in general officer and flag officer grades and altering
            the limitations on authorized strengths of general and flag
            officers on active duty.
                (3) Effect of implementation.--After the implementation
            date specified in paragraph (2), the authorities provided by
            this section supersede any requirement of section 525, 526, or
            721 of title 10, United States Code, to the contrary.
        (b) Distribution of General and Flag Officers.--After the
    implementation date specified in subsection (a)(2), no appointment of
    an officer on the active duty list officer may be made--
                (1) in the Army, if that appointment would result in more
            than--
                        (A) 225 officers serving on active duty above the
                    grade of colonel;
                        (B) 7 officers in the grade of general;
                        (C) 45 officers in a grade above the grade of major
                    general; or
                        (D) 90 officers in the grade of major general;
                (2) in the Air Force, if that appointment would result in
            more than--
                        (A) 208 officers serving on active duty in a grade
                    above the grade of colonel;
                        (B) 9 officers in the grade of general;
                        (C) 43 officers in a grade above the grade of major
                    general; or
                        (D) 73 officers in the grade of major general;
                (3) in the Navy, if that appointment would result in more
            than--
                        (A) 160 officers serving on active duty in a grade
                    above the grade of captain;
                        (B) 6 officers in the grade of admiral;
                        (C) 32 officers in a grade above the grade of rear
                    admiral; or
                        (D) 50 officers in the grade of rear admiral; or
                (4) in the Marine Corps, if that appointment would result
            in more than--
                        (A) 60 officers serving on active duty in a grade
                    above the grade of colonel;
                        (B) 2 officers in the grade of general;
                        (C) 15 officers in a grade above the grade of major
                    general; or
                        (D) 22 officers in the grade of major general.
        (c) Exclusion of Certain Officers From Distribution Limits.--
                (1) Joint assignments.--The limitations contained in
            subsection (b) do not apply to officers serving in joint duty
            assignments, as designated by the Secretary of Defense under
            section 526(b) of title 10, United States Code, or this section
            or for officers released from joint duty assignments, but only
            during the 60-day period beginning on the date the officer
            departs the joint duty assignment. Of the officers serving in
            such joint duty assignments--
                        (A) the number of officers in the grade of general
                    or admiral may not exceed 20;
                        (B) the number of officers in a grade above the
                    grade of major general or rear admiral may not exceed
                    68; and
                        (C) the number of officers in the grade of major
                    general or rear admiral may not exceed 144.
                (2) Officers after relief from certain positions.--An
            officer continuing to hold the grade of general or admiral
            under section 601(b)(4) of title 10 United States Code, after
            relief from the position of Chairman of the Joint Chiefs of
            Staff, Chief of Staff of the Army, Chief of Naval Operations,
            Chief of Staff of the Air Force, or Commandant of the Marine
            Corps shall not be counted for purposes of subsection (b).
                (3) Attending physician.--An officer while serving as
            Attending Physician to the Congress is in addition to the
            number that would otherwise be permitted for that officer's
            Armed Force for officers serving on active duty in grades above
            brigadier general or rear admiral (lower half) under subsection
            (b).
                (4) Officers pending retirement or after relief and related
            circumstances.--The following officers shall not be counted for
            purposes of subsection (b):
                        (A) An officer of an Armed Force in the grade of
                    brigadier general or above or, in the case of the Navy,
                    in the grade of rear admiral (lower half) or above, who
                    is on leave pending the retirement, separation, or
                    release of that officer from active duty, but only
                    during the 60-day period beginning on the date of the
                    commencement of such leave of such officer.
                        (B) An officer of an Armed Force who has been
                    relieved from a position designated under section
                    601(a) of title 10, United States Code, and is under
                    orders to assume another such position, but only during
                    the 60-day period beginning on the date on which those
                    orders are published.
        (d) Appointments in Excess of Distribution Limits.--
                (1) Appointment authority.--Subject to paragraph (3), the
            President--
                        (A) may make appointments in the Army, Air Force,
                    and Marine Corps in the grade of lieutenant general and
                    in the Army, Air Force, and Marine Corps in the grade
                    of general in excess of the applicable numbers
                    determined under subsection (b) if each such
                    appointment is made in conjunction with an offsetting
                    reduction under paragraph (2); and
                        (B) may make appointments in the Navy in the grades
                    of vice admiral and admiral in excess of the applicable
                    numbers determined under subsection (b) if each such
                    appointment is made in conjunction with an offsetting
                    reduction under paragraph (2).
                (2) Offsetting reductions.--For each appointment made under
            the authority of paragraph (1) in the Army, Air Force, or
            Marine Corps in the grade of lieutenant general or general or
            in the Navy in the grade of vice admiral or admiral, the number
            of appointments that may be made in the equivalent grade in one
            of the other Armed Forces (other than the Coast Guard) shall be
            reduced by one. When such an appointment is made, the President
            shall specify the Armed Force in which the reduction required
            by this paragraph is to be made.
                (3) Maximum.--The number of officers that may be serving on
            active duty in the grades of lieutenant general and vice
            admiral by reason of appointments made under the authority of
            paragraph (1) may not exceed 15. The number of officers that
            may be serving on active duty in the grades of general and
            admiral by reason of appointments made under the authority of
            paragraph (1) may not exceed 5.
                (4) Duration of reduction.--Upon the termination of the
            appointment of an officer in the grade of lieutenant general or
            vice admiral or general or admiral that was made in connection
            with an increase under paragraph (1) in the number of officers
            that may be serving on active duty in that Armed Force in that
            grade, the reduction made under paragraph (2) in the number of
            appointments permitted in such grade in another Armed Force by
            reason of that increase shall no longer be in effect.
        (e) Authorized Strength Limits for General and Flag Officers on
    Active Duty.--After the implementation date specified in subsection
    (a)(2), the number of general officers on active duty in the Army, Air
    Force, and Marine Corps, and the number of flag officers on active duty
    in the Navy, may not exceed the number specified for the Armed Force
    concerned as follows:
                (1) For the Army, 225.
                (2) For the Navy, 160.
                (3) For the Air Force, 208.
                (4) For the Marine Corps, 60.
        (f) Limited Exclusion for Joint Duty Requirements.--
                (1) Designation of positions.--The Secretary of Defense may
            designate up to 324 general officer and flag officer positions
            that are joint duty assignments for the purposes of chapter 38
            of title 10, United States Code, for exclusion from the
            limitations in subsection (e). The Secretary of Defense will
            allocate these exclusions to the Armed Forces based on the
            number of general or flag officers required from each Armed
            Force for assignment to these designated positions.
                (2) Minimum number of positions.--Unless the Secretary of
            Defense determines that a lower number is in the best interests
            of the United States, the minimum number of officers serving in
            positions designated under paragraph (1) for each Armed Force
            shall be as follows:
                        (A) For the Army, 85.
                        (B) For the Navy, 61.
                        (C) For the Air Force, 76.
                        (D) For the Marine Corps, 21.
        (g) Temporary Exclusion for Assignment to Certain Temporary
    Billets.--The limitations in subsection (e) do not apply to a general
    or flag officer assigned to a temporary joint duty assignment billet
    designated by the Secretary of Defense for purposes of this section. A
    general or flag officer assigned to a temporary joint duty assignment
    as described in this subsection may not be excluded under this
    subsection from the limitations in subsection (e) for a period longer
    than one year.
        (h) Exclusion of Certain Reserve Officers.--
                (1) Distribution limits.--The limitations of subsection (b)
            do not apply to a reserve component general or flag officer who
            is on active duty and serving in billets other than joint duty
            assignments under a call or order specifying a period of not
            longer than two years.
                (2) Authorized strength limits.--The limitations in
            subsection (e) do not apply to a reserve component general or
            flag officer who is on active duty and serving in a position
            that is a joint duty assignment for the purposes of chapter 38
            of title 10, United States Code, for a period not to exceed
            three years.
        (i) Pending or After Joint Duty Assignments.--Upon determination by
    the Secretary of Defense that such action is in the national interest,
    the Secretary may allow the Secretary of a military department to
    exceed the distribution of general and flag officers established under
    subsection (b) and the limitation in subsection (e) for up to one year
    for officers pending assignment to or return from joint duty
    assignments designated under section 526(b) of title 10, United States
    Code, or this section.

                    Subtitle B--Reserve Component Management

    SEC. 511. EXTENSION TO OTHER RESERVE COMPONENTS OF ARMY AUTHORITY FOR
                  DEFERRAL OF MANDATORY SEPARATION OF MILITARY TECHNICIANS
                  (DUAL STATUS) UNTIL AGE 60.

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

    SEC. 512. MODIFICATION OF AUTHORIZED STRENGTHS FOR CERTAIN ARMY
                  NATIONAL GUARD, MARINE CORPS RESERVE, AND AIR NATIONAL
                  GUARD OFFICERS AND ARMY NATIONAL GUARD ENLISTED PERSONNEL
                  SERVING ON FULL-TIME RESERVE COMPONENT DUTY.

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

         ``Army National Guard:

    20,000.........................        1,500           850           325
    22,000.........................        1,650           930           350
    24,000.........................        1,790         1,010           378
    26,000.........................        1,930         1,085           395
    28,000.........................        2,070         1,168           420
    30,000.........................        2,200         1,245           445
    32,000.........................        2,330         1,315           460
    34,000.........................        2,450         1,385           470
    36,000.........................        2,570         1,455           480
    38,000.........................        2,670         1,527           490
    40,000.........................        2,770         1,590           500
    42,000.........................        2,837         1,655           505

        ``Marine Corps Reserve:

    1,000..........................           99            63            20
    1,200..........................          103            67            21
    1,300..........................          107            70            22
    1,400..........................          111            73            23
    1,500..........................          114            76            24
    1,600..........................          117            79            25
    1,700..........................          120            82            26
    1,800..........................          123            85            27
    1,900..........................          126            88            28
    2,000..........................          129            91            29
    2,100..........................          132            94            30
    2,200..........................          134            97            31
    2,300..........................          136           100            32
    2,400..........................          138           103            33
    2,500..........................          140           106            34
    2,600..........................          142           109         35''.

        (b) Air National Guard Officers.--The table in such section is
    further amended by striking the portion of the table relating to the
    Air National Guard and inserting the following:

         ``Air National Guard:

    5,000..........................          333           335           251
    6,000..........................          403           394           260
    7,000..........................          472           453           269
    8,000..........................          539           512           278
    9,000..........................          606           571           287
    10,000.........................          673           665           313
    11,000.........................          740           759           339
    12,000.........................          807           827           353
    13,000.........................          873           886           363
    14,000.........................          939           945           374
    15,000.........................        1,005         1,001           384
    16,000.........................        1,067         1,057           394
    17,000.........................        1,126         1,113           404
    18,000.........................        1,185         1,169           414
    19,000.........................        1,235         1,224           424
    20,000.........................        1,283         1,280        428''.

        (c) Army National Guard Enlisted Personnel.--The table in section
    12012(a) of such title, relating to the number of members of a reserve
    component who may be serving in the grade of E-8 or E-9 given the total
    number of members of that reserve component serving on full-time
    reserve component duty, is amended by striking the portion of the table
    relating to the Army National Guard and inserting the following:

                ``Army National Guard:

    20,000.......................................        1,650           550
    22,000.......................................        1,775           615
    24,000.......................................        1,950           645
    26,000.......................................        2,100           675
    28,000.......................................        2,250           715
    30,000.......................................        2,400           735
    32,000.......................................        2,500           760
    34,000.......................................        2,600           780
    36,000.......................................        2,700           800
    38,000.......................................        2,800           820
    40,000.......................................        2,900           830
    42,000.......................................        3,000        840''.

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

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

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

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

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

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

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

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

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

    SEC. 517. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS OF NATIONAL
                  GUARD OFFICERS.

        (a) Dual Duty Status Authorized for Any Officer on Active Duty.--
    Subsection (a)(2) of section 325 of title 32, United States Code, is
    amended by striking ``in command of a National Guard unit''.
        (b) Advance Authorization and Consent to Dual Duty Status.--Such
    section is further amended--
                (1) by redesignating subsection (b) as subsection (c); and
                (2) by inserting after subsection (a) the following new
            subsection (b):
        ``(b) Advance Authorization and Consent.--The President and the
    Governor of a State or Territory, or of the Commonwealth of Puerto
    Rico, or the commanding general of the District of Columbia National
    Guard, as applicable, may give the authorization or consent required by
    subsection (a)(2) with respect to an officer in advance for the purpose
    of establishing the succession of command of a unit.''.

    SEC. 518. STUDY AND REPORT REGARDING MARINE CORPS PERSONNEL POLICIES
                  REGARDING ASSIGNMENTS IN INDIVIDUAL READY RESERVE.

        (a) Study.--The Secretary of the Navy shall conduct a study to
    analyze the policies and procedures used by the Marine Corps Reserve
    during fiscal years 2001 through 2008 to govern the assignment of
    members of the Marine Corps Reserve in the Individual Ready Reserve.
        (b) Elements.--The study shall contain, at a minimum, the following
    elements:
                (1) A summary of the actual policies and procedures used to
            assign members of the Marine Corps Reserve to the Individual
            Ready Reserve and to remove members from the Individual Ready
            Reserve, to include the grade and authority of the official
            responsible for making the decision regarding the assignment.
                (2) The number of members of the Marine Corps Reserve
            assigned to the Individual Ready Reserve during fiscal years
            2001 through 2008.
                (3) The number of members of the Marine Corps Reserve who
            spent less than 12 months in the Individual Ready Reserve
            during fiscal years 2001 through 2008, categorized by the
            reason provided for assigning the members to the Individual
            Ready Reserve.
                (4) The impact of assigning a member of the Marine Corps
            Reserve to the Individual Ready Reserve on the eligibility of
            the member for health care coverage under TRICARE.
                (5) The policies and procedures used to account for members
            of the Marine Corps Reserve who are excess to a unit's
            authorization document, to include members selected for
            promotion or command who have not yet been promoted or assumed
            duties as officers in command.
                (6) Recommendations for improvements to policies and
            procedures used to assign members of the Marine Corps Reserve
            to the Individual Ready Reserve and to remove members from the
            Individual Ready Reserve.
        (c) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of the Navy shall submit to the
    Committee on Armed Services of the Senate and House of Representatives
    a report containing the results of the study.

    SEC. 519. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN SKILLS OF
                  MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES.

        Not later than March 1, 2009, the Secretary of Defense shall submit
    to the congressional defense committees a report on the feasibility and
    advisability, utility, and cost effectiveness of the following:
                (1) The collection by the Department of Defense of
            information on the civilian skills, qualifications, and
            professional certifications of members of the reserve
            components of the Armed Forces that are relevant to military
            manpower requirements.
                (2) The establishment by each military department, and by
            the Department of Defense generally, of a system that would
            match billets and personnel requirements with members of the
            reserve components of the Armed Forces who have skills,
            qualifications, and certifications relevant to such billets and
            requirements.
                (3) The establishment by the Department of Defense of one
            or more systems accessible by private employers who employ
            individuals with skills, qualifications, and certifications
            possessed by members of the reserve components of the Armed
            Forces to assist such employers in hiring and employing such
            members.
                (4) Actions to ensure that employment information collected
            for and maintained in the Civilian Employment Information
            database of the Department of Defense is current and accurate.
                (5) Actions to incorporate any matter determined feasible
            and advisable under paragraphs (1) through (4) into the Defense
            Integrated Military Human Resources System.

             Subtitle C--Joint Qualified Officers and Requirements

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

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

    ``619a. Eligibility for consideration for promotion: designation as
                                joint qualified officer required before
                                promotion to general or flag grade;
                                exceptions.''.

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

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

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

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

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

        Section 662 of title 10, United States Code, is amended--
                (1) in subsection (a)(2), by striking ``officers who are
            serving or have served in joint duty assignments'' and
            inserting ``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''; and
                (2) in subsection (b), by inserting after ``joint duty
            assignments'' the following: ``or on the Joint Staff, and
            officers who have been designated as a joint qualified officer
            in the grades of major (or in the case of the Navy, lieutenant
            commander) through colonel (or in the case of the Navy,
            captain)''.

    SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.

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

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

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

    SEC. 526. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF
                  RESERVE GENERAL AND FLAG OFFICERS IN ACTIVE STATUS
                  SERVING IN JOINT DUTY ASSIGNMENTS.

        (a) Exclusion of army and Air Force Officers Serving in Joint Duty
    Assignments.--Subsection (b) of section 12004 of title 10, United
    States Code, is amended by adding at the end the following new
    paragraph;
                ``(4) Those serving in a joint duty assignment for purposes
            of chapter 38 of this title, except that the number of officers
            who may be excluded under this paragraph may not exceed the
            number equal to 20 percent of the number of officers authorized
            for the armed force concerned by subsection (a).''.
        (b) Exclusion of Navy Officers Serving in Joint Duty Assignments.--
    Subsection (c) of such section is amended--
                (1) by redesignating paragraphs (2), (3), and (4) as
            paragraphs (3), (4), and (5), respectively; and
                (2) in paragraph (1), by striking ``(1)'' and all that
            follows through ``as follows:'' and inserting the following:
        ``(1) The following Navy reserve officers shall not be counted for
    purposes of this section:
                ``(A) Those counted under section 526 of this title.
                ``(B) Those serving in a joint duty assignment for purposes
            of chapter 38 of this title, except that the number of officers
            who may be excluded under this paragraph may not exceed the
            number equal to 20 percent of the number of officers authorized
            for the Navy in subsection (a).
        ``(2) Of the number of Navy reserve officers authorized by
    subsection (a), 40 are distributed among the line and staff corps as
    follows:''.
        (c) Exclusion of Marine Corps Officers Serving in Joint Duty
    Assignments.--Subsection (d) of such section is amended to read as
    follows:
        ``(d) The following Marine Corps reserve officers shall not be
    counted for purposes of this section:
                ``(1) Those counted under section 526 of this title.
                ``(2) Those serving in a joint duty assignment for purposes
            of chapter 38 of this title, except that the number of officers
            who may be excluded under this paragraph may not exceed the
            number equal to 20 percent of the number of officers authorized
            for the Marine Corps in subsection (a).''.

    SEC. 527. REPORTS ON JOINT EDUCATION COURSES AVAILABLE THROUGH THE
                  DEPARTMENT OF DEFENSE.

        (a) Reports Required.--Not later than April 1 of each of 2009,
    2010, and 2011, the Chairman of the Joint Chiefs of Staff shall submit
    to Congress a report setting forth information on the joint education
    courses available through the Department of Defense for purposes of the
    pursuit of joint careers by officers in the Armed Forces.
        (b) Elements.--Each report under subsection (a) shall include, for
    the preceding year covered by the report, the following:
                (1) A list and description of the joint education courses
            available during the year covered by the report.
                (2) A list and description of the joint education courses
            listed under paragraph (1) that are available to, and may be
            completed by, officers of the reserve components of the Armed
            Forces in other than an in-resident duty status under title 10
            or 32, United States Code.
                (3) For each joint education course listed under paragraph
            (1), the number of officers from each Armed Force who pursued
            the course during the year covered by the report, including the
            number of officers of the Army National Guard and Air National
            Guard who pursued the course.

                    Subtitle D--General Service Authorities

    SEC. 531. INCREASE IN MAXIMUM PERIOD OF REENLISTMENT OF REGULAR MEMBERS
                  OF THE ARMED FORCES.

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

    SEC. 532. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES.

        (a) Leave Authorized.--Section 701 of title 10, United States Code,
    is amended by adding at the end the following new subsection:
        ``(j)(1) Under regulations prescribed by the Secretary concerned, a
    married member of the armed forces on active duty whose wife gives
    birth to a child shall receive 10 days of leave to be used in
    connection with the birth of the child.
        ``(2) Leave under paragraph (1) is in addition to other leave
    authorized under this section.''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    take effect on the date of the enactment of this Act and applies only
    with respect to children born on or after that date.

    SEC. 533. PILOT PROGRAMS ON CAREER FLEXIBILITY TO ENHANCE RETENTION OF
                  MEMBERS OF THE ARMED FORCES.

        (a) Pilot Programs Authorized.--
                (1) In general.--Each Secretary of a military department
            may carry out pilot programs under which officers and enlisted
            members of the regular components of the Armed Forces under the
            jurisdiction of such Secretary may be inactivated from active
            duty in order to meet personal or professional needs and
            returned to active duty at the end of such period of
            inactivation from active duty.
                (2) Purpose.--The purpose of the pilot programs under this
            section shall be to evaluate whether permitting inactivation
            from active duty and greater flexibility in career paths for
            members of the Armed Forces will provide an effective means to
            enhance retention of members of the Armed Forces and the
            capacity of the Department of Defense to respond to the
            personal and professional needs of individual members of the
            Armed Forces.
        (b) Limitation on Eligible Members.--A member of the Armed Forces
    is not eligible to participate in a pilot program under this section
    during any period of service required of the member--
                (1) under an agreement upon entry of the member on active
            duty; or
                (2) due to receipt by the member of a retention bonus as a
            member qualified in a critical military skill or assigned to a
            high priority unit under section 355 of title 37, United States
            Code.
        (c) Limitation on Number of Participants.--Not more than 20
    officers and 20 enlisted members of each Armed Force may be selected
    during each of calendar years 2009 through 2012 to participate in the
    pilot programs under this section.
        (d) Period of Inactivation From Active Duty; Effect of
    Inactivation.--
                (1) Limitation.--The period of inactivation from active
            duty under a pilot program under this section of a member
            participating in the pilot program shall be such period as the
            Secretary of the military department concerned shall specify in
            the agreement of the member under subsection (e), except that
            such period may not exceed three years.
                (2) Exclusion from computation of reserve officer's total
            years of service.--Any service by a Reserve officer while
            participating in a pilot program under this section shall be
            excluded from computation of the officer's total years of
            service pursuant to section 14706(a) of title 10, United States
            Code.
                (3) Retirement and related purposes.--Any period of
            participation of a member in a pilot program under this section
            shall not count toward--
                        (A) eligibility for retirement or transfer to the
                    Ready Reserve under either chapter 571 or 1223 of title
                    10, United States Code; or
                        (B) computation of retired or retainer pay under
                    chapter 71 or 1223 of title 10, United States Code.
        (e) Agreement.--Each member of the Armed Forces who participates in
    a pilot program under this section shall enter into a written agreement
    with the Secretary of the military department concerned under which
    agreement that member shall agree as follows:
                (1) To accept an appointment or enlist, as applicable, and
            serve in the Ready Reserve of the Armed Force concerned during
            the period of the member's inactivation from active duty under
            the pilot program.
                (2) To undergo during the period of the inactivation of the
            member from active duty under the pilot program such inactive
            duty training as the Secretary concerned shall require in order
            to ensure that the member retains proficiency, at a level
            determined by the Secretary concerned to be sufficient, in the
            member's military skills, professional qualifications, and
            physical readiness during the inactivation of the member from
            active duty.
                (3) Following completion of the period of the inactivation
            of the member from active duty under the pilot program, to
            serve two months as a member of the Armed Forces on active duty
            for each month of the period of the inactivation of the member
            from active duty under the pilot program.
        (f) Conditions of Release.--The Secretary of Defense shall issue
    regulations specifying the guidelines regarding the conditions of
    release that must be considered and addressed in the agreement required
    by subsection (e). At a minimum, the Secretary shall prescribe the
    procedures and standards to be used to instruct a member on the
    obligations to be assumed by the member under paragraph (2) of such
    subsection while the member is released from active duty.
        (g) Order to Active Duty.--Under regulations prescribed by the
    Secretary of the military department concerned, a member of the Armed
    Forces participating in a pilot program under this section may, in the
    discretion of such Secretary, be required to terminate participation in
    the pilot program and be ordered to active duty.
        (h) Pay and Allowances.--
                (1) Basic pay.--During each month of participation in a
            pilot program under this section, a member who participates in
            the pilot program shall be paid basic pay in an amount equal to
            two-thirtieths of the amount of monthly basic pay to which the
            member would otherwise be entitled under section 204 of title
            37, United States Code, as a member of the uniformed services
            on active duty in the grade and years of service of the member
            when the member commences participation in the pilot program.
                (2) Prohibition on receipt of special and incentive pays.--
                        (A) Prohibition on receipt during participation.--A
                    member who participates in a pilot program shall not,
                    while participating in the pilot program, be paid any
                    special or incentive pay or bonus to which the member
                    is otherwise entitled under an agreement under chapter
                    5 of title 37, United States Code, that is in force
                    when the member commences participation in the pilot
                    program.
                        (B) Treatment of required service.--The
                    inactivation from active duty of a member participating
                    in a pilot program shall not be treated as a failure of
                    the member to perform any period of service required of
                    the member in connection with an agreement for a
                    special or incentive pay or bonus under chapter 5 of
                    title 37, United States Code, that is in force when the
                    member commences participation in the pilot program.
                (3) Revival of special pays upon return to active duty.--
                        (A) Revival required.--Subject to subparagraph (B),
                    upon the return of a member to active duty after
                    completion by the member of participation in a pilot
                    program--
                                (i) any agreement entered into by the
                            member under chapter 5 of title 37, United
                            States Code, for the payment of a special or
                            incentive pay or bonus that was in force when
                            the member commenced participation in the pilot
                            program shall be revived, with the term of such
                            agreement after revival being the period of the
                            agreement remaining to run when the member
                            commenced participation in the pilot program;
                            and
                                (ii) any special or incentive pay or bonus
                            shall be payable to the member in accordance
                            with the terms of the agreement concerned for
                            the term specified in clause (i).
                        (B) Limitations.--
                                (i) Limitation at time of return to active
                            duty.--Subparagraph (A) shall not apply to any
                            special or incentive pay or bonus otherwise
                            covered by that subparagraph with respect to a
                            member if, at the time of the return of the
                            member to active duty as described in that
                            subparagraph--
                                        (I) such pay or bonus is no longer
                                    authorized by law; or
                                        (II) the member does not satisfy
                                    eligibility criteria for such pay or
                                    bonus as in effect at the time of the
                                    return of the member to active duty.
                                (ii) Cessation during later service.--
                            Subparagraph (A) shall cease to apply to any
                            special or incentive pay or bonus otherwise
                            covered by that subparagraph with respect to a
                            member if, during the term of the revived
                            agreement of the member under subparagraph
                            (A)(i), such pay or bonus ceases being
                            authorized by law.
                        (C) Repayment.--A member who is ineligible for
                    payment of a special or incentive pay or bonus
                    otherwise covered by this paragraph by reason of
                    subparagraph (B)(i)(II) shall be subject to the
                    requirements for repayment of such pay or bonus in
                    accordance with the terms of the applicable agreement
                    of the member under chapter 5 of title 37, United
                    States Code.
                        (D) Construction of required service.--Any service
                    required of a member under an agreement covered by this
                    paragraph after the member returns to active duty as
                    described in subparagraph (A) shall be in addition to
                    any service required of the member under an agreement
                    under subsection (e).
                (4) Certain travel and transportation allowances.--
                        (A) In general.--Subject to subparagraph (B), a
                    member who participates in a pilot program is entitled,
                    while participating in the pilot program, to the travel
                    and transportation allowances authorized by section 404
                    of title 37, United States Code, for--
                                (i) travel performed from the member's
                            residence, at the time of release from active
                            duty to participate in the pilot program, to
                            the location in the United States designated by
                            the member as his residence during the period
                            of participation in the pilot program; and
                                (ii) travel performed to the member's
                            residence upon return to active duty at the end
                            of the member's participation in the pilot
                            program.
                        (B) Limitation.--An allowance is payable under this
                    paragraph only with respect to travel of a member to
                    and from a single residence.
        (i) Promotion.--
                (1) Officers.--
                        (A) Limitation on promotion.--An officer
                    participating in a pilot program under this section
                    shall not, while participating in the pilot program, be
                    eligible for consideration for promotion under chapter
                    36 or 1405 of title 10, United States Code.
                        (B) Promotion and rank upon return to active
                    duty.--Upon the return of an officer to active duty
                    after completion by the officer of participation in a
                    pilot program--
                                (i) the Secretary of the military
                            department concerned shall adjust the officer's
                            date of rank in such manner as the Secretary of
                            Defense shall prescribe in regulations for
                            purposes of this section; and
                                (ii) the officer shall be eligible for
                            consideration for promotion when officers of
                            the same competitive category, grade, and
                            seniority are eligible for consideration for
                            promotion.
                (2) Enlisted members.--An enlisted member participating in
            a pilot program shall not be eligible for consideration for
            promotion during the period that--
                        (A) begins on the date of the member's inactivation
                    from active duty under the pilot program; and
                        (B) ends at such time after the return of the
                    member to active duty under the pilot program that the
                    member is treatable as eligible for promotion by reason
                    of time in grade and such other requirements as the
                    Secretary of the military department concerned shall
                    prescribe in regulations for purposes of the pilot
                    program.
        (j) Medical and Dental Care.--A member participating in a pilot
    program under this section shall, while participating in the pilot
    program, be treated as a member of the Armed Forces on active duty for
    a period of more than 30 days for purposes of the entitlement of the
    member and the member's dependents to medical and dental care under the
    provisions of chapter 55 of title 10, United States Code.
        (k) Reports.--
                (1) Interim reports.--Not later than June 1, 2011, and June
            1, 2013, the Secretary of each military department shall submit
            to the congressional defense committees a report on the
            implementation and current status of the pilot programs
            conducted by such Secretary under this section.
                (2) Final report.--Not later than March 1, 2016, the
            Secretary of Defense shall submit to the congressional defense
            committees a report on the pilot programs conducted under this
            section.
                (3) Elements of report.--Each interim report and the final
            report under this subsection shall include the following:
                        (A) A description of each pilot program conducted
                    under this section, including a description of the
                    number of applicants for such pilot program and the
                    criteria used to select individuals for participation
                    in such pilot program.
                        (B) An assessment by the Secretary concerned of the
                    pilot programs, including an evaluation of whether--
                                (i) the authorities of the pilot programs
                            provided an effective means to enhance the
                            retention of members of the Armed Forces
                            possessing critical skills, talents, and
                            leadership abilities;
                                (ii) the career progression in the Armed
                            Forces of individuals who participate in the
                            pilot program has been or will be adversely
                            affected; and
                                (iii) the usefulness of the pilot program
                            in responding to the personal and professional
                            needs of individual members of the Armed
                            Forces.
                        (C) Such recommendations for legislative or
                    administrative action as the Secretary concerned
                    considers appropriate for the modification or
                    continuation of the pilot programs.
        (l) Duration of Program Authority.--The authority to conduct a
    pilot program under this section shall commence on January 1, 2009. No
    member of the Armed Forces may be released from active duty under a
    pilot program under this section after December 31, 2012.

                       Subtitle E--Education and Training

    SEC. 540. AUTHORIZED STRENGTH OF MILITARY SERVICE ACADEMIES AND REPEAL
                  OF PROHIBITION ON PHASED INCREASE IN MIDSHIPMEN AND CADET
                  STRENGTH LIMIT AT NAVAL ACADEMY AND AIR FORCE ACADEMY.

        (a) Military Academy.--Section 4342(a) of title 10, United States
    Code, is amended by striking ``4,000 or such higher number'' and
    inserting ``4,400 or such lower number''.
        (b) Naval Academy.--Section 6954 of such title is amended--
                (1) in subsection (a), by striking ``4,000 or such higher
            number'' and inserting ``4,400 or such lower number''; and
                (2) in subsection (h)(1), by striking the last sentence.
        (c) Air Force Academy.--Section 9342 of such title is amended--
                (1) in subsection (a), by striking ``4,000 or such higher
            number'' and inserting ``4,400 or such lower number''; and
                (2) in subsection (j)(1), by striking the last sentence.
        (d) Effective Date.--The amendments made by this section shall
    apply with respect to academic years at the United States Military
    Academy, the United States Naval Academy, and the Air Force Academy
    after the 2007-2008 academic year.

    SEC. 541. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE ACTIVITIES AT
                  MILITARY SERVICE ACADEMIES.

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

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

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

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

    SEC. 542. INCREASED AUTHORITY TO ENROLL DEFENSE INDUSTRY EMPLOYEES IN
                  DEFENSE PRODUCT DEVELOPMENT PROGRAM.

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

    SEC. 543. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL MILITARY
                  EDUCATION TO AWARD DEGREES.

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

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

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

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

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

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

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

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

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

    ``9317. Degree granting authority for Air University.''.
        (j) Effective Date.--The amendments made by this section shall
    apply to any degree granting authority established, modified, or
    redesignated on or after the date of enactment of this Act for an
    institution of professional military education referred to in such
    amendments.

    SEC. 544. TUITION FOR ATTENDANCE OF FEDERAL EMPLOYEES AT THE UNITED
                  STATES AIR FORCE INSTITUTE OF TECHNOLOGY.

        Subsection (e) of section 9314 of title 10, United States Code, as
    amended by section 543(h), is further amended by adding at the end the
    following new paragraphs:
        ``(4)(A) The Institute shall charge tuition for the cost of
    providing instruction at the Institute for any civilian employee of a
    military department (other than a civilian employee of the Department
    of the Air Force), of another component of the Department of Defense,
    or of another Federal agency who receives instruction at the Institute.
        ``(B) The cost of any tuition charged an individual under this
    paragraph shall be borne by the department, agency, or component
    sending the individual for instruction at the Institute.
        ``(5) Amounts received by the Institute for the instruction of
    students under this subsection shall be retained by the Institute. Such
    amounts shall be available to the Institute to cover the costs of such
    instruction. The source and disposition of such amounts shall be
    specifically identified in the records of the Institute.''.

    SEC. 545. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED
                  STATES AIR FORCE ACADEMY.

        Section 9331(b)(4) of title 10, United States Code, is amended by
    striking ``21 permanent professors'' and inserting ``23 permanent
    professors''.

    SEC. 546. REQUIREMENT OF COMPLETION OF SERVICE UNDER HONORABLE
                  CONDITIONS FOR PURPOSES OF ENTITLEMENT TO EDUCATIONAL
                  ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING
                  CONTINGENCY OPERATIONS.

        (a) Requirement of Honorable Service.--Section 16164(a)(2) of title
    10, United States Code, is amended by striking ``other than
    dishonorable conditions'' and inserting ``honorable conditions''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    take effect on the date of the enactment of this Act and shall apply to
    a person described in section 16163 of title 10, United States Code,
    who--
                (1) separates from a reserve component on or after January
            28, 2008, the date of the enactment of the National Defense
            Authorization Act for Fiscal Year 2008; and
                (2) as of the date of the enactment of this Act, has not
            used any of the person's entitlement to educational assistance
            under chapter 1607 of such title.

    SEC. 547. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY FOR HEALTH
                  PROFESSIONALS IN REGULAR COMPONENTS AND SELECTED RESERVE.

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

    SEC. 548. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE OFFICERS'
                  TRAINING CORPS.

        (a) Plan for Increase.--The Secretary of Defense, in consultation
    with the Secretaries of the military departments, shall develop and
    implement a plan to establish and support, not later than September 30,
    2020, not less than 3,700 units of the Junior Reserve Officers'
    Training Corps.
        (b) Exceptions.--The requirement imposed in subsection (a) shall
    not apply--
                (1) if the Secretary fails to receive an adequate number or
            requests for Junior Reserve Officers' Training Corps units by
            public and private secondary educational institutions; or
                (2) during a time of national emergency when the
            Secretaries of the military departments determine that funding
            must be allocated elsewhere.
        (c) Cooperation.--The Secretary of Defense, as part of the plan to
    establish and support additional Junior Reserve Officers' Training
    Corps units, shall work with local educational agencies to increase the
    employment in Junior Reserve Officers' Training Corps units of retired
    members of the Armed Forces who are retired under chapter 61 of title
    10, United States Code, especially members who were wounded or injured
    while deployed in a contingency operation.
        (d) Report on Plan.--Upon completion of the plan, the Secretary of
    Defense shall provide a report to the congressional defense committees
    containing, at a minimum, the following:
                (1) A description of how the Secretaries of the military
            departments expect to achieve the number of units of the Junior
            Reserve Officers' Training Corps specified in subsection (a),
            including how many units will be established per year by each
            service.
                (2) The annual funding necessary to support the increase in
            units, including the personnel costs associated.
                (3) The number of qualified private and public schools, if
            any, who have requested a Junior Reserve Officers' Training
            Corps unit that are on a waiting list.
                (4) Efforts to improve the increased distribution of units
            geographically across the United States.
                (5) Efforts to increase distribution of units in
            educationally and economically deprived areas.
                (6) Efforts to enhance employment opportunities for
            qualified former military members retired for disability,
            especially those wounded while deployed in a contingency
            operation.
        (e) Time for Submission.--The plan required under subsection (a),
    along with the report required by subsection (d), shall be submitted to
    the congressional defense committees not later than March 31, 2009. The
    Secretary of Defense shall submit an up-dated report annually
    thereafter until the minimum number of units of the Junior Reserve
    Officers' Training Corps specified in subsection (a) is achieved.

    SEC. 549. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT AMOUNTS.

        (a) Correction and Payment Authority.--
                (1) Consideration of requests for correction.--The
            Secretary of the Army may consider, through the Army Board for
            the Correction of Military Records, a request for the
            correction of military records relating to the amount of the
            Army College Fund benefit to which a member or former member of
            the Armed Forces may be entitled under an Army Incentive
            Program contract.
                (2) Payment authority.--If the Secretary of the Army
            determines that the correction of military records is
            appropriate in response to a request received under paragraph
            (1), the Secretary may pay such amounts as the Secretary
            considers necessary to ensure fairness and equity with regard
            to the request.
        (b) Exception to Payment Limits.--A payment under subsection (a)(2)
    may be made without regard to any limits on the total combined amounts
    established for the Army College Fund and the Montgomery G.I. Bill.
        (c) Funding Source.--Payments under subsection (a)(2) shall be made
    solely from funds appropriated for military personnel programs for
    fiscal year 2009.
        (d) Termination Date.--No payment may be made under subsection
    (a)(2) after December 31, 2009.

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

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

                   Subtitle F--Defense Dependents' Education

    SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
                  AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
                  FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

        (a) Assistance to Schools With Significant Numbers of Military
    Dependent Students.--Of the amount authorized to be appropriated for
    fiscal year 2009 pursuant to section 301(5) for operation and
    maintenance for Defense-wide activities, $35,000,000 shall be available
    only for the purpose of providing assistance to local educational
    agencies under subsection (a) of section 572 of the National Defense
    Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
    3271; 20 U.S.C. 7703b).
        (b) Assistance to Schools With Enrollment Changes Due to Base
    Closures, Force Structure Changes, or Force Relocations.--Of the amount
    authorized to be appropriated for fiscal year 2009 pursuant to section
    301(5) for operation and maintenance for Defense-wide activities,
    $15,000,000 shall be available only for the purpose of providing
    assistance to local educational agencies under subsection (b) of such
    section 572.
        (c) Local Educational Agency Defined.--In this section, the term
    ``local educational agency'' has the meaning given that term in section
    8013(9) of the Elementary and Secondary Education Act of 1965 (20
    U.S.C. 7713(9)).

    SEC. 552. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

        Of the amount authorized to be appropriated for fiscal year 2009
    pursuant to section 301(5) for operation and maintenance for Defense-
    wide activities, $5,000,000 shall be available for payments under
    section 363 of the Floyd D. Spence National Defense Authorization Act
    for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
    Stat. 1654A-77; 20 U.S.C. 7703a).

    SEC. 553. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL
                  EDUCATIONAL AGENCIES.

        Subsection (d) of section 574 of the John Warner National Defense
    Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
    2227; 20 U.S.C. 7703b note) is amended to read as follows:
        ``(d) Transition of Military Dependents Among Local Educational
    Agencies.--(1) The Secretary of Defense shall work collaboratively with
    the Secretary of Education in any efforts to ease the transitions of
    military dependent students from Department of Defense dependent
    schools to other schools and among schools of local educational
    agencies.
        ``(2) The Secretary of Defense may use funds of the Department of
    Defense Education Activity for the following purposes:
                ``(A) To share expertise and experience of the Activity
            with local educational agencies as military dependent students
            make the transitions described in paragraph (1), including
            transitions resulting from the closure or realignment of
            military installations under a base closure law, global
            rebasing, and force restructuring.
                ``(B) To provide programs for local educational agencies
            with military dependent students undergoing the transitions
            described in paragraph (1), including--
                        ``(i) distance learning programs; and
                        ``(ii) training programs to improve the ability of
                    military dependent students who attend public schools
                    in the United States and their teachers to meet the
                    educational needs of such students.
        ``(3) The authority provided by this subsection expires September
    30, 2013.''.

    SEC. 554. CALCULATION OF PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
                  CHILDREN UNDER DEPARTMENT OF EDUCATION'S IMPACT AID
                  PROGRAM.

         In fiscal year 2009, section 8003(a)(2)(C)(i) of the Elementary
    and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) shall
    be applied by substituting ``5,000'' for ``6,500''.

                          Subtitle G--Military Justice

    SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.

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

    ``SEC. 1567. DURATION OF MILITARY PROTECTIVE ORDERS.

        ``A military protective order issued by a military commander shall
    remain in effect until such time as the military commander terminates
    the order or issues a replacement order.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by adding at the end the following new item:

    ``1567. Duration of military protective orders.''.

    SEC. 562. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE
                  ORDER TO CIVILIAN LAW ENFORCEMENT.

        (a) In General.--Chapter 80 of title 10, United States Code, is
    amended by inserting after section 1567, as added by section 561, the
    following new section:

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

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

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

    SEC. 563. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL ASSAULT
                  INCIDENTS IN THE ARMED FORCES.

        (a) Database Required.--The Secretary of Defense shall implement a
    centralized, case-level database for the collection, in a manner
    consistent with Department of Defense regulations for restricted
    reporting, and maintenance of information regarding sexual assaults
    involving a member of the Armed Forces, including information, if
    available, about the nature of the assault, the victim, the offender,
    and the outcome of any legal proceedings in connection with the
    assault.
        (b) Availability of Database.--The database required by subsection
    (a) shall be available to personnel of the Sexual Assault Prevention
    and Response Office of the Department of Defense.
        (c) Implementation.--
                (1) Plan for implementation.--Not later than 90 days after
            the date of the enactment of this Act, the Secretary of Defense
            shall submit to the congressional defense committees a plan to
            provide for the implementation of the database required by
            subsection (a).
                (2) Relation to defense incident-based reporting system.--
            Not later than 180 days after the date of enactment of this
            Act, the Secretary of Defense shall submit to the Committees on
            Armed Services of the Senate and House of Representatives a
            report containing--
                        (A) a description of the current status of the
                    Defense Incident-Based Reporting System; and
                        (B) an explanation of how the Defense Incident-
                    Based Reporting System will relate to the database
                    required by subsection (a)
                (3) Completion.--Not later than 15 months after the date of
            enactment of this Act, the Secretary shall complete
            implementation of the database required by subsection (a).
        (d) Reports.--The database required by subsection (a) shall be used
    to develop and implement congressional reports, as required by--
                (1) section 577(f) of the Ronald W. Reagan National Defense
            Authorization Act for Fiscal Year 2005 (Public Law 108-375);
                (2) section 596(c) of the National Defense Authorization
            Act for Fiscal Year 2006 (Public Law 109-163);
                (3) section 532 of the John Warner National Defense
            Authorization Act for Fiscal Year 2007 (Public Law 109-364);
            and
                (4) sections 4361, 6980, and 9361 of title 10, United
            States Code.
        (e) Terminology.--Section 577(b) of the Ronald W. Reagan National
    Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) is
    amended by adding at the end the following new paragraph:
                ``(12) The Secretary shall implement clear, consistent, and
            streamlined sexual assault terminology for use throughout the
            Department of Defense.''.

            Subtitle H--Decorations, Awards, and Honorary Promotions

    SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.

        (a) Replacement Required.--Chapter 57 of title 10, United States
    Code, is amended by adding at the end the following new section:
    ``Sec. 1135. Replacement of military decorations
        ``(a) Replacement.--In addition to other authorities available to
    the Secretary concerned to replace a military decoration, the Secretary
    concerned shall replace, on a one-time basis and without charge, a
    military decoration upon the request of the recipient of the military
    decoration or the immediate next of kin of a deceased recipient.
        ``(b) Military Decoration Defined.--In this section, the term
    `decoration' means any decoration or award (other than the medal of
    honor) that may be presented or awarded by the President or the
    Secretary concerned to a member of the armed forces.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by adding at the end the following new item:

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

    SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
                  RICHARD L. ETCHBERGER FOR ACTS OF VALOR DURING THE
                  VIETNAM WAR.

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

                         Subtitle I--Military Families

    SEC. 581. PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE AND
                  CHILDREN OF DECEASED MEMBERS OF THE ARMED FORCES.

        (a) Inclusion of Surviving Spouse and Children; Consolidation of
    Flag-Related Authorities.--Subsection (e) of section 1482 of title 10,
    United States Code, is amended--
                (1) by designating the current text as paragraph (2) and
            redesignating current paragraphs (1) and (2) as subparagraphs
            (A) and (B), respectively;
                (2) by inserting before paragraph (2), as so designated,
            the following:
        ``(e) Presentation of Flag of the United States.--(1) In the case
    of a decedent covered by section 1481 of this title, the Secretary
    concerned may pay the necessary expenses for the presentation of a flag
    of the United States to the following persons:
                ``(A) The person designated under subsection (c) to direct
            disposition of the remains of the decedent.
                ``(B) The parents or parent of the decedent, if the person
            to be presented a flag under subparagraph (A) is other than a
            parent of the decedent.
                ``(C) The surviving spouse of the decedent (including a
            surviving spouse who remarries after the decedent's death), if
            the person to be presented a flag under subparagraph (A) is
            other than the surviving spouse.
                ``(D) Each child of the decedent, regardless of whether the
            person to be presented a flag under subparagraph (A) is a child
            of the decedent.''; and
                (3) by inserting at the end the following new paragraphs:
        ``(3) A flag to be presented to a person under subparagraph (B),
    (C), or (D) of paragraph (1) shall be of equal size to the flag
    presented under subparagraph (A) of such paragraph to the person
    designated to direct disposition of the remains of the decedent.
        ``(4) This subsection does not apply to a military prisoner who
    dies while in the custody of the Secretary concerned and while under a
    sentence that includes a discharge.
        ``(5) In this subsection:
                ``(A) The term `parent' includes a natural parent, a
            stepparent, a parent by adoption, or a person who for a period
            of not less than one year before the death of the decedent
            stood in loco parentis to the decedent. Preference under
            paragraph (1)(B) shall be given to the persons who exercised a
            parental relationship at the time of, or most nearly before,
            the death of the decedent.
                ``(B) The term `child' has the meaning prescribed by
            section 1477(d) of this title.''.
        (b) Repeal of Superseded Provisions.--Subsection (a) of such
    section is amended by striking paragraphs (10) and (11).

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

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

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

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

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

                           Subtitle J--Other Matters

    SEC. 591. PROHIBITION ON INTERFERENCE IN INDEPENDENT LEGAL ADVICE BY
                  THE LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT CHIEFS OF
                  STAFF.

        Section 156(d) of title 10, United States Code, is amended--
                (1) by inserting ``(1)'' before ``The Legal Counsel''; and
                (2) by adding at the end the following new paragraph:
        ``(2) No officer or employee of the Department of Defense may
    interfere with the ability of the Legal Counsel to give independent
    legal advice to the Chairman of the Joint Chiefs of Staff and to the
    Joint Chiefs of Staff.''.

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

        (a) Interest Payable on Claims.--Subsection (c) of section 1552 of
    title 10, United States Code, is amended by adding at the end the
    following new paragraph:
        ``(4) If the correction of military records under this section
    involves setting aside a conviction by court-martial, the payment of a
    claim under this subsection in connection with the correction of the
    records shall include interest at a rate to be determined by the
    Secretary concerned, unless the Secretary determines that the payment
    of interest is inappropriate under the circumstances. If the payment of
    the claim is to include interest, the interest shall be calculated on
    an annual basis, and compounded, using the amount of the lost pay,
    allowances, compensation, emoluments, or other pecuniary benefits
    involved, and the amount of any fine or forfeiture paid, beginning from
    the date of the conviction through the date on which the payment is
    made.''.
        (b) Clerical Amendments.--Subsection (c) of such section is further
    amended--
                (1) by redesignating paragraphs (1), (2), and (3) as
            subparagraphs (A), (B), and (C), respectively;
                (2) by inserting ``(1)'' after ``(c)'';
                (3) by striking ``If the claimant'' and inserting the
            following:
        ``(2) If the claimant''; and
                (4) by striking ``A claimant's acceptance'' and inserting
            the following:
        ``(3) A claimant's acceptance''.
        (c) Retroactive Effectiveness of Amendments.--The amendment made by
    subsection (a) shall apply with respect to any sentence of a court-
    martial set aside by a Corrections Board on or after October 1, 2007,
    when the Corrections Board includes an order or recommendation for the
    payment of a claim for the loss of pay, allowances, compensation,
    emoluments, or other pecuniary benefits, or for the repayment of a fine
    or forfeiture, that arose as a result of the conviction. In this
    subsection, the term ``Corrections Board'' has the meaning given that
    term in section 1557 of title 10, United States Code.

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

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

    SEC. 594. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER NATIONAL
                  GUARD YOUTH CHALLENGE PROGRAM.

        (a) In General.--Subsection (d) of section 509 of title 32, United
    States Code, is amended to read as follows:
        ``(d) Matching Funds Required.--(1) The amount of assistance
    provided by the Secretary of Defense to a State program of the Program
    for a fiscal year under this section may not exceed 60 percent of the
    costs of operating the State program during that fiscal year.
        ``(2) The limitation in paragraph (1) may not be construed as a
    limitation on the amount of assistance that may be provided to a State
    program of the Program for a fiscal year from sources other than the
    Department of Defense.''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    take effect on October 1, 2008, and shall apply with respect to fiscal
    years beginning on or after that date.

    SEC. 595. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL ANTHEM BY
                  MEMBERS OF THE ARMED FORCES NOT IN UNIFORM AND BY
                  VETERANS.

        Section 301(b)(1) of title 36, United States Code, is amended by
    striking subparagraphs (A) through (C) and inserting the following new
    subparagraphs:
                        ``(A) individuals in uniform should give the
                    military salute at the first note of the anthem and
                    maintain that position until the last note;
                        ``(B) members of the Armed Forces and veterans who
                    are present but not in uniform may render the military
                    salute in the manner provided for individuals in
                    uniform; and
                        ``(C) all other persons present should face the
                    flag and stand at attention with their right hand over
                    the heart, and men not in uniform, if applicable,
                    should remove their headdress with their right hand and
                    hold it at the left shoulder, the hand being over the
                    heart; and''.

    SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION.

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

    SEC. 597. DEMONSTRATION PROJECT ON SERVICE OF RETIRED NURSE CORPS
                  OFFICERS AS FACULTY AT CIVILIAN NURSING SCHOOLS.

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

    SEC. 598. REPORT ON PLANNING FOR PARTICIPATION AND HOSTING OF THE
                  DEPARTMENT OF DEFENSE IN INTERNATIONAL SPORTS ACTIVITIES,
                  COMPETITIONS, AND EVENTS.

        (a) Report Required.--Not later than October 1, 2009, the Secretary
    of Defense shall submit to the Committees on Armed Services of the
    Senate and the House of Representatives a report setting forth a
    comprehensive plan for the following:
                (1) The participation by personnel of the Department of
            Defense in international sports activities, competitions, and
            events (including the Pan American Games, the Olympic Games,
            the Paralympic Games, the Military World Games, other
            activities of the International Military Sports Council (CISM),
            and the Interallied Confederation of Reserve Officers (CIOR))
            through fiscal year 2015.
                (2) The hosting by the Department of Defense of military
            international sports activities, competitions, and events
            through fiscal year 2015.
        (b) Elements.--The report required by subsection (a) shall include
    the following:
                (1) A discussion of the military international sports
            activities, competitions, and events that the Department of
            Defense intends to seek to host, an estimate of the costs of
            hosting such activities, competitions, and events that the
            Department intends to seek to host, and a description of the
            sources of funding for such costs.
                (2) A discussion of the use and replenishment of funds in
            the account in the Treasury for the Support for International
            Sporting Competitions for the hosting of such activities,
            competitions, and events that the Department intends to seek to
            host.
                (3) A discussion of the support that may be obtained from
            other departments and agencies of the Federal Government, State
            and local governments, and private entities in encouraging
            participation of members of the Armed Forces in international
            sports activities, competitions, and events or in hosting of
            military international sports activities, competitions, and
            events.
                (4) Such recommendations for legislative or administrative
            action as the Secretary considers appropriate to implement or
            enhance planning for the matters described in subsection (a).

              TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                         Subtitle A--Pay and Allowances

    Sec. 601.  Fiscal year 2009 increase in military basic pay.
    Sec. 602. Permanent extension of prohibition on charges for meals
                                received at military treatment facilities
                                by members receiving continuous care.
    Sec. 603. Increase in maximum authorized payment or reimbursement
                                amount for temporary lodging expenses.
    Sec. 604. Availability of second family separation allowance for
                                married couples with dependents.
    Sec. 605. Extension of authority for income replacement payments for
                                reserve component members experiencing
                                extended and frequent mobilization for
                                active duty service.

               Subtitle B--Bonuses and Special and Incentive Pays

    Sec. 611. Extension of certain bonus and special pay authorities for
                                Reserve forces.
    Sec. 612. Extension of certain bonus and special pay authorities for
                                health care professionals.
    Sec. 613. Extension of special pay and bonus authorities for nuclear
                                officers.
    Sec. 614. Extension of authorities relating to payment of other title
                                37 bonuses and special pays.
    Sec. 615. Extension of authorities relating to payment of referral
                                bonuses.
    Sec. 616. Increase in maximum bonus and stipend amounts authorized
                                under Nurse Officer Candidate Accession
                                Program and health professions stipend
                                program.
    Sec. 617. Maximum length of nuclear officer incentive pay agreements
                                for service.
    Sec. 618. Technical changes regarding consolidation of special pay,
                                incentive pay, and bonus authorities of the
                                uniformed services.
    Sec. 619. Use of new skill incentive pay and proficiency bonus
                                authorities to encourage training in
                                critical foreign languages and foreign
                                cultural studies and authorization of
                                incentive pay for members of
                                precommissioning programs pursuing foreign
                                language proficiency.
    Sec. 620. Accession and retention bonuses for the recruitment and
                                retention of officers in certain health
                                professions.

                Subtitle C--Travel and Transportation Allowances

    Sec. 621. Special weight allowance for transportation of professional
                                books and equipment for spouses.
    Sec. 622. Shipment of family pets during evacuation of personnel.

                 Subtitle D--Retired Pay and Survivor Benefits

    Sec. 631. Extension to survivors of certain members who die on active
                                duty of special survivor indemnity
                                allowance for persons affected by required
                                Survivor Benefit Plan annuity offset for
                                dependency and indemnity compensation.
    Sec. 632. Correction of unintended reduction in survivor benefit plan
                                annuities due to phased elimination of two-
                                tier annuity computation and supplemental
                                annuity.

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

    Sec. 641. Use of commissary stores surcharges derived from temporary
                                commissary initiatives for reserve
                                component and retired members.
    Sec. 642. Enhanced enforcement of prohibition on sale or rental of
                                sexually explicit material on military
                                installations.

                           Subtitle F--Other Matters

    Sec. 651. Continuation of entitlement to bonuses and similar benefits
                                for members of the uniformed services who
                                die, are separated or retired for
                                disability, or meet other criteria.

                         Subtitle A--Pay and Allowances

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

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

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

        Section 402(h) of title 37, United States Code, is amended--
                (1) in paragraph (1), by striking ``during any month
            covered by paragraph (3)'' and all that follows through ``this
            section''; and
                (2) by striking paragraph (3).

    SEC. 603. INCREASE IN MAXIMUM AUTHORIZED PAYMENT OR REIMBURSEMENT
                  AMOUNT FOR TEMPORARY LODGING EXPENSES.

        Section 404a(e) of title 37, United States Code, is amended by
    striking ``$180 a day'' and inserting ``$290 a day''.

    SEC. 604. AVAILABILITY OF SECOND FAMILY SEPARATION ALLOWANCE FOR
                  MARRIED COUPLES WITH DEPENDENTS.

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

    SEC. 605. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT PAYMENTS FOR
                  RESERVE COMPONENT MEMBERS EXPERIENCING EXTENDED AND
                  FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.

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

               Subtitle B--Bonuses and Special and Incentive Pays

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

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

    SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
                  HEALTH CARE PROFESSIONALS.

        (a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
    of title 10, United States Code, is amended by striking ``December 31,
    2008'' and inserting ``December 31, 2009''.
        (b) Repayment of Education Loans for Certain Health Professionals
    Who Serve in the Selected Reserve.--Section 16302(d) of such title is
    amended--
                (1) by striking ``before'' and inserting ``on or before'';
            and
                (2) by striking ``January 1, 2009'' and inserting
            ``December 31, 2009''.
        (c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
    title 37, United States Code, is amended by striking ``December 31,
    2008'' and inserting ``December 31, 2009''.
        (d) Incentive Special Pay for Nurse Anesthetists.--Section
    302e(a)(1) of such title is amended by striking ``December 31, 2008''
    and inserting ``December 31, 2009''.
        (e) Special Pay for Selected Reserve Health Professionals in
    Critically Short Wartime Specialties.--Section 302g(e) of such title is
    amended by striking ``December 31, 2008'' and inserting ``December 31,
    2009''.
        (f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
    such title is amended by striking ``December 31, 2008'' and inserting
    ``December 31, 2009''.
        (g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
    title is amended by striking ``December 31, 2008'' and inserting
    ``December 31, 2009''.
        (h) Accession Bonus for Medical Officers in Critically Short
    Wartime Specialties.--Section 302k(f) of such title is amended by
    striking ``December 31, 2008'' and inserting ``December 31, 2009''.
        (i) Accession Bonus for Dental Specialist Officers in Critically
    Short Wartime Specialties.--Section 302l(g) of such title is amended by
    striking ``December 31, 2008'' and inserting ``December 31, 2009''.

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

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

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

        (a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
    United States Code, is amended by striking ``December 31, 2008'' and
    inserting ``December 31, 2009''.
        (b) Assignment Incentive Pay.--Section 307a(g) of such title is
    amended by striking ``December 31, 2008'' and inserting ``December 31,
    2009''.
        (c) Reenlistment Bonus for Active Members.--Section 308(g) of such
    title is amended by striking ``December 31, 2008'' and inserting
    ``December 31, 2009''.
        (d) Enlistment Bonus.--Section 309(e) of such title is amended by
    striking ``December 31, 2008'' and inserting ``December 31, 2009''.
        (e) Accession Bonus for New Officers in Critical Skills.--Section
    324(g) of such title is amended by striking ``December 31, 2008'' and
    inserting ``December 31, 2009''.
        (f) Incentive Bonus for Conversion to Military Occupational
    Specialty to Ease Personnel Shortage.--Section 326(g) of such title is
    amended by striking ``December 31, 2008'' and inserting ``December 31,
    2009''.
        (g) Accession Bonus for Officer Candidates.--Section 330(f) of such
    title is amended by striking ``December 31, 2008'' and inserting
    ``December 31, 2009''.
        (h) Retention Bonus for Members With Critical Military Skills or
    Assigned to High Priority Units.--Section 355(i) of such title, as
    redesignated by section 661(c) of the National Defense Authorization
    Act for Fiscal Year 2008, is amended by striking ``December 31, 2008''
    and inserting ``December 31, 2009''.

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

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

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

        (a) Bonus Under Nurse Officer Candidate Accession Program.--Section
    2130a(a)(1) of title 10, United States Code, is amended--
                (1) by striking ``$10,000'' and inserting ``$20,000''; and
                (2) by striking ``$5,000'' and inserting ``$10,000''.
        (b) Monthly Stipend Under Nurse Officer Candidate Accession
    Program.--Section 2130a(a)(2) of title is amended by striking ``of not
    more than $1,000'' and inserting ``in an amount not to exceed the
    stipend rate in effect under section 2121(d) of this title''.
        (c) Monthly Stipend for Students in Nursing or Other Health
    Professions Under Health Professions Stipend Program.--Section
    16201(e)(2)(A) of title is amended by striking ``stipend of $100 per
    month'' and inserting ``monthly stipend in an amount not to exceed the
    stipend rate in effect under section 2121(d) of this title''.

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

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

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

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

    SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY BONUS
                  AUTHORITIES TO ENCOURAGE TRAINING IN CRITICAL FOREIGN
                  LANGUAGES AND FOREIGN CULTURAL STUDIES AND AUTHORIZATION
                  OF INCENTIVE PAY FOR MEMBERS OF PRECOMMISSIONING PROGRAMS
                  PURSUING FOREIGN LANGUAGE PROFICIENCY.

        (a) Eligibility for Skill Proficiency Bonus.--
                (1) Eligibility.--Subsection (b) of section 353 of title
            37, United States Code, is amended to read as follows:
        ``(b) Skill Proficiency Bonus.--
                ``(1) Availability; eligible persons.--The Secretary
            concerned may pay a proficiency bonus to a member of a regular
            or reserve component of the uniformed services who--
                        ``(A) is entitled to basic pay under section 204 of
                    this title or compensation under section 206 of this
                    title or is enrolled in an officer training program;
                    and
                        ``(B) is determined to have, and maintains,
                    certified proficiency under subsection (d) in a skill
                    designated as critical by the Secretary concerned or is
                    in training to acquire proficiency in a critical
                    foreign language or expertise in foreign cultural
                    studies or a related skill designated as critical by
                    the Secretary concerned.
                ``(2) Inclusion of certain senior rotc members.--A
            proficiency bonus may be paid under this subsection to a
            student who is enrolled in the Senior Reserve Officers'
            Training Corps program even though the student is in the first
            year of the four-year course under the program. During the
            period covered by the proficiency bonus, the student shall also
            be entitled to a monthly subsistence allowance under section
            209(c) of this title even though the student has not entered
            into an agreement under section 2103a of title 10. However, if
            the student receives incentive pay under subsection (g)(2) for
            the same period, the student may receive only a single monthly
            subsistence allowance under section 209(c) of this title.''.
                (2) Availability of incentive pay for participation in
            foreign language education or training programs.--Such section
            is further amended--
                        (A) by redesignating subsections (g), (h), and (i)
                    as subsections (h), (i), and (j), respectively; and
                        (B) by inserting after subsection (f) the following
                    new subsection (g):
        ``(g) Foreign Language Studies in Officer Training Programs.--
                ``(1) Availability of incentive pay.--The Secretary
            concerned may pay incentive pay to a person enrolled in an
            officer training program to also participate in an education or
            training program to acquire proficiency in a critical foreign
            language or expertise in foreign cultural studies or a related
            skill designated as critical by the Secretary concerned.
                ``(2) Inclusion of certain senior rotc members.--Incentive
            pay may be paid under this subsection to a student who is
            enrolled in the Senior Reserve Officers' Training Corps program
            even though the student is in the first year of the four-year
            course under the program. While the student receives the
            incentive pay, the student shall also be entitled to a monthly
            subsistence allowance under section 209(c) of this title even
            though the student has not entered into an agreement under
            section 2103a of title 10. However, if the student receives a
            proficiency bonus under subsection (b)(2) covering the same
            month, the student may receive only a single monthly
            subsistence allowance under section 209(c) of this title.
                ``(3) Critical foreign language defined.--In this section,
            the term `critical foreign language' includes Arabic, Korean,
            Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian,
            Russian, Portuguese, or other language designated as critical
            by the Secretary concerned.''.
        (b) Incentive Pay Authorized.--
                (1) In general.--Chapter 5 of title 37, United States Code,
            is amended by inserting after section 316 the following new
            section:
    ``Sec. 316a. Special pay: incentive pay for members of precommissioning
                  programs pursuing foreign language proficiency
        ``(a) Incentive Pay.--The Secretary of Defense may pay incentive
    pay under this section to an individual who--
                ``(1) is enrolled as a member of the Senior Reserve
            Officers' Training Corps or the Marine Corps Platoon Leaders
            Class, as determined in accordance with regulations prescribed
            by the Secretary of Defense under subsection (e); and
                ``(2) participates in a language immersion program approved
            for purposes of the Senior Reserve Officers' Training Corps, or
            in study abroad, or is enrolled in an academic course that
            involves instruction in a foreign language of strategic
            interest to the Department of Defense as designated by the
            Secretary of Defense for purposes of this section.
        ``(b) Period of Payment.--Incentive pay is payable under this
    section to an individual described in subsection (a) for the period of
    the individual's participation in the language program or study
    described in paragraph (2) of that subsection.
        ``(c) Amount.--The amount of incentive pay payable to an individual
    under this section may not exceed $3,000 per year.
        ``(d) Repayment.--An individual who is paid incentive pay under
    this section but who does not satisfactorily complete participation in
    the individual's language program or study as described in subsection
    (a)(2), or who does not complete the requirements of the Senior Reserve
    Officers' Training Corps or the Marine Corps Platoon Leaders Class, as
    applicable, shall be subject to the repayment provisions of section
    303a(e) of this title.
        ``(e) Regulations.--This section shall be administered under
    regulations prescribed by the Secretary of Defense.
        ``(f) Reports.--Not later than January 1, 2010, and annually
    thereafter through 2014, the Secretary of Defense shall submit to the
    Director of the Office of Management and Budget, and to Congress, a
    report on the payment of incentive pay under this section during the
    preceding fiscal year. Each report shall include, for the fiscal year
    covered by such report, the following:
                ``(1) The number of individuals paid incentive pay under
            this section, the number of individuals commencing receipt of
            incentive pay under this section, and the number of individuals
            ceasing receipt of incentive pay under this section.
                ``(2) The amount of incentive pay paid to individuals under
            this section.
                ``(3) The aggregate amount recouped under section 303a(e)
            of this title in connection with receipt of incentive pay under
            this section.
                ``(4) The languages for which incentive pay was paid under
            this section, including the total amount paid for each such
            language.
                ``(5) The effectiveness of incentive pay under this section
            in assisting the Department of Defense in securing proficiency
            in foreign languages of strategic interest to the Department of
            Defense, including a description of how recipients of pay under
            this section are assigned and utilized following completion of
            the program of study.
        ``(g) Termination of Authority.--No incentive pay may be paid under
    this section after December 31, 2013.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 5 of such title is amended by inserting
            after the item relating to section 316 the following new item:

    ``316a. Special pay: incentive pay for members of precommissioning
                                programs pursuing foreign language
                                proficiency.''.
        (c) Pilot Program for Foreign Language Proficiency Training for
    Reserve Members.--
                (1) Pilot program required.--The Secretary of Defense shall
            conduct a pilot program to provide a skill proficiency bonus
            under section 353(b) of title 37, United States Code, to a
            member of a reserve component of the uniformed services who is
            entitled to compensation under section 206 of such title while
            the member participates in an education or training program to
            acquire proficiency in a critical foreign language or expertise
            in foreign cultural studies or a related skill designated as
            critical under such section 353.
                (2) Duration of pilot program.--The Secretary shall conduct
            the pilot program during the period beginning on October 1,
            2008, and ending on December 31, 2013. Incentive pay may not be
            provided under the pilot program after December 31, 2013.
                (3) Reporting requirement.--Not later than March 31, 2012,
            the Secretary shall submit to Congress a report containing the
            results of the pilot program and the recommendations of the
            Secretary regarding whether to continue or expand the pilot
            program.
        (d) Expedited Implementation.--Notwithstanding section 662 of the
    National Defense Authorization Act for Fiscal Year 2008 (Public Law
    110-181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a
    military department may immediately implement the amendments made by
    subsection (a) in order to ensure the prompt availability of
    proficiency bonuses and incentive pay under section 353 of title 37,
    United States Code, as amended by such subsections, for persons
    enrolled in officer training programs.

    SEC. 620. ACCESSION AND RETENTION BONUSES FOR THE RECRUITMENT AND
                  RETENTION OF OFFICERS IN CERTAIN HEALTH PROFESSIONS.

        (a) Targeted Bonus Authority to Increase Direct Accessions.--
                (1) Designation of critically short wartime health
            specialties.--For purposes of section 335 of title 37, United
            States Code, as added by section 661 of the National Defense
            Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
            Stat. 169), the following health professions are designated as
            a critically short wartime specialty under subsection (a)(2) of
            such section:
                        (A) Psychologists who have been awarded a diploma
                    as a Diplomate in Psychology by the American Board of
                    Professional Psychology and are fully licensed and such
                    other mental health practitioners as the Secretary
                    concerned determines to be necessary.
                        (B) Registered nurses.
                (2) Special agreement authority.--Under the authority
            provided by this section, the Secretary concerned may enter
            into an agreement under subsection (f) of section 335 of title
            37, United States Code, to pay a health professions bonus under
            such section to a person who accepts a commission or
            appointment as an officer and whose health profession specialty
            is specified in paragraph (1) of this subsection.
                (3) Secretary concerned defined.--In this subsection, the
            term ``Secretary concerned'' has the meaning given that term in
            section 101(5) of title 37, United States Code.
                (4) Effective period.--The designations made by this
            subsection and the authority to enter into an agreement under
            paragraph (2) of this subsection expire on September 30, 2010.
        (b) Accession and Retention Bonuses for Psychologists.--
                (1) In general.--Chapter 5 of title 37, United States Code,
            is amended by inserting after section 302c the following new
            section:
    ``Sec. 302c-1. Special pay: accession and retention bonuses for
                  psychologists
        ``(a) Accession Bonus.--
                ``(1) Accession bonus authorized.--A person described in
            paragraph (2) 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 acceptance of the
            agreement by the Secretary concerned, be paid an accession
            bonus in an amount, subject to subsection (c)(1), determined by
            the Secretary concerned.
                ``(2) Eligible persons.--A person described in paragraph
            (1) is any person who--
                        ``(A) is a graduate of an accredited school of
                    psychology; and
                        ``(B) holds a valid State license to practice as a
                    doctoral level psychologist.
                ``(3) Limitation on eligibility.--A person may not be paid
            a bonus under this subsection if--
                        ``(A) 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
                        ``(B) the Secretary concerned determines that the
                    person is not qualified to become and remain certified
                    as a psychologist.
        ``(b) Multiyear Retention Bonus.--
                ``(1) Retention bonus authorized.--An officer described in
            paragraph (2) who executes a written agreement described in
            subsection (d) to remain on active duty for up to four years
            after completion of any other active-duty service commitment
            may, upon acceptance of the agreement by the Secretary
            concerned, be paid a retention bonus as provided in this
            section.
                ``(2) Eligible officers.--An officer described in paragraph
            (1) is an officer of the armed forces who--
                        ``(A) is a psychologist of the armed forces;
                        ``(B) is in a pay grade below pay grade O-7;
                        ``(C) has at least eight years of creditable
                    service (computed as described in section 302b(f) of
                    this title) or has completed any active-duty service
                    commitment incurred for psychology education and
                    training;
                        ``(D) has completed initial residency training (or
                    will complete such training before September 30 of the
                    fiscal year in which the officer enters into the
                    agreement under this subsection); and
                        ``(E) holds a valid State license to practice as a
                    doctoral level psychologist.
        ``(c) Maximum Amount of Bonus.--
                ``(1) Accession bonus.--The amount of an accession bonus
            under subsection (a) may not exceed $400,000.
                ``(2) Retention bonus.--The amount of a retention bonus
            under subsection (b) may not exceed $25,000 for each year of
            the agreement of the officer concerned.
        ``(d) Agreement.--The agreement referred to in subsections (a) and
    (b) shall provide that, consistent with the needs of the armed force
    concerned, the person or officer executing the agreement will be
    assigned to duty, for the period of obligated service covered by the
    agreement, as an officer of such armed force as a psychologist.
        ``(e) Repayment.--
                ``(1) Accession bonus.--A person who, after signing 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
            specified in the agreement shall be subject to the repayment
            provisions of section 303a(e) of this title.
                ``(2) Retention bonus.--An officer who does not complete
            the period of active duty specified in the agreement entered
            into under subsection (b) shall be subject to the repayment
            provisions of section 303a(e) of this title.
        ``(f) Termination of Authority.--No agreement under subsection (a)
    or (b) may be entered into after December 31, 2009.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 5 of such title is amended by inserting
            after the item relating to section 302c the following new item:

    ``302c-1. Special pay: accession and retention bonuses for
                                psychologists.''.

                Subtitle C--Travel and Transportation Allowances

    SEC. 621. SPECIAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF PROFESSIONAL
                  BOOKS AND EQUIPMENT FOR SPOUSES.

        Section 406(b)(1)(D) of title 37, United States Code, is amended--
                (1) by inserting ``(i)'' after ``(D)'';
                (2) in the second sentence of clause (i), as designated by
            paragraph (1), by striking ``this subparagraph'' and inserting
            ``this clause'';
                (3) by designating the last sentence as clause (iii) and
            indenting the margin of such clause, as so designated, two ems
            from the left margin; and
                (4) by inserting after clause (i), as designated by
            paragraph (1), the following new clause:
        ``(ii) In addition to the weight allowance authorized for such
    member with dependents under paragraph (C), the Secretary concerned may
    authorize up to an additional 500 pounds in weight allowance for
    shipment of professional books and equipment belonging to the spouse of
    such member.''.

    SEC. 622. SHIPMENT OF FAMILY PETS DURING EVACUATION OF PERSONNEL.

        Section 406(b)(1) of title 37, United States Code, is amended by
    adding at the end the following new subparagraph:
        ``(H)(i) Except as provided in paragraph (2) and subject to clause
    (iii), in connection with an evacuation from a permanent station
    located in a foreign area, a member is entitled to transportation
    (including shipment and payment of any quarantine costs) of family
    household pets.
        ``(ii) A member entitled to transportation under clause (i) may be
    paid reimbursement or, at the member's request, a monetary allowance in
    accordance with the provisions of subparagraph (F) if the member
    secures by commercial means shipment and any quarantining of the pets
    otherwise subject to transportation under clause (i).
        ``(iii) The provision of transportation under clause (i) and the
    payment of reimbursement under clause (ii) shall be subject to such
    regulations as the Secretary of Defense shall prescribe with respect to
    members of the armed forces for purposes of this subparagraph. Such
    regulations may specify limitations on the types, size, and number of
    pets for which transportation may be provided or reimbursement paid.''.

                 Subtitle D--Retired Pay and Survivor Benefits

    SEC. 631. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE ON ACTIVE
                  DUTY OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS
                  AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET
                  FOR DEPENDENCY AND INDEMNITY COMPENSATION.

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

    SEC. 632. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR BENEFIT PLAN
                  ANNUITIES DUE TO PHASED ELIMINATION OF TWO-TIER ANNUITY
                  COMPUTATION AND SUPPLEMENTAL ANNUITY.

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

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

    SEC. 641. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM TEMPORARY
                  COMMISSARY INITIATIVES FOR RESERVE COMPONENT AND RETIRED
                  MEMBERS.

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

    SEC. 642. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR RENTAL OF
                  SEXUALLY EXPLICIT MATERIAL ON MILITARY INSTALLATIONS.

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

                           Subtitle F--Other Matters

    SEC. 651. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR BENEFITS
                  FOR MEMBERS OF THE UNIFORMED SERVICES WHO DIE, ARE
                  SEPARATED OR RETIRED FOR DISABILITY, OR MEET OTHER
                  CRITERIA.

        (a) Discretion to Provide Exception to Termination and Repayment
    Requirements Under Certain Circumstances.--Section 303a(e) of title 37,
    United States Code, is amended--
                (1) in the subsection heading, by inserting ``; Termination
            of Entitlement to Unpaid Amounts'' after ``Met'';
                (2) in paragraph (1)--
                        (A) by striking ``A member'' and inserting ``(A)
                    Except as provided in paragraph (2), a member''; and
                        (B) by striking ``the requirements, except in
                    certain circumstances authorized by the Secretary
                    concerned.'' and inserting ``the eligibility
                    requirements and may not receive any unpaid amounts of
                    the bonus or similar benefit after the member fails to
                    satisfy the requirements, unless the Secretary
                    concerned determines that the imposition of the
                    repayment requirement and termination of the payment of
                    unpaid amounts of the bonus or similar benefit with
                    regard to the member would be contrary to a personnel
                    policy or management objective, would be against equity
                    and good conscience, or would be contrary to the best
                    interests of the United States.''; and
                (3) by redesignating paragraph (2) as subparagraph (B) of
            paragraph (1).
        (b) Mandatory Payment of Unpaid Amounts Under Certain
    Circumstances; No Repayment of Unearned Amounts.--Section 303a(e) of
    title 37, United States Code, is amended by inserting after paragraph
    (1), as amended by subsection (a), the following new paragraph (2):
        ``(2)(A) If a member of the uniformed services dies or is retired
    or separated with a combat-related disability, the Secretary
    concerned--
                ``(i) shall not require repayment by the member or the
            member's estate of the unearned portion of any bonus or similar
            benefit previously paid to the member; and
                ``(ii) shall require the payment to the member or the
            member's estate of the remainder of any bonus or similar
            benefit that was not yet paid to the member, but to which the
            member was entitled immediately before the death, retirement,
            or separation of the member, and would be paid if not for the
            death, retirement, or separation of the member.
        ``(B) Subparagraph (A) does not apply if the death or disability of
    the member is the result the member's misconduct.
        ``(C) The amount to be paid under subparagraph (A)(ii) shall be
    equal to the full amount specified by the agreement or contract
    applicable to the bonus or similar benefit as if the member continued
    to be entitled to the bonus or similar benefit following the death,
    retirement, or separation.
        ``(D) Amounts to be paid to a member or the member's estate under
    subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days
    after the date of the death, retirement, or separation of the member,
    whichever applies.
        ``(E) In this paragraph, the term `combat-related disability' has
    the meaning given that term in section 1413a(e) of title 10.''.
        (c) Conforming Amendments Reflecting Consolidated Special Pay and
    Bonus Authorities.--
                (1) Conforming amendments.--Section 373 of title 37, United
            States Code, as added by section 661 of the National Defense
            Authorization Act for Fiscal Year 2008, is amended--
                        (A) in subsection (a)--
                                (i) in the subsection heading, by inserting
                            ``and Termination'' after ``Repayment''; and
                                (ii) by inserting before the period at the
                            end the following: ``, and the member may not
                            receive any unpaid amounts of the bonus,
                            incentive pay, or similar benefit after the
                            member fails to satisfy such service or
                            eligibility requirement''; and
                        (B) by striking subsection (b) and inserting the
                    following new subsection:
        ``(b) Exceptions.--
                ``(1) Discretion to provide exception to termination and
            repayment requirements.--Pursuant to the regulations prescribed
            to administer this section, the Secretary concerned may grant
            an exception to the repayment requirement and requirement to
            terminate the payment of unpaid amounts of a bonus, incentive
            pay, or similar benefit if the Secretary concerned determines
            that the imposition of the repayment and termination
            requirements with regard to a member of the uniformed services
            would be contrary to a personnel policy or management
            objective, would be against equity and good conscience, or
            would be contrary to the best interests of the United States.
                ``(2) Mandatory payment of unpaid amounts under certain
            circumstances; no repayment of unearned amounts.--(A) If a
            member of the uniformed services dies or is retired or
            separated with a combat-related disability, the Secretary
            concerned--
                        ``(i) shall not require repayment by the member or
                    the member's estate of the unearned portion of any
                    bonus, incentive pay, or similar benefit previously
                    paid to the member; and
                        ``(ii) shall require the payment to the member or
                    the member's estate of the remainder of any bonus,
                    incentive pay, or similar benefit that was not yet paid
                    to the member, but to which the member was entitled
                    immediately before the death, retirement, or separation
                    of the member, and would be paid if not for the death,
                    retirement, or separation of the member.
                ``(B) Subparagraph (A) does not apply if the death or
            disability of the member is the result the member's misconduct.
                ``(C) The amount to be paid under subparagraph (A)(ii)
            shall be equal to the full amount specified by the agreement or
            contract applicable to the bonus, incentive pay, or similar
            benefit as if the member continued to be entitled to the bonus,
            incentive pay, or similar benefit following the death,
            retirement, or separation.
                ``(D) Amounts to be paid to a member or the member's estate
            under subparagraph (A)(ii) shall be paid in a lump sum not
            later than 90 days after the date of the death, retirement, or
            separation of the member, whichever applies.
                ``(E) In this paragraph, the term `combat-related
            disability' has the meaning given that term in section 1413a(e)
            of title 10.''.
                (2) Clerical amendments.--
                        (A) Section heading.--The heading of such section
                    is amended to read as follows:
    ``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or
                  similar benefit, and termination of remaining payments,
                  when conditions of payment not met''.
                        (B) Table of contents.--The table of sections at
                    the beginning of chapter 5 of title 37, United States
                    Code, is amended by striking the item relating to
                    section 373 and inserting the following new item:

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

             TITLE VII--HEALTH CARE AND WOUNDED WARRIORS PROVISIONS

                  Subtitle A--Improvements to Health Benefits

    Sec. 701. One-year extension of prohibition on increases in certain
                                health care costs for members of the
                                uniformed services.
    Sec. 702. Temporary prohibition on increase in copayments under retail
                                pharmacy system of pharmacy benefits
                                program.
    Sec. 703. Chiropractic health care for members on active duty.
    Sec. 704. Calculation of monthly premiums for coverage under TRICARE
                                Reserve Select after 2008.
    Sec. 705. Program for health care delivery at military installations
                                projected to grow.
    Sec. 706. Guidelines for combined medical facilities of the Department
                                of Defense and the Department of Veterans
                                Affairs.

                          Subtitle B--Preventive Care

    Sec. 711. Waiver of copayments for preventive services for certain
                                TRICARE beneficiaries.
    Sec. 712. Military health risk management demonstration project.
    Sec. 713. Smoking cessation program under TRICARE.
    Sec. 714. Preventive health allowance.
    Sec. 715. Additional authority for studies and demonstration projects
                                relating to delivery of health and medical
                                care.

                      Subtitle C--Wounded Warrior Matters

    Sec. 721. Center of excellence in prevention, diagnosis, mitigation,
                                treatment, and rehabilitation of hearing
                                loss and auditory system injuries.
    Sec. 722. Clarification to center of excellence relating to military
                                eye injuries.
    Sec. 723. Center of Excellence in the Mitigation, Treatment, and
                                Rehabilitation of Traumatic Extremity
                                Injuries and Amputations.
    Sec. 724. Additional responsibilities for the wounded warrior resource
                                center.
    Sec. 725.  Sense of Congress on research on traumatic brain injury.
    Sec. 726. Extension of Senior Oversight Committee with respect to
                                wounded warrior matters.
    Sec. 727. Modification of utilization of veterans' presumption of sound
                                condition in establishing eligibility of
                                members of the Armed Forces for retirement
                                for disability.

                           Subtitle D--Other Matters

    Sec. 731. Report on providing the Extended Care Health Option Program
                                to dependents of military retirees.
    Sec. 732.  Increase in cap on extended benefits under extended health
                                care option (ECHO).
    Sec. 733. Department of Defense task force on the prevention of suicide
                                by members of the Armed Forces.
    Sec. 734. Transitional health care for certain members of the Armed
                                Forces who agree to serve in the Selected
                                Reserve of the Ready Reserve.
    Sec. 735. Enhancement of medical and dental readiness of members of the
                                Armed Forces.

                  Subtitle A--Improvements to Health Benefits

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

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

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

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

    SEC. 703. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.

        Not later than September 30, 2009, the Secretary of Defense shall
    provide chiropractic services to active duty military personnel at 11
    additional military treatment facilities that do not currently provide
    chiropractic services.

    SEC. 704. CALCULATION OF MONTHLY PREMIUMS FOR COVERAGE UNDER TRICARE
                  RESERVE SELECT AFTER 2008.

        (a) Calculation of Monthly Premiums for Years After 2009.--Section
    1076d(d)(3) of title 10, United States Code, is amended--
                (1) by inserting ``(A)'' after ``(3)'';
                (2) in subparagraph (A), as so designated--
                        (A) by striking ``that the Secretary determines''
                    and inserting ``determined''; and
                        (B) by striking the second sentence; and
                (3) by adding at the end the following new subparagraph:
        ``(B) The appropriate actuarial basis for purposes of subparagraph
    (A) shall be determined, for each calendar year after calendar year
    2009, by utilizing the actual cost of providing benefits under this
    section to members and their dependents during the calendar years
    preceding such calendar year.''.
        (b) Calculation of Monthly Premiums for 2009.--For purposes of
    section 1076d(d)(3) of title 10, United States Code, the appropriate
    actuarial basis for purposes of subparagraph (A) of that section shall
    be determined for calendar year 2009 by utilizing the reported cost of
    providing benefits under that section to members and their dependents
    during calendar years 2006 and 2007, except that the monthly amount of
    the premium determined pursuant to this subsection may not exceed the
    amount in effect for the month of March 2007.
        (c) Effective Date.--The amendments made by this section shall take
    effect as of October 1, 2008.

    SEC. 705. PROGRAM FOR HEALTH CARE DELIVERY AT MILITARY INSTALLATIONS
                  PROJECTED TO GROW.

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

    SEC. 706. GUIDELINES FOR COMBINED MEDICAL FACILITIES OF THE DEPARTMENT
                  OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.

        Before a facility may be designated a combined Federal medical
    facility of the Department of Defense and the Department of Veterans
    Affairs, the Secretary of Defense and the Secretary of Veterans Affairs
    shall execute a signed agreement that specifies, at a minimum, a
    binding operational agreement on the following areas:
                (1) Governance.
                (2) Patient priority categories.
                (3) Budgeting.
                (4) Staffing and training.
                (5) Construction.
                (6) Physical plant management.
                (7) Contingency planning.
                (8) Quality assurance.
                (9) Information technology.

                          Subtitle B--Preventive Care

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

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

    SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION PROJECT.

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

    SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.

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

    SEC. 714. PREVENTIVE HEALTH ALLOWANCE.

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

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

    SEC. 715. ADDITIONAL AUTHORITY FOR STUDIES AND DEMONSTRATION PROJECTS
                  RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE.

        Section 1092(a) of title 10, United States Code, is amended by
    adding at the end the following new paragraphs:
        ``(3) The Secretary of Defense may include in the studies and
    demonstration projects conducted under paragraph (1) studies and
    demonstration projects to provide awards and incentives to members of
    the armed forces and covered beneficiaries who obtain health promotion
    and disease prevention health care services under the TRICARE program
    in accordance with terms and schedules prescribed by the Secretary.
    Such awards and incentives may include cash awards and, in the case of
    members of the armed forces, personnel incentives.
        ``(4)(A) The Secretary of Defense may, in consultation with the
    other administering Secretaries, include in the studies and
    demonstration projects conducted under paragraph (1) studies and
    demonstration projects to provide awards or incentives to individual
    health care professionals under the authority of such Secretaries,
    including members of the uniformed services, Federal civilian
    employees, and contractor personnel, to encourage and reward effective
    implementation of innovative health care programs designed to improve
    quality, cost-effectiveness, health promotion, medical readiness, and
    other priority objectives. Such awards and incentives may include cash
    awards and, in the case of members of the armed forces and Federal
    civilian employees, personnel incentives.
        ``(B) Amounts available for the pay of members of the uniformed
    services shall be available for awards and incentives under this
    paragraph with respect to members of the uniformed services.
        ``(5) The Secretary of Defense may include in the studies and
    demonstration projects conducted under paragraph (1) studies and
    demonstration projects to improve the medical and dental readiness of
    members of reserve components of the armed forces, including the
    provision of health care services to such members for which they are
    not otherwise entitled or eligible under this chapter.
        ``(6) The Secretary of Defense may include in the studies and
    demonstration projects conducted under paragraph (1) studies and
    demonstration projects to improve the continuity of health care
    services for family members of mobilized members of the reserve
    components of the armed forces who are eligible for such services under
    this chapter, including payment of a stipend for continuation of
    employer-provided health coverage during extended periods of active
    duty.''.

                      Subtitle C--Wounded Warrior Matters

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

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

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

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

    SEC. 723. CENTER OF EXCELLENCE IN THE MITIGATION, TREATMENT, AND
                  REHABILITATION OF TRAUMATIC EXTREMITY INJURIES AND
                  AMPUTATIONS.

        (a) In General.--The Secretary of Defense and the Secretary of
    Veterans Affairs shall jointly establish a center of excellence in the
    mitigation, treatment, and rehabilitation of traumatic extremity
    injuries and amputations.
        (b) Partnerships.--The Secretary of Defense and the Secretary of
    Veterans Affairs shall jointly ensure that the center collaborates with
    the Department of Defense, the Department of Veterans Affairs,
    institutions of higher education, and other appropriate public and
    private entities (including international entities) to carry out the
    responsibilities specified in subsection (c).
        (c) Responsibilities.--The center shall have the responsibilities
    as follows:
                (1) To implement a comprehensive plan and strategy for the
            Department of Defense and the Department ofVeterans Affairs for
            the mitigation, treatment, and rehabilitation of traumatic
            extremity injuries and amputations.
                (2) To conduct research to develop scientific information
            aimed at saving injured extremities, avoiding amputations, and
            preserving and restoring the function of injured extremities.
            Such research shall address military medical needs and include
            the full range of scientific inquiry encompassing basic,
            translational, and clinical research.
                (3) To carry out such other activities to improve and
            enhance the efforts of the Department of Defense and the
            Department of Veterans Affairs for the mitigation, treatment,
            and rehabilitation of traumatic extremity injuries and
            amputations as the Secretary of Defense and the Secretary of
            Veterans Affairs consider appropriate.
        (d) Reports.--
                (1) In general.--Not later than one year after the date of
            the enactment of this Act, and annually thereafter, the
            Secretary of Defense and the Secretary of Veterans Affairs
            shall jointly submit to Congress a report on the activities of
            the center.
                (2) Elements.--Each report under this subsection shall
            include the following:
                        (A) In the case of the first report under this
                    subsection, a description of the implementation of the
                    requirements of this Act.
                        (B) A description and assessment of the activities
                    of the center during the one-year period ending on the
                    date of such report, including an assessment of the
                    role of such activities in improving and enhancing the
                    efforts of the Department of Defense and the Department
                    of Veterans Affairs for the mitigation, treatment, and
                    rehabilitation of traumatic extremity injuries and
                    amputations.

    SEC. 724. ADDITIONAL RESPONSIBILITIES FOR THE WOUNDED WARRIOR RESOURCE
                  CENTER.

        Section 1616(a) of the Wounded Warrior Act (title XVI of Public Law
    110-181; 122 Stat. 447; 10 U.S.C. 1071 note) is amended in the first
    sentence by inserting ``receiving legal assistance referral information
    (where appropriate), receiving other appropriate referral
    information,'' after ``receiving benefits information,''.

    SEC. 725. SENSE OF CONGRESS ON RESEARCH ON TRAUMATIC BRAIN INJURY.

        It is the sense of Congress that the requirement under section
    1621(c)(7) of the National Defense Authorization Act for Fiscal Year
    2008 (Public Law 110-181; 122 Stat. 453; 10 U.S.C. 1071 note) to
    conduct basic science and translational research on traumatic brain
    injury includes pilot programs designed to test the efficacy of
    clinical approaches, including the use of pharmacological agents.
    Congress urges continued studies of the efficacy of pharmacological
    agents for treatment of traumatic brain injury and supports continued
    joint research with the National Institutes of Health in this area.

    SEC. 726. EXTENSION OF SENIOR OVERSIGHT COMMITTEE WITH RESPECT TO
                  WOUNDED WARRIOR MATTERS.

        (a) In General.--The Secretary of Defense and the Secretary of
    Veterans Affairs shall jointly take such actions as are appropriate,
    including the allocation of appropriate personnel, funding, and other
    resources, to continue the operations of the Senior Oversight Committee
    until December 31, 2009.
        (b) Report on Further Extension of Committee.--Not later than
    August 31, 2009, the Secretary of Defense and the Secretary of Veterans
    Affairs shall jointly submit to Congress a report setting forth the
    joint recommendation of the Secretaries as to the advisability of
    continuing the operations of the Senior Oversight Committee after
    December 31, 2009. If the Secretaries recommend that continuing the
    operations of the Senior Oversight Committee after December 31, 2009,
    is advisable, the report may include such recommendations for the
    modification of the responsibilities, composition, or support of the
    Senior Oversight Committee as the Secretaries jointly consider
    appropriate.
        (c) Senior Oversight Committee Defined.--In this section, the term
    ``Senior Oversight Committee'' means the Senior Oversight Committee
    jointly established by the Secretary of Defense and the Secretary of
    Veterans Affairs in May 2007. The Senior Oversight Committee was
    established to address concerns related to the treatment of wounded,
    ill, and injured members of the Armed Forces and veterans and serves as
    the single point of contact for oversight, strategy, and integration of
    proposed strategies for the efforts of the Department of Defense and
    the Department of Veterans Affairs to improve support throughout the
    recovery, rehabilitation, and reintegration of wounded, ill, or injured
    members of the Armed Forces.

    SEC. 727. MODIFICATION OF UTILIZATION OF VETERANS' PRESUMPTION OF SOUND
                  CONDITION IN ESTABLISHING ELIGIBILITY OF MEMBERS OF THE
                  ARMED FORCES FOR RETIREMENT FOR DISABILITY.

        (a) Retirement of Regulars and Members on Active Duty for More Than
    30 Days.--Section 1201(b)(3)(B)(i) of title 10, United States Code, is
    amended--
                (1) by striking ``the member has six months or more of
            active military service and''; and
                (2) by striking ``(unless compelling evidence'' and all
            that follows through ``active duty)'' and inserting ``(unless
            clear and unmistakable evidence demonstrates that the
            disability existed before the member's entrance on active duty
            and was not aggravated by active military service)''.
        (b) Separation of Regulars and Members on Active Duty for More Than
    30 Days.--Section 1203(b)(4)(B) of such title is amended--
                (1) by striking ``the member has six months or more of
            active military service, and''; and
                (2) by striking ``(unless compelling evidence'' and all
            that follows through ``active duty)'' and inserting ``(unless
            clear and unmistakable evidence demonstrates that the
            disability existed before the member's entrance on active duty
            and was not aggravated by active military service)''.

                           Subtitle D--Other Matters

    SEC. 731. REPORT ON PROVIDING THE EXTENDED CARE HEALTH OPTION PROGRAM
                  TO DEPENDENTS OF MILITARY RETIREES.

        (a) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    congressional defense committees a report on including dependents of
    military retirees in the ECHO program for a limited transitional period
    following retirement.
        (b) Contents of Report.--The report required under subsection (a)
    shall include the following:
                (1) The most current data on the number of military
            retirees with dependents who are eligible to receive extended
            benefits under the ECHO program and an estimate of the number
            of future military retirees with dependents who are eligible to
            receive such benefits.
                (2) The cost estimates of providing extended benefits under
            the ECHO program to dependents of all current and future
            military retirees.
                (3) The feasibility of including dependents of military
            retirees in any ongoing demonstration or pilot programs within
            the ECHO program.
                (4) The statutory and regulatory impediments to including
            dependents of military retirees in the ECHO program.
        (c) ECHO Program.--In this section, the term ``ECHO program'' means
    the Extended Care Health Option program provided pursuant to
    subsections (d), (e), and (f) of section 1079 of title 10, United
    States Code.

    SEC. 732. INCREASE IN CAP ON EXTENDED BENEFITS UNDER EXTENDED HEALTH
                  CARE OPTION (ECHO).

        Section 1079(f) of title 10, United States Code is amended--
                (1) in paragraph (2)(A), by striking ``month shall not
            exceed $2,500,'' and inserting ``year shall not exceed $36,000,
            prorated as determined by the Secretary of Defense,''; and
                (2) in paragraph (2)(B), by striking ``month'' and
            inserting ``year.''.

    SEC. 733. DEPARTMENT OF DEFENSE TASK FORCE ON THE PREVENTION OF SUICIDE
                  BY MEMBERS OF THE ARMED FORCES.

        (a) Requirement to Establish.--The Secretary of Defense shall
    establish within the Department of Defense a task force to examine
    matters relating to prevention of suicide by members of the Armed
    Forces.
        (b) Composition.--
                (1) Members.--The task force shall consist of not more than
            14 members appointed by the Secretary of Defense from among
            individuals described in paragraph (2) who have demonstrated
            expertise in the area of suicide prevention and response.
                (2) Range of members.--The individuals appointed to the
            task force shall include--
                        (A) at least one member of each of the Army, Navy,
                    Air Force, and Marine Corps;
                        (B) a number of persons from outside the Department
                    of Defense equal to the total number of personnel from
                    within the Department of Defense (whether members of
                    the Armed Forces or civilian personnel) who are
                    appointed to the task force;
                        (C) persons who have experience in--
                                (i) national suicide prevention policy;
                                (ii) military personnel policy;
                                (iii) research in the field of suicide
                            prevention;
                                (iv) clinical care in mental health; or
                                (v) military chaplaincy or pastoral care;
                            and
                        (D) at least one family member of a member of the
                    Armed Forces who has experience working with military
                    families.
                (3) Individuals appointed outside department of defense.--
            Individuals appointed to the task force from outside the
            Department of Defense may include officers or employees of
            other departments or agencies of the Federal Government,
            officers or employees of State and local governments, or
            individuals from the private sector.
                (4) Deadline for appointment.--All appointments of
            individuals to the task force shall be made not later than 180
            days after the date of the enactment of this Act.
                (5) Co-chairs of task force.--There shall be two co-chairs
            of the task force. One of the co-chairs shall be designated by
            the Secretary of the Defense at the time of appointment from
            among the Department of Defense personnel appointed to the task
            force. The other co-chair shall be selected from among the
            members appointed from outside the Department of Defense by
            members so appointed.
        (c) Assessment and Recommendations on Suicide Prevention Policy.--
                (1) In general.--Not later than 12 months after the date on
            which all members of the task force have been appointed, the
            task force shall submit to the Secretary a report containing
            recommendations regarding a comprehensive policy designed to
            prevent suicide by members of the Armed Forces.
                (2) Utilization of other efforts.--In preparing the report,
            the task force shall take into consideration completed and
            ongoing efforts by the military departments to improve the
            efficacy of suicide prevention programs.
                (3) Elements.--The recommendations (including
            recommendations for legislative or administrative action) shall
            include measures to address the following:
                        (A) Methods to identify trends and common causal
                    factors in suicides by members of the Armed Forces.
                        (B) Methods to establish or update suicide
                    education and prevention programs conducted by each
                    military department based on identified trends and
                    causal factors.
                        (C) An assessment of current suicide education and
                    prevention programs of each military department.
                        (D) An assessment of suicide incidence by military
                    occupation to include identification of military
                    occupations with a high incidence of suicide.
                        (E) The appropriate type and method of
                    investigation to determine the causes and factors
                    surrounding each suicide by a member of the Armed
                    Forces.
                        (F) The qualifications of the individual appointed
                    to conduct an investigation of a suicide by a member of
                    the Armed Forces.
                        (G) The required information to be determined by an
                    investigation in order to determine the causes and
                    factors surrounding suicides by members of the Armed
                    Forces.
                        (H) The appropriate reporting requirements
                    following an investigation conducted on a suicide by a
                    member of the Armed Forces.
                        (I) The appropriate official or executive agent
                    within the military department and Department of
                    Defense to receive and analyze reports on
                    investigations of suicides by members of the Armed
                    Forces.
                        (J) The appropriate use of the information gathered
                    during investigations of suicides by members of the
                    Armed Forces.
                        (K) Methods for protecting confidentiality of
                    information contained in reports of investigations of
                    suicides by members of the Armed Forces.
        (d) Administrative Matters.--
                (1) Compensation.--Each member of the task force who is a
            member of the Armed Forces or a civilian officer or employee of
            the United States shall serve without compensation (other than
            compensation to which entitled as a member of the Armed Forces
            or an officer or employee of the United States, as the case may
            be). Other members of the task force shall be treated for
            purposes of section 3161 of title 5, United States Code, as
            having been appointed under subsection (b) of such section.
                (2) Oversight.--The Under Secretary of Defense for
            Personnel and Readiness shall oversee the activities of the
            task force.
                (3) Administrative support.--The Washington Headquarters
            Services of the Department of Defense shall provide the task
            force with personnel, facilities, and other administrative
            support as necessary for the performance of the duties of the
            task force.
                (4) Access to facilities.--The Under Secretary of Defense
            for Personnel and Readiness shall, in coordination with the
            Secretaries of the military departments, ensure appropriate
            access by the task force to military installations and
            facilities for purposes of the discharge of the duties of the
            task force.
        (e) Report.--
                (1) In general.--The task force shall submit to the
            Secretary of Defense a report on its activities under this
            section. The report shall include--
                        (A) a description of the activities of the task
                    force;
                        (B) the assessment and recommendations required by
                    subsection (c); and
                        (C) such other matters relating to the activities
                    of the task force that the task force considers
                    appropriate.
                (2) Transmittal to congress.--Not later than 90 days after
            receipt of the report under paragraph (1), the Secretary shall
            transmit the report to the Committees on Armed Services of the
            Senate and the House of Representatives. The Secretary may
            include in the transmittal such comments on the report as the
            Secretary considers appropriate.
        (f) Plan Required.--Not later than March 1, 2010, the Secretary of
    Defense shall develop a plan based on the recommendations of the task
    force and submit the plan to the congressional defense committees.
        (g) Termination.--The task force shall terminate 90 days after the
    date on which the report of the task force is submitted to Congress
    under subsection (e)(2).

    SEC. 734. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF THE ARMED
                  FORCES WHO AGREE TO SERVE IN THE SELECTED RESERVE OF THE
                  READY RESERVE.

        (a) Provision of Transitional Health Care.--Section 1145(a)(2) of
    title 10, United States Code, is amended by adding at the end the
    following new subparagraph:
                ``(F) A member who is separated from active duty who agrees
            to become a member of the Selected Reserve of the Ready Reserve
            of a reserve component.''.
        (b) Effective Date.--Subparagraph (F) of section 1145(a)(2) of
    title 10, United States Code, as added by subsection (a), shall apply
    with respect to members of the Armed Forces separated from active duty
    after the date of the enactment of this Act.

    SEC. 735. ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF MEMBERS OF THE
                  ARMED FORCES.

        (a) Expansion of Availability of Medical and Dental Services for
    Reserves.--
                (1) Expansion of availability for reserves assigned to
            units scheduled for deployment within 75 days of
            mobilization.--Subsection (d)(1) of section 1074a of title 10,
            United States Code, is amended by striking ``The Secretary of
            the Army shall provide to members of the Selected Reserve of
            the Army'' and inserting ``The Secretary concerned shall
            provide to members of the Selected Reserve''.
                (2) Availability for certain other reserves.--Such section
            is further amended by adding at the end the following new
            subsection:
        ``(g)(1) The Secretary concerned may provide to any member of the
    Selected Reserve not described in subsection (d)(1) or (f), and to any
    member of the Individual Ready Reserve described in section 10144(b) of
    this title the medical and dental services specified in subsection
    (d)(1) if the Secretary determines that the receipt of such services by
    such member is necessary to ensure that the member meets applicable
    standards of medical and dental readiness.
        ``(2) Services may not be provided to a member under this
    subsection for a condition that is the result of the member's own
    misconduct.
        ``(3) The services provided under this subsection shall be provided
    at no cost to the member.''.
                (3) Funding.--Such section is further amended by adding at
            the end the following new subsection:
        ``(h) Amounts available for operation and maintenance of a reserve
    component of the armed forces may be available for purposes of this
    section to ensure the medical and dental readiness of members of such
    reserve component.''.
        (b) Waiver of Certain Copayments for Dental Care for Reserves for
    Readiness Purposes.--Section 1076a(e) of such title is amended--
                (1) by redesignating paragraphs (1), (2), and (3) as
            subparagraphs (A), (B), and (C), respectively;
                (2) by striking ``A member or dependent'' and inserting
            ``(1) Except as provided pursuant to paragraph (2), a member or
            dependent''; and
                (3) by adding at the end the following new paragraph:
        ``(2)(A) During a national emergency declared by the President or
    Congress and subject to regulations prescribed by the Secretary of
    Defense, the Secretary may waive, in whole or in part, the charges
    otherwise payable by a member of the Selected Reserve of the Ready
    Reserve or a member of the Individual Ready Reserve under paragraph (1)
    for the coverage of the member alone under the dental insurance plan
    established under subsection (a)(1) if the Secretary determines that
    such waiver of the charges would facilitate or ensure the readiness of
    a unit or individual for deployment.
        ``(B) The waiver under subparagraph (A) may apply only with respect
    to charges for coverage of dental care required for readiness.''.
        (c) Report on Policies and Procedures in Support of Medical and
    Dental Readiness.--
                (1) In general.--Not later than March 1, 2009, the
            Secretary of Defense shall submit to the Committees on Armed
            Services of the Senate and the House of Representatives a
            report on the policies and procedures of the Department of
            Defense to ensure the medical and dental readiness of members
            of the Armed Forces.
                (2) Elements.--The report required by paragraph (1) shall
            include the following:
                        (A) A description of the current standards of each
                    military department with respect to the medical and
                    dental readiness of individual members of the Armed
                    Forces (including members of the regular components and
                    members of the reserve components), and with respect to
                    the medical and dental readiness of units of the Armed
                    Forces (including units of the regular components and
                    units of the reserve components), under the
                    jurisdiction of such military department.
                        (B) A description of the manner in which each
                    military department applies the standards described
                    under subparagraph (A) with respect to each of the
                    following:
                                (i) Performance evaluation.
                                (ii) Promotion.
                                (iii) In the case of the members of the
                            reserve components, eligibility to attend
                            annual training.
                                (iv) Continued retention in the Armed
                            Forces.
                                (v) Such other matters as the Secretary
                            considers appropriate.
                        (C) A statement of the number of members of the
                    Armed Forces (including members of the regular
                    components and members of the reserve components) who
                    were determined to be not ready for deployment at any
                    time during the period beginning on October 1, 2001,
                    and ending on September 30, 2008, due to failure to
                    meet applicable medical or dental standards, and an
                    assessment of whether the unreadiness of such members
                    for deployment could reasonably have been mitigated by
                    actions of the members concerned to maintain individual
                    medical or dental readiness.
                        (D) A description of any actual or perceived
                    barriers to the achievement of full medical and dental
                    readiness in the Armed Forces (including among the
                    regular components and the reserve components),
                    including barriers associated with the following:
                                (i) Quality or cost of, or access to,
                            medical and dental care.
                                (ii) Availability of programs and
                            incentives intended to prevent medical or
                            dental problems.
                        (E) Such recommendations for legislative or
                    administrative action as the Secretary considers
                    appropriate to ensure the medical and dental readiness
                    of individual members of the Armed Forces and units of
                    the Armed Forces, including recommendations regarding
                    the following:
                                (i) The advisability of requiring that
                            fitness reports of members of the Armed Forces
                            include--
                                        (I) a statement of whether or not a
                                    member meets medical and dental
                                    readiness standards for deployment; and
                                        (II) in cases in which a member
                                    does not meet such standard, a
                                    statement of actions being taken to
                                    ensure that the member meets such
                                    standards and the anticipated schedule
                                    for meeting such standards.
                                (ii) The advisability of establishing a
                            mandatory promotion standard relating to
                            individual medical and dental readiness and, in
                            the case of a unit commander, unit medical and
                            dental readiness.

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

                 Subtitle A--Acquisition Policy and Management

    Sec. 801.  Assessment of urgent operational needs fulfillment.
    Sec. 802. Implementation of statutory requirements regarding the
                                national technology and industrial base.
    Sec. 803. Commercial software reuse preference.
    Sec. 804. Internal controls for procurements on behalf of the
                                Department of Defense by certain non-
                                defense agencies.

     Subtitle B--Provisions Relating to Major Defense Acquisition Programs

    Sec. 811. Inclusion of major subprograms to major defense acquisition
                                programs under acquisition reporting
                                requirements.
    Sec. 812. Inclusion of certain major information technology investments
                                in acquisition oversight authorities for
                                major automated information system
                                programs.
    Sec. 813. Transfer of sections of title 10 relating to Milestone A and
                                Milestone B for clarity.
    Sec. 814. Configuration steering boards for cost control under major
                                defense acquisition programs.
    Sec. 815. Preservation of tooling for major defense acquisition
                                programs.

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

    Sec. 821. Definition of system for Defense Acquisition Challenge
                                Program.
    Sec. 822. Technical data rights.
    Sec. 823. Revision to the application of Cost Accounting Standards.
    Sec. 824. Modification and extension of pilot program for transition to
                                follow-on contracts under authority to
                                carry out certain prototype projects.
    Sec. 825. Clarification of status of Government rights in the designs
                                of Department of Defense vessels, boats,
                                craft, and components thereof.

    Subtitle D--Provisions Relating to Acquisition Workforce and Inherently
                             Governmental Functions

    Sec. 831. Development of guidance on personal services contracts.
    Sec. 832. Sense of Congress on performance by private security
                                contractors of certain functions in an area
                                of combat operations.
    Sec. 833. Acquisition workforce expedited hiring authority.
    Sec. 834. Career path and other requirements for military personnel in
                                the acquisition field.

              Subtitle E--Department of Defense Contractor Matters

    Sec. 841. Ethics safeguards related to contractor conflicts of
                                interest.
    Sec. 842. Information for Department of Defense contractor employees on
                                their whistleblower rights.
    Sec. 843. Requirement for Department of Defense to adopt an acquisition
                                strategy for Defense Base Act insurance.
    Sec. 844. Report on use of off-shore subsidiaries by defense
                                contractors.
    Sec. 845. Defense industrial security.

              Subtitle F--Matters Relating to Iraq and Afghanistan

    Sec. 851. Clarification and modification of authorities relating to the
                                Commission on Wartime Contracting in Iraq
                                and Afghanistan.
    Sec. 852. Comprehensive audit of spare parts purchases and depot
                                overhaul and maintenance of equipment for
                                operations in Iraq and Afghanistan.
    Sec. 853. Additional matters required to be reported by contractors
                                performing security functions in areas of
                                combat operations.
    Sec. 854. Additional contractor requirements and responsibilities
                                relating to alleged crimes by or against
                                contractor personnel in Iraq and
                                Afghanistan.
    Sec. 855. Suspension of statutes of limitations when Congress
                                authorizes the use of military force.

              Subtitle G--Governmentwide Acquisition Improvements

    Sec. 861. Short title.
    Sec. 862. Limitation on length of certain noncompetitive contracts.
    Sec. 863. Requirements for purchase of property and services pursuant
                                to multiple award contracts.
    Sec. 864. Regulations on the use of cost-reimbursement contracts.
    Sec. 865. Preventing abuse of interagency contracts.
    Sec. 866. Limitations on tiering of subcontractors.
    Sec. 867. Linking of award and incentive fees to acquisition outcomes.
    Sec. 868. Minimizing abuse of commercial services item authority.
    Sec. 869. Acquisition workforce development strategic plan.
    Sec. 870. Contingency Contracting Corps.
    Sec. 871. Access of Government Accountability Office to contractor
                                employees.
    Sec. 872. Database for Federal agency contract and grant officers and
                                suspension and debarment officials.
    Sec. 873. Role of Interagency Committee on Debarment and Suspension.
    Sec. 874. Improvements to the Federal procurement data system.

                           Subtitle H--Other Matters

    Sec. 881. Expansion of authority to retain fees from licensing of
                                intellectual property.
    Sec. 882. Report on market research.
    Sec. 883. Report relating to munitions.
    Sec. 884. Motor carrier fuel surcharges.
    Sec. 885. Procurement by State and local governments of equipment for
                                homeland security and emergency response
                                activities through the Department of
                                Defense.
    Sec. 886. Review of impact of covered subsidies on acquisition of KC-45
                                aircraft.
    Sec. 887.  Report on the implementation of earned value management at
                                the Department of Defense.

                 Subtitle A--Acquisition Policy and Management

    SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.

        (a) Assessment Required.--The Secretary of Defense shall commission
    a study and report by an independent commission or a federally funded
    research and development center to assess the effectiveness of the
    processes used by the Department of Defense for the generation of
    urgent operational need requirements, and the acquisition processes
    used to fulfill such requirements. Such assessment shall include the
    following:
                (1) A description and evaluation of the effectiveness of
            the procedures used to generate, validate, and fulfill
            warfighting requirements through the urgent operational need
            and joint urgent operational need processes, including--
                        (A) the extent to which joint and urgent
                    operational need statements are used to document
                    required capability gaps or are used to request
                    specific acquisition outcomes, such as specific systems
                    or equipment;
                        (B) the effectiveness of the processes used by each
                    of the military departments and the various elements of
                    the Department of Defense to prioritize and fulfill
                    joint and urgent operational needs, including the rapid
                    acquisition processes of the military departments, as
                    well as the joint improvised explosive device defeat
                    organization and the joint rapid acquisition cell; and
                        (C) the timeliness and responsiveness of the
                    processes used by the military departments and the
                    various elements of the Department of Defense to review
                    and validate urgent operational needs statements and
                    joint urgent operational needs statements.
                (2) An evaluation of the extent to which joint urgent
            operational need statements are used to avoid using service-
            specific urgent operational need and acquisition processes or
            to document non-urgent capability gaps.
                (3) An evaluation of the extent to which joint acquisition
            entities maintain oversight, once a military department or
            defense agency has been designated as responsible for execution
            and fielding of a capability in response to a joint urgent
            operational need statement, including oversight of--
                        (A) the responsiveness of the military department
                    or agency in execution;
                        (B) the field performance of the capability
                    delivered in response to the joint urgent operational
                    need statement; and
                        (C) the concurrent development of a long term
                    acquisition and sustainment strategy.
                (8) Recommendations regarding--
                        (A) best practices and process improvements to
                    ensure that urgent operational needs statements and
                    joint urgent operational needs statements are presented
                    to appropriate authorities for review and validation
                    not later than 60 days after the documents are
                    submitted;
                        (B) common definitions and standards for urgent
                    operational needs statements and joint urgent
                    operational need statements;
                        (C) best practices and process improvements for the
                    creation, evaluation, prioritization, and fulfillment
                    of urgent operational need statements and joint urgent
                    operational need statements; and
                        (D) the extent to which rapid acquisition processes
                    should be consolidated or expanded.
        (b) Submission to Congress.--Not later than 270 days after the date
    of the enactment of this Act, the Secretary of Defense shall submit to
    the congressional defense committees the report resulting from the
    study conducted pursuant to subsection (a).

    SEC. 802. IMPLEMENTATION OF STATUTORY REQUIREMENTS REGARDING THE
                  NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

        (a) Guidance Required.--Not later than 270 days after the date of
    the enactment of this Act, the Secretary of Defense shall issue
    guidance regarding--
                (1) the appropriate application of the authority in
            sections 2304(b) and 2304(c)(3)(A) of title 10, United States
            Code, in connection with major defense acquisition programs;
            and
                (2) the appropriate timing and performance of the
            requirement in section 2440 of title 10, United States Code, to
            consider the national technology and industrial base in the
            development and implementation of acquisition plans for each
            major defense acquisition program.
        (b) Definitions.--In this section;
                (1) Major defense acquisition program.--The term ``major
            defense acquisition program'' has the meaning provided in
            section 2430 of title 10, United States Code.
                (2) National technology and industrial base.--The term
            ``national technology and industrial base'' has the meaning
            provided in section 2500(1) of title 10, United States Code.

    SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE.

        (a) In General.--The Secretary of Defense shall ensure that
    contracting officials identify and evaluate, at all stages of the
    acquisition process (including concept refinement, concept decision,
    and technology development), opportunities for the use of commercial
    computer software and other non-developmental software.
        (b) Report.--Not later than 270 days after the date of enactment of
    this Act, the Secretary shall submit to the congressional defense
    committees a report on actions taken to implement subsection (a),
    including a description of any relevant regulations and policy
    guidance.

    SEC. 804. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
                  DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES.

        (a) Inclusion of Additional Non-Defense Agencies in Review.--The
    covered non-defense agencies specified in subsection (c) of this
    section shall be considered covered non-defense agencies as defined in
    subsection (i) of section 817 of the John Warner National Defense
    Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
    2326) for purposes of such section.
        (b) Deadlines and Applicability for Additional Non-Defense
    Agencies.--For each covered non-defense agency specified in subsection
    (c) of this section, section 817 of the John Warner National Defense
    Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
    2326) shall apply to such agency as follows:
                (1) The review and determination required by subsection
            (a)(1) of such section shall be completed by not later than
            March 15, 2009.
                (2) The review and determination required by subsection
            (a)(2) of such section, if necessary, shall be completed by not
            later than June 15, 2010, and such review and determination
            shall be a review and determination of such agency's
            procurement of property and services on behalf of the
            Department of Defense in fiscal year 2009.
                (3) The memorandum of understanding required by subsection
            (c)(1) of such section shall be entered into by not later than
            60 days after the date of the enactment of this Act.
                (4) The limitation specified in subsection (d)(1) of such
            section shall apply after March 15, 2009, and before June 16,
            2010.
                (5) The limitation specified in subsection (d)(2) of such
            section shall apply after June 15, 2010.
                (6) The limitation required by subsection (d)(3) of such
            section shall commence, if necessary, on the date that is 60
            days after the date of the enactment of this Act.
        (c) Definition of Covered Non-Defense Agency.--In this section, the
    term ``covered non-defense agency'' means each of the following:
                (1) The Department of Commerce.
                (2) The Department of Energy.
        (d) Modification of Certain Additional Authorities on Internal
    Controls for Procurements on Behalf of DOD.--Section 801 of the
    National Defense Authorization Act for Fiscal Year 2008 (Public Law
    110-181; 122 Stat. 202; 10 U.S.C. 2304 note) is amended--
                (1) in subsection (a)(2)--
                        (A) in subparagraph (B), by striking ``each of the
                    Department of the Treasury, the Department of the
                    Interior, and the National Aeronautics and Space
                    Administration'' and inserting ``the Department of the
                    Interior''; and
                        (B) by adding at the end the following new
                    subparagraph:
                        ``(D) In the case of each of the Department of
                    Commerce and the Department of Energy, by not later
                    than March 15, 2015.''; and
                (2) in subsection (f)(2)--
                        (A) by striking subparagraphs (B) and (D);
                        (B) by redesignating subparagraphs (C), (E), and
                    (F) as subparagraphs (B), (C), and (D), respectively;
                    and
                        (C) by adding at the end the following new
                    subparagraphs:
                        ``(E) The Department of Commerce.
                        ``(F) The Department of Energy.''.

     Subtitle B--Provisions Relating to Major Defense Acquisition Programs

    SEC. 811. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE ACQUISITION
                  PROGRAMS UNDER ACQUISITION REPORTING REQUIREMENTS.

        (a) Authority To Designate Major Subprograms as Subject to
    Acquisition Reporting Requirements.--
                (1) In general.--Chapter 144 of title 10, United States
            Code, is amended by inserting after section 2430 the following
            new section:
    ``Sec. 2430a. Major subprograms
        ``(a) Authority To Designate Major Subprograms as Subject to
    Acquisition Reporting Requirements.--(1) If the Secretary of Defense
    determines that a major defense acquisition program requires the
    delivery of two or more categories of end items which differ
    significantly from each other in form and function, the Secretary may
    designate each such category of end items as a major subprogram for the
    purposes of acquisition reporting under this chapter.
        ``(2) The Secretary shall notify the congressional defense
    committees in writing of any proposed designation pursuant to paragraph
    (1) not less than 30 days before the date such designation takes
    effect.
        ``(b) Reporting Requirements.--If the Secretary designates a major
    subprogram of a major defense acquisition program in accordance with
    subsection (a), Selected Acquisition Reports, unit cost reports, and
    program baselines under this chapter shall reflect cost, schedule, and
    performance information--
                ``(1) for the major defense acquisition program as a whole;
            and
                ``(2) for each major subprogram of the major defense
            acquisition program so designated.
        ``(c) Requirement to Cover Entire Major Defense Acquisition
    Program.--If a subprogram of a major defense acquisition program is
    designated as a major subprogram under subsection (a), all other
    elements of the major defense acquisition program shall be
    appropriately organized into one or more subprograms under the major
    defense acquisition program, each of which subprograms, as so
    organized, shall be treated as a major subprogram under subsection (a).
        ``(d) Definitions.--Notwithstanding paragraphs (1) and (2) of
    section 2432(a) of this title, in the case of a major defense
    acquisition program for which the Secretary has designated one or more
    major subprograms under this section for the purposes of this chapter--
                ``(1) the term `program acquisition unit cost' applies at
            the level of the subprogram and means the total cost for the
            development and procurement of, and specific military
            construction for, the major defense acquisition program that is
            reasonably allocable to each such major subprogram, divided by
            the relevant number of fully-configured end items to be
            produced under such major subprogram;
                ``(2) the term `procurement unit cost' applies at the level
            of the subprogram and means the total of all funds programmed
            to be available for obligation for procurement for each such
            major subprogram, divided by the number of fully-configured end
            items to be procured under such major subprogram;
                ``(3) the term `major contract', with respect to a
            designated major subprogram, means each of the six largest
            prime, associate, or Government furnished equipment contracts
            under the subprogram that is in excess of $40,000,000 and that
            is not a firm-fixed price contract; and
                ``(4) the term `life cycle cost', with respect to a
            designated major subprogram, means all costs of development,
            procurement, military construction, and operations and support,
            without regard to funding source or management control.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 144 of such title is amended by inserting
            after the item relating to section 2430 the following new item:

    ``2430a. Major subprograms.''.
        (b) Conforming Amendments to Section 2432.--Section 2432 of such
    title is amended--
                (1) in subsection (b)(2)(A), by inserting ``for the program
            (or for each designated subprogram under the program)'' after
            ``procurement unit cost'';
                (2) in subsection (c)--
                        (A) in paragraph (1)(B)--
                                (i) by inserting ``or designated major
                            subprogram'' after ``for each major defense
                            acquisition program''; and
                                (ii) by inserting ``or subprogram'' after
                            ``the program'';
                        (B) in paragraph (1)(C)--
                                (i) by inserting ``or designated major
                            subprogram'' after ``major defense acquisition
                            program''; and
                                (ii) by inserting ``or subprogram'' after
                            ``the program''; and
                        (C) in paragraph (3)(A), by inserting ``and each
                    designated major subprogram'' after ``for each major
                    defense acquisition program'';
                (3) in subsection (e)--
                        (A) in paragraph (3), by inserting before the
                    period the following: ``for the program (or for each
                    designated major subprogram under the program)'';
                        (B) in paragraph (5), by inserting before the
                    period the following: ``(or for each designated major
                    subprogram under the program)'';
                        (C) in paragraph (7), by inserting ``or
                    subprogram'' after ``of the program'' each place it
                    appears; and
                        (D) in paragraph (8), by inserting ``and designated
                    major subprograms under the program'' after ``the
                    program'';
                (4) in subsection (g)--
                        (A) by inserting ``or designated major subprogram''
                    after ``major defense acquisition program''; and
                        (B) by inserting ``or subprogram'' after ``the
                    program'' each place it appears; and
                (5) in subsection (h)(2)(C), by inserting ``and designated
            major subprograms under the program'' after ``the development
            program''.
        (c) Conforming Amendments to Section 2433.--Section 2433 of such
    title is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by striking ``The terms'' and
                    inserting ``Except as provided in section 2430a(c) of
                    this title, the terms'';
                        (B) in paragraph (2)--
                                (i) by inserting ``or designated major
                            subprogram'' after ``major defense acquisition
                            program''; and
                                (ii) by inserting ``or subprogram'' after
                            ``the program'';
                        (C) in paragraph (4)--
                                (i) by inserting ``or designated major
                            defense subprogram'' after ``major defense
                            acquisition program'' each place it appears;
                            and
                                (ii) by inserting ``or subprogram'' after
                            ``for the program'' each place it appears; and
                        (D) in paragraph (5)--
                                (i) by inserting ``or designated major
                            defense subprogram'' after ``major defense
                            acquisition program'' each place it appears;
                            and
                                (ii) by inserting ``or subprogram'' after
                            ``for the program'' each place it appears;
                (2) in subsection (b)--
                        (A) in the matter preceding paragraph (1), by
                    inserting ``(or of each designated major subprogram
                    under the program)'' after ``unit costs of the
                    program'';
                        (B) in paragraph (1), by inserting before the
                    period the following: ``for the program (or for each
                    designated major subprogram under the program)'';
                        (C) in paragraph (2), by inserting before the
                    period the following: ``for the program (or for each
                    designated major subprogram under the program)''; and
                        (D) in paragraph (5), by inserting ``or
                    subprogram'' after ``the program'' each place it
                    appears (other than the last place it appears);
                (3) in subsection (c)--
                        (A) by striking ``the program acquisition unit cost
                    for the program or the procurement unit cost for the
                    program'' and inserting ``the program acquisition unit
                    cost for the program (or for a designated major
                    subprogram under the program) or the procurement unit
                    cost for the program (or for such a subprogram)''; and
                        (B) by striking ``for the program'' after
                    ``significant cost growth threshold'';
                (4) in subsection (d)--
                        (A) in paragraph (1)--
                                (i) by inserting ``or any designated major
                            subprogram under the program'' after ``major
                            defense acquisition program''; and
                                (ii) by inserting ``or subprogram'' after
                            ``for the program'' each place it appears;
                        (B) in paragraph (2)--
                                (i) by inserting ``or any designated major
                            subprogram under the program'' after ``major
                            defense acquisition program''; and
                                (ii) by inserting ``or subprogram'' after
                            ``for the program'' each place it appears; and
                        (C) in paragraph (3), by striking ``such program''
                    and inserting ``the program or subprogram concerned'';
                (5) in subsection (e)--
                        (A) in paragraph (1)--
                                (i) in subparagraph (A)--
                                        (I) by inserting ``or designated
                                    major subprogram'' after ``major
                                    defense acquisition program''; and
                                        (II) by inserting ``or subprogram''
                                    after ``for the program''; and
                                (ii) in subparagraph (B)--
                                        (I) by inserting ``or designated
                                    major subprogram'' after ``major
                                    defense acquisition program''; and
                                        (II) by inserting ``or subprogram''
                                    after ``that program''; and
                        (B) in paragraph (2), in the matter preceding
                    subparagraph (A)--
                                (i) by inserting ``or designated major
                            subprogram'' after ``major defense acquisition
                            program''; and
                                (ii) by inserting ``or subprogram'' after
                            ``for the program''; and
                (6) in subsection (g)--
                        (A) in paragraph (1)--
                                (i) in subparagraph (D)--
                                        (I) by inserting ``(and for each
                                    designated major subprogram under the
                                    program)'' after ``for the program'';
                                    and
                                        (II) by inserting ``or subprogram''
                                    after ``in which the program'';
                                (ii) in subparagraph (E), by inserting
                            ``for the program (and for each designated
                            major subprogram under the program)'' after
                            ``program acquisition cost'';
                                (iii) in subparagraph (F), by inserting
                            before the period the following: ``for the
                            program (or for any designated major subprogram
                            under the program)'';
                                (iv) in subparagraph (G)--
                                        (I) by inserting ``and each
                                    designated major subprogram under the
                                    program'' after of ``the program''; and
                                        (II) by inserting ``or subprogram''
                                    after ``for the program'' each place it
                                    appears;
                                (v) in subparagraph (H)--
                                        (I) by inserting ``and each
                                    designated major subprogram under the
                                    program'' after ``the program'' the
                                    first place it appears; and
                                        (II) by inserting ``or subprogram''
                                    after ``the program'' the second place
                                    it appears;
                                (vi) in subparagraph (J), by inserting
                            ``for the program (or for each designated major
                            subprogram under the program)'' after ``program
                            acquisition unit cost'';
                                (vii) in subparagraph (K), by inserting
                            ``for the program (or for each designated major
                            subprogram under the program)'' after
                            ``procurement unit cost'' each place it
                            appears;
                                (viii) in subparagraph (O), by inserting
                            before the period the following: ``for the
                            program (or for any designated major subprogram
                            under the program)'';
                                (ix) in subparagraph (P)--
                                        (I) by inserting ``or subprogram''
                                    after ``the program'' the first place
                                    it appears; and
                                        (II) by inserting ``and any
                                    designated major subprogram under the
                                    program'' after ``the program'' the
                                    second place it appears; and
                                (x) in subparagraph (Q), by inserting ``or
                            any designated major subprogram under the
                            program'' after ``the program''; and
                        (B) in paragraph (2)--
                                (i) by inserting ``or designated major
                            subprogram'' after ``major defense acquisition
                            program'';
                                (ii) by inserting ``or subprogram'' after
                            ``the entire program''; and
                                (iii) by inserting ``or subprogram'' after
                            ``a program''.
        (d) Conforming Amendments to Section 2435.--Section 2435 of such
    title is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by inserting ``and for each
                    designated major subprogram under the program'' after
                    ``major defense acquisition program''; and
                        (B) in paragraph (2), by inserting ``or designated
                    major subprogram'' after ``major defense acquisition
                    program'';
                (2) in subsection (b)--
                        (A) by inserting ``or any designated major
                    subprogram under the program'' after ``major defense
                    acquisition program''; and
                        (B) by inserting ``or subprogram'' after ``the
                    program'';
                (3) in subsection (c)--
                        (A) by inserting ``or any designated major
                    subprogram under the program'' after ``major defense
                    acquisition program''; and
                        (B) by inserting ``or subprogram'' after ``the
                    program'' each place it appears;
                (4) in subsection (d)--
                        (A) by inserting ``or any designated major
                    subprogram under the program'' after ``major defense
                    acquisition program'' each place it appears;
                        (B) in paragraph (1)--
                                (i) by inserting ``or subprogram'' after
                            ``the program'' each place it appears; and
                                (ii) by inserting ``or subprogram'' after
                            ``at program''; and
                        (C) in paragraph (2), by inserting ``or
                    subprogram'' after ``for the program'' each place it
                    appears; and
                (5) in subsection (e)--
                        (A) by inserting ``(or in the case of a major
                    defense acquisition program with one or more designated
                    major subprograms, approved baseline descriptions for
                    such subprograms)'' after ``baseline description'';
                        (B) by striking ``the baseline'' and inserting
                    ``any such baseline description''; and
                        (C) by inserting ``or subprogram'' after ``of the
                    program''.

    SEC. 812. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY INVESTMENTS
                  IN ACQUISITION OVERSIGHT AUTHORITIES FOR MAJOR AUTOMATED
                  INFORMATION SYSTEM PROGRAMS.

        (a) Definitions.--
                (1) In general.--Section 2445a of title 10, United States
            Code, is amended--
                        (A) in subsection (a), by striking ``In General''
                    and inserting ``Major Automated Information System
                    Program''; and
                        (B) by adding at the end the following new
                    subsection:
        ``(d) Other Major Information Technology Investment Program.--In
    this chapter, the term `other major information technology investment
    program' means the following:
                ``(1) An investment that is designated by the Secretary of
            Defense, or a designee of the Secretary, as a `pre-Major
            Automated Information System' or `pre-MAIS' program.
                ``(2) Any other investment in automated information system
            products or services that is expected to exceed the thresholds
            established in subsection (a), as adjusted under subsection
            (b), but is not considered to be a major automated information
            system program because a formal acquisition decision has not
            yet been made with respect to such investment.''.
                (2) Heading amendment.--The heading of such section is
            amended to read as follows:
    ``Sec. 2445a. Definitions''.
                (3) Clerical amendment.--The table of sections at the
            beginning of chapter 144A of such title is amended by striking
            the item relating to section 2445a and inserting the following
            new item:

    ``2445a. Definitions.''.
        (b) Cost, Schedule, and Performance Information.--Section 2445b of
    such title is amended--
                (1) in subsection (a), by inserting ``and each other major
            information technology investment program'' after ``each major
            automated information system program'';
                (2) in subsection (b), by inserting ``Regarding Major
            Automated Information System Programs'' after ``Elements''; and
                (3) by adding at the end the following new subsection:
        ``(d) Elements Regarding Other Major Information Technology
    Investment Programs.--With respect to each other major information
    technology investment program, the information required by subsection
    (a) may be provided in the format that is most appropriate to the
    current status of the program.''.
        (c) Quarterly Reports.--Section 2445c of such title is amended--
                (1) in subsection (a)--
                        (A) by inserting ``or other major information
                    technology investment program'' after ``major automated
                    information system program''; and
                        (B) by inserting ``or information technology
                    investment'' after ``the major automated information
                    system'';
                (2) in subsection (b)--
                        (A) by inserting ``or other major information
                    technology investment program'' after ``major automated
                    information system program'' in the matter preceding
                    paragraph (1); and
                        (B) by inserting ``or information technology
                    investment'' after ``automated information system''
                    each place it appears in paragraphs (1) and (2);
                (3) in subsection (d)--
                        (A) in paragraph (1) and in paragraph (2) in the
                    matter preceding subparagraph (A), by inserting ``or
                    other major information technology investment program''
                    after ``major automated information system program'';
                    and
                        (B) in paragraph (2)--
                                (i) by striking subparagraph (A) and
                            inserting the following:
                        ``(A) the automated information system or
                    information technology investment failed to achieve
                    initial operational capability within five years after
                    funds were first obligated for the program;'';
                                (ii) in subparagraph (B), by inserting
                            before the semicolon the following: ``or
                            section 2445b(d) of this title, as
                            applicable'';
                                (iii) in subparagraph (C), by inserting
                            before the semicolon the following: ``or
                            section 2445b(d) of this title, as
                            applicable''; and
                                (iv) in subparagraph (D)--
                                        (I) by inserting ``or major
                                    information technology investment''
                                    after ``major automated information
                                    system''; and
                                        (II) by inserting before the period
                                    the following: ``or section 2445b(d) of
                                    this title, as applicable'';
                (4) in subsection (e), by inserting ``or other major
            information technology investment program'' after ``major
            automated information system program''; and
                (5) in subsection (f)--
                        (A) by inserting ``or other major information
                    technology investment program'' after ``major automated
                    information system program'' in the matter preceding
                    paragraph (1);
                        (B) in paragraph (1), by inserting ``or information
                    technology investment'' after ``automated information
                    system'';
                        (C) in paragraph (2), by inserting ``or information
                    technology investment'' after ``the system''; and
                        (D) in paragraph (3), by inserting ``or information
                    technology investment, as applicable,'' after ``the
                    program and system''.

    SEC. 813. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILESTONE A AND
                  MILESTONE B FOR CLARITY.

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

    ``2366a. Major defense acquisition programs: certification required
                                before Milestone A or Key Decision Point A
                                approval.
    ``2366b. Major defense acquisition programs: certification required
                                before Milestone B or Key Decision Point B
                                approval.''.
        (d) Conforming Amendments.--
                (1) Section 181 of title 10, united states code.--Section
            181(b)(4) of title 10, United States Code, is amended by
            striking ``section 2366a(a)(4), section 2366b(b),'' and
            inserting ``section 2366a(b), section 2366b(a)(4),''.
                (2) National defense authorization act for fiscal year
            2008.--The National Defense Authorization Act for Fiscal Year
            2008 (Public Law 110-181) is amended--
                        (A) in section 212(1) by striking ``2366a'' and
                    inserting ``2366b''; and
                        (B) in section 816--
                                (i) in subsection (a)(2) by striking
                            ``2366a'' and inserting ``2366b'';
                                (ii) in subsection (a)(3) by striking
                            ``2366b of title 10, United States Code, as
                            added by section 943 of this Act'' and
                            inserting ``2366a of title 10, United States
                            Code''; and
                                (iii) in subsection (c)(2) by striking
                            ``2366a'' each place such term appears
                            (including in the paragraph heading) and
                            inserting ``2366b''.
                (3) John warner national defense authorization act for
            fiscal year 2007.--The John Warner National Defense
            Authorization Act for Fiscal Year 2007 (Public Law 109-364) is
            amended in section 812 (120 Stat. 2317), in each of subsections
            (c)(2)(A) and (d)(2), by striking ``2366a'' and inserting
            ``2366b''.
        (e) Additional Technical Amendments.--
                (1) Section 2366a of title 10, United States Code, as
            transferred and redesignated by this section, is amended--
                        (A) in paragraphs (1), (2), and (4) of subsection
                    (a), by striking ``system'' each place it appears and
                    inserting ``program'';
                        (B) in paragraph (3) of subsection (a)--
                                (i) by striking ``if the system'' and
                            inserting ``if the program''; and
                                (ii) by striking ``such system'' and
                            inserting ``such program'';
                        (C) in subsection (b)--
                                (i) by striking ``major system'' and
                            inserting ``major defense acquisition
                            program''; and
                                (ii) by striking ``the system'' each place
                            it appears and inserting ``the program''; and
                        (D) in paragraph (1) of subsection (c)--
                                (i) by striking ``major system'' and
                            inserting ``major defense acquisition
                            program''; and
                                (ii) by striking ``2302(5)'' and inserting
                            ``2430''.
                (2) Section 943 of the National Defense Authorization Act
            for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 288) is
            amended--
                        (A) in subsection (b), by striking ``major weapon
                    system'' and inserting ``major defense acquisition
                    program''; and
                        (B) in subsection (c)--
                                (i) by striking ``major systems'' and
                            inserting ``major defense acquisition
                            programs''; and
                                (ii) by adding at the end the following:
                            ``In the case of the certification required by
                            paragraph (2) of subsection (a) of such
                            section, during the period prior to the
                            completion of the first quadrennial roles and
                            missions review required by section 118b of
                            title 10, United States Code, the certification
                            required by that paragraph shall be that the
                            system is being executed by an entity with a
                            relevant core competency as identified by the
                            Secretary of Defense.''.

    SEC. 814. CONFIGURATION STEERING BOARDS FOR COST CONTROL UNDER MAJOR
                  DEFENSE ACQUISITION PROGRAMS.

        (a) Configuration Steering Boards.--Each Secretary of a military
    department shall establish one or more boards (to be known as a
    ``Configuration Steering Board'') for the major defense acquisition
    programs of such department.
        (b) Composition.--
                (1) Chair.--Each Configuration Steering Board under this
            section shall be chaired by the service acquisition executive
            of the military department concerned.
                (2) Particular members.--Each Configuration Steering Board
            under this section shall include a representative of the
            following:
                        (A) The Office of the Under Secretary of Defense
                    for Acquisition, Technology, and Logistics.
                        (B) The Chief of Staff of the Armed Force
                    concerned.
                        (C) Other Armed Forces, as appropriate.
                        (D) The Joint Staff.
                        (E) The Comptroller of the military department
                    concerned.
                        (F) The military deputy to the service acquisition
                    executive concerned.
                        (G) The program executive officer for the major
                    defense acquisition program concerned.
                        (H) Other senior representatives of the Office of
                    the Secretary of Defense and the military department
                    concerned, as appropriate.
        (c) Responsibilities.--
                (1) In general.--The Configuration Steering Board for a
            major defense acquisition program under this section shall be
            responsible for the following:
                        (A) Preventing unnecessary changes to program
                    requirements and system configuration that could have
                    an adverse impact on program cost or schedule.
                        (B) Mitigating the adverse cost and schedule impact
                    of any changes to program requirements or system
                    configuration that may be required.
                        (C) Ensuring that the program delivers as much
                    planned capability as possible, at or below the
                    relevant program baseline.
                (2) Discharge of responsibilities.--In discharging its
            responsibilities under this section with respect to a major
            defense acquisition program, a Configuration Steering Board
            shall--
                        (A) review and approve or disapprove any proposed
                    changes to program requirements or system configuration
                    that have the potential to adversely impact program
                    cost or schedule; and
                        (B) review and recommend proposals to reduce
                    program requirements that have the potential to improve
                    program cost or schedule in a manner consistent with
                    program objectives.
                (3) Presentation of recommendations on reduction in
            requirements.--Any recommendation for a proposed reduction in
            requirements that is made by a Configuration Steering Board
            under paragraph (2)(B) shall be presented to appropriate
            organizations of the Joint Staff and the military departments
            responsible for such requirements for review and approval in
            accordance with applicable procedures.
                (4) Annual consideration of each major defense acquisition
            program.--The Secretary of the military department concerned
            shall ensure that a Configuration Steering Board under this
            section meets to consider each major defense acquisition
            program of such military department at least once each year.
                (5) Certification of cost and schedule deviations during
            system design and development.--For a major defense acquisition
            program that received an initial Milestone B approval during
            fiscal year 2008, a Configuration Steering Board may not
            approve any proposed alteration to program requirements or
            system configuration if such an alteration would--
                        (A) increase the cost (including any increase for
                    expected inflation or currency exchange rates) for
                    system development and demonstration by more than 25
                    percent; or
                        (B) extend the schedule for key events by more than
                    15 percent of the total number of months between the
                    award of the system development and demonstration
                    contract and the scheduled Milestone C approval date,
            unless the Under Secretary of Defense for Acquisition,
            Technology, and Logistics certifies to the congressional
            defense committees, and includes in the certification
            supporting rationale, that approving such alteration to program
            requirements or system configuration is in the best interest of
            the Department of Defense despite the cost and schedule impacts
            to system development and demonstration of such program.
        (d) Applicability.--
                (1) In general.--The requirements of this section shall
            apply with respect to any major defense acquisition program
            that is commenced before, on, or after the date of the
            enactment of this Act.
                (2) Current programs.--In the case of any major defense
            acquisition program that is ongoing as of the date of the
            enactment of this Act, a Configuration Steering Board under
            this section shall be established for such program not later
            than 60 days after the date of the enactment of this Act.
        (e) Guidance on Authorities of Program Managers After Milestone
    B.--
                (1) Modification of guidance on authorities.--Paragraph (2)
            of section 853(d) of the John Warner National Defense
            Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
            Stat. 2343) is amended to read as follows:
                ``(2) authorities available to the program manager,
            including--
                        ``(A) the authority to object to the addition of
                    new program requirements that would be inconsistent
                    with the parameters established at Milestone B (or Key
                    Decision Point B in the case of a space program) and
                    reflected in the performance agreement, unless such
                    requirements are approved by the appropriate
                    Configuration Steering Board; and
                        ``(B) the authority to recommend to the appropriate
                    Configuration Steering Board reduced program
                    requirements that have the potential to improve program
                    cost or schedule in a manner consistent with program
                    objectives; and''.
                (2) Applicability.--The Secretary of Defense shall modify
            the guidance described in section 853(d) of the John Warner
            National Defense Authorization Act for Fiscal Year 2007 in
            order to take into account the amendment made by paragraph (1)
            not later than 60 days after the date of the enactment of this
            Act.
        (f) Major Defense Acquisition Program Defined.--In this section,
    the term ``major defense acquisition program'' has the meaning given
    that term in section 2430(a) of title 10, United States Code.

    SEC. 815. PRESERVATION OF TOOLING FOR MAJOR DEFENSE ACQUISITION
                  PROGRAMS.

        (a) Guidance Required.--Not later than 270 days after the date of
    the enactment of this Act, the Secretary of Defense shall issue
    guidance requiring the preservation and storage of unique tooling
    associated with the production of hardware for a major defense
    acquisition program through the end of the service life of the end item
    associated with such a program. Such guidance shall--
                (1) require that the milestone decision authority approve a
            plan, including the identification of any contract clauses,
            facilities, and funding required, for the preservation and
            storage of such tooling prior to Milestone C approval;
                (2) require that the milestone decision authority
            periodically review the plan required by paragraph (1) prior to
            the end of the service life of the end item, to ensure that the
            preservation and storage of such tooling remains adequate and
            in the best interest of the Department of Defense;
                (3) provide a mechanism for the Secretary to waive the
            requirement for preservation and storage of unique production
            tooling, or any category of unique production tooling, if the
            Secretary--
                        (A) makes a written determination that such a
                    waiver is in the best interest of the Department of
                    Defense; and
                        (B) notifies the congressional defense committees
                    of the waiver upon making such determination; and
                (4) provide such criteria as necessary to guide a
            determination made pursuant to paragraph (3)(A).
        (b) Definitions.--In this section:
                (1) Major defense acquisition program.--The term ``major
            defense acquisition program'' has the meaning provided in
            section 2430 of title 10, United States Code.
                (2) Milestone decision authority.--The term ``milestone
            decision authority'' has the meaning provided in section
            2366a(f)(2) of such title.
                (3) Milestone c approval.--The term ``Milestone C
            approval'' has the meaning provided in section 2366(e)(8) of
            such title.

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

    SEC. 821. DEFINITION OF SYSTEM FOR DEFENSE ACQUISITION CHALLENGE
                  PROGRAM.

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

    SEC. 822. TECHNICAL DATA RIGHTS.

        (a) Policy Guidance.--Not later than 270 days after the date of the
    enactment of this Act, the Secretary of Defense shall issue policy
    guidance with respect to rights in technical data under a non-FAR
    agreement. The guidance shall--
                (1) establish criteria for defining the legitimate
            interests of the United States and the party concerned in
            technical data pertaining to an item or process to be developed
            under the agreement;
                (2) require that specific rights in technical data be
            established during agreement negotiations and be based upon
            negotiations between the United States and the potential party
            to the agreement, except in any case in which the Secretary of
            Defense determines, on the basis of criteria established in
            such policy guidance, that the establishment of rights during
            or through agreement negotiations would not be practicable; and
                (3) require the program manager for a major weapon system
            or an item of personnel protective equipment that is to be
            developed using a non-FAR agreement to assess the long-term
            technical data needs of such system or item.
        (b) Requirement to Include Provisions in Non-FAR Agreements.--A
    non-FAR agreement shall contain appropriate provisions relating to
    rights in technical data consistent with the policy guidance issued
    pursuant to subsection (a).
        (c) Definitions.--In this section:
                (1) The term ``non-FAR agreement'' means an agreement that
            is not subject to laws pursuant to which the Federal
            Acquisition Regulation is prescribed, including--
                        (A) a transaction authorized under section 2371 of
                    this title; and
                        (B) a cooperative research and development
                    agreement.
                (2) The term ``party'', with respect to a non-FAR
            agreement, means a non-Federal entity and includes any of the
            following:
                        (A) A contractor and its subcontractors (at any
                    tier).
                        (B) A joint venture.
                        (C) A consortium.
        (d) Report on Life Cycle Planning for Technical Data Needs.--Not
    later than 270 days after the date of enactment of this Act, the
    Secretary of Defense shall submit to the Committees on Armed Services
    of the Senate and the House of Representatives a report on the
    implementation of the requirements in section 2320(e) of title 10,
    United States Code, for the assessment of long-term technical data
    needs to sustain major weapon systems. Such report shall include--
                (1) a description of all relevant guidance or policies
            issued;
                (2) a description of the extent to which program managers
            have received training to better assess the long-term technical
            data needs of major weapon systems and subsystems; and
                (3) a description of one or more examples, if any, where a
            priced contract option has been used on major weapon systems
            for the future delivery of technical data and one or more
            examples, if any, where all relevant technical data were
            acquired upon contract award.

    SEC. 823. REVISION TO THE APPLICATION OF COST ACCOUNTING STANDARDS.

        (a) Requirement for Review of Exemptions to the Cost Accounting
    Standards.--The Cost Accounting Standards Board shall--
                (1) review the inapplicability of the cost accounting
            standards, in accordance with existing exemptions, to any
            contract or subcontract that is executed and performed outside
            the United States when such a contract or subcontract is
            performed by a contractor that, but for the fact that the
            contract or subcontract is being executed and performed
            entirely outside the United States, would be required to comply
            with such standards; and
                (2) determine whether the application of the standards to
            such a contract or subcontract (or any category of such
            contracts and subcontracts) would benefit the Government.
        (b) Publication of Request for Information.--The Cost Accounting
    Standards Board shall publish a request for information as part of the
    review required by subsection (a) and shall provide a copy of the
    request to the appropriate committees of Congress not less than five
    days before the publication of such request.
        (c) Report to Congress Upon Completion of the Review.--Not later
    than 270 days after the date of the enactment of this Act, the Cost
    Accounting Standards Board shall submit to the appropriate committees
    of Congress a report containing--
                (1) any revision to the cost accounting standards proposed
            as a result of the review required by subsection (a) and a copy
            of any proposed rulemaking implementing the revision; or
                (2) if no revision and rulemaking are proposed, a detailed
            justification for such decision.
        (d) Definitions.--In this section:
                (1) The term ``appropriate committees of Congress'' means
            the Committees on Armed Services of the Senate and of the House
            of Representatives, the Committee on Homeland Security and
            Governmental Affairs of the Senate, and the Committee on
            Oversight and Government Reform of the House of
            Representatives.
                (2) The term ``cost accounting standards'' means the
            standards promulgated under section 26 of the Office of Federal
            Procurement Policy Act (41 U.S.C. 422).
                (3) The term ``Cost Accounting Standards Board'' means the
            Board established pursuant to section 26 of the Office of
            Federal Procurement Policy Act (41 U.S.C. 422).

    SEC. 824. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR TRANSITION TO
                  FOLLOW-ON CONTRACTS UNDER AUTHORITY TO CARRY OUT CERTAIN
                  PROTOTYPE PROJECTS.

        (a) Expansion of Scope of Pilot Program.--Paragraph (1) of section
    845(e) of the National Defense Authorization Act for Fiscal Year 1994
    (10 U.S.C. 2371 note) is amended by striking ``under prototype projects
    carried out under this section'' and inserting ``developed under
    prototype projects carried out under this section or research projects
    carried out pursuant to section 2371 of title 10, United States Code''.
        (b) Two-Year Extension of Authority.--Paragraph (4) of such section
    is amended by striking ``September 30, 2008'' and inserting ``September
    30, 2010''.

    SEC. 825. 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, and craft, and components thereof
        ``(a) In General.--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 as follows:
                ``(1) In the case of a vessel, boat, craft, or component
            procured through a contract, in accordance with the provisions
            of section 2320 of this title.
                ``(2) In the case of a vessel, boat, craft, or component
            procured through an instrument not governed by section 2320 of
            this title, by the terms of the instrument (other than a
            contract) under which the design for such vessel, boat, craft,
            or component, as applicable, was developed for the Government.
        ``(b) Construction of Superseding Authorities.--This section may be
    modified or superseded by a provision of statute only if such provision
    expressly refers to this section in modifying or superseding this
    section.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 633 of such title is amended by adding at the end the following
    new item:

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

    Subtitle D--Provisions Relating to Acquisition Workforce and Inherently
                             Governmental Functions

    SEC. 831. DEVELOPMENT OF GUIDANCE ON PERSONAL SERVICES CONTRACTS.

        (a) Guidance Required.--Not later than 270 days after the date of
    the enactment of this Act, the Secretary of Defense shall develop
    guidance related to personal services contracts to--
                (1) require a clear distinction between employees of the
            Department of Defense and employees of Department of Defense
            contractors;
                (2) provide appropriate safeguards with respect to when,
            where, and to what extent the Secretary may enter into a
            contract for the procurement of personal services; and
                (3) assess and take steps to mitigate the risk that, as
            implemented and administered, non-personal services contracts
            may become personal services contracts.
        (b) Definition of Personal Services Contract.--In this section, the
    term ``personal services contract'' has the meaning given that term in
    section 2330a(g)(5) of title 10, United States Code.

    SEC. 832. SENSE OF CONGRESS ON PERFORMANCE BY PRIVATE SECURITY
                  CONTRACTORS OF CERTAIN FUNCTIONS IN AN AREA OF COMBAT
                  OPERATIONS.

        It is the sense of Congress that--
                (1) security operations for the protection of resources
            (including people, information, equipment, and supplies) in
            uncontrolled or unpredictable high-threat environments should
            ordinarily be performed by members of the Armed Forces if they
            will be performed in highly hazardous public areas where the
            risks are uncertain and could reasonably be expected to require
            deadly force that is more likely to be initiated by personnel
            performing such security operations than to occur in self-
            defense;
                (2) it should be in the sole discretion of the commander of
            the relevant combatant command to determine whether or not the
            performance by a private security contractor under a contract
            awarded by any Federal agency of a particular activity, a
            series of activities, or activities in a particular location,
            within a designated area of combat operations is appropriate
            and such a determination should not be delegated to any person
            who is not in the military chain of command;
                (3) the Secretaries of the military departments and the
            Chiefs of Staff of the Armed Forces should ensure that the
            United States Armed Forces have appropriate numbers of trained
            personnel to perform the functions described in paragraph (1)
            without the need to rely upon private security contractors; and
                (4) the regulations issued by the Secretary of Defense
            pursuant to section 862(a) of the National Defense
            Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
            Stat. 254; 10 U.S.C. 2302 note) should ensure that private
            security contractors are not authorized to perform inherently
            governmental functions in an area of combat operations.

    SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

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

    SEC. 834. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY PERSONNEL IN
                  THE ACQUISITION FIELD.

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

    ``1722a. Special requirements for military personnel in the acquisition
                                field.''.
        (b) Additional Item in Strategic Plan.--Section 543(f)(3)(E) of the
    National Defense Authorization Act for Fiscal Year 2008 (Public Law
    110-181; 122 Stat 116) is amended by inserting after ``officer
    assignments and grade requirements'' the following: ``, including
    requirements relating to the reservation of billets in the acquisition
    field for general and flag officers,''.
        (c) Annual Report Required.--Not later than 270 days after the date
    of the enactment of this Act, and not later than March 1 of 2010, 2011,
    and 2012, the Secretary of Defense shall submit to the congressional
    defense committees a report on--
                (1) the number acquisition and contracting billets in each
            of the Armed Forces and joint activities that are reserved for
            general officers and flag officers; and
                (2) the extent to which these billets have been filled by
            general officers and flag officers with significant acquisition
            experience and significant contracting experience, as
            applicable.

              Subtitle E--Department of Defense Contractor Matters

    SEC. 841. ETHICS SAFEGUARDS RELATED TO CONTRACTOR CONFLICTS OF
                  INTEREST.

        (a) Policy on Personal Conflicts of Interest by Employees of
    Federal Government Contractors.--Not later than 270 days after the date
    of the enactment of this Act, the Administrator for Federal Procurement
    Policy shall develop and issue a standard policy to prevent personal
    conflicts of interest by contractor employees performing acquisition
    functions closely associated with inherently governmental functions
    (including the development, award, and administration of Government
    contracts) for or on behalf of a Federal agency or department.
                (1) Elements of policy.--The policy required under
            subsection (a) shall--
                        (A) provide a definition of the term ``personal
                    conflict of interest'' as it relates to contractor
                    employees performing acquisition functions closely
                    associated with inherently governmental functions; and
                        (B) require each contractor whose employees perform
                    acquisition functions closely associated with
                    inherently governmental functions to--
                                (i) identify and prevent personal conflicts
                            of interest for employees of the contractor who
                            are performing such functions;
                                (ii) prohibit contractor employees who have
                            access to non-public government information
                            obtained while performing such functions from
                            using such information for personal gain;
                                (iii) report any personal conflict-of-
                            interest violation by such an employee to the
                            applicable contracting officer or contracting
                            officer's representative as soon as it is
                            identified;
                                (iv) maintain effective oversight to verify
                            compliance with personal conflict-of-interest
                            safeguards;
                                (v) have procedures in place to screen for
                            potential conflicts of interest for all
                            employees performing such functions; and
                                (vi) take appropriate disciplinary action
                            in the case of employees who fail to comply
                            with policies established pursuant to this
                            section.
                (2) Contract clause.--
                        (A) The Administrator shall develop a personal
                    conflicts-of-interest clause or a set of clauses for
                    inclusion in solicitations and contracts (and task or
                    delivery orders) for the performance of acquisition
                    functions closely associated with inherently
                    governmental functions that sets forth the personal
                    conflicts-of-interest policy developed under this
                    subsection and that sets forth the contractor's
                    responsibilities under such policy.
                        (B) Subparagraph (A) shall take effect 300 days
                    after the date of the enactment of this Act and shall
                    apply to--
                                (i) contracts entered into on or after that
                            effective date; and
                                (ii) task or delivery orders awarded on or
                            after that effective date, regardless of
                            whether the contracts pursuant to which such
                            task or delivery orders are awarded are entered
                            before, on, or after the date of the enactment
                            of this Act.
                (3) Applicability.--
                        (A) Except as provided in subparagraph (B), this
                    subsection shall apply to any contract for an amount in
                    excess of the simplified acquisition threshold (as
                    defined in section 4(11) of the Office of Federal
                    Procurement Policy Act (41 U.S.C. 403(11)) if the
                    contract is for the performance of acquisition
                    functions closely associated with inherently
                    governmental functions.
                        (B) If only a portion of a contract described in
                    subparagraph (A) is for the performance of acquisition
                    functions described in that subparagraph, then this
                    subsection applies only to that portion of the
                    contract.
        (b) Review of Federal Acquisition Regulation Relating to Conflicts
    of Interest.--
                (1) Review.--Not later than 12 months after the date of the
            enactment of this Act, the Administrator for Federal
            Procurement Policy, in consultation with the Director of the
            Office of Government Ethics, shall review the Federal
            Acquisition Regulation to--
                        (A) identify contracting methods, types and
                    services that raise heightened concerns for potential
                    personal and organizational conflicts of interest; and
                        (B) determine whether revisions to the Federal
                    Acquisition Regulation are necessary to--
                                (i) address personal conflicts of interest
                            by contractor employees with respect to
                            functions other than those described in
                            subsection (a); or
                                (ii) achieve sufficiently rigorous,
                            comprehensive, and uniform government-wide
                            policies to prevent and mitigate organizational
                            conflicts of interest in Federal contracting.
                (2) Regulatory revisions.--If the Administrator determines
            pursuant to the review under paragraph (1)(B) that revisions to
            the Federal Acquisition Regulation are necessary, the
            Administrator shall work with the Federal Acquisition
            Regulatory Council to prescribe appropriate revisions to the
            regulations, including the development of appropriate contract
            clauses.
                (3) Report.--Not later than March 1, 2010, the
            Administrator shall submit to the Committees on Armed Services
            of the Senate and House of Representatives, the Committee on
            Homeland Security and Governmental Affairs in the Senate, and
            the Committee on Oversight and Government Reform of the House
            of Representatives a report setting forth such findings and
            determinations under subparagraphs (A) and (B) of paragraph
            (1), together with an assessment of any revisions to the
            Federal Acquisition Regulation that may be necessary.
        (c) Best Practices.--The Administrator for Federal Procurement
    Policy shall, in consultation with the Director of the Office
    Government Ethics, develop and maintain a repository of best practices
    relating to the prevention and mitigation of organizational and
    personal conflicts of interest in Federal contracting.

    SEC. 842. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR EMPLOYEES ON
                  THEIR WHISTLEBLOWER RIGHTS.

        (a) In General.--The Secretary of Defense shall ensure that
    contractors of the Department of Defense inform their employees in
    writing of employee whistleblower rights and protections under section
    2409 of title 10, United States Code, as implemented by subpart 3.9 of
    part I of title 48, Code of Federal Regulations.
        (b) Contractor Defined.--In this section, the term ``contractor''
    has the meaning given that term in section 2409(e)(4) of title 10,
    United States Code.

    SEC. 843. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT AN ACQUISITION
                  STRATEGY FOR DEFENSE BASE ACT INSURANCE.

        (a) In General.--The Secretary of Defense shall adopt an
    acquisition strategy for insurance required by the Defense Base Act (42
    U.S.C. 1651 et seq.) which minimizes the cost of such insurance to the
    Department of Defense and to defense contractors subject to such Act.
        (b) Criteria.--The Secretary shall ensure that the acquisition
    strategy adopted pursuant to subsection (a) addresses the following
    criteria:
                (1) Minimize overhead costs associated with obtaining such
            insurance, such as direct or indirect costs for contract
            management and contract administration.
                (2) Minimize costs for coverage of such insurance
            consistent with realistic assumptions regarding the likelihood
            of incurred claims by contractors of the Department.
                (3) Provide for a correlation of premiums paid in relation
            to claims incurred that is modeled on best practices in
            government and industry for similar kinds of insurance.
                (4) Provide for a low level of risk to the Department.
                (5) Provide for a competitive marketplace for insurance
            required by the Defense Base Act to the maximum extent
            practicable.
        (c) Options.--In adopting the acquisition strategy pursuant to
    subsection (a), the Secretary shall consider such options (including
    entering into a single Defense Base Act insurance contract) as the
    Secretary deems to best satisfy the criteria identified under
    subsection (b).
        (d) Report.--(1) Not later than 270 days after the date of
    enactment of this Act, the Secretary shall submit to the Committees on
    Armed Services of the Senate and the House of Representatives, the
    Committee on Homeland Security and Governmental Affairs of the Senate,
    and the Committee on Oversight and Government Reform of the House of
    Representatives a report on the acquisition strategy adopted pursuant
    to subsection (a).
        (2) The report shall include a discussion of each of the options
    considered pursuant to subsection (c) and the extent to which each
    option addresses the criteria identified under subsection (b), and
    shall include a plan to implement within 18 months after the date of
    enactment of this Act the acquisition strategy adopted by the
    Secretary.
        (e) Review of Acquisition Strategy.--As considered appropriate by
    the Secretary, but not less often than once every 3 years, the
    Secretary shall review and, as necessary, update the acquisition
    strategy adopted pursuant to subsection (a) to ensure that it best
    addresses the criteria identified under subsection (b).

    SEC. 844. REPORT ON USE OF OFF-SHORE SUBSIDIARIES BY DEFENSE
                  CONTRACTORS.

        (a) Report Required.--Not later than one year after the date of the
    enactment of this Act, the Comptroller General shall provide a report
    to the Committees on Armed Services of the Senate and the House of
    Representatives on the use of off-shore subsidiaries by contractors of
    the Department of Defense.
        (b) Matters Covered.--The report shall comprehensively examine the
    rationale, implications, and costs and benefits for both the contractor
    and the Department of Defense in using off-shore subsidiaries,
    particularly in respect to--
                (1) tax liability (including corporate income taxes and
            payroll taxes);
                (2) legal liability;
                (3) compliance with cost accounting standards;
                (4) efficiency in contract performance;
                (5) contract management and contract oversight; and
                (6) such other areas as the Comptroller General determines
            appropriate.

    SEC. 845. DEFENSE INDUSTRIAL SECURITY.

         (a) Defense Industrial Security.--
                (1) In general.--Subchapter I of chapter 21 of title 10,
            United States Code, is amended by adding at the end the
            following new section:
    ``Sec. 438. Defense industrial security
        ``(a) Responsibility for Defense Industrial Security.--The
    Secretary of Defense shall be responsible for the protection of
    classified information disclosed to contractors of the Department of
    Defense.
        ``(b) Consistency With Executive Orders and Directives.--The
    Secretary shall carry out the responsibility assigned under subsection
    (a) in a manner consistent with Executive Order 12829 (or any successor
    order to such executive order) and consistent with policies relating to
    the National Industrial Security Program (or any successor to such
    program).
        ``(c) Performance of Industrial Security Functions for Other
    Agencies.--The Secretary may perform industrial security functions for
    other agencies of the Federal government upon request or upon
    designation of the Department of Defense as executive agent for the
    National Industrial Security Program (or any successor to such
    program).
        ``(d) Regulations and Policy Guidance.--The Secretary shall
    prescribe, and from time to time revise, such regulations and policy
    guidance as are necessary to ensure the protection of classified
    information disclosed to contractors of the Department of Defense.
        ``(e) Dedication of Resources.--The Secretary shall ensure that
    sufficient resources are provided to staff, train, and support such
    personnel as are necessary to fully protect classified information
    disclosed to contractors of the Department of Defense.
        ``(f) Biennial Report.--The Secretary shall report biennially to
    the congressional defense committees on expenditures and activities of
    the Department of Defense in carrying out the requirements of this
    section. The Secretary shall submit the report at or about the same
    time that the President's budget is submitted pursuant to section
    1105(a) of title 31, United States Code, in odd numbered years. The
    report shall be in an unclassified form (with a classified annex if
    necessary) and shall cover the activities of the Department of Defense
    in the preceding two fiscal years, including the following:
                ``(1) The workforce responsible for carrying out the
            requirements of this section, including the number and
            experience of such workforce; training in the performance of
            industrial security functions; performance metrics; and
            resulting assessment of overall quality.
                ``(2) A description of funds authorized, appropriated, or
            reprogrammed to carry out the requirements of this section, the
            budget execution of such funds, and the adequacy of budgets
            provided for performing such purpose.
                ``(3) Statistics on the number of contractors handling
            classified information of the Department of Defense, and the
            percentage of such contractors who are subject to foreign
            ownership, control, or influence.
                ``(4) Statistics on the number of violations identified,
            enforcement actions taken, and the percentage of such
            violations occurring at facilities of contractors subject to
            foreign ownership, control, or influence.
                ``(5) An assessment of whether major contractors
            implementing the program have adequate enforcement programs and
            have trained their employees adequately in the requirements of
            the program.
                ``(6) Trend data on attempts to compromise classified
            information disclosed to contractors of the Department of
            Defense to the extent that such data are available.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of subchapter I of chapter 21 of title 10, United
            States Code, is amended by adding at the end the following new
            item:

    ``438. Defense industrial security.''.
        (b) Submission of First Biennial Report.--Notwithstanding the
    deadline in subsection (f) of section 438 of title 10, United States
    Code, as added by this section, the first biennial report submitted
    after the date of the enactment of this Act pursuant to such subsection
    shall be submitted not later than September 1, 2009, and shall address
    the period from the date of the enactment of this Act to the issuance
    of such report.
        (c) Report on Improving Industrial Security.--Not later than March
    1, 2009, the Secretary of Defense shall submit to the congressional
    defense committees a report on improving industrial security,
    including, at a minimum, the following:
                (1) The actions taken or actions planned to implement the
            recommendations of the Comptroller General as embodied in the
            report entitled ``Industrial Security: DOD Cannot Ensure Its
            Oversight of Contractors Under Foreign Influence Is
            Sufficient'' (GAO-05-681; July 2005).
                (2) Other actions taken or action planned to improve
            industrial security.
                (3) An analysis of the impact of emerging financial
            arrangements such as sovereign wealth funds, hedge funds, and
            other new financial debt and credit arrangements on the
            Department's ability to identify and mitigate foreign
            ownership, control, or influence.
                (4) Any recommendations of the Secretary for modifying
            regulations and policy guidance prescribed pursuant to section
            438(d) of title 10, United States Code, or other regulations or
            policy guidance addressing industrial security, to extend best
            practices for industrial security across the broadest possible
            range of defense contractors, and to improve industrial
            security generally.

              Subtitle F--Matters Relating to Iraq and Afghanistan

    SEC. 851. CLARIFICATION AND MODIFICATION OF AUTHORITIES RELATING TO THE
                  COMMISSION ON WARTIME CONTRACTING IN IRAQ AND
                  AFGHANISTAN.

        (a) Nature of Commission.--Subsection (a) of section 841 of the
    National Defense Authorization Act for Fiscal Year 2008 (Public Law
    110-181; 122 Stat. 230) is amended by inserting ``in the legislative
    branch'' after ``There is hereby established''.
        (b) Pay and Annuities of Members and Staff on Federal
    Reemployment.--Subsection (e) of such is amended by adding at the end
    the following new paragraph:
                ``(8) Pay and annuities of members and staff on federal
            reemployment.--If warranted by circumstances described in
            subparagraph (A) or (B) of section 8344(i)(1) of title 5,
            United States Code, or by circumstances described in
            subparagraph (A) or (B) of section 8468(f)(1) of such title, as
            applicable, a co-chairman of the Commission may exercise, with
            respect to the members and staff of the Commission, the same
            waiver authority as would be available to the Director of the
            Office of Personnel Management under such section.''.
        (c) Effective Date.--
                (1) Nature of commission.--The amendment made by subsection
            (a) shall take effect as of January 28, 2008, as if included in
            the enactment of the National Defense Authorization Act for
            Fiscal Year 2008.
                (2) Pay and annuities.--The amendment made by subsection
            (b) shall apply to members and staff of the Commission on
            Wartime Contracting in Iraq and Afghanistan appointed or
            employed, as the case may be, on or after that date.

    SEC. 852. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND DEPOT
                  OVERHAUL AND MAINTENANCE OF EQUIPMENT FOR OPERATIONS IN
                  IRAQ AND AFGHANISTAN.

        (a) Audits Required.--The Army Audit Agency, the Navy Audit
    Service, and the Air Force Audit Agency shall each conduct thorough
    audits to identify potential waste, fraud, and abuse in the performance
    of the following:
                (1) Department of Defense contracts, subcontracts, and task
            and delivery orders for--
                        (A) depot overhaul and maintenance of equipment for
                    the military in Iraq and Afghanistan; and
                        (B) spare parts for military equipment used in Iraq
                    and Afghanistan; and
                (2) Department of Defense in-house overhaul and maintenance
            of military equipment used in Iraq and Afghanistan.
        (b) Comprehensive Audit Plan.--
                (1) Plans.--The Army Audit Agency, the Navy Audit Service,
            and the Air Force Audit Agency shall, in coordination with the
            Inspector General of the Department of Defense, develop a
            comprehensive plan for a series of audits to discharge the
            requirements of subsection (a).
                (2) Incorporation into required audit plan.--The plan
            developed under paragraph (1) shall be submitted to the
            Inspector General of the Department of Defense for
            incorporation into the audit plan required by section 842(b)(1)
            of the National Defense Authorization Act for Fiscal Year 2008
            (Public Law 110-181; 122 Stat. 234; 10 U.S.C. 2302 note).
        (c) Independent Conduct of Audit Functions.--All audit functions
    performed under this section, including audit planning and
    coordination, shall be performed in an independent manner.
        (d) Availability of Results.--All audit reports resulting from
    audits under this section shall be made available to the Commission on
    Wartime Contracting in Iraq and Afghanistan established pursuant to
    section 841 of the National Defense Authorization Act for Fiscal Year
    2008 (122 Stat. 230).
        (e) Construction.--Nothing in this section shall be construed to
    require any agency of the Federal Government to duplicate audit work
    that an agency of the Federal Government has already performed.

    SEC. 853. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY CONTRACTORS
                  PERFORMING SECURITY FUNCTIONS IN AREAS OF COMBAT
                  OPERATIONS.

         Section 862 of the National Defense Authorization Act for Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 254; 10 U.S.C. 2302 note) is
    amended--
                (1) in subsection (a)(2)(D)--
                        (A) by striking ``or'' at the end of clause (ii);
                    and
                        (B) by inserting after clause (iii) the following
                    new clauses:
                                ``(iv) a weapon is discharged against
                            personnel performing private security functions
                            in an area of combat operations or personnel
                            performing such functions believe a weapon was
                            so discharged; or
                                ``(v) active, non-lethal countermeasures
                            (other than the discharge of a weapon) are
                            employed by the personnel performing private
                            security functions in an area of combat
                            operations in response to a perceived immediate
                            threat to such personnel;''; and
                (2) in subsection (b)(2)(B) in the matter preceding clause
            (i)--
                        (A) by inserting ``comply with and'' before
                    ``ensure''; and
                        (B) by striking ``comply with--'' and inserting
                    ``act in accordance with--''.

    SEC. 854. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
                  RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR
                  PERSONNEL IN IRAQ AND AFGHANISTAN.

        (a) In General.--Section 861(b) of the National Defense
    Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
    253; 10 U.S.C. 2302 note) is amended by adding the following new
    paragraphs:
                ``(7) Mechanisms for ensuring that contractors are required
            to report offenses described in paragraph (6) that are alleged
            to have been committed by or against contractor personnel to
            appropriate investigative authorities.
                ``(8) Responsibility for providing victim and witness
            protection and assistance to contractor personnel in connection
            with alleged offenses described in paragraph (6).
                ``(9) Development of a requirement that a contractor shall
            provide to all contractor personnel who will perform work on a
            contract in Iraq or Afghanistan, before beginning such work,
            information on the following:
                        ``(A) How and where to report an alleged offense
                    described in paragraph (6).
                        ``(B) Where to seek the assistance required by
                    paragraph (8).''.
        (b) Implementation.--
                (1) Through memorandum of understanding.--The memorandum of
            understanding required by section 861(a) of the National
            Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
            181; 122 Stat. 253; 10 U.S.C. 2302 note) shall be modified to
            address the requirements under the amendment made by subsection
            (a) not later than 120 days after the date of the enactment of
            this Act.
                (2) As condition of current and future contracts.--The
            requirements under the amendment made by subsection (a) shall
            be included in each contract in Iraq or Afghanistan (as defined
            in section 864(a)(2) of Public Law 110-181; 2302 note) awarded
            on or after the date that is 180 days after the date of the
            enactment of this Act. Federal agencies shall make best efforts
            to provide for the inclusion of such requirements in covered
            contracts awarded before such date.
        (c) Reporting Requirement.--Beginning not later than 270 days after
    the date of the enactment of this Act, the Secretary of Defense shall
    make publicly available a numerical accounting of alleged offenses
    described in section 861(b)(6) of Public Law 110-181 that have been
    reported under that section that occurred after the date of the
    enactment of this Act. The information shall be updated no less
    frequently than semi-annually.
        (d) Definitions.--Section 864(a) of the National Defense
    Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
    253; 10 U.S.C. 2302 note) is amended--
                (1) by redesignating paragraphs (5) and (6) as paragraphs
            (6) and (7), respectively; and
                (2) by inserting after paragraph (4) the following new
            paragraph:
                ``(5) Contractor personnel.--The term `contractor
            personnel' means any person performing work under contract for
            the Department of Defense, the Department of State, or the
            United States Agency for International Development, in Iraq or
            Afghanistan, including individuals and subcontractors at any
            tier.''.

    SEC. 855. SUSPENSION OF STATUTES OF LIMITATIONS WHEN CONGRESS
                  AUTHORIZES THE USE OF MILITARY FORCE.

         Section 3287 of title 18, United States Code, is amended--
                (1) by inserting ``or Congress has enacted a specific
            authorization for the use of the Armed Forces, as described in
            section 5(b) of the War Powers Resolution (50 U.S.C.
            1544(b)),'' after ``is at war'';
                (2) by inserting ``or directly connected with or related to
            the authorized use of the Armed Forces'' after ``prosecution of
            the war'';
                (3) by striking ``three years'' and inserting ``5 years'';
                (4) by striking ``proclaimed by the President'' and
            inserting ``proclaimed by a Presidential proclamation, with
            notice to Congress,''; and
                (5) by adding at the end the following: ``For purposes of
            applying such definitions in this section, the term `war'
            includes a specific authorization for the use of the Armed
            Forces, as described in section 5(b) of the War Powers
            Resolution (50 U.S.C. 1544(b)).''.

              Subtitle G--Governmentwide Acquisition Improvements

    SEC. 861. SHORT TITLE.

        This subtitle may be cited as the ``Clean Contracting Act of
    2008''.

    SEC. 862. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.

        (a) Civilian Agency Contracts.--Section 303(d) of the Federal
    Property and Administrative Services Act of 1949 (41 U.S.C. 253(d)) is
    amended by adding at the end the following new paragraph:
        ``(3)(A) The contract period of a contract described in
    subparagraph (B) that is entered into by an executive agency pursuant
    to the authority provided under subsection (c)(2)--
                ``(i) may not exceed the time necessary--
                        ``(I) to meet the unusual and compelling
                    requirements of the work to be performed under the
                    contract; and
                        ``(II) for the executive agency to enter into
                    another contract for the required goods or services
                    through the use of competitive procedures; and
                ``(ii) may not exceed one year unless the head of the
            executive agency entering into such contract determines that
            exceptional circumstances apply.
        ``(B) This paragraph applies to any contract in an amount greater
    than the simplified acquisition threshold.''.
        (b) Defense Contracts.--Section 2304(d) of title 10, United States
    Code, is amended by adding at the end the following new paragraph:
        ``(3)(A) The contract period of a contract described in
    subparagraph (B) that is entered into by an agency pursuant to the
    authority provided under subsection (c)(2)--
                ``(i) may not exceed the time necessary--
                        ``(I) to meet the unusual and compelling
                    requirements of the work to be performed under the
                    contract; and
                        ``(II) for the agency to enter into another
                    contract for the required goods or services through the
                    use of competitive procedures; and
                ``(ii) may not exceed one year unless the head of the
            agency entering into such contract determines that exceptional
            circumstances apply.
        ``(B) This paragraph applies to any contract in an amount greater
    than the simplified acquisition threshold.''.

    SEC. 863. REQUIREMENTS FOR PURCHASE OF PROPERTY AND SERVICES PURSUANT
                  TO MULTIPLE AWARD CONTRACTS.

        (a) Regulations Required.--Not later than one year after the date
    of the enactment of this Act, the Federal Acquisition Regulation shall
    be amended to require enhanced competition in the purchase of property
    and services by all executive agencies pursuant to multiple award
    contracts.
        (b) Content of Regulations.--
                (1) In general.--The regulations required by subsection (a)
            shall provide, at a minimum, that each individual purchase of
            property or services in excess of the simplified acquisition
            threshold that is made under a multiple award contract shall be
            made on a competitive basis unless a contracting officer--
                        (A) waives the requirement on the basis of a
                    determination that--
                                (i) one of the circumstances described in
                            paragraphs (1) through (4) of section 303J(b)
                            of the Federal Property and Administrative
                            Services Act of 1949 (41 U.S.C. 253j(b)) or
                            section 2304c(b) of title 10, United States
                            Code, applies to such individual purchase; or
                                (ii) a law expressly authorizes or requires
                            that the purchase be made from a specified
                            source; and
                        (B) justifies the determination in writing.
                (2) Competitive basis procedures.--For purposes of this
            subsection, an individual purchase of property or services is
            made on a competitive basis only if it is made pursuant to
            procedures that--
                        (A) except as provided in paragraph (3), require
                    fair notice of the intent to make that purchase
                    (including a description of the work to be performed
                    and the basis on which the selection will be made) to
                    be provided to all contractors offering such property
                    or services under the multiple award contract; and
                        (B) afford all contractors responding to the notice
                    a fair opportunity to make an offer and have that offer
                    fairly considered by the official making the purchase.
                (3) Exception to notice requirement.--
                        (A) In general.--Notwithstanding paragraph (2), and
                    subject to subparagraph (B), notice may be provided to
                    fewer than all contractors offering such property or
                    services under a multiple award contract as described
                    in subsection (d)(2)(A) if notice is provided to as
                    many contractors as practicable.
                        (B) Limitation on exception.--A purchase may not be
                    made pursuant to a notice that is provided to fewer
                    than all contractors under subparagraph (A) unless--
                                (i) offers were received from at least 3
                            qualified contractors; or
                                (ii) a contracting officer of the executive
                            agency determines in writing that no additional
                            qualified contractors were able to be
                            identified despite reasonable efforts to do so.
        (c) Public Notice Requirements Related to Sole Source Task or
    Delivery Orders.--
                (1) Public notice required.--Not later than one year after
            the date of the enactment of this Act, the Federal Acquisition
            Regulation shall be amended to require the head of each
            executive agency to--
                        (A) publish on FedBizOpps notice of all sole source
                    task or delivery orders in excess of the simplified
                    acquisition threshold that are placed against multiple
                    award contracts not later than 14 days after such
                    orders are placed, except in the event of extraordinary
                    circumstances or classified orders; and
                        (B) disclose the determination required by
                    subsection (b)(1) related to sole source task or
                    delivery orders in excess of the simplified acquisition
                    threshold placed against multiple award contracts
                    through the same mechanism and to the same extent as
                    the disclosure of documents containing a justification
                    and approval required by section 2304(f)(1) of title
                    10, United States Code, and section 303(f)(1) of the
                    Federal Property and Administrative Services Act of
                    1949 (41 U.S.C. 253(f)(1)), except in the event of
                    extraordinary circumstances or classified orders.
                (2) Exemption.--This subsection does not require the public
            availability of information that is exempt from public
            disclosure under section 552(b) of title 5, United States Code.
        (d) Definitions.--In this section:
                (1) The term ``executive agency'' has the meaning given
            such term in section 4(1) of the Office of Federal Procurement
            Policy Act (41 U.S.C. 403(1)).
                (2) The term ``individual purchase'' means a task order,
            delivery order, or other purchase.
                (3) The term ``multiple award contract'' means--
                        (A) a contract that is entered into by the
                    Administrator of General Services under the multiple
                    award schedule program referred to in section
                    2302(2)(C) of title 10, United States Code;
                        (B) a multiple award task order contract that is
                    entered into under the authority of sections 2304a
                    through 2304d of title 10, United States Code, or
                    sections 303H through 303K of the Federal Property and
                    Administrative Services Act of 1949 (41 U.S.C. 253h
                    through 253k); and
                        (C) any other indefinite delivery, indefinite
                    quantity contract that is entered into by the head of
                    an executive agency with 2 or more sources pursuant to
                    the same solicitation.
                (4) The term ``sole source task or delivery order'' means
            any order that does not follow the competitive procedures in
            subsection (b)(2) or (b)(3).
        (e) Applicability.--The regulations required by subsection (a)
    shall apply to all individual purchases of property or services that
    are made under multiple award contracts on or after the effective date
    of such regulations, without regard to whether the multiple award
    contracts were entered into before, on, or after such effective date.
        (f) Repeal of Redundant Provision.--Section 803 of the National
    Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10
    U.S.C. 2304 note) is repealed.

    SEC. 864. REGULATIONS ON THE USE OF COST-REIMBURSEMENT CONTRACTS.

        (a) In General.--Not later than 270 days after the date of the
    enactment of this Act, the Federal Acquisition Regulation shall be
    revised to address the use of cost-reimbursement contracts.
        (b) Content.--The regulations promulgated under subsection (a)
    shall include, at a minimum, guidance regarding--
                (1) when and under what circumstances cost-reimbursement
            contracts are appropriate;
                (2) the acquisition plan findings necessary to support a
            decision to use cost-reimbursement contracts; and
                (3) the acquisition workforce resources necessary to award
            and manage cost-reimbursement contracts.
        (c) Inspector General Review.--Not later than one year after the
    regulations required by subsection (a) are promulgated, the Inspector
    General for each executive agency shall review the use of cost-
    reimbursement contracts by such agency for compliance with such
    regulations and shall include the results of the review in the
    Inspector General's next semiannual report.
        (d) Report.--Subject to subsection (f), the Director of the Office
    of Management and Budget shall submit an annual report to Congressional
    committees identified in subsection (e) on the use of cost-
    reimbursement contracts and task or delivery orders by all executive
    agencies. The report shall be submitted no later than March 1 and shall
    cover the fiscal year ending September 30 of the prior year. The report
    shall include--
                (1) the total number and value of contracts awarded and
            orders issued during the covered fiscal year;
                (2) the total number and value of cost-reimbursement
            contracts awarded and orders issued during the covered fiscal
            year; and
                (3) an assessment of the effectiveness of the regulations
            promulgated pursuant to subsection (a) in ensuring the
            appropriate use of cost-reimbursement contracts.
        (e) Congressional Committees Defined.--The report required by
    subsection (d) shall be submitted to the Committee on Oversight and
    Government Reform of the House of Representatives; the Committee on
    Homeland Security and Governmental Affairs of the Senate; the
    Committees on Appropriations of the House of Representatives and the
    Senate; and, in the case of the Department of Defense and the
    Department of Energy, the Committees on Armed Services of the Senate
    and the House of Representatives.
        (f) Requirements Limited to Certain Agencies and Years.--
                (1) Agencies.--The requirement in subsection (c) shall
            apply only to those executive agencies that awarded contracts
            or issued orders (under contracts previously awarded) in a
            total amount of at least $1,000,000,000 in the fiscal year
            proceeding the fiscal year in which the assessments and reports
            are submitted.
                (2) Years.--The report required by subsection (d) shall be
            submitted from March 1, 2009, until March 1, 2014.
        (g) Executive Agency Defined.--In this section, the term
    ``executive agency'' has the meaning given such term in section 4(1) of
    the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).

    SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

        (a) Office of Management and Budget Policy Guidance.--
                (1) Report and guidelines.--Not later than one year after
            the date of the enactment of this Act, the Director of the
            Office of Management and Budget shall--
                        (A) submit to Congress a comprehensive report on
                    interagency acquisitions, including their frequency of
                    use, management controls, cost-effectiveness, and
                    savings generated; and
                        (B) issue guidelines to assist the heads of
                    executive agencies in improving the management of
                    interagency acquisitions.
                (2) Matters covered by guidelines.--For purposes of
            paragraph (1)(B), the Director shall include guidelines on the
            following matters:
                        (A) Procedures for the use of interagency
                    acquisitions to maximize competition, deliver best
                    value to executive agencies, and minimize waste, fraud,
                    and abuse.
                        (B) Categories of contracting inappropriate for
                    interagency acquisition.
                        (C) Requirements for training acquisition workforce
                    personnel in the proper use of interagency
                    acquisitions.
        (b) Regulations Required.--
                (1) In general.--Not later than one year after the date of
            the enactment of this Act, the Federal Acquisition Regulation
            shall be revised to require that all interagency acquisitions--
                        (A) include a written agreement between the
                    requesting agency and the servicing agency assigning
                    responsibility for the administration and management of
                    the contract;
                        (B) include a determination that an interagency
                    acquisition is the best procurement alternative; and
                        (C) include sufficient documentation to ensure an
                    adequate audit.
                (2) Multi-agency contracts.--Not later than one year after
            the date of the enactment of this Act, the Federal Acquisition
            Regulation shall be revised to require any multi-agency
            contract entered into by an executive agency after the
            effective date of such regulations to be supported by a
            business case analysis detailing the administration of such
            contract, including an analysis of all direct and indirect
            costs to the Federal Government of awarding and administering
            such contract and the impact such contract will have on the
            ability of the Federal Government to leverage its purchasing
            power.
        (c) Agency Reporting Requirement.--The senior procurement executive
    for each executive agency shall, as directed by the Director of the
    Office of Management and Budget, submit to the Director annual reports
    on the actions taken by the executive agency pursuant to the guidelines
    issued under subsection (a).
        (d) Definitions.--In this section:
                (1) The term ``executive agency'' has the meaning given
            such term in section 4(1) of the Office of Federal Procurement
            Policy Act (41 U.S.C. 403(1)), except that, in the case of a
            military department, it means the Department of Defense.
                (2) The term ``head of executive agency'' means the head of
            an executive agency except that, in the case of a military
            department, the term means the Secretary of Defense.
                (3) The term ``interagency acquisition'' means a procedure
            by which an executive agency needing supplies or services (the
            requesting agency) obtains them from another executive agency
            (the servicing agency). The term includes acquisitions under
            section 1535 of title 31, United States Code (commonly referred
            to as the ``Economy Act''), Federal Supply Schedules above
            $500,000, and Governmentwide acquisition contracts.
                (4) The term ``multi-agency contract'' means a task or
            delivery order contract established for use by more than one
            executive agency to obtain supplies and services, consistent
            with section 1535 of title 31, United States Code (commonly
            referred to as the ``Economy Act'').

    SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

        (a) Regulations.--Not later than one year after the date of the
    enactment of this Act, the Federal Acquisition Regulation shall be
    amended, for executive agencies other than the Department of Defense,
    to minimize the excessive use by contractors of subcontractors, or of
    tiers of subcontractors, that add no or negligible value, and to ensure
    that neither a contractor nor a subcontractor receives indirect costs
    or profit on work performed by a lower-tier subcontractor to which the
    higher-tier contractor or subcontractor adds no, or negligible, value
    (but not to limit charges for indirect costs and profit based on the
    direct costs of managing lower-tier subcontracts).
        (b) Covered Contracts.--This section applies to any cost-
    reimbursement type contract or task or delivery order in an amount
    greater than the simplified acquisition threshold (as defined by
    section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.
    403)).
        (c) Rule of Construction.--Nothing in this section shall be
    construed as limiting the ability of the Department of Defense to
    implement more restrictive limitations on the tiering of
    subcontractors.
        (d) Applicability.--The Department of Defense shall continue to be
    subject to guidance on limitations on tiering of subcontractors issued
    by the Department pursuant to section 852 of the John Warner National
    Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
    Stat. 2340).
        (e) Executive Agency Defined.--In this section, the term
    ``executive agency'' has the meaning given such term in section 4(1) of
    the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).

    SEC. 867. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION OUTCOMES.

        (a) Guidance for Executive Agencies on Linking of Award and
    Incentive Fees to Acquisition Outcomes.--Not later than 1 year after
    the date of the enactment of this Act, the Federal Acquisition
    Regulation shall be amended to provide executive agencies other than
    the Department of Defense with instructions, including definitions, on
    the appropriate use of award and incentive fees in Federal acquisition
    programs.
        (b) Elements.--The regulations under subsection (a) shall--
                (1) ensure that all new contracts using award fees link
            such fees to acquisition outcomes (which shall be defined in
            terms of program cost, schedule, and performance);
                (2) establish standards for identifying the appropriate
            level of officials authorized to approve the use of award and
            incentive fees in new contracts;
                (3) provide guidance on the circumstances in which
            contractor performance may be judged to be ``excellent'' or
            ``superior'' and the percentage of the available award fee
            which contractors should be paid for such performance;
                (4) establish standards for determining the percentage of
            the available award fee, if any, which contractors should be
            paid for performance that is judged to be ``acceptable'',
            ``average'', ``expected'', ``good'', or ``satisfactory'';
                (5) ensure that no award fee may be paid for contractor
            performance that is judged to be below satisfactory performance
            or performance that does not meet the basic requirements of the
            contract;
                (6) provide specific direction on the circumstances, if
            any, in which it may be appropriate to roll over award fees
            that are not earned in one award fee period to a subsequent
            award fee period or periods;
                (7) ensure consistent use of guidelines and definitions
            relating to award and incentive fees across the Federal
            Government;
                (8) ensure that each executive agency--
                        (A) collects relevant data on award and incentive
                    fees paid to contractors; and
                        (B) has mechanisms in place to evaluate such data
                    on a regular basis;
                (9) include performance measures to evaluate the
            effectiveness of award and incentive fees as a tool for
            improving contractor performance and achieving desired program
            outcomes; and
                (10) provide mechanisms for sharing proven incentive
            strategies for the acquisition of different types of products
            and services among contracting and program management
            officials.
        (c) Guidance for Department of Defense.--The Department of Defense
    shall continue to be subject to guidance on award and incentive fees
    issued by the Secretary of Defense pursuant to section 814 of the John
    Warner National Defense Authorization Act for Fiscal Year 2007 (Public
    Law 109-364; 120 Stat. 2321).
        (d) Executive Agency Defined.--In this section, the term
    ``executive agency'' has the meaning given such term in section 4(1) of
    the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).

    SEC. 868. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.

        (a) Regulations Required.--Not later than 180 days after the date
    of the enactment of this Act, the Federal Acquisition Regulation shall
    be amended with respect to the procurement of commercial services.
        (b) Applicability of Commercial Procedures.--
                (1) Services of a type sold in marketplace.--The
            regulations modified pursuant to subsection (a) shall ensure
            that services that are not offered and sold competitively in
            substantial quantities in the commercial marketplace, but are
            of a type offered and sold competitively in substantial
            quantities in the commercial marketplace, may be treated as
            commercial items for purposes of section 254b of title 41,
            United States Code (relating to truth in negotiations), only if
            the contracting officer determines in writing that the offeror
            has submitted sufficient information to evaluate, through price
            analysis, the reasonableness of the price for such services.
                (2) Information submitted.--To the extent necessary to make
            a determination under paragraph (1), the contracting officer
            may request the offeror to submit--
                        (A) prices paid for the same or similar commercial
                    items under comparable terms and conditions by both
                    government and commercial customers; and
                        (B) if the contracting officer determines that the
                    information described in subparagraph (A) is not
                    sufficient to determine the reasonableness of price,
                    other relevant information regarding the basis for
                    price or cost, including information on labor costs,
                    material costs, and overhead rates.

    SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.

        (a) Purpose.--The purpose of this section is to authorize the
    preparation and completion of a plan (to be known as the ``Acquisition
    Workforce Development Strategic Plan'') for Federal agencies other than
    the Department of Defense to develop a specific and actionable 5-year
    plan to increase the size of the acquisition workforce, and to operate
    a government-wide acquisition intern program, for such Federal
    agencies.
        (b) Establishment of Plan.--The Associate Administrator for
    Acquisition Workforce Programs designated under section 855(a) of the
    National Defense Authorization Act for Fiscal Year 2008 (Public Law
    110-181; 122 Stat. 251; 41 U.S.C. 433(a)) shall be responsible for the
    management, oversight, and administration of the Acquisition Workforce
    Development Strategic Plan in cooperation and consultation with the
    Office of Federal Procurement Policy and the assistance of the Federal
    Acquisition Institute.
        (c) Criteria.--The Acquisition Workforce Development Strategic Plan
    shall include, at a minimum, an examination of the following matters:
                (1) The variety and complexity of acquisitions conducted by
            each Federal agency covered by the plan, and the workforce
            needed to effectively carry out such acquisitions.
                (2) The development of a sustainable funding model to
            support efforts to hire, retain, and train an acquisition
            workforce of appropriate size and skill to effectively carry
            out the acquisition programs of the Federal agencies covered by
            the plan, including an examination of interagency funding
            methods and a discussion of how the model of the Defense
            Acquisition Workforce Development Fund could be applied to
            civilian agencies.
                (3) Any strategic human capital planning necessary to hire,
            retain, and train an acquisition workforce of appropriate size
            and skill at each Federal agency covered by the plan.
                (4) Methodologies that Federal agencies covered by the plan
            can use to project future acquisition workforce personnel
            hiring requirements, including an appropriate distribution of
            such personnel across each category of positions designated as
            acquisition workforce personnel under section 37(j) of the
            Office of Federal Procurement Policy Act (41 U.S.C. 433(j)).
                (5) Government-wide training standards and certification
            requirements necessary to enhance the mobility and career
            opportunities of the Federal acquisition workforce within the
            Federal agencies covered by the plan.
                (6) If the Associate Administrator recommends as part of
            the plan a growth in the acquisition workforce of the Federal
            agencies covered by the plan below 25 percent over the next 5
            years, an examination of each of the matters specified in
            paragraphs (1) through (5) in the context of a 5-year plan that
            increases the size of such acquisition workforce by not less
            than 25 percent, or an explanation why such a level of growth
            would not be in the best interest of the Federal Government.
        (d) Deadline for Completion.--The Acquisition Workforce Development
    Strategic Plan shall be completed not later than one year after the
    date of the enactment of this Act and in a fashion that allows for
    immediate implementation of its recommendations and guidelines.
        (e) Funds.--The Acquisition Workforce Development Strategic Plan
    shall be funded from the Acquisition Workforce Training Fund under
    section 37(h)(3) of the Office of Federal Procurement Policy Act (41
    U.S.C. 433(h)(3)).

    SEC. 870. CONTINGENCY CONTRACTING CORPS.

        (a) Establishment.--The Office of Federal Procurement Policy Act
    (41 U.S.C. 403 et seq.) is amended by adding at the end the following
    new section:

    ``SEC. 44. CONTINGENCY CONTRACTING CORPS.

        ``(a) Establishment.--The Administrator of General Services,
    pursuant to policies established by the Office of Management and
    Budget, and in consultation with the Secretary of Defense and the
    Secretary of Homeland Security, shall establish a Governmentwide
    Contingency Contracting Corps (in this section referred to as the
    `Corps'). The members of the Corps shall be available for deployment in
    responding to an emergency or major disaster, or a contingency
    operation, both within or outside the continental United States.
        ``(b) Applicability.--The authorities provided in this section
    apply with respect to any procurement of property or services by or for
    an executive agency that, as determined by the head of such executive
    agency, are to be used--
                ``(1) in support of a contingency operation as defined in
            section 101(a)(13) of title 10, United States Code; or
                ``(2) to respond to an emergency or major disaster as
            defined in section 102 of the Robert T. Stafford Disaster
            Relief and Emergency Assistance Act (42 U.S.C. 5122).
        ``(c) Membership.--Membership in the Corps shall be voluntary and
    open to all Federal employees and members of the Armed Forces who are
    members of the Federal acquisition workforce.
        ``(d) Education and Training.--The Administrator may, in
    consultation with the Director of the Federal Acquisition Institute and
    the Chief Acquisition Officers Council, establish educational and
    training requirements for members of the Corps. Education and training
    carried out pursuant to such requirements shall be paid for from funds
    available in the acquisition workforce training fund established
    pursuant to section 37(h)(3) of this Act.
        ``(e) Salary.--The salary for a member of the Corps shall be paid--
                ``(1) in the case of a member of the Armed Forces, out of
            funds available to the Armed Force concerned; and
                ``(2) in the case of a Federal employee, out of funds
            available to the employing agency.
        ``(f) Authority to Deploy the Corps.--(1) The Director of the
    Office of Management and Budget shall have the authority, upon request
    by an executive agency, to determine when members of the Corps shall be
    deployed, with the concurrence of the head of the agency or agencies
    employing the members to be deployed.
        ``(2) Nothing in this section shall preclude the Secretary of
    Defense or the Secretary's designee from deploying members of the Armed
    Forces or civilian personnel of the Department of Defense in support of
    a contingency operation as defined in section 101(a)(13) of title 10,
    United States Code.
        ``(g) Annual Report.--
                ``(1) In general.--The Administrator of General Services
            shall provide to the Committee on Homeland Security and
            Governmental Affairs and the Committee on Armed Services of the
            Senate and the Committee on Oversight and Government Reform and
            the Committee on Armed Services of the House of Representatives
            an annual report on the status of the Contingency Contracting
            Corps as of September 30 of each fiscal year.
                ``(2) Content.--At a minimum, each report under paragraph
            (1) shall include the number of members of the Contingency
            Contracting Corps, the total cost of operating the program, the
            number of deployments of members of the program, and the
            performance of members of the program in deployment.''.
        (b) Clerical Amendment.--The table of contents for that Act
    (contained in section 1(b) of that Act) is amended by adding at the end
    the following new item:

    ``Sec. 44. Contingency Contracting Corps.''.

    SEC. 871. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE TO CONTRACTOR
                  EMPLOYEES.

        (a) Civilian Agencies.--Section 304C of the Federal Property and
    Administrative Services Act of 1949 (41 U.S.C. 254d) is amended in
    subsection (c)(1) by inserting before the period the following: ``and
    to interview any current employee regarding such transactions''.
        (b) Defense Agencies.--Section 2313 of title 10, United States
    Code, is amended in subsection (c)(1) by inserting before the period
    the following: ``and to interview any current employee regarding such
    transactions''.

    SEC. 872. DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT OFFICERS AND
                  SUSPENSION AND DEBARMENT OFFICIALS.

        (a) In General.--Subject to the authority, direction, and control
    of the Director of the Office of Management and Budget, the
    Administrator of General Services shall establish, not later than one
    year after the date of the enactment of this Act, and maintain a
    database of information regarding the integrity and performance of
    certain persons awarded Federal agency contracts and grants for use by
    Federal agency officials having authority over contracts and grants.
        (b) Persons Covered.--The database shall cover the following:
                (1) Any person awarded a Federal agency contract or grant
            in excess of $500,000, if any information described in
            subsection (c) exists with respect to such person.
                (2) Any person awarded such other category or categories of
            Federal agency contract as the Federal Acquisition Regulation
            may provide, if such information exists with respect to such
            person.
        (c) Information Included.--With respect to a covered person the
    database shall include information (in the form of a brief description)
    for the most recent 5-year period regarding the following:
                (1) Each civil or criminal proceeding, or any
            administrative proceeding, in connection with the award or
            performance of a contract or grant with the Federal Government
            with respect to the person during the period to the extent that
            such proceeding results in the following dispositions:
                        (A) In a criminal proceeding, a conviction.
                        (B) In a civil proceeding, a finding of fault and
                    liability that results in the payment of a monetary
                    fine, penalty, reimbursement, restitution, or damages
                    of $5,000 or more.
                        (C) In an administrative proceeding, a finding of
                    fault and liability that results in--
                                (i) the payment of a monetary fine or
                            penalty of $5,000 or more; or
                                (ii) the payment of a reimbursement,
                            restitution, or damages in excess of $100,000.
                        (D) To the maximum extent practicable and
                    consistent with applicable laws and regulations, in a
                    criminal, civil, or administrative proceeding, a
                    disposition of the matter by consent or compromise with
                    an acknowledgment of fault by the person if the
                    proceeding could have led to any of the outcomes
                    specified in subparagraph (A), (B), or (C).
                (2) Each Federal contract and grant awarded to the person
            that was terminated in such period due to default.
                (3) Each Federal suspension and debarment of the person in
            that period.
                (4) Each Federal administrative agreement entered into by
            the person and the Federal Government in that period to resolve
            a suspension or debarment proceeding.
                (5) Each final finding by a Federal official in that period
            that the person has been determined not to be a responsible
            source under subparagraph (C) or (D) of section 4(7) of the
            Office of Federal Procurement Policy Act (41 U.S.C. 403(7)).
                (6) Such other information as shall be provided for
            purposes of this section in the Federal Acquisition Regulation.
                (7) To the maximum extent practical, information similar to
            the information covered by paragraphs (1) through (4) in
            connection with the award or performance of a contract or grant
            with a State government.
        (d) Requirements Relating to Information in Database.--
                (1) Direct input and update.--The Administrator shall
            design and maintain the database in a manner that allows the
            appropriate Federal agency officials to directly input and
            update information in the database relating to actions such
            officials have taken with regard to contractors or grant
            recipients.
                (2) Timeliness and accuracy.--The Administrator shall
            develop policies to require--
                        (A) the timely and accurate input of information
                    into the database;
                        (B) the timely notification of any covered person
                    when information relevant to the person is entered into
                    the database; and
                        (C) opportunities for any covered person to submit
                    comments pertaining to information about such person
                    for inclusion in the database.
        (e) Use of Database.--
                (1) Availability to government officials.--The
            Administrator shall ensure that the information in the database
            is available to appropriate acquisition officials of Federal
            agencies, to such other government officials as the
            Administrator determines appropriate, and, upon request, to the
            Chairman and Ranking Member of the committees of Congress
            having jurisdiction.
                (2) Review and assessment of data.--
                        (A) In general.--Before awarding a contract or
                    grant in excess of the simplified acquisition threshold
                    under section 4(11) of the Office of Federal
                    Procurement Policy Act (41 U.S.C. 403(11)), the Federal
                    agency official responsible for awarding the contract
                    or grant shall review the database and shall consider
                    all information in the database with regard to any
                    offer or proposal, and, in the case of a contract,
                    shall consider other past performance information
                    available with respect to the offeror in making any
                    responsibility determination or past performance
                    evaluation for such offeror.
                        (B) Documentation in contract file.--The contract
                    file for each contract of a Federal agency in excess of
                    the simplified acquisition threshold shall document the
                    manner in which the material in the database was
                    considered in any responsibility determination or past
                    performance evaluation.
        (f) Disclosure in Applications.--Not later than one year after the
    date of the enactment of this Act, the Federal Acquisition Regulation
    shall be amended to require that persons with Federal agency contracts
    and grants valued in total greater than $10,000,000 shall--
                (1) submit to the Administrator, in a manner determined
            appropriate by the Administrator, the information subject to
            inclusion in the database as listed in subsection (c) current
            as of the date of submittal of such information under this
            subsection; and
                (2) update such information on a semiannual basis.
        (g) Rulemaking.--The Administrator shall promulgate such
    regulations as may be necessary to carry out this section.

    SEC. 873. ROLE OF INTERAGENCY COMMITTEE ON DEBARMENT AND SUSPENSION.

        (a) Requirement.--The Interagency Committee on Debarment and
    Suspension shall--
                (1) resolve issues regarding which of several Federal
            agencies is the lead agency having responsibility to initiate
            suspension or debarment proceedings;
                (2) coordinate actions among interested agencies with
            respect to such action;
                (3) encourage and assist Federal agencies in entering into
            cooperative efforts to pool resources and achieve operational
            efficiencies in the Governmentwide suspension and debarment
            system;
                (4) recommend to the Office of Management and Budget
            changes to Government suspension and debarment system and its
            rules, if such recommendations are approved by a majority of
            the Interagency Committee;
                (5) authorize the Office of Management and Budget to issue
            guidelines that implement those recommendations;
                (6) authorize the chair of the Committee to establish
            subcommittees as appropriate to best enable the Interagency
            Committee to carry out its functions; and
                (7) submit to Congress an annual report on--
                        (A) the progress and efforts to improve the
                    suspension and debarment system;
                        (B) member agencies' active participation in the
                    committee's work; and
                        (C) a summary of each agency's activities and
                    accomplishments in the Governmentwide debarment system.
        (b) Definition.--The term ``Interagency Committee on Debarment and
    Suspension'' means such committee constituted under sections 4 and 5
    and of Executive Order No. 12549.

    SEC. 874. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA SYSTEM.

        (a) Enhanced Transparency on Interagency Contracting and Other
    Transactions.--Not later than one year after the date of the enactment
    of this Act, the Director of the Office of Management and Budget shall
    direct appropriate revisions to the Federal Procurement Data System or
    any successor system to facilitate the collection of complete, timely,
    and reliable data on interagency contracting actions and on
    transactions other than contracts, grants, and cooperative agreements
    issued pursuant to section 2371 of title 10, United States Code, or
    similar authorities. The Director shall ensure that data, consistent
    with what is collected for contract actions, is obtained on--
                (1) interagency contracting actions, including data at the
            task or delivery-order level; and
                (2) other transactions, including the initial award and any
            subsequent modifications awarded or orders issued (other than
            transactions that are reported through the Federal Assistance
            Awards Data System).
        (b) Amendment.--Subsection (d) of section 19 of the Office of
    Federal Procurement Policy Act (41 U.S.C. 417(d)) is amended to read as
    follows:
        ``(d) Transmission and Data Entry of Information.--The head of each
    executive agency shall ensure the accuracy of the information included
    in the record established and maintained by such agency under
    subsection (a) and shall transmit in a timely manner such information
    to the General Services Administration for entry into the Federal
    Procurement Data System referred to in section 6(d)(4), or any
    successor system.''.
        (c) Report to Congress.--
                (1) Report required.--Not later than 180 days after the
            date of the enactment of this Act, the Administrator of General
            Services shall submit to Congress a report.
                (2) Contents of report.--The report shall contain the
            following:
                        (A) A list of all databases that include
                    information about Federal contracting and Federal
                    grants.
                        (B) Recommendations for further legislation or
                    administrative action that the Administrator considers
                    appropriate to create a centralized, comprehensive
                    Federal contracting and Federal grant database.

                           Subtitle H--Other Matters

    SEC. 881. EXPANSION OF AUTHORITY TO RETAIN FEES FROM LICENSING OF
                  INTELLECTUAL PROPERTY.

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

    SEC. 882. REPORT ON MARKET RESEARCH.

        Not later than October 1, 2009, the Secretary of Defense shall
    submit to the Committees on Armed Services of the Senate and the House
    of Representatives a report on the implementation of section 826 of the
    National Defense Authorization Act for Fiscal Year 2008 (Public Law
    110-181; 10 U.S.C. 2377 note) and the amendments made by that section.
    The report shall address--
                (1) actions taken by the Department of Defense to implement
            the amendments made by section 826(a) of such Act to section
            2377 of title 10, United States Code, with a particular focus
            on--
                        (A) the guidance issued by the Department on the
                    performance of market research;
                        (B) the market research being performed pursuant to
                    such guidance; and
                        (C) the results of such guidance and market
                    research;
                (2) training tools the Secretary of Defense has developed
            to assist contracting officials in performing market research
            in accordance with section 826(b) of such Act;
                (3) actions the Department of Defense intends to take to
            further implement such section 826 and the amendments made by
            that section, including dissemination of best practices and
            corrective actions where necessary; and
                (4) such other matters as the Secretary considers
            appropriate.

    SEC. 883. REPORT RELATING TO MUNITIONS.

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

    SEC. 884. MOTOR CARRIER FUEL SURCHARGES.

        (a) Pass Through to Cost Bearer.--The Secretary of Defense shall
    take appropriate actions to ensure that, to the maximum extent
    practicable, in all carriage contracts in which a fuel-related
    adjustment is provided for, any fuel-related adjustment is passed
    through to the person who bears the cost of the fuel that the
    adjustment relates to.
        (b) Use of Contract Clause.--The actions taken by the Secretary
    under subsection (a) shall include the insertion of a contract clause,
    with appropriate flow-down requirements, into all contracts with motor
    carriers, brokers, or freight forwarders providing or arranging truck
    transportation or services in which a fuel-related adjustment is
    provided for.
        (c) Disclosure.--The Secretary shall publicly disclose any decision
    by the Department of Defense to pay fuel-related adjustments under
    contracts (or a category of contracts) covered by this section.
        (d) Report.--Not later than 270 days after the date of the
    enactment of this Act, the Secretary shall submit to the committees on
    Armed Services of the Senate and the House of Representatives a report
    on the actions taken in accordance with the requirements of subsection
    (a).

    SEC. 885. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF EQUIPMENT FOR
                  HOMELAND SECURITY AND EMERGENCY RESPONSE ACTIVITIES
                  THROUGH THE DEPARTMENT OF DEFENSE.

        (a) Expansion of Procurement Authority to Include Equipment for
    Homeland Security and Emergency Response Activities.--
                (1) Procedures.--Subsection (a)(1) of section 381 of title
            10, United States Code, is amended--
                        (A) in subsection (a)(1)--
                                (i) in the matter preceding subparagraph
                            (A)--
                                        (I) by striking ``law
                                    enforcement''; and
                                        (II) by inserting ``, homeland
                                    security, and emergency response''
                                    after ``counter-drug'';
                                (ii) in subparagraph (A)--
                                        (I) in the matter preceding clause
                                    (i), by inserting ``, homeland
                                    security, or emergency response'' after
                                    ``counter-drug''; and
                                        (II) in clause (i), by striking
                                    ``law enforcement'';
                                (iii) in subparagraph (C), by striking
                            ``law enforcement'' each place it appears; and
                                (iv) in subparagraph (D), by striking ``law
                            enforcement''.
                (2) GSA catalog.--Subsection (c) of such section is
            amended--
                        (A) by striking ``law enforcement''; and
                        (B) by inserting ``, homeland security, and
                    emergency response'' after ``counter-drug''.
                (3) Definitions.--Subsection (d) of such section is
            amended--
                        (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,
                            and emergency response'' after ``counter-
                            drug''; and
                                (iii) by inserting ``and, in the case of
                            equipment for homeland security activities, may
                            not include any equipment that is not found on
                            the Authorized Equipment List published by the
                            Department of Homeland Security'' after
                            ``purposes''.
        (b) Clerical Amendments.--
                (1) Heading amendment.--The heading of such section is
            amended to read as follows:
    ``Sec. 381. Procurement of equipment by State and local governments
                  through the Department of Defense: equipment for counter-
                  drug, homeland security, and emergency response
                  activities''.
                (2) Table of sections.--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 of equipment by State and local governments through
                                the Department of Defense: equipment for
                                counter-drug, homeland security, and
                                emergency response activities.''.

    SEC. 886. REVIEW OF IMPACT OF COVERED SUBSIDIES ON ACQUISITION OF KC-45
                  AIRCRAFT.

        (a) Review of Covered Subsidies Required.--The Secretary of
    Defense, not later than 10 days after a ruling by the World Trade
    Organization that the United States, the European Union, or any
    political entity within the United States or the European Union, has
    provided a covered subsidy to a manufacturer of large commercial
    aircraft, shall begin a review, as described in subsection (b), of the
    impact of such covered subsidy on the source selection for the KC-45
    Aerial Refueling Aircraft Program.
        (b) Performance of the Review.--In performing the review required
    by subsection (a), the Secretary of Defense shall consult with experts
    within the Department of Defense, the Office of Management and Budget,
    the Office of the United States Trade Representative, and other
    agencies and offices of the Federal Government, and with such other
    experts outside the Government as the Secretary considers appropriate,
    on the potential impact of a covered subsidy on the source selection
    process for the KC-45 Aerial Refueling Aircraft Program.
        (c) Completion of Review.--The Secretary of Defense shall complete
    the review required by subsection (a) not later than 90 days after the
    World Trade Organization has completed ruling on all cases involving
    the allegation of a covered subsidy provided to a manufacturer of large
    commercial aircraft pending at the World Trade Organization as of the
    date of the enactment of this Act.
        (d) Report on Review.--Not later than 30 days after the completion
    of the review required by subsection (a), the Secretary of Defense
    shall provide a report to the congressional defense committees on the
    findings of the review, together with any recommendations the Secretary
    considers appropriate.
        (e) Definitions.--In this section:
                (1) The term ``covered subsidy'' means a subsidy found to
            constitute a violation of the Agreement on Subsidies and
            Countervailing Measures.
                (2) The term ``Agreement on Subsidies and Countervailing
            Measures'' means the agreement described in section 101(d)(12)
            of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)).
                (3) The term ``source selection'', with respect to a
            program of the Department of Defense, means the selection,
            through the use of competitive procedures or such other
            procurement procedures as may be applicable, of a contractor to
            perform a contract to carry out the program.

    SEC. 887. REPORT ON THE IMPLEMENTATION OF EARNED VALUE MANAGEMENT AT
                  THE DEPARTMENT OF DEFENSE.

        (a) In General.--The Secretary of Defense shall prepare a report on
    the implementation by the Department of Defense of earned value
    management. The report shall include, at a minimum, the following:
                (1) A discussion of the regulations and guidance of the
            Department applicable to the use and implementation of earned
            value management.
                (2) A discussion of the relative value of earned value
            management as a tool for program managers and senior Department
            officials.
                (3) A discussion of specific challenges the Department
            faces in successfully using earned value management because of
            the nature of the culture, history, systems, and activities of
            the Department, particularly with regard to requirements and
            funding instability.
                (4) A discussion of the methodology of the Department for
            earned value management implementation, including data quality
            issues, training, and information technology systems used to
            integrate and transmit earned value management data.
                (5) An evaluation of the accuracy of the earned value
            management data provided by vendors to the Federal Government
            concerning acquisition categories I and II programs, with a
            discussion of the impact of this data on the ability of the
            Department to achieve program objectives.
                (6) A description of the criteria used by the Department to
            evaluate the success of earned value management in delivering
            program objectives, with illustrative data and examples
            covering not less than three years.
                (7) Recommendations for improving earned value management
            and its implementation within the Department, including a
            discussion of the merits of possible alternatives.
        (b) Submission of Report.--Not later than 270 days after the date
    of the enactment of this Act, the Secretary of Defense shall submit the
    report required by subsection (a) to the Committees on Armed Services
    of the Senate and of the House of Representatives.
        (c) Definition.--In this section, the term ``earned value
    management'' has the meaning given that term in section 300 of part 7
    of Office of Management and Budget Circular A-11 as published in June
    2008.

          TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                  Subtitle A--Department of Defense Management

    Sec. 901. Plan required for personnel management of special operations
                                forces.
    Sec. 902. Director of Operational Energy Plans and Programs.
    Sec. 903. Corrosion control and prevention executives for the military
                                departments.
    Sec. 904. Participation of Deputy Chief Management Officer of the
                                Department of Defense on Defense Business
                                System Management Committee.
    Sec. 905. Modification of status of Assistant to the Secretary of
                                Defense for Nuclear and Chemical and
                                Biological Defense Programs.
    Sec. 906. Requirement for the Secretary of Defense to prepare a
                                strategic plan to enhance the role of the
                                National Guard and Reserves.
    Sec. 907. General Counsel to the Inspector General of the Department of
                                Defense.
    Sec. 908. Business transformation initiatives for the military
                                departments.

                          Subtitle B--Space Activities

    Sec. 911. Extension of authority for pilot program for provision of
                                space surveillance network services to
                                entities outside United States Government.
    Sec. 912. Investment and acquisition strategy for commercial satellite
                                capabilities.
    Sec. 913. Space posture review.

                 Subtitle C--Chemical Demilitarization Program

    Sec. 921. Responsibilities for Chemical Demilitarization Citizens'
                                Advisory Commissions in Colorado and
                                Kentucky.
    Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at
                                Pueblo Chemical Depot, Colorado.

                    Subtitle D--Intelligence-Related Matters

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

                           Subtitle E--Other Matters

    Sec. 941. Enhancement of authorities relating to Department of Defense
                                regional centers for security studies.
    Sec. 942. Restriction on obligation of funds for United States Southern
                                Command development assistance activities.
    Sec. 943. Authorization of non-conventional assisted recovery
                                capabilities.
    Sec. 944. Report on homeland defense and civil support issues.
    Sec. 945. Report on National Guard resource requirements.

                  Subtitle A--Department of Defense Management

    SEC. 901. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPECIAL OPERATIONS
                  FORCES.

        (a) Requirement for Plan.--The commander of the special operations
    command, in consultation with the secretaries of the military
    departments, shall prepare and submit to the Secretary of Defense a
    plan relating to personnel management of special operations forces.
        (b) Matters Covered.--The plan under subsection (a) shall address
    the following:
                (1) Coordination among the military departments in order to
            enhance the manpower management and improve overall readiness
            of special operations forces.
                (2) Coordination by the commander of the special operations
            command with the Secretaries of the military departments in
            order to better execute his responsibility to maintain
            readiness of special operations forces, including in the areas
            of accessions, assignments, compensation, promotions,
            professional development, retention, sustainment, and training.
        (c) Submission of Plan to Congressional Defense Committees.--Not
    later than 90 days after the date of the enactment of this Act, the
    Secretary of Defense shall submit the plan required under subsection
    (a) to the congressional defense committees, together with such
    additional comments as the Secretary and the Chairman of the Joint
    Chiefs of Staff consider appropriate.

    SEC. 902. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS.

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

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

    SEC. 903. CORROSION CONTROL AND PREVENTION EXECUTIVES FOR THE MILITARY
                  DEPARTMENTS.

        (a) Requirement to Designate Corrosion Control and Prevention
    Executive.--Not later than 90 days after the date of the enactment of
    this Act, the Assistant Secretary of each military department with
    responsibility for acquisition, technology, and logistics shall
    designate an employee of the military department as the corrosion
    control and prevention executive. Such executive shall be the senior
    official in the department with responsibility for coordinating
    department-level corrosion control and prevention program activities
    (including budget programming) with the military department and the
    Office of the Secretary of Defense, the program executive officers of
    the military departments, and relevant major subordinate commands of
    the military departments.
        (b) Duties.--(1) The corrosion control and prevention executive of
    a military department shall ensure that corrosion control and
    prevention is maintained in the department's policy and guidance for
    management of each of the following:
                (A) System acquisition and production, including design and
            maintenance.
                (B) Research, development, test, and evaluation programs
            and activities.
                (C) Equipment standardization programs, including
            international standardization agreements.
                (D) Logistics research and development initiatives.
                (E) Logistics support analysis as it relates to integrated
            logistic support in the materiel acquisition process.
                (F) Military infrastructure design, construction, and
            maintenance.
        (2) The corrosion control and prevention executive of a military
    department shall be responsible for identifying the funding levels
    necessary to accomplish the items listed in subparagraphs (A) through
    (F) of paragraph (1).
        (3) The corrosion control and prevention executive of a military
    department shall, in cooperation with the appropriate staff of the
    department, develop, support, and provide the rationale for resources--
                (A) to initiate and sustain an effective corrosion control
            and prevention program in the department;
                (B) to evaluate the program's effectiveness; and
                (C) to ensure that corrosion control and prevention
            requirements for materiel are reflected in budgeting and
            policies of the department for the formulation, management, and
            evaluation of personnel and programs for the entire department,
            including its reserve components.
        (4) The corrosion control and prevention executive of a military
    department shall be the principal point of contact of the department to
    the Director of Corrosion Policy and Oversight (as assigned under
    section 2228 of title 10, United States Code).
        (5) The corrosion control and prevention executive of a military
    department shall submit an annual report, not later than December 31 of
    each year, to the Secretary of Defense containing recommendations
    pertaining to the corrosion control and prevention program of the
    military department, including corrosion-related funding levels to
    carry out all of the duties of the executive under this section.

    SEC. 904. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER OF THE
                  DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS SYSTEM
                  MANAGEMENT COMMITTEE.

        (a) Participation.--Subsection (a) of section 186 of title 10,
    United States Code, is amended--
                (1) by redesignating paragraphs (2) through (7) as
            paragraphs (3) through (8), respectively;
                (2) by inserting after paragraph (1) the following new
            paragraph (2):
                ``(2) The Deputy Chief Management Officer of the Department
            of Defense.''; and
                (3) by striking paragraph (7), as redesignated by paragraph
            (1), and inserting the following new paragraph:
                ``(7) The Chief Management Officers of the military
            departments and the heads of such Defense Agencies as may be
            designated by the Secretary of Defense.''.
        (b) Service as Vice Chairman.--The second sentence of subsection
    (b) of such section is amended to read as follows: ``The Deputy Chief
    Management Officer of the Department of Defense shall serve as the vice
    chairman of the Committee, and shall act as chairman in the absence of
    the Deputy Secretary of Defense.''.

    SEC. 905. MODIFICATION OF STATUS OF ASSISTANT TO THE SECRETARY OF
                  DEFENSE FOR NUCLEAR AND CHEMICAL AND BIOLOGICAL DEFENSE
                  PROGRAMS.

        Section 142 of title 10, United States Code, is amended by adding
    at the end the following new subsection:
        ``(c) The Assistant to the Secretary shall be considered an
    Assistant Secretary of Defense for purposes of section 138(d) of this
    title.''.

    SEC. 906. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE A
                  STRATEGIC PLAN TO ENHANCE THE ROLE OF THE NATIONAL GUARD
                  AND RESERVES.

        (a) Plan.--Not later than April 1, 2009, the Secretary of Defense
    shall prepare a plan for enhancing the roles of the National Guard and
    Reserve--
                (1) when federalized in the case of the National Guard, or
            activated in the case of the Reserves, in support of operations
            conducted under title 10, United States Code, including the
            transition of the reserve component of the Armed Forces from a
            strategic force to an operational reserve;
                (2) in support of operations conducted under title 32,
            United States Code, or in support to civil authorities; and
                (3) with respect to the achievement of a fully-integrated
            total force (including further development of a continuum of
            service).
        (b) Consultation.--In preparing the plan under subsection (a), the
    Secretary of Defense shall take into consideration the advice of the
    Chairman of the Joint Chiefs of Staff, the Secretary and Chief of Staff
    of the Army, the Secretary and Chief of Staff of the Air Force, the
    commander of the United States Northern Command, the Chief of the
    National Guard Bureau, and other appropriate officials, as determined
    by the Secretary of Defense.
        (c) Matters to Be Assessed.--In preparing the plan, the Secretary
    shall assess--
                (1) the findings, conclusions, and recommendations of the
            Final Report to Congress and the Secretary of Defense of the
            Commission on the National Guard and Reserves, dated January
            31, 2008, and titled ``Transforming the National Guard and
            Reserves into a 21st-Century Operational Force''; and
                (2) the provisions of H.R. 5603 and S. 2706 of the 110th
            Congress, as introduced on March 13, 2008 (the National Guard
            Empowerment and State-National Defense Integration Act of
            2008).
        (d) Report.--Not later than April 1, 2009, the Secretary of Defense
    shall submit to the Committees on Armed Services of the Senate and the
    House of Representatives a report on the plan required under this
    section. The report shall include recommendations on--
                (1) any changes to the current Department of Defense
            organization, structure, command relationships, budget
            authority, procurement authority, and compensation and
            benefits;
                (2) any legislation that the Secretary considers necessary;
            and
                (3) any other matter the Secretary considers appropriate.

    SEC. 907. GENERAL COUNSEL TO THE INSPECTOR GENERAL OF THE DEPARTMENT OF
                  DEFENSE.

        Section 8 of the Inspector General Act of 1978 (50 U.S.C. App. 8)
    is amended by adding at the end the following new subsection:
        ``(h)(1) There is a General Counsel to the Inspector General of the
    Department of Defense, who shall be appointed by the Inspector General
    of the Department of Defense.
        ``(2)(A) Notwithstanding section 140(b) of title 10, United States
    Code, the General Counsel is the chief legal officer of the Office of
    the Inspector General.
        ``(B) The Inspector General is the exclusive legal client of the
    General Counsel.
        ``(C) The General Counsel shall perform such functions as the
    Inspector General may prescribe.
        ``(D) The General Counsel shall serve at the discretion of the
    Inspector General.
        ``(3) There is an Office of the General Counsel to the Inspector
    General of the Department of Defense. The Inspector General may appoint
    to the Office to serve as staff of the General Counsel such legal
    counsel as the Inspector General considers appropriate.''.

    SEC. 908. BUSINESS TRANSFORMATION INITIATIVES FOR THE MILITARY
                  DEPARTMENTS.

        (a) In General.--The Secretary of each military department shall,
    acting through the Chief Management Officer of such military
    department, carry out an initiative for the business transformation of
    such military department.
        (b) Objectives.--The objectives of the business transformation
    initiative of a military department under this section shall include,
    at a minimum, the following:
                (1) The development of a comprehensive business
            transformation plan, with measurable performance goals and
            objectives, to achieve an integrated management system for the
            business operations of the military department.
                (2) The development of a well-defined enterprise-wide
            business systems architecture and transition plan encompassing
            end-to-end business processes and capable of providing
            accurately and timely information in support of business
            decisions of the military department.
                (3) The implementation of the business transformation plan
            developed pursuant to paragraph (1) and the business systems
            architecture and transition plan developed pursuant to
            paragraph (2).
        (c) Business Transformation Offices.--
                (1) Establishment.--Not later than 180 days after the date
            of the enactment of this Act, the Secretary of each military
            department shall establish within such military department an
            office (to be known as the ``Office of Business
            Transformation'' of such military department) to assist the
            Chief Management Officer of such military department in
            carrying out the initiative required by this section for such
            military department.
                (2) Head.--The Office of Business Transformation of a
            military department under this subsection shall be headed by a
            Director of Business Transformation, who shall be appointed by
            the Chief Management Officer of the military department, in
            consultation with the Director of the Business Transformation
            Agency of the Department of Defense, from among individuals
            with significant experience managing large-scale organizations
            or business transformation efforts.
                (3) Supervision.--The Director of Business Transformation
            of a military department under paragraph (2) shall report
            directly to the Chief Management Officer of the military
            department, subject to policy guidance from the Director of the
            Business Transformation Agency of the Department of Defense.
                (4) Authority.--In carrying out the initiative required by
            this section for a military department, the Director of
            Business Transformation of the military department under
            paragraph (2) shall have the authority to require elements of
            the military department to carry out actions that are within
            the purpose and scope of the initiative.
        (d) Responsibilities of Business Transformation Offices.--The
    Office of Business Transformation of a military department established
    pursuant to subsection (b) may be responsible for the following:
                (1) Transforming the budget, finance, accounting, and human
            resource operations of the military department in a manner that
            is consistent with the business transformation plan developed
            pursuant to subsection (b)(1).
                (2) Eliminating or replacing financial management systems
            of the military department that are inconsistent with the
            business systems architecture and transition plan developed
            pursuant to subsection (b)(2).
                (3) Ensuring that the business transformation plan and the
            business systems architecture and transition plan are
            implemented in a manner that is aggressive, realistic, and
            accurately measured.
                (4) Such other responsibilities as the Secretary of that
            military department determines are appropriate.
        (e) Required Elements.--In carrying out the initiative required by
    this section for a military department, the Chief Management Officer
    and the Director of Business Transformation of the military department
    shall ensure that each element of the initiative is consistent with--
                (1) the requirements of the Business Enterprise
            Architecture and Transition Plan developed by the Secretary of
            Defense pursuant to section 2222 of title 10, United States
            Code;
                (2) the Standard Financial Information Structure of the
            Department of Defense;
                (3) the Federal Financial Management Improvement Act of
            1996 (and the amendments made by that Act); and
                (4) other applicable requirements of law and regulation.
        (f) Reports on Implementation.--
                (1) Initial reports.--Not later than nine months after the
            date of the enactment of this Act, the Chief Management Officer
            of each military department shall submit to the congressional
            defense committees a report on the actions taken, and on the
            actions planned to be taken, by such military department to
            implement the requirements of this section.
                (2) Updates.--Not later than March 1 of each of 2010, 2011,
            and 2012, the Chief Management Officer of each military
            department shall submit to the congressional defense committees
            a current update of the report submitted by such Chief
            Management Officer under paragraph (1).

                          Subtitle B--Space Activities

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

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

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

        (a) Requirement.--The Secretary of Defense shall conduct an
    assessment to determine a recommended investment and acquisition
    strategy for commercial satellite capabilities.
        (b) Elements.--The assessment required under subsection (a) shall
    include the following:
                (1) Review of national and defense policy relevant to the
            requirements for, acquisition of, and use of commercial
            satellite capabilities, and the relationship with commercial
            satellite providers.
                (2) Assessment of the manner in which commercial satellite
            capabilities are used by the Department of Defense and options
            for expanding such use or identifying new means to leverage
            commercial satellite capabilities, such as hosting payloads.
                (3) Review of military requirements for satellite
            communications and remote sensing by quantity, quality,
            timeline, and any other metric considered appropriate.
                (4) Description of current and planned commercial satellite
            capabilities and an assessment of their ability to meet the
            requirements identified in paragraph (3).
                (5) Assessment of the ability of commercial satellite
            capabilities to meet other military requirements not identified
            in paragraph (3).
                (6) Description of the use of and resources allocated to
            commercial satellite communications and remote sensing needed
            to meet the requirements identified in paragraph (3) during--
                        (A) the five-year period preceding the date of the
                    assessment;
                        (B) the period from the date of the assessment
                    through the fiscal years covered under the future-years
                    defense program under section 221 of title 10, United
                    States Code; and
                        (C) the period beyond the fiscal years covered
                    under the future-years defense program under such
                    section 221.
                (7) Assessment of purchasing patterns that may lead to
            recommendations in which the Department may consolidate
            requirements, centralize operations, aggregate purchases, or
            leverage purchasing power (including the use of multiyear
            contracting).
                (8) Assessment of various models for acquiring commercial
            satellite capabilities, including funding, management, and
            operations models.
        (c) Report.--
                (1) In general.--Not later than February 1, 2010, the
            Secretary of Defense shall submit to the congressional defense
            committees a report setting forth the results of the assessment
            required under subsection (a) and provide recommendations,
            including--
                        (A) the recommended investment and acquisition
                    strategy of the Department for commercial satellite
                    capabilities;
                        (B) how the investment and acquisition strategy
                    should be addressed in fiscal years after fiscal year
                    2010; and
                        (C) a proposal for such legislative action as the
                    Secretary considers necessary to acquire appropriate
                    types and amounts of commercial satellite capabilities.
                (2) Form.--The report shall be in unclassified form, but
            may include a classified annex.
        (d) Definitions.--In this section:
                (1) The term ``commercial satellite capabilities'' means
            the system, capability, or service provided by a commercial
            satellite provider.
                (2) The term ``commercial satellite provider'' refers to
            privately owned and operated space systems, their technology,
            components, products, data, services, and related information,
            as well as foreign systems whose products and services are sold
            commercially.

    SEC. 913. SPACE POSTURE REVIEW.

        (a) Requirement for Comprehensive Review.--In order to clarify the
    national security space policy and strategy of the United States for
    the near term, the Secretary of Defense and the Director of National
    Intelligence shall jointly conduct a comprehensive review of the space
    posture of the United States over the posture review period.
        (b) Elements of Review.--The review conducted under subsection (a)
    shall include, for the posture review period, the following:
                (1) The definition, policy, requirements, and objectives
            for each of the following:
                        (A) Space situational awareness.
                        (B) Space control.
                        (C) Space superiority, including defensive and
                    offensive counterspace and protection.
                        (D) Force enhancement and force application.
                        (E) Space-based intelligence and surveillance and
                    reconnaissance from space.
                        (F) Integration of space and ground control and
                    user equipment.
                        (G) Any other matter the Secretary considers
                    relevant to understanding the space posture of the
                    United States.
                (2) A description of current and planned space acquisition
            programs that are in acquisition categories 1 and 2, including
            how each program will address the policy, requirements, and
            objectives described under each of subparagraphs (A) through
            (G) of paragraph (1).
                (3) A description of future space systems and technology
            development (other than such systems and technology in
            development as of the date of the enactment of this Act)
            necessary to address the policy, requirements, and objectives
            described under each of subparagraphs (A) through (G) of
            paragraph (1).
                (4) An assessment of the relationship among the following:
                        (A) Military space policy.
                        (B) National security space policy.
                        (C) National security space objectives.
                        (D) Arms control policy.
                        (E) Export control policy.
                        (F) Industrial base policy.
                (5) An assessment of the effect of the military and
            national security space policy of the United States on the
            proliferation of weapons capable of targeting objects in space
            or objects on Earth from space.
        (c) Report.--
                (1) In general.--Not later than December 1, 2009, the
            Secretary of Defense and the Director of National Intelligence
            shall jointly submit to the congressional committees specified
            in paragraph (3) a report on the review conducted under
            subsection (a).
                (2) Form of report.--The report under this subsection shall
            be submitted in unclassified form, but may include a classified
            annex.
                (3) Committees.--The congressional committees specified in
            this paragraph are--
                        (A) the Committee on Armed Services and the Select
                    Committee on Intelligence of the Senate; and
                        (B) the Committee on Armed Services and the
                    Permanent Select Committee on Intelligence of the House
                    of Representatives.
        (d) Posture Review Period Defined.--In this section, the term
    ``posture review period'' means the 10-year period beginning on
    February 1, 2009.

                 Subtitle C--Chemical Demilitarization Program

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

        Section 172 of the National Defense Authorization Act for Fiscal
    Year 1993 (50 U.S.C. 1521 note) is amended--
                (1) by redesignating subsections (f) and (g) as subsections
            (g) and (h), respectively; and
                (2) by inserting after subsection (e) the following new
            subsection (f):
        ``(f) Colorado and Kentucky Chemical Demilitarization Citizens'
    Advisory Commissions.--(1) Notwithstanding subsections (b), (g), and
    (h), and consistent with section 142 of the Strom Thurmond National
    Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note)
    and section 8122 of the Department of Defense Appropriations Act, 2003
    (Public Law 107-248; 116 Stat. 1566; 50 U.S.C. 1521 note), the
    Secretary of the Army shall transfer responsibilities for the Chemical
    Demilitarization Citizens' Advisory Commissions in Colorado and
    Kentucky to the Program Manager for Assembled Chemical Weapons
    Alternatives.
        ``(2) In carrying out the responsibilities transferred under
    paragraph (1), the Program Manager for Assembled Chemical Weapons
    Alternatives shall take appropriate actions to ensure that each
    Commission referred to in paragraph (1) retains the capacity to receive
    citizen and State concerns regarding the ongoing chemical
    demilitarization program in the State concerned.
        ``(3) A representative of the Office of the Assistant to the
    Secretary of Defense for Nuclear, Chemical, and Biological Defense
    Programs shall meet with each Commission referred to in paragraph (1)
    not less often than twice a year.
        ``(4) Funds appropriated for the Assembled Chemical Weapons
    Alternatives Program shall be available for travel and associated
    travel costs for Commissioners on the Commissions referred to in
    paragraph (1) when such travel is conducted at the invitation of the
    Special Assistant for Chemical and Biological Defense and Chemical
    Demilitarization Programs of the Department of Defense.''.

    SEC. 922. COST-BENEFIT ANALYSIS OF FUTURE TREATMENT OF HYDROLYSATE AT
                  PUEBLO CHEMICAL DEPOT, COLORADO.

        (a) Findings.--Congress makes the following findings:
                (1) The Pueblo Chemical Agent Destruction Pilot Plant,
            Colorado, is not planned to begin chemical agent destruction
            operations until 2015.
                (2) There will be no hydrolysate byproduct of chemical
            agent neutralization at the Pueblo Chemical Depot, Colorado,
            until after chemical agent destruction operations begin.
                (3) The Department of Defense has no plans to produce,
            treat, store, or transport hydrolysate at the Pueblo Chemical
            Depot, Colorado, during fiscal year 2009.
                (4) A January 10, 2007, Department of Defense Acquisition
            Decision Memorandum requires the Program Manager for the
            Assembled Chemical Weapons Alternatives to continue to pursue
            off-site treatment and disposal of hydrolysate as long as doing
            so would be safe, efficient, and economically beneficial.
        (b) Cost-Benefit Analysis.--The Secretary of Defense shall perform
    a cost-benefit analysis of future on-site and off-site options for
    treatment and disposal of hydrolysate expected to be produced at the
    Pueblo Chemical Depot, Colorado.
        (c) Report.--Together with the budget justification materials
    submitted to Congress in support of the Department of Defense budget
    for fiscal year 2010 (as submitted with the budget of the President
    under section 1105(a) of title 31, United States Code), the Secretary
    of Defense shall submit to the congressional defense committees a
    report containing the results of the cost-benefit analysis required by
    subsection (b).
        (d) Notice and Wait.--After the submission of the report required
    by subsection (c), if the Secretary of Defense decides to transport
    hydrolysate from Pueblo Chemical Depot, Colorado, to an off-site
    location during fiscal year 2009, the Department shall not commence
    such transport until 60 days after the Secretary provides written
    notice to the congressional defense committees of the Department's
    intent to conduct such transport.

                    Subtitle D--Intelligence-Related Matters

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

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

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

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

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

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

                           Subtitle E--Other Matters

    SEC. 941. ENHANCEMENT OF AUTHORITIES RELATING TO DEPARTMENT OF DEFENSE
                  REGIONAL CENTERS FOR SECURITY STUDIES.

        (a) Availability of Funds for Activities Across Fiscal Years.--
                (1) In general.--Section 184(f) of title 10, United States
            Code, is amended by adding at the end the following new
            paragraph:
        ``(6) Funds available to carry out this section, including funds
    accepted under paragraph (4) and funds available under paragraph (5),
    shall be available, to the extent provided in appropriations Acts, for
    programs and activities under this section that begin in a fiscal year
    and end in the following fiscal year.''.
                (2) Effective date.--The amendment made by paragraph (1)
            shall take effect on October 1, 2008, and shall apply with
            respect to programs and activities under section 184 of title
            10, United States Code (as so amended), that begin on or after
            that date.
        (b) Temporary Waiver of Reimbursement of Costs of Activities for
    Nongovernmental Personnel.--
                (1) Authority for temporary waiver.--In fiscal years 2009
            and 2010, the Secretary of Defense may, with the concurrence of
            the Secretary of State, waive reimbursement otherwise required
            under subsection (f) of section 184 of title 10, United States
            Code, of the costs of activities of Regional Centers under such
            section for personnel of nongovernmental and international
            organizations who participate in activities of the Regional
            Centers that enhance cooperation of nongovernmental
            organizations and international organizations with United
            States forces if the Secretary of Defense determines that
            attendance of such personnel without reimbursement is in the
            national security interests of the United States.
                (2) Limitation.--The amount of reimbursement that may be
            waived under paragraph (1) in any fiscal year may not exceed
            $1,000,000.
                (3) Annual report.--The Secretary of Defense shall include
            in the annual report under section 184(h) of title 10, United
            States Code, in 2010 and 2011 information on the attendance of
            personnel of nongovernmental and international organizations in
            activities of the Regional Centers during the preceding fiscal
            year for which a waiver of reimbursement was made under
            paragraph (1), including information on the costs incurred by
            the United States for the participation of personnel of each
            nongovernmental or international organization that so attended.

    SEC. 942. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED STATES SOUTHERN
                  COMMAND DEVELOPMENT ASSISTANCE ACTIVITIES.

        (a) Report and Certification Required.--Not later than 120 days
    after the date of the enactment of this Act, the Secretary of Defense
    shall submit to the congressional defense committees a report
    describing the development assistance activities carried out by the
    United States Southern Command during fiscal year 2008 and planned for
    fiscal year 2009 and containing a certification by the Secretary that
    such development assistance activities--
                (1) will not adversely diminish the ability of the United
            States Southern Command or its components to carry out its
            combat or military missions;
                (2) do not divert resources from funded or unfunded
            requirements of the United States Southern Command in
            connection with the role of the Department of Defense under
            section 124 of title 10, United States Code, as the single lead
            agency of the Federal Government for the detection and
            monitoring of aerial and maritime transit of illegal drugs into
            the United States;
                (3) are not unnecessarily duplicative of activities already
            conducted or planned to be conducted by any other Federal
            department or agency during fiscal year 2009; and
                (4) are designed, planned, and conducted to complement
            joint training and exercises, host-country capacity building,
            or similar activities directly connected to the
            responsibilities of the United States Southern Command.
        (b) Restriction on Obligation of Funds Pending Certification.--Of
    the amounts appropriated pursuant to an authorization of appropriations
    in this Act or otherwise made available for fiscal year 2009 for
    operation and maintenance for the United States Southern Command, not
    more than 90 percent may be obligated or expended until 30 days after
    the certification required by subsection (a) is received by the
    congressional defense committees.
        (c) Development Assistance Activities Defined.--In this section,
    the term ``development assistance activities'' means assistance
    activities carried out by the United States Southern Command that are
    comparable to the assistance activities carried out by the United
    States under--
                (1) chapters 1, 10, 11, and 12 of part I of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2151, 2293, 2295, and 2296 et
            seq.); and
                (2) any other provision of law for purposes comparable to
            the purposes for which assistance activities are carried out
            under the provisions of law referred to in paragraph (1).

    SEC. 943. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY
                  CAPABILITIES.

        (a) Non-Conventional Assisted Recovery Capabilities.--Upon a
    determination by a commander of a combatant command that an action is
    necessary in connection with a non-conventional assisted recovery
    effort, and with the concurrence of the relevant Chief of Mission or
    Chiefs of Mission, an amount not to exceed $20,000,000 of the funds
    appropriated pursuant to an authorization of appropriations or
    otherwise made available for ``Operation and Maintenance, Navy'' may be
    used to establish, develop, and maintain non-conventional assisted
    recovery capabilities.
        (b) Procedures.--The Secretary of Defense shall establish
    procedures for the exercise of the authority under subsection (a). The
    Secretary shall notify the congressional defense committees of those
    procedures before any exercise of that authority.
        (c) Authorized Activities.--Non-conventional assisted recovery
    capabilities authorized under subsection (a) may, in limited and
    special circumstances, include the provision of support to foreign
    forces, irregular forces, groups, or individuals in order to facilitate
    the recovery of Department of Defense or Coast Guard military or
    civilian personnel, or other individuals who, while conducting
    activities in support of United States military operations, become
    separated or isolated and cannot rejoin their units without the
    assistance authorized in subsection (a). Such support may include the
    provision of limited amounts of equipment, supplies, training,
    transportation, or other logistical support or funding.
        (d) Notice to Congress on Use of Authority.--Upon using the
    authority in subsection (a) to make funds available for support of non-
    conventional assisted recovery activities, the Secretary of Defense
    shall notify the congressional defense committees within 72 hours of
    the use of such authority with respect to support of such activities.
    Any such notice shall be in writing.
        (e) Annual Report.--Not later than 30 days after the close of each
    fiscal year during which subsection (a) is in effect, the Secretary of
    Defense shall submit to the congressional defense committees a report
    on support provided under that subsection during that fiscal year. Each
    such report shall describe the support provided, including a statement
    of the recipient of support and the amount obligated to provide the
    support.
        (f) Limitation on Intelligence Activities.--This section does not
    constitute authority to conduct a covert action, as such term is
    defined in section 503(e) of the National Security Act of 1947 (50
    U.S.C. 413b(e)).
        (g) Limitation on Foreign Assistance Activities.--This section does
    not constitute authority--
                (1) to build the capacity of foreign military forces or
            provide security and stabilization assistance, as described in
            sections 1206 and 1207 of the National Defense Authorization
            Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456
            and 3458), respectively; and
                (2) to provide assistance that is otherwise prohibited by
            any other provision in law, including any provision of law
            relating to the control of exports of defense articles or
            defense services.
        (h) Period of Authority.--The authority under this section is in
    effect during each of the fiscal years 2009 through 2011.

    SEC. 944. REPORT ON HOMELAND DEFENSE AND CIVIL SUPPORT ISSUES.

        (a) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    congressional defense committees a report on certain homeland defense
    and civil support issues.
        (b) Elements.--The report required under subsection (a) shall
    include the following:
                (1) A description of the progress made by the Department of
            Defense to address the concerns related to the United States
            Northern Command identified in the Comptroller General reports
            GAO-08-251 and GAO-08-252, including improved coordination with
            other agencies.
                (2) A detailed description of the plans and progress made
            by the Department of Defense to establish forces assigned the
            mission of managing the consequences of an incident in the
            United States homeland involving a chemical, biological,
            radiological, or nuclear device, or high-yield explosives.

    SEC. 945. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.

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

                          TITLE X--GENERAL PROVISIONS

                         Subtitle A--Financial Matters

    Sec. 1001. General transfer authority.
    Sec. 1002. One-time shift of military retirement payments.
    Sec. 1003. Management of purchase cards.
    Sec. 1004. Codification of recurring authority on United States
                                contributions to the North Atlantic Treaty
                                Organization common-funded budgets.
    Sec. 1005. Incorporation of funding decisions into law.

              Subtitle B--Policy Relating to Vessels and Shipyards

    Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
    Sec. 1012. Report on repair of naval vessel in foreign shipyards.
    Sec. 1013. Report on plan for disposal of certain vessels stricken from
                                the Naval Vessel Register.
    Sec. 1014. Reimbursement of expenses for certain Navy mess operations.
    Sec. 1015. Policy relating to major combatant vessels of the strike
                                forces of the United States Navy.

                      Subtitle C--Counter-Drug Activities

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

             Subtitle D--Miscellaneous Authorities and Limitations

    Sec. 1031. Enhancement of the capacity of the United States Government
                                to conduct complex operations.
    Sec. 1032. Crediting of admiralty claim receipts for damage to property
                                funded from a Department of Defense working
                                capital fund.
    Sec. 1033. Minimum annual purchase requirements for charter air
                                transportation services from carriers
                                participating in the Civil Reserve Air
                                Fleet.
    Sec. 1034. Semi-annual reports on status of Navy Next Generation
                                Enterprise Networks program.
    Sec. 1035. Sense of Congress on nuclear weapons management.
    Sec. 1036.  Sense of Congress on joint Department of Defense-Federal
                                Aviation Administration executive committee
                                on conflict and dispute resolution.
    Sec. 1037.  Sense of Congress on sale of new outsize cargo, strategic
                                airlift aircraft for civilian use.

                        Subtitle E--Studies and Reports

    Sec. 1041. Report on corrosion control and prevention.
    Sec. 1042. Study on using Modular Airborne Fire Fighting Systems
                                (MAFFS) in a Federal response to wildfires.
    Sec. 1043. Study on rotorcraft survivability.
    Sec. 1044. Report on nuclear weapons.
    Sec. 1045. Report on compliance by Department of Defense with Guam tax
                                and licensing laws.
    Sec. 1046. Report on detention operations in Iraq.
    Sec. 1047. Review of bandwidth capacity requirements of the Department
                                of Defense and the intelligence community.
    Sec. 1048. Review of findings and recommendations applicable to the
                                Department of Defense regarding
                                electromagnetic pulse attack.

                           Subtitle F--Other Matters

    Sec. 1051. Additional information under annual submissions of
                                information regarding information
                                technology capital assets.
    Sec. 1052. Submission to Congress of revision to regulation on enemy
                                prisoners of war, retained personnel,
                                civilian internees, and other detainees.
    Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey.
    Sec. 1054. Standing advisory panel on improving coordination among the
                                Department of Defense, the Department of
                                State, and the United States Agency for
                                International Development on matters of
                                national security.
    Sec. 1055. Reports on strategic communication and public diplomacy
                                activities of the Federal Government.
    Sec. 1056. Prohibitions relating to propaganda.
    Sec. 1057. Sense of Congress on interrogation of detainees by
                                contractor personnel.
    Sec. 1058. Sense of Congress with respect to videotaping or otherwise
                                electronically recording strategic
                                intelligence interrogations of persons in
                                the custody of or under the effective
                                control of the Department of Defense.
    Sec. 1059. Modification of deadlines for standards required for entry
                                to military installations in the United
                                States.
    Sec. 1060. Extension of certain dates for Congressional Commission on
                                the Strategic Posture of the United States.
    Sec. 1061. Technical and clerical amendments.
    Sec. 1062.  Notification of Committees on Armed Services with respect
                                to certain nonproliferation and
                                proliferation activities.
    Sec. 1063. Assessment of security measures at consolidated center for
                                North American Aerospace Defense Command
                                and United States Northern Command.

                         Subtitle A--Financial Matters

    SEC. 1001. GENERAL TRANSFER AUTHORITY.

        (a) Authority To Transfer Authorizations.--
                (1) Authority.--Upon determination by the Secretary of
            Defense that such action is necessary in the national interest,
            the Secretary may transfer amounts of authorizations made
            available to the Department of Defense in this division for
            fiscal year 2009 between any such authorizations for that
            fiscal year (or any subdivisions thereof). Amounts of
            authorizations so transferred shall be merged with and be
            available for the same purposes as the authorization to which
            transferred.
                (2) Limitation.--Except as provided in paragraph (3), the
            total amount of authorizations that the Secretary may transfer
            under the authority of this section may not exceed
            $4,200,000,000.
                (3) Exception for transfers between military personnel
            authorizations.--A transfer of funds between military personnel
            authorizations under title IV shall not be counted toward the
            dollar limitation in paragraph (2).
        (b) Limitations.--The authority provided by this section to
    transfer authorizations--
                (1) may only be used to provide authority for items that
            have a higher priority than the items from which authority is
            transferred; and
                (2) may not be used to provide authority for an item that
            has been denied authorization by Congress.
        (c) Effect on Authorization Amounts.--A transfer made from one
    account to another under the authority of this section shall be deemed
    to increase the amount authorized for the account to which the amount
    is transferred by an amount equal to the amount transferred.
        (d) Notice to Congress.--The Secretary shall promptly notify
    Congress of each transfer made under subsection (a).

    SEC. 1002. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS.

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

    SEC. 1003. MANAGEMENT OF PURCHASE CARDS.

        (a) Penalties for Violations.--Section 2784(c)(1) of title 10,
    United States Code, is amended by striking ``(1) provide for'' and
    inserting the following:
                ``(1) provide--
                        ``(A) for the reimbursement of charges for
                    unauthorized or erroneous purchases, in appropriate
                    cases; and
                        ``(B) for''.
        (b) Required Report.--Not later than 270 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and the House of
    Representatives a report detailing actions to be taken by the
    Department of Defense to implement the recommendations of the
    Government Accountability Office in its report titled ``Actions Needed
    to Strengthen Internal Controls to Reduce Fraudulent, Improper, and
    Abusive Purchases'' (GAO-08-333) to improve safeguards and internal
    controls on the use of agency purchase cards.

    SEC. 1004. CODIFICATION OF RECURRING AUTHORITY ON UNITED STATES
                  CONTRIBUTIONS TO THE NORTH ATLANTIC TREATY ORGANIZATION
                  COMMON-FUNDED BUDGETS.

        (a) Codification of Authority.--
                (1) In general.--Subchapter II of chapter 134 of title 10,
            United States Code, is amended by adding at the end the
            following new section:
    ``Sec. 2263. United States contributions to the North Atlantic Treaty
                  Organization common-funded budgets
        ``(a) In General.--The total amount contributed by the Secretary of
    Defense in any fiscal year for the common-funded budgets of NATO may be
    an amount in excess of the maximum amount that would otherwise be
    applicable to those contributions in such fiscal year under the fiscal
    year 1998 baseline limitation.
        ``(b) Reports.--(1) Not later than October 30 each year, the
    Secretary of Defense shall submit to the congressional defense
    committees a report on the contributions made by the Secretary to the
    common-funded budgets of NATO in the preceding fiscal year.
        ``(2) Each report under paragraph (1) shall include, for the fiscal
    year covered by such report, the following:
                ``(A) The amounts contributed by the Secretary to each of
            the separate budgets and programs of the North Atlantic Treaty
            Organization under the common-funded budgets of NATO.
                ``(B) For each budget and program to which the Secretary
            made such a contribution, the percentage of such budget or
            program during the fiscal year that such contribution
            represented.
        ``(c) Definitions.--In this section:
                ``(1) Common-funded budgets of nato.--The term `common-
            funded budgets of NATO' means the Military Budget, the Security
            Investment Program, and the Civil Budget of the North Atlantic
            Treaty Organization (and any successor or additional account or
            program of NATO).
                ``(2) Fiscal year 1998 baseline limitation.--The term
            `fiscal year 1998 baseline limitation' means the maximum annual
            amount of Department of Defense contributions for common-funded
            budgets of NATO that is set forth as the annual limitation in
            section 3(2)(C)(ii) of the resolution of the Senate giving the
            advice and consent of the Senate to the ratification of the
            Protocols to the North Atlantic Treaty of 1949 on the Accession
            of Poland, Hungary, and the Czech Republic (as defined in
            section 4(7) of that resolution), approved by the Senate on
            April 30, 1998.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of subchapter II of chapter 134 of such title is
            amended by adding at the end the following new item:

    ``2263. United States contributions to the North Atlantic Treaty
                                Organization common-funded budgets.''.
        (b) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2008, and shall apply to fiscal years that begin
    on or after that date.

    SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.

        (a) Amounts Specified in Joint Explanatory Statement Are Authorized
    by Law.--Wherever a funding table in the Joint Explanatory Statement
    which is to be printed in the Congressional Record on or about
    September 23, 2008, to explain the Duncan Hunter National Defense
    Authorization Act for Fiscal Year 2009 specifies a dollar amount for a
    project, program, or activity, the obligation and expenditure of the
    specified dollar amount for the indicated project, program, or activity
    is hereby authorized by law to be carried out to the same extent as if
    included in the text of the Act, subject to the availability of
    appropriations.
        (b) Merit-Based Decisions.--Decisions by agency heads to commit,
    obligate, or expend funds with or to a specific entity on the basis of
    dollar amount authorized pursuant to subsection (a) shall be based on
    authorized, transparent, statutory criteria, or merit-based selection
    procedures in accordance with the requirements of sections 2304(k) and
    2374 of title 10, United States Code, and other applicable provisions
    of law.
        (c) Relationship to Transfer and Reprogramming Authority.--This
    section does not prevent an amount covered by this section from being
    transferred or reprogrammed under a transfer or reprogramming authority
    provided by another provision of this Act or by other law. The transfer
    or reprogramming of an amount incorporated into the Act by this section
    shall not count against a ceiling on such transfers or reprogrammings
    under section 1001 of this Act or any other provision of law, unless
    such transfer or reprogramming would move funds between appropriation
    accounts.
        (d) Applicability to Classified Annex.--This section applies to any
    classified annex to the Joint Explanatory Statement referred to in
    subsection (a).
        (e) Oral and Written Communication.--No oral or written
    communication concerning any amount specified in the Joint Explanatory
    Statement referred to in subsection (a) shall supersede the
    requirements of this section.

              Subtitle B--Policy Relating to Vessels and Shipyards

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

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

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

        Section 7310 of title 10, United States Code, is amended by adding
    at the end the following new subsection:
        ``(c) Report.--(1) The Secretary of the Navy shall submit to
    Congress each year, at the time that the President's budget is
    submitted to Congress that year under section 1105(a) of title 31, a
    report listing all repairs and maintenance performed on any covered
    naval vessel that has undergone work for the repair of the vessel in
    any shipyard outside the United States or Guam (in this section
    referred to as a `foreign shipyard') during the fiscal year preceding
    the fiscal year in which the report is submitted.
        ``(2) The report shall include the percentage of the annual ship
    repair budget of the Navy that was spent on repair of covered naval
    vessels in foreign shipyards during the fiscal year covered by the
    report.
        ``(3) The report also shall include the following with respect to
    each covered naval vessel:
                ``(A) The justification under law for the repair in a
            foreign shipyard.
                ``(B) The name and class of vessel repaired.
                ``(C) The category of repair and whether the repair
            qualified as voyage repair as defined in Commander Military
            Sealift Command Instruction 4700.15C (September 13, 2007) or
            Joint Fleet Maintenance Manual (Commander Fleet Forces Command
            Instruction 4790.3 Revision A, Change 7), Volume III. Scheduled
            availabilities are to be considered as a composite and reported
            as a single entity without individual repair and maintenance
            items listed separately.
                ``(D) The shipyard where the repair work was carried out.
                ``(E) The number of days the vessel was in port for repair.
                ``(F) The cost of the repair and the amount (if any) that
            the cost of the repair was less than or greater than the cost
            of the repair provided for in the contract.
                ``(G) The schedule for repair, the amount of work
            accomplished (stated in terms of work days), whether the repair
            was accomplished on schedule, and, if not so accomplished, the
            reason for the schedule over-run.
                ``(H) The homeport or location of the vessel prior to its
            voyage for repair.
                ``(I) Whether the repair was performed under a contract
            awarded through the use of competitive procedures or procedures
            other than competitive procedures.
        ``(4) In this subsection, the term `covered naval vessel' means any
    of the following:
                ``(A) A naval vessel.
                ``(B) Any other vessel under the jurisdiction of the
            Secretary of the Navy.''.

    SEC. 1013. REPORT ON PLAN FOR DISPOSAL OF CERTAIN VESSELS STRICKEN FROM
                  THE NAVAL VESSEL REGISTER.

        Not later than 180 days after the date of the enactment of this
    Act, the Secretary of the Navy, in consultation with the Administrator
    of the Maritime Administration, shall submit to the congressional
    defense committees a report containing--
                (1) a plan for the sale and disposal of each vessel over
            50,000 tons light ship displacement stricken from the Naval
            Vessel Register but not yet disposed of by the Navy or the
            Maritime Administration; and
                (2) the estimated contribution to the domestic market for
            steel and other metals that might be made from the scrapping of
            such vessels.

    SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS OPERATIONS.

        (a) Authority for Payment.--Of the amounts appropriated for
    operation and maintenance for the Navy, not more that $1,000,000 may be
    used to pay the charge established under section 1011 of title 37,
    United States Code, for meals sold by messes for United States Navy and
    Naval Auxiliary vessels to the following:
                (1) Members of nongovernmental organizations and officers
            or employees of host and foreign nations when participating in
            or providing support to United States civil-military
            operations.
                (2) Foreign national patients treated on Naval vessels
            during the conduct of United States civil-military operations,
            and their escorts.
        (b) Expiration of Authority.--The authority to pay for meals under
    subsection (a) shall expire on September 30, 2010.
        (c) Report.--Not later than March 31 of each year during which the
    authority to pay for meals under subsection (a) is in effect, the
    Secretary of Defense shall submit to Congress a report on the use of
    such authority.

    SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE
                  FORCES OF THE UNITED STATES NAVY.

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

                      Subtitle C--Counter-Drug Activities

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

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

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

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

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

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

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

        (a) Extension of Authority.--Subsection (a)(2) of section 1033 of
    the National Defense Authorization Act for Fiscal Year 1998 (Public Law
    105-85; 111 Stat. 1881), as amended by section 1021 of the National
    Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136, 117
    Stat. 1593), section 1022 of the John Warner National Defense
    Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
    2137), and section 1022 of the National Defense Authorization Act for
    Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), is further
    amended by striking ``2008'' and inserting ``2009''.
        (b) Additional Governments Eligible to Receive Support.--Subsection
    (b) of such section is amended by adding at the end the following new
    paragraphs:
                ``(19) The Government of Guinea-Bissau.
                ``(20) The Government of Senegal.
                ``(21) The Government of El Salvador.
                ``(22) The Government of Honduras.''.
        (c) Maximum Annual Amount of Support.--Subsection (e)(2) of such
    section is amended--
                (1) by striking ``or'' after ``2006,''; and
                (2) by striking the period at the end and inserting ``, or
            $75,000,000 during fiscal year 2009.''.
        (d) Condition on Provision of Support.--Subsection (f) of such
    section is amended--
                (1) in paragraph (2), by inserting after ``In the case of''
            the following: ``funds appropriated for fiscal year 2009 to
            carry out this section and''; and
                (2) in paragraph (4)(B), by striking ``Committee on
            International Relations'' and inserting ``Committee on Foreign
            Affairs''.
        (e) Counter-Drug Plan.--Subsection (h) of such section is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``fiscal year 2004'' and inserting ``fiscal year 2009''; and
                (2) in subparagraph (7), by striking ``For the first fiscal
            year'' and inserting ``For fiscal year 2009, and thereafter,
            for the first fiscal year''.

    SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR COUNTER-
                  NARCOTICS EFFORTS FOR UNITED STATES AFRICA COMMAND.

        (a) Report Required.--Not later than June 30, 2009, the Secretary
    of Defense shall submit to the congressional defense committees a
    comprehensive strategy of the Department of the Defense with regard to
    counter-narcotics efforts in Africa, with an emphasis on West Africa
    and the Maghreb. The Secretary of Defense shall prepare the strategy in
    consultation with the Secretary of State.
        (b) Matters to Be Included.--The comprehensive strategy shall
    consist of a general overview and a separate detailed section for each
    of the following:
                (1) A description of the overall United States counter-
            narcotics policy for Africa.
                (2) The roles and missions of the Department of Defense in
            support of the overall United States counter-narcotics policy
            for Africa.
                (3) The priorities for the Department of Defense to meet
            programmatic objectives one-year, three-years, and five-years
            after the end of fiscal year 2009, including a description of
            the expected allocation of resources of the Department of
            Defense to accomplish these priorities.
                (4) The efforts of the Secretary of Defense to coordinate
            the Department of Defense counter-narcotics activities in
            Africa with Department of Defense building capacity programs,
            including programs carried out under the authority of the
            Secretary under section 1206 of the National Defense
            Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
            Stat. 3456).
                (5) The efforts to coordinate the counter-narcotics
            activities of the Department of Defense with the counter-
            narcotics activities of the governments eligible to receive
            support under section 1033 of the National Defense
            Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
            Stat. 1881) and the counter-narcotics activities in Africa of
            European countries and other international and regional
            partners.
        (c) Plans.--The comprehensive strategy shall also include the
    following plans:
                (1) A detailed and comprehensive plan to utilize the
            capabilities and assets of the combatant commands that
            geographically surround the United States Africa Command for
            the counter-narcotics efforts and activities of the United
            States Africa Command on a temporary basis until the United
            States Africa Command develops its own commensurate
            capabilities and assets, including in the plan a description of
            what measures will be taken to effectuate the transition of the
            missions.
                (2) A detailed and comprehensive plan to enhance
            cooperation with certain African countries, which are often
            geographically contiguous to other African countries that have
            a significant narcotics-trafficking challenges, to increase the
            effectiveness of the counter-narcotics activities of the
            Department of Defense and its international and regional
            partners.

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

        (a) Report Required.--Not later than June 30, 2009, the Secretary
    of Defense shall submit to the congressional defense committees a
    comprehensive strategy of the Department of the Defense with regard to
    counter-narcotics efforts in the South and Central Asian regions,
    including the countries of Afghanistan, Turkmenistan, Tajikistan,
    Kyrgyzstan, Kazakhstan, Pakistan, and India, as well as the countries
    of Armenia, Azerbaijan, and China.
        (b) Matters to Be Included.--The comprehensive strategy shall
    consist of a general overview and a separate detailed section for each
    of the following:
                (1) The roles and missions of the Department of Defense in
            support of the overall United States counter-narcotics policy
            for countries of the South and Central Asian regions and the
            other countries specified in subsection (a).
                (2) The priorities for the Department of Defense to meet
            programmatic objectives for fiscal year 2010, including a
            description of the expected allocation of resources of the
            Department of Defense to accomplish these priorities.
                (3) The ongoing and planned counter-narcotics activities
            funded by the Department of Defense for such regions and
            countries.
                (4) The efforts to coordinate the counter-narcotics
            activities of the Department of Defense with the counter-
            narcotics activities of such regions and countries and the
            counter-narcotics activities of other international partners in
            such regions and countries.
                (5) The specific metrics used by the Department of Defense
            to evaluate progress of activities to reduce the production and
            trafficking of illicit narcotics in such regions and countries.

             Subtitle D--Miscellaneous Authorities and Limitations

    SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES GOVERNMENT
                  TO CONDUCT COMPLEX OPERATIONS.

        (a) In General.--Chapter 20 of title 10, United States Code, is
    amended by adding at the end the following new section:
    ``Sec. 409. Center for Complex Operations
        ``(a) Center Authorized.--The Secretary of Defense may establish a
    center to be known as the `Center for Complex Operations' (in this
    section referred to as the `Center').
        ``(b) Purposes.--The purposes of the Center established under
    subsection (a) shall be the following:
                ``(1) To provide for effective coordination in the
            preparation of Department of Defense personnel and other United
            States Government personnel for complex operations.
                ``(2) To foster unity of effort during complex operations
            among--
                        ``(A) the departments and agencies of the United
                    States Government;
                        ``(B) foreign governments and militaries;
                        ``(C) international organizations and international
                    nongovernmental organizations; and
                        ``(D) domestic nongovernmental organizations.
                ``(3) To conduct research; collect, analyze, and distribute
            lessons learned; and compile best practices in matters relating
            to complex operations.
                ``(4) To identify gaps in the education and training of
            Department of Defense personnel, and other relevant United
            States Government personnel, relating to complex operations,
            and to facilitate efforts to fill such gaps.
        ``(c) Concurrence of the Secretary of State.--- The Secretary of
    Defense shall seek the concurrence of the Secretary of State to the
    extent the efforts and activities of the Center involve the entities
    referred to in subparagraphs (B) and (C) of subsection (b)(2).
        ``(d) Support From Other United States Government Departments or
    Agencies.--The head of any non-Department of Defense department or
    agency of the United States Government may--
                ``(1) provide to the Secretary of Defense services,
            including personnel support, to support the operations of the
            Center; and
                ``(2) transfer funds to the Secretary of Defense to support
            the operations of the Center.
        ``(e) Acceptance of 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 operations of the Center.
        ``(2) The sources specified in this paragraph 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) 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) The Secretary shall provide written guidance setting forth
    the criteria to be used in determining the applicability of paragraph
    (3) to any proposed gift or donation under this subsection.
        ``(f) Crediting of Funds Transferred or Accepted.--Funds
    transferred to or accepted by the Secretary of Defense under this
    section shall be credited to appropriations available to the Department
    of Defense for the Center, and shall be available for the same
    purposes, and subject to the same conditions and limitations, as the
    appropriations with which merged. Any funds so transferred or accepted
    shall remain available until expended.
        ``(g) Definitions.--In this section:
                ``(1) The term `complex operation' means an operation as
            follows:
                        ``(A) A stability operation.
                        ``(B) A security operation.
                        ``(C) A transition and reconstruction operation.
                        ``(D) A counterinsurgency operation.
                        ``(E) An operation consisting of irregular warfare.
                ``(2) 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).''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 20 of such title is amended by adding at the end the following
    new item:

    ``409. Center for Complex Operations.''.

    SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE TO PROPERTY
                  FUNDED FROM A DEPARTMENT OF DEFENSE WORKING CAPITAL FUND.

        Section 7623(b) of title 10, United States Code, is amended--
                (1) by inserting ``(1)'' after ``(b)'';
                (2) in paragraph (1), as so designated, by striking the
            last sentence; and
                (3) by adding at the end the following new paragraph:
        ``(2)(A) Except as provided in subparagraph (B), amounts received
    under this section shall be covered into the Treasury as miscellaneous
    receipts.
        ``(B) Amounts received under this section for damage or loss to
    property operated and maintained with funds from a Department of
    Defense working capital fund or account shall be credited to that fund
    or account.''.

    SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER AIR
                  TRANSPORTATION SERVICES 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. Charter air transportation services: minimum annual
                  purchase amount for carriers participating in Civil
                  Reserve Air Fleet
        ``(a) In General.--The Secretary of Defense shall take steps to--
                ``(1) improve the predictability in Department of Defense
            charter requirements;
                ``(2) strengthen Civil Reserve Airlift Fleet participation
            to assure adequate capacity is available to meet steady-state,
            surge and mobilization requirements; and
                ``(3) provide incentives for commercial air passenger
            carriers to provide newer, more efficient and reliable aircraft
            for Department of Defense service rather than older, fully
            depreciated aircraft.
        ``(b) Consideration of Recommendations.--In carrying out subsection
    (a), the Secretary of Defense shall consider the recommendations on
    courses of action for the Civil Reserve Air Fleet as outlined in the
    report required by Section 356 of the National Defense Authorization
    Act for 2008 (Public Law 110-181).
        ``(c) Contracts for Charter Air Transportation Services.--The
    Secretary of Defense may award to an air carrier or an air carrier
    contractor team arrangement participating in the Civil Reserve Air
    Fleet on a fiscal year basis a one-year contract for charter air
    transportation services with a minimum purchase amount under such
    contract determined in accordance with this section.
        ``(d) Eligible Charter Air Transportation Carriers.--In order to be
    eligible for payments under the minimum purchase amount provided by
    this section, an air carrier (or any air carrier participating in an
    air carrier contractor team arrangement)--
                ``(1) if under contract with the Department of Defense in
            the prior fiscal year, shall have an average on-time pick up
            rate, based on factors within such air carrier's control, of at
            least 90 percent;
                ``(2) shall offer such amount of commitment to the Civil
            Reserve Air Fleet in excess of the minimum required for
            participation in the Civil Reserve Air Fleet as the Secretary
            of Defense shall specify for purposes of this section; and
                ``(3) may not have refused a Department of Defense request
            to act as a host for other Civil Reserve Air Fleet carriers at
            intermediate staging bases during the prior fiscal year.
        ``(e) Aggregate Minimum Purchase Amount.--(1) The aggregate amount
    of the minimum purchase amount for all contracts awarded under
    subsection (c) for a fiscal year shall be based on forecast needs, but
    may not exceed the amount equal to 80 percent of the average annual
    expenditure of the Department of Defense for charter air transportation
    services 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 average annual expenditure of the
    Department of Defense for charter air transportation services for
    purposes of paragraph (1), the Secretary of Defense shall omit from the
    calculation any fiscal year exhibiting unusually high demand for
    charter air transportation services if the Secretary determines that
    the omission of such fiscal year from the calculation will result in a
    more accurate forecast of anticipated charter air transportation
    services for purposes of that paragraph.
        ``(f) Allocation of Minimum Purchase Among Charter Air
    Transportation Contracts.--(1) The aggregate amount of the minimum
    purchase amount for all contracts awarded under subsection (c) for a
    fiscal year, as determined under subsection (e), shall be allocated
    among all air carriers and air carrier contractor team arrangements
    awarded contracts under subsection (c) for such fiscal year in
    proportion to the commitments of such carriers to the Civil Reserve Air
    Fleet for such fiscal year.
        ``(2) In determining the minimum purchase amount payable under
    paragraph (1) under a contract under subsection (c) for charter air
    transportation services provided by an air carrier or air carrier
    contractor team arrangement during the fiscal year covered by such
    contract, the Secretary of Defense may adjust the amount allocated to
    such carrier or arrangement under paragraph (2) to take into account
    periods during such fiscal year when charter air transportation
    services of such carrier or a carrier in such arrangement are
    unavailable for usage by the Department of Defense, including during
    periods of refused business or suspended operations or when such
    carrier is placed in nonuse status pursuant to section 2640 of this
    title for safety reasons.
        ``(g) Distribution of Amounts.--If any amount available under this
    section for the minimum purchase of charter air transportation services
    from a carrier or air carrier contractor team arrangement for a fiscal
    year under a contract under subsection (c) is not utilized to purchase
    charter air transportation services from the carrier or arrangement in
    such fiscal year, such amount shall be provided to the carrier or
    arrangement before the first day of the following fiscal year.
        ``(h) Commitment of Funds.--(1) 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 the payment of minimum purchase amounts under all
    contracts awarded under subsection (c) for such fiscal year equivalent
    to the percentage of the anticipated use of charter air transportation
    services by such military department during such fiscal year from all
    carriers under contracts awarded under subsection (c) for such fiscal
    year.
        ``(2) Any amounts required to be transferred under paragraph (1)
    shall be transferred by the last day of the fiscal year concerned to
    meet the requirements of subsection (g) unless minimum purchase amounts
    have already been distributed by the Secretary of Defense under
    subsection (g) as of that date.
        ``(i) Availability of Airlift Services.--(1) From the total amount
    of charter air transportation services available for a fiscal year
    under all contracts awarded under subsection (c) for such fiscal year,
    a military department shall be entitled to obtain a percentage of such
    services equal to the percentage of the contribution of the military
    department to the transportation working capital fund for such fiscal
    year under subsection (h).
        ``(2) A military department may transfer any entitlement to charter
    air transportation services under paragraph (1) to any other military
    department or to any other agency, element, or component of the
    Department of Defense.
        ``(j) Definition.--In this section, the term `charter air
    transportation' has the meaning given such term in section 40102(14) of
    title 49, United States Code, except that it only means such
    transportation for which the Secretary of Defense has entered into a
    contract for the purpose of passenger travel.
        ``(k) Sunset.--The authorities in this section shall expire on
    December 31, 2015.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 941 of such title is amended by adding at the end the following
    new item:

    ``9515. Charter air transportation services: minimum annual purchase
                                amount for carriers participating in Civil
                                Reserve Air Fleet.''.
        (c) Report to Congress; Limitation on Exercise of Authority.--
                (1) Report.--The Secretary of Defense shall submit to the
            congressional defense committees a written report on the
            actions taken under subsections (a) and (b) of section 9515 of
            title 10, United States Code, as added by subsection (a), along
            with the anticipated risks and benefits of such actions.
                (2) Limitation.--No authority under subsections (c) through
            (I) of such section may be implemented until 30 days after the
            date on which the Secretary submits the report required under
            paragraph (1).

    SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT GENERATION
                  ENTERPRISE NETWORKS PROGRAM.

        (a) Semi-Annual Reports Required.--The Secretary of Defense shall
    submit to the congressional defense committees semi-annual reports on
    the status of the development, testing, and deployment of the Navy Next
    Generation Enterprise Networks program and the transition of the
    capabilities provided by the Navy Marine Corps Intranet program to the
    Next Generation Enterprise Networks program. Each such report shall
    cover such status during the two fiscal quarters preceding the fiscal
    quarter in which the report is submitted.
        (b) Coordination.--The Secretary of Defense shall develop each of
    the semi-annual reports required under subsection (a) in coordination
    with the Secretary of the Navy, the Under Secretary of Defense for
    Acquisition, Technology, and Logistics, the Assistant Secretary of
    Defense for Networks and Information Integration, and the Director of
    Operational Test and Evaluation.
        (c) Contents of Reports.--Each of the reports required under
    subsection (a) shall address the following matters for the period
    covered by the report:
                (1) For each Next Generation Enterprise Networks contract
            entered into by the Secretary of Defense--
                        (A) the metrics used for quantitatively measuring
                    the performance of the entity with which the Secretary
                    has entered into the contract and, based on such
                    metrics, an assessment of the performance of such
                    entity during such period;
                        (B) the qualitative measures used to assess the
                    performance of such entity and, based on such
                    qualitative measures, an assessment of the performance
                    of such entity during such period;
                        (C) the mechanisms for providing incentives to
                    improve the performance of such entity, the processes
                    for determining incentive payments, and the use of
                    incentive payments made during such period; and
                        (D) the mechanisms for penalizing such entity for
                    poor performance, the processes for determining
                    penalties, and the use of such penalties during such
                    period.
                (2) Any progress made during such period to transition
            information technology services from the Navy Marine Corps
            Intranet program to the Next Generation Enterprise Networks
            program, including the transfer of intellectual property and
            infrastructure, and a description of contracting mechanisms
            used to facilitate such transition and the provision of
            services related to such transition.
                (3) An assessment of any issues arising during such period
            that relate to the valuation and ownership of intellectual
            property and infrastructure in the Navy Marine Corps Intranet
            program.
                (4) Any activities carried out by the Next Generation
            Enterprise Networks Governance Board to resolve issues related
            to the Next Generation Enterprise Network program.
                (5) An assessment of the operational effectiveness and
            suitability of the Next Generation Enterprise Networks program
            during such period based on testing activities and other
            assessments.
                (6) A description of the information security and
            information assurance posture and performance of the Next
            Generation Enterprise Networks program during such period.
                (7) The schedule, status, and goals of the early transition
            activities between the Navy Marine Corps Intranet program and
            the Next Generation Enterprise Networks program carried out
            during such period.
                (8) A description of the role of the Next Generation
            Enterprise Networks program with the Navy's network
            environment.
                (9) An updated acquisition milestone schedule, including
            any changes from previous planned schedules, the status of
            achieving milestones, and mitigation strategies for maintaining
            program schedule performance.
        (d) Deadline for Submittal of Reports.--The Secretary of Defense
    shall submit the semi-annual reports required under this section by not
    later than April 1 and October 1 of each year, and shall submit the
    first report required under this section by not later than April 1,
    2009.
        (e) Termination.--The requirement to submit semi-annual reports
    under this section shall terminate on the date that is one year after
    the date on which the Secretary of Defense completes the full
    transition of the provision of services from the Navy Marine Corps
    Intranet program and other transition programs to the Next Generation
    Enterprise Networks program.

    SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.

        (a) Findings.--Congress makes the following findings:
                (1) The unauthorized transfer of nuclear weapons from Minot
            Air Force Base, North Dakota, to Barksdale Air Force Base,
            Louisiana, in August 2007 was an extraordinary breach of the
            command and control and security of nuclear weapons.
                (2) The reviews conducted following that unauthorized
            transfer found that the ability of the Department of Defense to
            provide oversight of nuclear weapons matters had degenerated
            and that senior level attention to nuclear weapons management
            is minimal at best.
                (3) The lack of attention to nuclear weapons and related
            equipment by the Department of Defense was demonstrated again
            when it was discovered in March 2008 that classified equipment
            from Minuteman III intercontinental ballistic missiles was
            inadvertently shipped to Taiwan in 2006.
                (4) The Department of Defense has insufficient capability
            and staffing in the Office of the Under Secretary of Defense
            for Policy to provide the necessary oversight of the nuclear
            weapons functions of the Department.
                (5) The key senior position responsible for nuclear weapons
            matters in the Department of Defense, the Assistant to the
            Secretary of Defense for Nuclear and Chemical and Biological
            Defense Programs, a position filled by appointment by and with
            the advice and consent of the Senate, was vacant for more than
            18 months before being filled in July 2008.
                (6) The inability to provide consistent senior level
            emphasis on nuclear weapons policy has contributed to an
            erosion in the level of attention paid to nuclear weapons
            matters across the Department of Defense.
        (b) Sense of Congress.--It is the sense of Congress that--
                (1) the United States should maintain clear and unambiguous
            command and control of its nuclear weapons;
                (2) the safety and security of nuclear weapons and related
            equipment should be a high priority as long as the United
            States maintains a stockpile of nuclear weapons;
                (3) these objectives will be more successfully attained if
            greater attention is paid to nuclear weapons matters within the
            Office of the Secretary of Defense, the Office of the Under
            Secretary of Defense for Policy, and the Office of the Under
            Secretary of Defense for Acquisition, Technology, and
            Logistics;
                (4) the Secretary of Defense should consider establishing
            and filling a senior position, at the level of Assistant
            Secretary of Defense or Deputy Under Secretary of Defense,
            within the Office of the Under Secretary of Defense for Policy
            to hold primary responsibility for the strategic and nuclear
            weapons policy of the Department of Defense; and
                (5) the Secretary of Defense should clarify the lines of
            responsibility and accountability for nuclear weapons matters
            within the Office of the Secretary of Defense to place greater
            emphasis on strategic and nuclear weapons policy and
            management.

    SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-FEDERAL
                  AVIATION ADMINISTRATION EXECUTIVE COMMITTEE ON CONFLICT
                  AND DISPUTE RESOLUTION.

        (a) Findings.--Congress makes the following findings:
                (1) Unmanned aerial systems (UAS) of the Department of
            Defense, like the Predator and the Global Hawk, have become a
            critical component of military operations. Unmanned aerial
            systems are indispensable in the conflict against terrorism and
            the campaigns in Afghanistan and Iraq.
                (2) Unmanned aerial systems of the Department of Defense
            must operate in the National Airspace System (NAS) for
            training, operational support to the combatant commands, and
            support to domestic authorities in emergencies and national
            disasters.
                (3) The Department of Defense has been lax in developing
            certifications of airworthiness for unmanned aerial systems,
            qualifications for operators of unmanned aerial systems,
            databases on safety matters relating to unmanned aerial
            systems, and standards, technology, and procedures that are
            necessary for routine access of unmanned aerial systems to the
            National Airspace System.
                (4) As recognized in a Memorandum of Agreement for
            Operation of Unmanned Aircraft Systems in the National Airspace
            System signed by the Deputy Secretary of Defense and the
            Administrator of the Federal Aviation Administration in
            September 2007, it is vital for the Department of Defense and
            the Federal Aviation Administration to collaborate closely to
            achieve progress in gaining access for unmanned aerial systems
            to the National Airspace System to support military
            requirements.
                (5) The Department of Defense and the Federal Aviation
            Administration have jointly and separately taken significant
            actions to improve the access of unmanned aerial systems of the
            Department of Defense to the National Airspace System, but
            overall, the pace of progress in access of such systems to the
            National Airspace System has been insufficient and poses a
            threat to national security.
                (6) Techniques and procedures can be rapidly acquired or
            developed to temporarily permit safe operations of unmanned
            aerial systems in the National Airspace System until permanent
            safe operations of such systems in the National Airspace System
            can be achieved.
                (7) Identifying, developing, approving, implementing, and
            monitoring the adequacy of these techniques and procedures may
            require the establishment of a joint Department of Defense-
            Federal Aviation Administration executive committee reporting
            to the highest levels of the Department of Defense and the
            Federal Aviation Administration on matters relating to the
            access of unmanned aerial systems of the Department of Defense
            to the National Airspace System.
                (8) Joint management attention at the highest levels of the
            Department of Defense and the Federal Aviation Administration
            may also be required on other important issues, such as type
            ratings for aerial refueling aircraft.
        (b) Sense of Congress.--It is the sense of Congress that the
    Secretary of Defense should seek an agreement with the Administrator of
    the Federal Aviation Administration to jointly establish within the
    Department of Defense and the Federal Aviation Administration a joint
    Department of Defense-Federal Aviation Administration executive
    committee on conflict and dispute resolution which would--
                (1) act as a focal point for the resolution of disputes on
            matters of policy and procedures between the Department of
            Defense and the Federal Aviation Administration with respect
            to--
                        (A) airspace, aircraft certifications, and aircrew
                    training; and
                        (B) other issues brought before the joint executive
                    committee by the Department of Defense or the
                    Department of Transportation;
                (2) identify solutions to the range of technical,
            procedural, and policy concerns arising in the disputes
            described in paragraph (1); and
                (3) identify solutions to the range of technical,
            procedural, and policy concerns arising in the integration of
            Department of Defense unmanned aerial systems into the National
            Airspace System in order to achieve the increasing, and
            ultimately routine, access of such systems into the National
            Airspace System.

    SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO, STRATEGIC
                  AIRLIFT AIRCRAFT FOR CIVILIAN USE.

        (a) Findings.--Congress makes the following findings:
                (1) The 2006 Quadrennial Defense Review and the 2005
            Mobility Capability Study determined that the United States
            Transportation Command requires a force of 292 to 383 organic
            strategic airlift aircraft, augmented by procurement of airlift
            service from commercial air carriers participating in the Civil
            Reserve Air Fleet, to meet the demands of the National Military
            Strategy. Congress has authorized and appropriated funds for
            316 strategic airlift aircraft.
                (2) The commander of the United States Transportation
            Command has testified to Congress that it is essential to
            safeguard the capabilities and capacity of the Civil Reserve
            Air Fleet to meet wartime surge demands in connection with
            major combat operations and that procurement by the Air Force
            of excess organic strategic airlift aircraft could be harmful
            to the health of the Civil Reserve Air Fleet.
                (3) The C-17 aircraft is used extensively by the Air
            Mobility Command in the Global War on Terror. Production of the
            C-17 aircraft is scheduled to cease in August, 2010.
                (4) The Federal Aviation Administration has informed
            Congress that no fewer than six commercial operators have
            expressed interest in operating a commercial variant of the C-
            17 aircraft. Commercial sale of the new C-17 aircraft would
            require that the Department of Defense determine that it is in
            the national interest for the Federal Aviation Administration
            to proceed with the issuance of a type certificate for C-17
            aircraft in accordance with section 21.27 of title 14, Code of
            Federal Regulations.
                (5) New C-17 aircraft sold for commercial use could be made
            available to the Civil Reserve Air Fleet, thus strengthening
            the capabilities and capacity of the Civil Reserve Air Fleet.
        (b) Sense of Congress.--It is the sense of Congress that the
    Secretary of Defense, in consultation with the Secretary of
    Transportation, should--
                (1) review the benefits and feasibility of pursuing a new
            production commercial cargo capability with new C-17 commercial
            variant aircraft and determine whether such capability is in
            the national interest; and
                (2) if the Secretary of Defense determines that such a
            capability is in the national interest, take appropriate
            actions to coordinate with the Federal Aviation Administration
            to achieve the type certification for a commercial variant of
            the C-17 required by section 21.27 of title 14, Code of Federal
            Regulations.

                        Subtitle E--Studies and Reports

    SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.

        (a) Report Required.--The Secretary of Defense, acting through the
    Director of Corrosion Policy and Oversight, shall prepare and submit to
    the Committees on Armed Services of the Senate and the House of
    Representatives a report on corrosion control and prevention in weapons
    systems and equipment.
        (b) Matters Covered.--The report shall include the comments and
    recommendations of the Department of Defense regarding potential
    improvements in corrosion control and prevention through earlier
    planning. In particular, the report shall include an evaluation and
    business case analysis of options for improving corrosion control and
    prevention in the requirements and acquisition processes of the
    Department of Defense for weapons systems and equipment. The evaluation
    shall include an analysis of the impact of such potential improvements
    on system acquisition costs and life cycle sustainment. The options for
    improved corrosion control and prevention shall include corrosion
    control and prevention--
                (1) as a key performance parameter for assessing the
            selection of materials and processes;
                (2) as a key performance parameter for sustainment;
                (3) as part of the capability development document in the
            joint capabilities integration and development system; and
                (4) as a requirement for weapons systems managers to assess
            their corrosion control and prevention requirements over a
            system's life cycle and incorporate the results into their
            acquisition strategies prior to issuing a solicitation for
            contracts.
        (c) Deadline.--The report shall be submitted not later than 120
    days after the date of the enactment of this Act.
        (d) Review by Comptroller General.--The Comptroller General shall
    review the report required under subsection (a), including the
    methodology used in the Department's analysis, and shall provide the
    results of the review to the Committees on Armed Services of the Senate
    and the House of Representatives not later than 60 days after the
    Department submits the report.

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

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

    SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.

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

    SEC. 1044. REPORT ON NUCLEAR WEAPONS.

        (a) Findings.--Congress finds that--
                (1) numerous nuclear weapons are held in the arsenals of
            various countries around the world;
                (2) some of these weapons make attractive targets for theft
            and for use by terrorist organizations;
                (3) the United States should identify, track, and monitor
            these weapons as a matter of national security;
                (4) the United States should assess the security risks
            associated with existing stockpiles of nuclear weapons and
            should assess the risks of nuclear weapons being developed,
            acquired, or utilized by other countries, particularly rogue
            states, and by terrorists and other non-state actors; and
                (5) the United States should work cooperatively with other
            countries to improve the security of nuclear weapons and to
            promote multilateral reductions in the numbers of nuclear
            weapons.
        (b) Review.--The President, in consultation with the Secretary of
    Defense, the Secretary of State, the Secretary of Energy, and the
    Director of National Intelligence, shall conduct a review of nuclear
    weapons world-wide that includes--
                (1) an inventory of the nuclear arsenals of all countries
            that possess, or are believed to possess, nuclear weapons,
            which indicates, as accurately as possible, the nuclear weapons
            that are known, or are believed, to exist according to
            nationality, type, yield, and form of delivery, and an
            assessment of the methods that are currently employed to
            identify, track, and monitor nuclear weapons and their
            component materials;
                (2) an assessment of the risks associated with the
            deployment, transfer, and storage of nuclear weapons deemed to
            be attractive to terrorists, rogue states, and other state or
            non-state actors on account of their size or portability, or on
            account of their accessibility due to the manner of their
            deployment or storage; and
                (3) recommendations for--
                        (A) mechanisms and procedures to improve security
                    and safeguards for the nuclear weapons deemed to be
                    attractive to terrorists, rogue states, and other state
                    or non-state actors;
                        (B) mechanisms and procedures to improve the
                    ability of the United States to identify, track, and
                    monitor the nuclear weapons deemed to be attractive to
                    terrorists, rogue states, and other state or non-state
                    actors;
                        (C) mechanisms and procedures for implementing
                    transparent multilateral reductions in nuclear weapons
                    arsenals; and
                        (D) methods for consolidating, dismantling, and
                    disposing of the nuclear weapons in each country that
                    possesses, or is believed to possess, nuclear weapons,
                    including methods of monitoring and verifying
                    consolidation, dismantlement, and disposal.
        (c) Report.--
                (1) Report required.--Not later than one year after the
            date of the enactment of this Act, the President shall submit
            to Congress a report on the findings and recommendations of the
            review required under subsection (b).
                (2) Classification of report.--The report required under
            paragraph (1) shall be submitted in unclassified form, but it
            may be accompanied by a classified annex.

    SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE WITH GUAM TAX
                  AND LICENSING LAWS.

        Not later than 180 days after the date of the enactment of this
    Act, the Secretary of Defense, in consultation with the Secretary of
    the Navy and the Joint Guam Program Office, shall submit to the
    congressional defense committees a report on the steps that the
    Department of Defense is taking to ensure that contractors of the
    Department performing work on Guam comply with local tax and licensing
    requirements.

    SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ.

        (a) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    congressional defense committees a report on detention operations at
    theater internment facilities in Iraq.
        (b) Elements.--The report required by subsection (a) shall include
    each of the following:
                (1) A detailed description of how counterinsurgency
            doctrine has been incorporated at theater internment facilities
            in Iraq.
                (2) A detailed description of the policies and programs
            instituted to prepare detainees for reintegration following
            their release from detention in theater internment facilities
            in Iraq.
                (3) A description and assessment of the effects of changes
            in detention operations and reintegration programs at theater
            internment facilities in Iraq during the period beginning on
            January 1, 2007, and ending on the date of the completion of
            the report, including changes in levels of violence within
            internment facilities and in rates of recapture of detainees
            released from detention in internment facilities.
                (4) A description of--
                        (A) the lessons learned regarding detention
                    operations in a counterinsurgency operation, an
                    assessment of how such lessons could be applied to
                    detention operations elsewhere (including in
                    Afghanistan and at Guantanamo Bay, Cuba); and
                        (B) any efforts to integrate such lessons into
                    Department of Defense directives, joint doctrine,
                    mission rehearsal exercises for deploying forces, and
                    training for units involved in detention and
                    interrogation operations.
        (c) Form.--The report required under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.

    SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE DEPARTMENT
                  OF DEFENSE AND THE INTELLIGENCE COMMUNITY.

        (a) In General.--The Secretary of Defense and the Director of
    National Intelligence shall conduct a joint review of the bandwidth
    capacity requirements of the Department of Defense and the intelligence
    community in the near term, mid term, and long term.
        (b) Elements.--The review required by subsection (a) shall include
    an assessment of the following:
                (1) The current bandwidth capacities and capabilities of
            the Department of Defense and the intelligence community to
            transport data, including Government and commercial ground
            networks, airborne relays, and satellite systems.
                (2) The bandwidth capacities and capabilities anticipated
            to be available to the Department of Defense and the
            intelligence community to transport data in the near term, mid
            term, and long term.
                (3) Innovative technologies available to the Department of
            Defense and the intelligence community to increase data
            transport capacity of existing bandwidth (such as compression
            techniques or intelligent software agents) that can be applied
            in the near term, mid term, and long term.
                (4) The bandwidth and data requirements of current major
            operational systems of the Department of Defense and the
            intelligence community, including an assessment of--
                        (A) whether such requirements are being
                    appropriately met by the bandwidth capacities and
                    capabilities described in paragraph (1); and
                        (B) the degree to which any such requirements are
                    not being met by such bandwidth capacities and
                    capabilities.
                (5) The anticipated bandwidth and data requirements of
            major operational systems of the Department of Defense and the
            intelligence community planned for each of the near term, mid
            term, and long term, including an assessment of--
                        (A) whether such anticipated requirements will be
                    appropriately met by the bandwidth capacities and
                    capabilities described in paragraph (2); and
                        (B) the degree to which any such requirements are
                    not anticipated to be met by such bandwidth capacities
                    and capabilities.
                (6) Any mitigation concepts that could be used to satisfy
            any unmet bandwidth and data requirements.
                (7) The costs of meeting the bandwidth and data
            requirements described in paragraphs (4) and (5).
                (8) Any actions necessary to integrate or consolidate the
            information networks of the Department of Defense and the
            intelligence community.
        (c) Report.--Not later than one year after the date of the
    enactment of this Act, the Secretary of Defense and the Director of
    National Intelligence shall jointly submit to the congressional defense
    committees, the Select Committee on Intelligence of the Senate, and the
    Permanent Select Committee on Intelligence of the House of
    Representatives a report setting forth the results of the review
    required by subsection (a).
        (d) Formal Review Process for Bandwidth Requirements.--The
    Secretary of Defense and the Director of National Intelligence shall,
    as part of the Milestone B or Key Decision Point B approval process for
    any major defense acquisition program or major system acquisition
    program, establish a formal review process to ensure that--
                (1) the bandwidth requirements needed to support such
            program are or will be met; and
                (2) a determination will be made with respect to how to
            meet the bandwidth requirements for such program.
        (e) Definitions.--In this section:
                (1) Intelligence community.--The term ``intelligence
            community'' has the meaning given the term in section 3(4) of
            the National Security Act of 1947 (50 U.S.C. 401a(4)).
                (2) Long term.--The term ``long term'' means the five-year
            period beginning on the date that is 10 years after the date of
            the enactment of this Act.
                (3) Mid term.--The term ``mid term'' means the five-year
            period beginning on the date that is five years after the date
            of the enactment of this Act.
                (4) Near term.--The term ``near term'' means the five-year
            period beginning on the date of the enactment of this Act.

    SEC. 1048. REVIEW OF FINDINGS AND RECOMMENDATIONS APPLICABLE TO THE
                  DEPARTMENT OF DEFENSE REGARDING ELECTROMAGNETIC PULSE
                  ATTACK.

        (a) Review.--The Secretary of Defense shall conduct a review of the
    findings and recommendations applicable to the Department of Defense
    made in the reports of the Commission to Assess the Threat to the
    United States from Electromagnetic Pulse Attack established under title
    XIV of the Floyd D. Spence National Defense Authorization Act for
    Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat.
    165A-345).
        (b) Reports.--
                (1) In general.--The Secretary shall submit to the
            congressional defense committees a report on the review
            required by subsection (a) that shall include the following:
                        (A) A description of the findings and
                    recommendations described in that subsection that are
                    applicable to the Department of Defense.
                        (B) A plan for addressing the applicable findings
                    and implementing the applicable recommendations to the
                    extent practicable and feasible.
                        (C) If the Secretary determines that it is not
                    practicable or feasible to address an applicable
                    finding or implement an applicable recommendation, an
                    explanation clearly explaining each such determination.
                        (D) A description of the capabilities of the
                    Department of Defense needed to protect and recover
                    from an electromagnetic pulse attack.
                        (E) Any research and development needed to address
                    any applicable finding or recommendation to enable the
                    Department of Defense to implement such recommendations
                    in the future.
                        (F) A description of the plans and programs that
                    the Department of Defense has in place or plans to put
                    in place to address the threat from electromagnetic
                    pulse attack.
                        (G) A description of the organizational and
                    management structure that the Department of Defense has
                    in place or plans to have in place to address the
                    threat from an electromagnetic pulse attack.
                        (H) A description of any impediments to
                    implementing any applicable recommendations.
                (2) Submittal dates.--The report required by paragraph (1)
            shall be submitted not later than September 1 of each odd
            numbered year beginning in 2009 and ending in 2015.
                (3) Form of report.--The report required by paragraph (1)
            shall be submitted in unclassified form, but may include a
            classified annex.

                           Subtitle F--Other Matters

    SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF
                  INFORMATION REGARDING INFORMATION TECHNOLOGY CAPITAL
                  ASSETS.

        Section 351 of the Bob Stump National Defense Authorization Act for
    Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516; 10 U.S.C. 221
    note) is amended--
                (1) in subsection (a)--
                        (A) by striking paragraph (1);
                        (B) by redesignating paragraph (2) as paragraph
                    (1);
                        (C) in paragraph (1), as so redesignated, by
                    striking ``and an estimated total life cycle cost'' and
                    inserting ``or an estimated total cost''; and
                        (D) by adding at the end the following new
                    paragraph (2):
                ``(2) Information technology capital assets not covered by
            paragraph (1) that have been determined by the Chief
            Information Officer of the Department of Defense to be
            significant investments.'';
                (2) by striking subsection (b);
                (3) by redesignating subsection (c) as subsection (b);
                (4) in subsection (b), as so redesignated, by striking
            ``subsection (a)(2)'' and inserting ``subsection (a)(1)'';
                (5) by inserting after subsection (b) the following new
            subsection (c):
        ``(c) Required Information for Significant Investments.--With
    respect to each information technology capital asset not covered by
    paragraph (1) of subsection (a), but covered by paragraph (2) of that
    subsection, the Secretary of Defense shall include such information in
    a format that is appropriate to the current status of such asset.'';
    and
                (6) in subsection (d), by striking ``life cycle''.

    SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION ON ENEMY
                  PRISONERS OF WAR, RETAINED PERSONNEL, CIVILIAN INTERNEES,
                  AND OTHER DETAINEES.

        (a) Submission to Congress.--A successor regulation to Army
    Regulation 190-8 Enemy Prisoners of War, Retained Personnel, Civilian
    Internees and Other Detainees (dated October 1, 1997) may not be
    carried out or implemented until the date that is 60 days after the
    date on which the Secretary of Defense submits to the Committees on
    Armed Services of the Senate and House of Representatives such
    successor regulation.
        (b) Savings Clause.--Nothing in this section shall affect the
    continued effectiveness of Army Regulation 190-8 Enemy Prisoners of
    War, Retained Personnel, Civilian Internees and Other Detainees (dated
    October 1, 1997).

    SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.

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

    SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINATION AMONG THE
                  DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND THE
                  UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT ON
                  MATTERS OF NATIONAL SECURITY.

        (a) Establishment of Advisory Panel.--The Secretary of Defense, the
    Secretary of State, and the Administrator of the United States Agency
    for International Development (USAID) may jointly establish an advisory
    panel to advise, review, and make recommendations on ways to improve
    coordination among the Department of Defense, the Department of State,
    and the United States Agency for International Development on matters
    relating to national security, including reviewing their respective
    roles and responsibilities.
        (b) Membership.--
                (1) Composition.--The advisory panel shall be composed of
            12 members, of whom--
                        (A) three shall be appointed by the Secretary of
                    Defense, in consultation with the Secretary of State
                    and the Administrator;
                        (B) three shall be appointed by the Secretary of
                    Defense, with the advice of the Chairman of the Joint
                    Chiefs of Staff, and in consultation with the Secretary
                    of State and the Administrator;
                        (C) three shall be appointed by the Secretary of
                    State, in consultation with the Secretary of Defense
                    and the Administrator; and
                        (D) three shall be appointed by the Administrator,
                    in consultation with the Secretary of Defense and the
                    Secretary of State.
                (2) Chairman.--The Secretary of Defense, the Secretary of
            State, and the Administrator shall jointly designate one member
            as chairman.
                (3) Vice chairman.--The Secretary of Defense, the Secretary
            of State, and the Administrator shall jointly designate one
            member as vice chairman. The vice chairman may not be a member
            appointed to the advisory panel under paragraph (1) by the same
            Secretary or Administrator who appointed the member under such
            paragraph who is designated as the chairman under paragraph
            (2).
                (4) Expertise.--Members of the advisory panel shall be
            private citizens of the United States with national recognition
            and significant experience in the Federal Government, the Armed
            Forces, public administration, foreign affairs, or development.
                (5) Deadline for appointment.--All members of the advisory
            panel should be appointed not earlier than January 20, 2009,
            and not later than March 20, 2009.
                (6) Terms.--The term of each member of the advisory panel
            is for the life of the advisory panel.
                (7) Vacancies.--A vacancy in the advisory panel shall be
            filled not later than 30 days after such vacancy occurs and in
            the manner in which the original appointment was made.
                (8) Security clearances.--The appropriate departments or
            agencies of the Federal Government shall cooperate with the
            advisory panel in expeditiously providing to the members and
            staff of the advisory panel appropriate security clearances to
            the extent possible pursuant to existing procedures and
            requirements, except that no person shall be provided with
            access to classified information under this section without the
            appropriate security clearances.
                (9) Status.--A member of the advisory panel who is not
            otherwise employed by the Federal Government shall not be
            considered to be a Federal employee, except for the purposes of
            chapter 81 of title 5, United States Code, and chapter 171 of
            title 28, United States Code.
                (10) Expenses.--The members of the advisory panel shall be
            allowed travel expenses, including per diem in lieu of
            subsistence, at rates authorized for employees of agencies
            under subchapter I of chapter 57 of title 5, while away from
            their homes or regular places of business in the performance of
            services for the advisory panel.
        (c) Meetings and Procedures.--
                (1) Initial meeting.--The advisory panel shall conduct its
            first meeting not later than 30 days after the date that all
            appointments to the advisory panel have been made under
            subsection (b).
                (2) Meetings.--The advisory panel shall meet not less often
            than once every three months. The advisory panel may also meet
            at the call of the Secretary of Defense, the Secretary of
            State, or the Administrator.
                (3) Procedures.--The advisory panel shall carry out its
            duties under procedures established under subsection (d).
        (d) Support of Federally Funded Research and Development Center.--
    If the advisory panel is established under subsection (a), the
    Secretary of Defense, in consultation with the Secretary of State and
    the Administrator, shall, not later than 60 days after the date of the
    final appointment of the members of the advisory panel pursuant to
    subsection (b)(5), enter into a contract with a federally funded
    research and development center for the provision of administrative and
    logistical support and assistance to the advisory panel in carrying out
    its duties under this section. Such support and assistance shall
    include the establishment of the procedures of the advisory panel.
        (e) Duties of Panel.--The advisory panel shall--
                (1) analyze the roles and responsibilities of the
            Department of Defense, the Department of State, and the USAID
            regarding--
                        (A) stability operations;
                        (B) foreign assistance (including security
                    assistance); and
                        (C) other areas the Secretary of Defense, the
                    Secretary of State, and the Administrator jointly agree
                    are appropriate;
                (2) review--
                        (A) the structures and systems that coordinate
                    policy-making;
                        (B) the national security-related roles and
                    responsibilities of the Department of Defense, the
                    Department of State, USAID, and, as appropriate, other
                    relevant agencies to ensure effective coordination;
                        (C) the efforts of the Department of Defense, the
                    Department of State, USAID, and such other relevant
                    agencies to ensure that lessons learned and expertise
                    that is developed in carrying out programs related to
                    national security are shared among the departments and
                    agencies of the Federal Government, as appropriate; and
                        (D) the coordination of activities conducted abroad
                    and carried out by personnel of the Department of
                    Defense, Department of State, USAID, and such other
                    relevant agencies; and
                (3) provide advice and make recommendations for otherwise
            improving coordination between and among the Department of
            Defense, the Department of State and USAID on matters of
            national security.
        (f) Cooperation of Other Agencies.--Upon request by the advisory
    panel, any department or agency of the Federal Government shall provide
    information that the advisory panel considers necessary to carry out
    its duties.
        (g) Reports.--
                (1) Interim report.--Not later than 180 days after the
            first meeting of the advisory panel, the advisory panel shall
            submit to the Secretary of Defense, the Secretary of State, and
            the Administrator a report that identifies--
                        (A) aspects of the interagency structure and
                    processes relating to matters of national security that
                    should take priority in any effort to improve the
                    coordination among the Department of Defense, the
                    Department of State, and USAID; and
                        (B) methods to better coordinate the interagency
                    structure and processes relating to matters of national
                    security.
                (2) Annual reports.--Not later than December 31 of the year
            in which the interim report is submitted under paragraph (1),
            the advisory panel shall submit to the Secretary of Defense,
            the Secretary of State, and the Administrator a report on--
                        (A) the activities of the advisory panel;
                        (B) any deficiencies relating to coordination among
                    the Department of Defense, Department of States and
                    USAID and other relevant agencies on matters of
                    national security;
                        (C) any improvements made during the period covered
                    by the report to the coordination among the Department
                    of Defense, the Department of State, USAID, and other
                    relevant agencies on matters of national security;
                        (D) methods to better coordinate the interagency
                    structure and processes among the Department of
                    Defense, the Department of State, USAID, and other
                    relevant agencies on matters relating to national
                    security; and
                        (E) such findings, conclusions, and recommendations
                    as the advisory panel considers appropriate.
                (3) Submission of report to congress.--The Secretary of
            Defense, the Secretary of State, and the Administrator shall
            submit to the appropriate congressional committees the reports
            required under this subsection and any additional information
            considered appropriate.
                (4) Congressional briefings.--Not later than 30 days after
            the submission of each report required under this subsection,
            the members of the advisory panel shall make themselves
            available to meet with the appropriate congressional committees
            to brief such committees on the matters contained in the
            report.
                (5) Appropriate committees.--For the purposes of this
            subsection, the appropriate congressional committees are the
            following:
                        (A) The Committees on Foreign Affairs, Armed
                    Services, and Appropriations of the House of
                    Representatives.
                        (B) The Committees on Foreign Relations, Armed
                    Services, and Appropriations of the Senate.
        (h) Termination of Advisory Panel.--The advisory panel shall
    terminate on December 31, 2012.
        (i) Definitions.--In this section:
                (1) Administrator.--The term ``Administrator'' means the
            Administrator of the United States Agency for International
            Development.
                (2) Stability operations.--The term ``stability
            operations'' means stability and reconstruction operations
            conducted by departments or agencies of the Federal Government
            described by Department of Defense Directive 3000.05, National
            Security Presidential Directive 1, or National Security
            Presidential Directive 44.
                (3) Federal agency.--The term ``Federal agency'' means any
            entity included in chapter 1 of title 5, United States code.

    SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC DIPLOMACY
                  ACTIVITIES OF THE FEDERAL GOVERNMENT.

        (a) Report by President.--
                (1) Initial report.--Not later than December 31, 2009, the
            President shall submit to the appropriate committees of
            Congress a report on a comprehensive interagency strategy for
            public diplomacy and strategic communication of the Federal
            Government, including benchmarks and a timetable for achieving
            such benchmarks.
                (2) Elements of report.--The report required under
            paragraph (1) shall include the following elements:
                        (A) Strategy.--A comprehensive interagency
                    strategy, which shall include the following:
                                (i) Prioritizing the mission of supporting
                            specific foreign policy objectives, such as
                            counterterrorism and efforts to combat
                            extremist ideology, in parallel and in
                            complement with, as appropriate, the broad
                            mission of communicating the policies and
                            values of the United States to foreign
                            audiences.
                                (ii) Consolidating and elevating, as
                            appropriate, Federal Government leadership to
                            prioritize, manage, and implement the strategy
                            required by this subsection, including
                            consideration of whether to establish strategic
                            communication and public diplomacy positions at
                            the National Security Council and to establish
                            a single office to coordinate strategic
                            communication and public diplomacy efforts.
                                (iii) Improving coordination across
                            departments and agencies of the Federal
                            Government on strategic communications and
                            public diplomacy.
                                (iv) Consideration of whether resources
                            devoted to strategic communication and public
                            diplomacy efforts should be increased.
                        (B) Study.--A study of whether to establish an
                    independent, not-for-profit organization responsible
                    for providing independent assessment and strategic
                    guidance to the Federal Government on strategic
                    communication and public diplomacy, as recommended by
                    the Task Force on Strategic Communication of the
                    Defense Science Board.
                        (C) Roles of departments or agencies of the federal
                    government.--A description of the respective roles of
                    the National Security Council, the Department of
                    Defense, and the Department of State regarding
                    strategic communication and public diplomacy,
                    including--
                                (i) a description of the roles of the
                            offices within the National Security Council,
                            the Department of Defense, and the Department
                            of State engaged in message outreach to
                            audiences abroad; and
                                (ii) an explanation of how the National
                            Security Council, the Department of Defense,
                            and the Department of State coordinate
                            strategic communication and public diplomacy
                            activities.
                (3) Subsequent report.--Two years after the submission of
            the initial report under paragraph (1), the President shall
            submit to the appropriate committees of Congress a report on--
                        (A) the status of the implementation of the
                    strategy;
                        (B) progress toward achievement of benchmarks; and
                        (C) any changes to the strategy since the
                    submission of the initial report.
        (b) Report by Secretary of Defense.--Not later than December 31,
    2009, the Secretary of Defense shall review, and submit to the
    congressional defense committees a report on, the organizational
    structure within the Department of Defense for advising the Secretary
    on the direction and priorities for strategic communication activities,
    including an assessment of the option of establishing a board, composed
    of representatives from among the organizations within the Department
    responsible for strategic communications, public diplomacy, and public
    affairs, and including advisory members from the broader interagency
    community as appropriate, for purposes of--
                (1) providing strategic direction for Department of Defense
            efforts related to strategic communications and public
            diplomacy; and
                (2) setting priorities for the Department of Defense in the
            areas of strategic communications and public diplomacy.
        (c) Form and Availability of Reports.--
                (1) Form.--The reports required by this section may be
            submitted in a classified form.
                (2) Availability.--Any unclassified portions of the reports
            required by this section shall be made available to the public.
        (d) Appropriate Committees.--For the purposes of this section, the
    appropriate committees of Congress are the following:
                (1) The Committees on Foreign Relations, Armed Services,
            and Appropriations of the Senate.
                (2) The Committees on Foreign Affairs, Armed Services, and
            Appropriations of the House of Representatives.

    SEC. 1056. PROHIBITIONS RELATING TO PROPAGANDA.

        (a) Prohibition.--No part of any funds authorized to be
    appropriated in this or any other Act shall be used by the Department
    of Defense for publicity or propaganda purposes within the United
    States not otherwise specifically authorized by law.
        (b) Report.--Not later than 90 days after the date of the enactment
    of this Act, the Inspector General of the Department of Defense shall
    submit to Congress a report on the findings of their project number
    D2008-DIPOEF-0209.000, entitled ``Examination of Allegations Involving
    DoD Office of Public Affairs Outreach Program''.
        (c) Legal Opinion.--Not later than 120 days after the date of the
    enactment of this Act, the Comptroller General of the United States
    shall issue a legal opinion to Congress on whether the Department of
    Defense violated appropriations prohibitions on publicity or propaganda
    activities established in Public Laws 107-117, 107-248, 108-87, 108-
    287, 109-148, 109-289, and 110-116, the Department of Defense
    Appropriations Acts for fiscal years 2002 through 2008, respectively,
    by offering special access to prominent persons in the private sector
    who serve as media analysts, including briefings and information on war
    efforts, meetings with high level government officials, and trips to
    Iraq and Guantanamo Bay, Cuba.
        (d) Rule of Construction Related to Intelligence Activities.--
    Nothing in this section shall be construed to apply to any lawful and
    authorized intelligence activity of the United States Government.

    SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES BY
                  CONTRACTOR PERSONNEL.

        It is the sense of Congress that--
                (1) the interrogation of enemy prisoners of war, civilian
            internees, retained persons, other detainees, terrorists, and
            criminals when captured, transferred, confined, or detained
            during or in the aftermath of hostilities is an inherently
            governmental function and cannot appropriately be transferred
            to private sector contractors;
                (2) not later than one year after the date of the enactment
            of this Act, the Secretary of Defense should develop the
            resources needed to ensure that interrogations described in
            paragraph (1) can be conducted by government personnel and not
            by private sector contractors; and
                (3) properly trained and cleared contractors may
            appropriately be used as linguists, interpreters, report
            writers, information technology technicians, and other
            employees filling ancillary positions, if the private sector
            contractors are subject to the same rules, procedures,
            policies, and laws pertaining to detainee operations and
            interrogations that govern the execution of these positions by
            government personnel.

    SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR OTHERWISE
                  ELECTRONICALLY RECORDING STRATEGIC INTELLIGENCE
                  INTERROGATIONS OF PERSONS IN THE CUSTODY OF OR UNDER THE
                  EFFECTIVE CONTROL OF THE DEPARTMENT OF DEFENSE.

        (a) In General.--It is the sense of Congress that the Secretary of
    Defense should take such actions as are necessary to ensure that each
    strategic intelligence interrogation of any person who is in the
    custody or under the effective control of the Department of Defense or
    under detention in a Department of Defense facility is videotaped or
    otherwise electronically recorded.
        (b) Strategic Intelligence Interrogation Defined.--For purposes of
    this section, the term ``strategic intelligence interrogation'' means
    an interrogation of a person described in subsection (a) conducted at a
    theater-level detention facility.

    SEC. 1059. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED FOR ENTRY
                  TO MILITARY INSTALLATIONS IN THE UNITED STATES.

        Section 1069(c) of the National Defense Authorization Act of Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 327) is amended--
                (1) in paragraph (1)--
                        (A) by striking ``July 1, 2008'' and inserting
                    ``February 1, 2009''; and
                        (B) by striking ``January 1, 2009'' and inserting
                    ``October 1, 2010''; and
                (2) in paragraph (2), by striking ``implemented'' and
            inserting ``developed''.

    SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL COMMISSION ON
                  THE STRATEGIC POSTURE OF THE UNITED STATES.

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

    SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS.

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

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

    ``667. Issue of Serviceable Material Other Than to Armed        7911''.
                                Forces.
        (b) National Defense Authorization Act for Fiscal Year 2008.--
    Effective as of January 28, 2008, and as if included therein as
    enacted, the National Defense Authorization Act for Fiscal Year 2008
    (Public Law 110-181) is amended as follows:
                (1) Section 371(c) (122 Stat. 80) is amended by striking
            ```operational strategies''' and inserting ```operational
            systems'''.
                (2) Section 585(b)(3)(C) (122 Stat. 132) is amended by
            inserting ``both places it appears'' before the period at the
            end.
                (3) Section 703(b) (122 Stat. 103) is amended by striking
            ``as amended by'' and inserting ``as inserted by''.
                (4) Section 805(a) (122 Stat. 212) is amended by striking
            ``Act ,'' and inserting ``Act,''.
                (5) Section 883(b) (122 Stat. 264) is amended by striking
            ``Section 832(c)(1) of such Act, as redesignated by subsection
            (a), is amend by'' and inserting ``Section 832(b)(1) of such
            Act is amended by''.
                (6) Section 890(d)(2) (122 Stat. 270) is amended by
            striking ``sections'' and inserting ``parts''.
                (7) Section 904(a)(4) (122 Stat. 274) is amended by
            striking ``131(b)(2)'' and inserting ``131(b)''.
                (8) Section 954(a)(3)(B) (122 Stat. 294) is amended by
            inserting ``, as redesignated by section 524(a)(1)(A),'' after
            ``of such title''.
                (9) Section 954(b)(2) (122 Stat. 294) is amended--
                        (A) by striking ``2114(e) of such title'' and
                    inserting ``2114(f) of such title, as redesignated by
                    section 524(a)(1)(A),''; and
                        (B) by striking the period at the end and inserting
                    ``and inserting `President'.''.
                (10) Section 1063(d)(1) (122 Stat. 323) is amended by
            striking ``a semicolon after `subsection''' and inserting ``a
            comma after `subsection'''.
                (11) Section 1229(i)(3) (122 Stat. 383) is amended by
            striking ``publically'' and inserting ``publicly''.
                (12) Section 1422(e)(2) (122 Stat. 422) is amended by
            striking ``subsection (c)'' and inserting ``subsection
            (c)(1)''.
                (13) Section 1602(4) (122 Stat. 432) is amended by striking
            ``section 411 h(b)'' and inserting ``section 411h(b)(1)''.
                (14) Section 1617(b) (122 Stat. 449) is amended by striking
            ``by adding at the end'' and inserting ``by inserting after the
            item relating to section 1074k''.
                (15) Section 2106 (122 Stat. 508) is amended by striking
            ``for 2007'' both places it appears and inserting ``for Fiscal
            Year 2007''.
                (16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by
            striking ```Secretary of the Army''' and inserting ```Secretary
            of Army'''.
        (c) Title 31, United States Code.--Title 31, United States Code, is
    amended as follows:
                (1) Chapter 35 is amended by striking the first section
            3557.
                (2) The second section 3557 is amended in the section
            heading by striking ``Public-Private'' and inserting ``public-
            private''.
                (3) The table of sections at the beginning of chapter 35 is
            amended by striking the second item relating to section 3557.
        (d) Title 28, United States Code.--Section 1491(b) of title 28,
    United States Code, is amended by striking the first paragraph (5).
        (e) Ronald W. Reagan National Defense Authorization Act for Fiscal
    Year 2005.--Section 721(e) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    1988; 10 U.S.C. 1092 note) is amended by striking ``fiscal years 2005''
    and all that follows through ``2010'' and inserting ``fiscal years 2005
    through 2010''.

    SEC. 1062. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH RESPECT TO
                  CERTAIN NONPROLIFERATION AND PROLIFERATION ACTIVITIES.

        (a) Notification With Respect to Nonproliferation Activities.--The
    Secretary of Defense, the Secretary of Energy, the Secretary of
    Commerce, the Secretary of State, and the Nuclear Regulatory Commission
    shall keep the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives informed
    with respect to--
                (1) any activities undertaken by any such Secretary or the
            Commission to carry out the purposes and policies of the
            Secretaries and the Commission with respect to nonproliferation
            programs; and
                (2) any other activities undertaken by any such Secretary
            or the Commission to prevent the proliferation of nuclear,
            chemical, or biological weapons or the means of delivery of
            such weapons.
        (b) Notification With Respect to Proliferation Activities in
    Foreign Nations.--
                (1) In general.--The Director of National Intelligence
            shall keep the Committee on Armed Services of the Senate and
            the Committee on Armed Services of the House of Representatives
            fully and currently informed with respect to any activities of
            foreign nations that are significant with respect to the
            proliferation of nuclear, chemical, or biological weapons or
            the means of delivery of such weapons.
                (2) Fully and currently informed defined.--For purposes of
            paragraph (1), the term ``fully and currently informed'' means
            the transmittal of credible information with respect to an
            activity described in such paragraph not later than 60 days
            after becoming aware of the activity.

    SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED CENTER FOR
                  NORTH AMERICAN AEROSPACE DEFENSE COMMAND AND UNITED
                  STATES NORTHERN COMMAND.

        (a) Assessment Required.--The Secretary of Defense shall conduct an
    assessment of the adequacy of security measures for the consolidated
    command center for North American Aerospace Defense Command and United
    States Northern Command at Peterson Air Force Base, Colorado.
        (b) Elements.--The assessment required in paragraph (a) shall
    include the following:
                (1) A description of the security measures taken and
            planned for the consolidated command center as of October 1,
            2008.
                (2) An assessment of whether existing and planned security
            measures for the consolidated command center are adequate to
            provide the necessary level of protection.
                (3) An estimate of the total costs associated with such
            security measures adequate to provide the necessary level of
            protection.
        (c) Report Required.--Not later than March 1, 2009, the Secretary
    of Defense shall submit to the congressional defense committees a
    report containing the results of the assessment required in subsection
    (a).
        (d) Additional Requirement.--The Secretary of Defense shall ensure
    that redundant facilities and equipment, along with the appropriate
    manning necessary to ensure the continuity of operations, are
    maintained at Cheyenne Mountain Air Force Station until the Secretary
    certifies that security measures have been instituted that bring the
    consolidated command center for North American Aerospace Defense
    Command and United States Northern Command into full compliance with
    Protection Level One requirements, as defined by Air Force Instruction
    31-101, dated March 1, 2007.

                      TITLE XI--CIVILIAN PERSONNEL MATTERS

    Sec. 1101. Authority to waive annual limitation on premium pay and
                                aggregate limitation on pay for Federal
                                civilian   employees working overseas.
    Sec. 1102. Temporary discretionary authority to grant allowances,
                                benefits, and gratuities to personnel on
                                official duty in a combat zone.
    Sec. 1103. Election of insurance coverage by Federal civilian employees
                                deployed in support of a contingency
                                operation.
    Sec. 1104. Extension of authority to make lump-sum severance payments.
    Sec. 1105. Extension of voluntary reduction-in-force authority of
                                Department of Defense.
    Sec. 1106. Enhancement of authorities relating to additional positions
                                under the national security personnel
                                system.
    Sec. 1107. Expedited hiring authority for health care professionals.
    Sec. 1108. Direct hire authority at personnel demonstration
                                laboratories for certain candidates.
    Sec. 1109. Status reports relating to laboratory personnel
                                demonstration projects.
    Sec. 1110. Technical amendment relating to definition of professional
                                accounting position for purposes of
                                certification and credentialing standards.
    Sec. 1111. Exceptions and adjustments to limitations on personnel and
                                reports on such exceptions and adjustments.

    SEC. 1101. AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND
                  AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN
                  EMPLOYEES WORKING OVERSEAS.

        (a) Waiver Authority.--During calendar year 2009, and
    notwithstanding section 5547 of title 5, United States Code, the head
    of an Executive agency may waive the premium pay limitations
    established in that section up to the annual rate of salary payable to
    the Vice President under section 104 of title 3, United States Code,
    for an employee who performs work while in an overseas location that is
    in the area of responsibility of the Commander of the United States
    Central Command, or an overseas location that was formerly in the area
    of responsibility of the Commander of the United States Central Command
    but has been moved to the area of responsibility of the Commander of
    the United States Africa Command, in direct support of, or directly
    related to--
                (1) a military operation, including a contingency
            operation; or
                (2) an operation in response to a national emergency
            declared by the President.
        (b) Applicability of Aggregate Limitation on Pay.--Section 5307 of
    title 5, United States Code, shall not apply to any employee in any
    calendar year in which that employee is granted a waiver under
    subsection (a).
        (c) Additional Pay Not Considered Basic Pay.--To the extent that a
    waiver under subsection (a) results in payment of additional premium
    pay of a type that is normally creditable as basic pay for retirement
    or any other purpose, such additional pay shall not be considered to be
    basic pay for any purpose, nor shall it be used in computing a lump-sum
    payment for accumulated and accrued annual leave under section 5551 of
    title 5, United States Code.
        (d) Regulations.--The Director of the Office of Personnel
    Management may issue regulations to ensure appropriate consistency
    among heads of executive agencies in the exercise of authority granted
    by this section.

    SEC. 1102. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES,
                  BENEFITS, AND GRATUITIES TO PERSONNEL ON OFFICIAL DUTY IN
                  A COMBAT ZONE.

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

    SEC. 1103. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN EMPLOYEES
                  DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

        (a) Automatic Coverage.--Section 8702(c) of title 5, United States
    Code, is amended--
                (1) by inserting ``an employee who is deployed in support
            of a contingency operation (as that term is defined in section
            101(a)(13) of title 10) or'' after ``subsection (b),''; and
                (2) by striking ``the date of the'' and inserting ``the
            date of notification of deployment or''.
        (b) Optional Insurance.--Section 8714a(b) of such title is
    amended--
                (1) by designating the text as paragraph (2); and
                (2) by inserting before paragraph (2), as so designated,
            the following new paragraph (1):
        ``(1) An employee who is deployed in support of a contingency
    operation (as that term is defined in section 101(a)(13) of title 10)
    or an employee of the Department of Defense who is designated as
    emergency essential under section 1580 of title 10 shall be insured
    under the policy of insurance under this section if the employee,
    within 60 days after the date of notification of deployment or
    designation, elects to be insured under the policy of insurance. An
    election under this paragraph shall be effective when provided to the
    Office in writing, in the form prescribed by the Office, within such
    60-day period.''.
        (c) Additional Optional Life Insurance.--Section 8714b(b) of such
    title is amended--
                (1) by designating the text as paragraph (2); and
                (2) by inserting before paragraph (2), as so designated,
            the following new paragraph (1):
        ``(1) An employee who is deployed in support of a contingency
    operation (as that term is defined in section 101(a)(13) of title 10)
    or an employee of the Department of Defense who is designated as
    emergency essential under section 1580 of title 10 shall be insured
    under the policy of insurance under this section if the employee,
    within 60 days after the date of notification of deployment or
    designation, elects to be insured under the policy of insurance. An
    election under this paragraph shall be effective when provided to the
    Office in writing, in the form prescribed by the Office, within such
    60-day period.''.

    SEC. 1104. 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. 1105. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE AUTHORITY OF
                  DEPARTMENT OF DEFENSE.

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

    SEC. 1106. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL POSITIONS
                  UNDER THE NATIONAL SECURITY PERSONNEL SYSTEM.

        Section 9902(i) of title 5, United States Code, is amended--
                (1) in paragraph (1), by striking ``the requirements of
            chapter 71 and the limitations in subsection (b)(3)'' and
            inserting ``the requirements and limitations in paragraph
            (3)''; and
                (2) by striking the period at the end of paragraph (2) and
            inserting ``, in a manner comparable to that in which such
            provisions are applied under chapter 33.
                ``(3) Any action taken by the Secretary pursuant to the
            authority of this subsection shall be subject to--
                        ``(A) the requirements of chapter 71; and
                        ``(B) the limitations in subsection (b)(3), except
                    that the requirements of chapter 33 may be waived to
                    the extent necessary to achieve the purposes of this
                    subsection.''.

    SEC. 1107. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE PROFESSIONALS.

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

    SEC. 1108. DIRECT HIRE AUTHORITY AT PERSONNEL DEMONSTRATION
                  LABORATORIES FOR CERTAIN CANDIDATES.

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

    SEC. 1109. STATUS REPORTS RELATING TO LABORATORY PERSONNEL
                  DEMONSTRATION PROJECTS.

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

    SEC. 1110. TECHNICAL AMENDMENT RELATING TO DEFINITION OF PROFESSIONAL
                  ACCOUNTING POSITION FOR PURPOSES OF CERTIFICATION AND
                  CREDENTIALING STANDARDS.

        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''.

    SEC. 1111. EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON PERSONNEL AND
                  REPORTS ON SUCH EXCEPTIONS AND ADJUSTMENTS.

        (a) Exception to Limitations on Personnel.--For fiscal year 2009
    and fiscal years thereafter, the baseline personnel limitations in
    sections 143, 194, 3014, 5014, and 8014 of title 10, United States Code
    (as adjusted pursuant to subsection (b)), shall not apply to--
                (1) acquisition personnel hired pursuant to the expedited
            hiring authority provided in section 1705(h) of title 10,
            United States Code, as amended by section 821 of this Act, or
            otherwise hired with funds in the Department of Defense
            Acquisition Workforce Development Fund established in
            accordance with section 1705(a) of such title; or
                (2) personnel hired pursuant to a shortage category
            designation by the Secretary of Defense or the Director of the
            Office of Personnel Management.
        (b) Authority to Adjust Limitations on Personnel.--For fiscal year
    2009 and for four fiscal years thereafter, the Secretary of Defense or
    a secretary of a military department may adjust the baseline personnel
    limitations in sections 143, 194, 3014, 5014 and 8014 of title 10,
    United States Code, to--
                (1) fill a gap in the civilian workforce of the Department
            of Defense identified by the Secretary of Defense in a
            strategic human capital plan submitted to Congress in
            accordance with the requirements of--
                        (A) section 1122 of the National Defense
                    Authorization Act for Fiscal Year 2006 (Public Law 109-
                    163; 10 U.S.C. prec. 1580 note);
                        (B) section 1102 of the John Warner National
                    Defense Authorization Act for Fiscal Year 2007 (Public
                    Law 109-364; 120 Stat. 2407); or
                        (C) section 851 of the National Defense
                    Authorization Act for Fiscal Year 2008 (Public Law 110-
                    181; 10 U.S.C. note prec. 1580); or
                (2) accommodate increases in workload or modify the type of
            personnel required to accomplish work, for any purpose
            described in paragraphs (1) through (4) of subsection (c).
        (c) Limitation on Authority to Adjust Limitations on Personnel.--
    The Secretary of Defense or the secretary of a military department may
    not increase a baseline personnel limitation under paragraph (2) of
    subsection (b) by more than 5 percent in a fiscal year. An increase in
    a baseline personnel limitation under such paragraph may be made for
    any of the following purposes:
                (1) Performance of inherently governmental functions.
                (2) Performance of work pursuant to section 2463 of title
            10 United States Code.
                (3) Ability to maintain sufficient organic expertise and
            technical capability.
                (4) Performance of work that, while the position may not
            exercise an inherently governmental function, nevertheless
            should be performed only by officers or employees of the
            Federal Government or members of the Armed Forces because of
            the critical nature of the work.
        (d) Report Required.--The Secretary of Defense shall submit a
    report to the congressional defense committees on the implementation of
    this section at the same time that the defense budget materials for
    each of the four fiscal years after fiscal year 2009 are presented to
    Congress. The report shall include the following information regarding
    the implementation of this section during the preceding fiscal year:
                (1) The average number of military personnel, civilian
            employees of the Department of Defense, and contractor
            employees assigned to or detailed to permanent duty in--
                        (A) the Office of the Secretary of Defense;
                        (B) the management headquarters activities and
                    management headquarters support activities in the
                    Defense Agencies and Department of Defense Field
                    Activities;
                        (C) the Office of the Secretary of the Army and the
                    Army Staff;
                        (D) the Office of the Secretary of the Navy, the
                    Office of Chief of Naval Operations, and the
                    Headquarters, Marine Corps; and
                        (E) the Office of the Secretary of the Air Force
                    and the Air Staff.
                (2) An estimate of the number of personnel hired pursuant
            to an exception in subsection (a) in each office described in
            subparagraphs (A) through (E) of paragraph (1).
                (3) The amount of any adjustment in the limitation on
            personnel made by the Secretary of Defense or the secretary of
            a military department, and, for each adjustment made pursuant
            to subsection (b)(2), the purpose of the adjustment.

                 TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                      Subtitle A--Assistance and Training

    Sec. 1201. Extension of authority to build the capacity of the Pakistan
                                Frontier Corps.
    Sec. 1202. Availability across fiscal years of funds for military-to-
                                military contacts and comparable
                                activities.
    Sec. 1203. Availability across fiscal years of funds to pay incremental
                                expenses for participation of developing
                                countries in combined exercises.
    Sec. 1204. Extension of temporary authority to use acquisition and
                                cross-servicing agreements to lend military
                                equipment for personnel protection and
                                survivability.
    Sec. 1205. Authority for distribution to certain foreign personnel of
                                education and training materials and
                                information technology to enhance military
                                interoperability with the Armed Forces.
    Sec. 1206. Modification and extension of authorities relating to
                                program to build the capacity of foreign
                                military forces.
    Sec. 1207. Extension of authority and increased funding for security
                                and stabilization assistance.
    Sec. 1208. Extension and expansion of authority for support of special
                                operations to combat terrorism.
    Sec. 1209. Increase in amount available for costs of education and
                                training of foreign military forces under
                                Regional Defense Combating Terrorism
                                Fellowship Program.

              Subtitle B--Matters Relating to Iraq and Afghanistan

    Sec. 1211. Limitation on availability of funds for certain purposes
                                relating to Iraq.
    Sec. 1212. Report on status of forces agreements between the United
                                States and Iraq.
    Sec. 1213. Strategy for United States-led Provincial Reconstruction
                                Teams in Iraq.
    Sec. 1214. Commanders' Emergency Response Program.
    Sec. 1215. Performance monitoring system for United States-led
                                Provincial Reconstruction Teams in
                                Afghanistan.
    Sec. 1216. Report on command and control structure for military forces
                                operating in Afghanistan.
    Sec. 1217. Reports on enhancing security and stability in the region
                                along the border of Afghanistan and
                                Pakistan.
    Sec. 1218. Study and report on Police Transition Teams to train,
                                assist, and advise units of the Iraqi
                                Police Service.

                           Subtitle C--Other Matters

    Sec. 1231. Payment of personnel expenses for multilateral cooperation
                                programs.
    Sec. 1232. Participation of the Department of Defense in multinational
                                military centers of excellence.
    Sec. 1233. Review of security risks of participation by defense
                                contractors in certain space activities of
                                the People's Republic of China.
    Sec. 1234. Report on Iran's capability to produce nuclear weapons.
    Sec. 1235. Employment for resettled Iraqis.
    Sec. 1236. Extension and modification of updates on report on claims
                                relating to the bombing of the Labelle
                                Discotheque.
    Sec. 1237. Report on utilization of certain global partnership
                                authorities.
    Sec. 1238. Modification and repeal of requirement to submit certain
                                annual reports to Congress regarding allied
                                contributions to the common defense.

                      Subtitle A--Assistance and Training

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

        (a) Authority.--Subsection (a) of section 1206 of the National
    Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
    Stat. 366) is amended by striking ``during fiscal year 2008'' and
    inserting ``during fiscal years 2008 and 2009''.
        (b) Funding Limitation.--Subsection (c)(1) of such section is
    amended by inserting after ``fiscal year 2008'' the following: ``and up
    to $25,000,000 of funds available to the Department of Defense for
    operation and maintenance for fiscal year 2009''.

    SEC. 1202. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR MILITARY-TO-
                  MILITARY CONTACTS AND COMPARABLE ACTIVITIES.

        (a) In General.--Section 168(e) of title 10, United States Code, is
    amended by adding at the end the following new paragraph:
        ``(5) Funds available to carry out this section shall be available,
    to the extent provided in appropriations Acts, for programs or
    activities under this section that begin in a fiscal year and end in
    the following fiscal year.''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    take effect on October 1, 2008, and shall apply with respect to
    programs and activities under section 168 of title 10, United States
    Code, as so amended, that begin on or after that date.

    SEC. 1203. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS TO PAY INCREMENTAL
                  EXPENSES FOR PARTICIPATION OF DEVELOPING COUNTRIES IN
                  COMBINED EXERCISES.

        (a) In General.-- Section 2010 of title 10, United States Code, is
    amended--
                (1) by redesignating subsection (d) as subsection (e); and
                (2) by inserting after subsection (c) the following new
            subsection:
        ``(d) Funds available to carry out this section shall be available,
    to the extent provided in appropriations Acts, for bilateral or
    multilateral military exercises that begin in a fiscal year and end in
    the following fiscal year.''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect on October 1, 2008, and shall apply with respect to
    bilateral and multilateral military exercises described in section 2010
    of title 10, United States Code, as so amended, that begin on or after
    that date.

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

        (a) Semiannual Reports to Congressional Committees.--Subsection
    (b)(3) of section 1202 of the John Warner National Defense
    Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
    2412) is amended by adding at the end the following new subparagraph:
                        ``(E) With respect to equipment provided to each
                    foreign force that is not returned to the United
                    States, a description of the terms of disposition of
                    the equipment to the foreign force.
                        ``(F) The percentage of equipment provided to
                    foreign forces under the authority of this section that
                    is not returned to the United States.''.
        (b) Expiration.--Subsection (e) of such section, as amended by
    section 1252(b) of National Defense Authorization Act for Fiscal Year
    2008 (Public Law 110-181; 122 Stat. 402), is further amended by
    striking ``September 30, 2009'' and inserting ``September 30, 2011''.

    SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL OF
                  EDUCATION AND TRAINING MATERIALS AND INFORMATION
                  TECHNOLOGY TO ENHANCE MILITARY INTEROPERABILITY WITH THE
                  ARMED FORCES.

        (a) Authority for Distribution.--
                (1) In general.--Subchapter I of chapter 134 of title 10,
            United States Code, is amended by adding at the end the
            following new section:
    ``Sec. 2249d. Distribution to certain foreign personnel of education
                  and training materials and information technology to
                  enhance military interoperability with the armed forces
        ``(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)
            electronically-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) Guidance on Utilization of Authority.--
                ``(1) Guidance required.--The Secretary of Defense shall
            develop and issue guidance on the procedures for the use of the
            authority in this section.
                ``(2) Modification.--If the Secretary modifies the guidance
            issued under paragraph (1), the Secretary shall submit to the
            appropriate committees of Congress 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
            each fiscal year in which the authority in this section is
            used, the Secretary of Defense shall submit to the appropriate
            committees of Congress a report on the exercise of the
            authority during such 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.
        ``(g) Appropriate Committees of Congress Defined.--In this section,
    the term `appropriate committees of Congress' means--
                ``(1) the Committee on Armed Services and the Committee on
            Foreign Relations of the Senate; and
                ``(2) the Committee on Armed Services and the Committee on
            Foreign Affairs of the House of Representatives.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of subchapter I of chapter 134 of such title is
            amended by adding at the end the following new item:

    ``2249d. Distribution to certain foreign personnel of education and
                                training materials and information
                                technology to enhance military
                                interoperability with the armed forces.''.
        (b) Guidance on Utilization of Authority.--
                (1) Submittal to congress.--Not later than 30 days after
            issuing the guidance required by section 2249d(e) of title 10,
            United States Code, as added by subsection (a), the Secretary
            of Defense shall submit to the Committees on Armed Services of
            the Senate and the House of Representatives a report setting
            forth such guidance.
                (2) Utilization of similar guidance.--In developing the
            guidance required by section 2249d(e) of title 10, United
            States Code, as so added, the Secretary may utilize applicable
            portions of the current guidance developed by the Secretary
            under subsection (f) of section 1207 of the John Warner
            National Defense Authorization Act for Fiscal Year 2007 (Public
            Law 109-364; 120 Stat. 2419) for purposes of the exercise of
            the authority in such section 1207.
        (c) Repeal of Superseded Authority.--
                (1) In general.--Section 1207 of the John Warner National
            Defense Authorization Act for Fiscal Year 2007 is repealed.
                (2) Submittal of final report on exercise of authority.--If
            the Secretary of Defense exercised the authority in section
            1207 of the John Warner National Defense Authorization Act for
            Fiscal Year 2007 during fiscal year 2008, the Secretary shall
            submit the report required by subsection (g) of such section
            for such fiscal year in accordance with the provisions of such
            subsection (g) without regard to the repeal of such section
            under paragraph (1).
        (d) Effective Date.--This section and the amendments made by this
    section shall take effect on October 1, 2008.

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

        (a) Building of Capacity of Additional Foreign Forces.--Subsection
    (a) of section 1206 of the National Defense Authorization Act for
    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by
    section 1206 of the John Warner National Defense Authorization Act for
    Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418), is further
    amended by striking ``a program'' and all that follows and inserting
    ``a program or programs as follows:
                ``(1) To build the capacity of a foreign country's national
            military forces in order for that country to--
                        ``(A) conduct counterterrorism operations; or
                        ``(B) participate in or support military and
                    stability operations in which the United States Armed
                    Forces are participating.
                ``(2) To build the capacity of a foreign country's maritime
            security forces to conduct counterterrorism operations.''.
        (b) Funding.--Subsection (c) of such section, as so amended, is
    further amended--
                (1) in paragraph (1), by striking ``$300,000,000'' and
            inserting ``$350,000,000''; and
                (2) by adding at the end the following new paragraph:
                ``(4) Availability of funds for activities across fiscal
            years.--Amounts available under this subsection for the
            authority in subsection (a) for a fiscal year may be used for
            programs under that authority that begin in such fiscal year
            but end in the next fiscal year.''.
        (c) Three-Year Extension of Authority.--Subsection (g) of such
    section, as so amended, is further amended--
                (1) by striking ``September 30, 2008'' and inserting
            ``September 30, 2011''; and
                (2) by striking ``fiscal year 2006, 2007, or 2008'' and
            inserting ``fiscal years 2006 through 2011''.
        (d) Effective Date.--The amendment made by subsection (b)(2) shall
    take effect on October 1, 2008, and shall apply with respect to
    programs under the authority in subsection (a) of section 1206 of the
    National Defense Authorization Act for Fiscal Year 2006, as so amended,
    that begin on or after that date.

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

        (a) Prohibition on Budget Support.--Subsection (a) of section 1207
    of the National Defense Authorization Act for Fiscal Year 2006 (Public
    Law 109-163; 119 Stat. 3458) is amended--
                (1) by striking ``The Secretary of Defense'' and inserting
            the following:
                ``(1) In general.--The Secretary of Defense''; and
                (2) by adding at the end the following new paragraph:
                ``(2) Prohibition on budget support.--Nothing in this
            section shall be construed to authorize the provision of budget
            support to any foreign country.''.
        (b) Assistance to Georgia During Fiscal Year 2009.--Subsection (b)
    of such section is amended--
                (1) by striking ``The aggregate value'' and inserting the
            following:
                ``(1) In general.--Except as provided in paragraph (2), the
            aggregate value''; and
                (2) by adding at the end the following new paragraph:
                ``(2) Assistance to georgia during fiscal year 2009.--
                        ``(A) In general.--The Secretary of Defense is
                    authorized during fiscal year 2009 to exercise the
                    authority of subsection (a) to provide services to, and
                    transfer defense articles and funds to, the Secretary
                    of State for the purposes of facilitating the provision
                    by the Secretary of State of reconstruction, security,
                    or stabilization assistance to the country of Georgia.
                        ``(B) Limitation.--The aggregate value of all
                    services, defense articles, and funds provided or
                    transferred to the Secretary of State under this
                    section for Georgia in fiscal year 2009--
                                ``(i) may not exceed $50,000,000; and
                                ``(ii) shall not count against the dollar
                            amount limitation specified in paragraph (1)
                            for such fiscal year.''.
        (c) Extension of Authority.--Subsection (g) of such section, as
    amended by section 1210(b) of the National Defense Authorization Act
    for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 369), is further
    amended by striking ``September 30, 2008'' and inserting ``September
    30, 2009''.
        (d) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2008.

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

        (a) In General.--Subsection (a) of section 1208 of the Ronald W.
    Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
    Law 108-375; 118 Stat. 2086) is amended--
                (1) by inserting ``, with the concurrence of the relevant
            Chief of Mission,'' after ``may''; and
                (2) by striking ``$25,000,000'' and inserting
            ``$35,000,000''.
        (b) Timing of Notice on Provision of Support.--Subsection (c) of
    such section is amended by striking ``in not less than 48 hours'' and
    inserting ``within 48 hours''.
        (c) Extension.--Subsection (h) of such section, as amended by
    section 1202(c) of the National Defense Authorization Act for Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 364), is further amended by
    striking ``2010'' and inserting ``2013''.
        (d) Technical Amendment.--The heading of such section is amended by
    striking ``military operations'' and inserting ``special operations''.
        (e) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2008.

    SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF EDUCATION AND
                  TRAINING OF FOREIGN MILITARY FORCES UNDER REGIONAL
                  DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM.

        (a) Increase in Amount.--Section 2249c(b) of title 10, United
    States Code, is amended by striking ``$25,000,000'' and inserting
    ``$35,000,000''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    take effect on October 1, 2008, and shall apply with respect to fiscal
    years beginning on or after that date.

              Subtitle B--Matters Relating to Iraq and Afghanistan

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

        No funds appropriated pursuant to an authorization of
    appropriations in this Act may be obligated or expended for a purpose
    as follows:
                (1) To establish any military installation or base for the
            purpose of providing for the permanent stationing of United
            States Armed Forces in Iraq.
                (2) To exercise United States control of the oil resources
            of Iraq.

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

        (a) Requirement for Report.--
                (1) In general.--(A) Not later than 90 days after the date
            of the enactment of this Act, the President shall transmit to
            the appropriate congressional committees a report on any
            agreement that has been completed between the United States and
            Iraq relating to--
                        (i) the legal status of United States military
                    personnel, civilian personnel, and contractor personnel
                    of contracts awarded by any department or agency of the
                    United States Government;
                        (ii) the establishment of or access to military
                    bases;
                        (iii) the rules of engagement under which United
                    States Armed Forces operate in Iraq; and
                        (iv) any security commitment, arrangement, or
                    assurance that obligates the United States to respond
                    to internal or external threats against Iraq.
                (B) If, on the date that is 90 days after the date of the
            enactment of this Act, no agreement between the United States
            and Iraq described in subparagraph (A) has been completed, the
            President shall notify the appropriate congressional committees
            that no such agreement has been completed, and shall transmit
            to the appropriate congressional committees the report required
            under subparagraph (A) as soon as practicable after such an
            agreement or agreements are completed.
                (2) Update of report.--The President shall transmit to the
            appropriate congressional committees an update of the report
            required under paragraph (1) whenever an agreement between the
            United States and Iraq relating to the matters described in the
            report is substantially revised.
        (b) Matters to Be Included.--The report required under subsection
    (a) shall include, with respect to each agreement described in
    subsection (a), the following:
                (1) A description of any conditions placed on United States
            combat operations by the Government of Iraq, including required
            coordination, if any, before such operations can be undertaken.
                (2) A description of any constraints placed on United
            States military personnel, civilian personnel, and contractor
            personnel of contracts awarded by any department or agency of
            the United States Government as a result of such conditions.
                (3) A description of the conditions under which United
            States military personnel, civilian personnel, or contractor
            personnel of contracts awarded by any department or agency of
            the United States Government could be tried by an Iraqi court
            for alleged crimes occurring both during the performance of
            official duties and during other such times, and the
            protections that such personnel would be extended in an Iraqi
            court, if applicable.
                (4) An assessment of authorities under the agreement for
            United States Armed Forces and Coalition partners to apprehend,
            detain, and interrogate prisoners and otherwise collect
            intelligence.
                (5) A description of any security commitment, arrangement,
            or assurance that obligates the United States to respond to
            internal or external threats against Iraq, including the manner
            in which such commitment, arrangement, or assurance may be
            implemented.
                (6) An assessment of any payments required under the
            agreement to be paid to the Government of Iraq or other Iraqi
            entities for rights, access, or support for bases and
            facilities.
                (7) An assessment of any payments required under the
            agreement for any claims for deaths and damages caused by
            United States military personnel, civilian personnel, and
            contractor personnel of contracts awarded by any department or
            agency of the United States Government in the performance of
            their official duties.
                (8) A description of the arrangements required under the
            agreement to resolve disputes arising over matters contained in
            the agreement or to consider changes to the agreement.
                (9) A discussion of the extent to which the agreement
            applies to other Coalition partners.
                (10) A description of how the agreement can be terminated
            by the United States or Iraq.
        (c) Form.--The report required under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the Committee on Armed Services and the Committee on
            Foreign Affairs of the House of Representatives; and
                (2) the Committee on Armed Services and the Committee on
            Foreign Relations of the Senate.
        (e) Termination of Requirement.--
                (1) In general.--Except as provided in paragraph (2), the
            requirement to transmit the report and updates of the report
            under subsection (a) terminates on December 31, 2009.
                (2) Exception.--The requirement to transmit the report and
            updates of the report under subsection (a) terminates before
            December 31, 2009, if the following conditions are met:
                        (A) The President transmits to the appropriate
                    congressional committees the text of any agreement
                    between the United States and Iraq described in
                    subsection (a)(1)(A) and any amendment or update
                    thereto.
                        (B) Within 30 days of transmission of the
                    agreement, the President makes available appropriate
                    senior officials to brief the appropriate congressional
                    committees on the matters covered by the agreement or
                    any amendment or update thereto.

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

        (a) In General.--The President shall establish and implement a
    strategy for United States-led Provincial Reconstruction Teams (PRTs),
    including embedded PRTs and Provincial Support Teams, in Iraq that
    ensures that such United States-led PRTs are--
                (1) supporting the operational and strategic goals of the
            Multi-National Force-Iraq; and
                (2) developing the capacity of national, provincial, and
            local government and other civil institutions in Iraq to assume
            increasing responsibility for the formulation, implementation,
            and oversight of reconstruction and development activities.
        (b) Elements of Strategy.--At a minimum, the strategy required
    under subsection (a) shall include--
                (1) a mission statement and clearly defined objectives for
            United States-led PRTs as a whole;
                (2) a mission statement and clearly defined objectives for
            each United States-led PRT; and
                (3) measures of effectiveness and performance indicators
            for meeting the objectives of each United States-led PRT as
            described in paragraph (2).
        (c) Report.--
                (1) In general.--Not later than 90 days after the date of
            the enactment of this Act, and every 90 days thereafter through
            the end of fiscal year 2010, the President shall transmit to
            the appropriate congressional committees a report on the
            implementation of the strategy required under subsection (a),
            including an assessment of the specific contributions United
            States-led PRTs are making to implement the strategy. The
            initial report required under this subsection should include a
            general description of the strategy required under subsection
            (a) and a general discussion of the elements of the strategy
            required under subsection (b).
                (2) Inclusion in other report.--The report required under
            this subsection may be included in the report required by
            section 1227 of the National Defense Authorization Act for
            Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465).
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the Committee on Armed Services, the Committee on
            Appropriations, and the Committee on Foreign Affairs of the
            House of Representatives; and
                (2) the Committee on Armed Services, the Committee on
            Appropriations, and the Committee on Foreign Relations of the
            Senate.

    SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

        (a) Authority for Fiscal Years 2008 and 2009.--Subsection (a) of
    section 1202 of the National Defense Authorization Act for Fiscal Year
    2006 (Public Law 109-163; 119 Stat. 3455), as amended by section 1205
    of the National Defense Authorization Act for Fiscal Year 2008 (Public
    Law 110-181; 122 Stat. 366), is further amended in the matter preceding
    paragraph (1)--
                (1) by striking ``$977,441,000'' and inserting
            ``$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in
            fiscal year 2009,''; and
                (2) by striking ``in such fiscal year''.
        (b) Quarterly Reports.--Subsection (b) of such section, as so
    amended, is further amended--
                (1) in the heading, by inserting ``and Briefings'' after
            ``Reports'';
                (2) by striking ``Not later than'' and inserting the
            following:
                ``(1) In general.--Not later than''; and
                (3) by adding at the end the following new paragraphs:
                ``(2) Additional matters to be included.--In addition to
            the information described in paragraph (1), each report
            required under paragraph (1) that contains information on
            projects carried out using funds authorized under the
            Commanders' Emergency Response Program in Iraq shall include
            the following:
                        ``(A) A listing of each project for which amounts
                    in excess of $500,000 provided through the Commanders'
                    Emergency Response Program in Iraq were expended.
                        ``(B) A written statement by the Secretary of
                    Defense, or the Deputy Secretary of Defense if the
                    authority under subsection (f) is delegated to the
                    Deputy Secretary of Defense, affirming that the
                    certification required under subsection (f) was issued
                    for each project in Iraq for which amounts in excess of
                    $1,000,000 provided through the Commanders' Emergency
                    Response Program in Iraq were expended.
                        ``(C) For each project listed in subparagraph (A),
                    the following information:
                                ``(i) A description and justification for
                            carrying out the project
                                ``(ii) A description of the extent of
                            involvement by the Government of Iraq in the
                            project, including--
                                        ``(I) the amount of funds provided
                                    by the Government of Iraq for the
                                    project; and
                                        ``(II) a description of the plan
                                    for the transition of such project upon
                                    completion to the people of Iraq and
                                    for the sustainment of any completed
                                    facilities, including any commitments
                                    by the Government of Iraq to sustain
                                    projects requiring the support of the
                                    Government of Iraq for sustainment.
                                ``(iii) A description of the current status
                            of the project, including, where appropriate,
                            the projected completion date.
                        ``(D) A description of the status of transitioning
                    activities carried out under the Commanders' Emergency
                    Response Program in Iraq to the Government of Iraq,
                    including--
                                ``(i) the level of funding provided by the
                            Government of Iraq for the Government of Iraq
                            Commanders' Emergency Response Program
                            (commonly known as `I-CERP');
                                ``(ii) the level of funding provided and
                            expended by the Government of Iraq in other
                            programs designed to meet urgent humanitarian
                            relief and reconstruction requirements that
                            immediately assist the Iraqi people; and
                                ``(iii) a description of the progress made
                            in transitioning the responsibility for the
                            Sons of Iraq Program to the Government of Iraq.
                ``(3) Briefings.--Not later than 15 days after the
            submission of each report under paragraph (1), appropriate
            officials of the Department of Defense shall meet with the
            congressional defense committees to brief such committees on
            the matters contained in the report.''.
        (c) Prohibition on Certain Projects Under the Commanders' Emergency
    Response Program in Iraq.--Such section, as so amended, is further
    amended--
                (1) by redesignating subsection (e) as subsection (f); and
                (2) by inserting after subsection (d) the following new
            subsection:
        ``(e) Prohibition on Certain Projects Under the Commanders'
    Emergency Response Program in Iraq.--
                ``(1) Prohibition.--Except as provided in paragraph (2),
            funds made available under this section for the Commanders'
            Emergency Response Program in Iraq may not be obligated or
            expended to carry out any project commenced after the date of
            the enactment of the Duncan Hunter National Defense
            Authorization Act for Fiscal Year 2009 if the total amount of
            such funds made available for the purpose of carrying out the
            project exceeds $2,000,000.
                ``(2) Exception.--The prohibition contained in paragraph
            (1) shall not apply with respect to funds managed or controlled
            by the Department of Defense that were otherwise provided by
            another department or agency of the United States Government,
            the Government of Iraq, the government of a foreign country, a
            foundation or other charitable organization (including a
            foundation or charitable organization that is organized or
            operates under the laws of a foreign country), or any source in
            the private sector of the United States or a foreign country.
                ``(3) Waiver.--The Secretary of Defense may waive the
            prohibition contained in paragraph (1) if the Secretary of
            Defense--
                        ``(A) determines that such a waiver is required to
                    meet urgent humanitarian relief and reconstruction
                    requirements that will immediately assist the Iraqi
                    people; and
                        ``(B) submits in writing, within 15 days of issuing
                    such waiver, to the congressional defense committees a
                    notification of the waiver, together with a discussion
                    of--
                                ``(i) the unmet and urgent needs to be
                            addressed by the project; and
                                ``(ii) any arrangements between the
                            Government of the United States and the
                            Government of Iraq regarding the provision of
                            Iraqi funds for carrying out and sustaining the
                            project .''.
        (d) Certification on Certain Projects Under the Commanders'
    Emergency Response Program in Iraq.--Such section, as so amended, is
    further amended--
                (1) by redesignating subsection (f), as redesignated by
            subsection (c) of this section, as subsection (g); and
                (2) by inserting after subsection (e), as added by
            subsection (c) of this section, the following new subsection:
        ``(f) Certification on Certain Projects Under the Commanders'
    Emergency Response Program in Iraq.--
                ``(1) Certification.--Funds made available under this
            section for the Commanders' Emergency Response Program in Iraq
            may not be obligated or expended to carry out any project
            commenced after the date of the enactment of the Duncan Hunter
            National Defense Authorization Act for Fiscal Year 2009 if the
            total amount of such funds made available for the purpose of
            carrying out the project exceeds $1,000,000 unless the
            Secretary of Defense certifies that the project addresses
            urgent humanitarian relief and reconstruction requirements that
            will immediately assist the Iraqi people.
                ``(2) Delegation.--The Secretary may delegate the authority
            under paragraph (1) to the Deputy Secretary of Defense.''.
        (e) Sense of Congress.--It is the sense of Congress that the
    Government of Iraq should assume increasing responsibility for funding
    and carrying out projects currently funded by the United States through
    the Commanders' Emergency Response Program, and should assume all costs
    associated with the Sons of Iraq program as expeditiously as possible.

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

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

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

        (a) Report Required.--Not later than 60 days after the date of the
    enactment of this Act, or December 1, 2008, whichever occurs later, the
    Secretary of Defense shall submit to the appropriate congressional
    committees a report on the command and control structure for military
    forces operating in Afghanistan.
        (b) Matters to Be Included.--The report required under subsection
    (a) shall include the following:
                (1) A detailed description of efforts by the Secretary of
            Defense, in coordination with senior leaders of NATO ISAF
            forces, including the commander of NATO ISAF forces, to modify
            the chain of command structure for military forces operating in
            Afghanistan to better coordinate and de-conflict military
            operations and achieve unity of command whenever possible in
            Afghanistan, and the results of such efforts, including--
                        (A) any United States or NATO ISAF plan for
                    improving the command and control structure for
                    military forces operating in Afghanistan; and
                        (B) any efforts to establish a headquarters in
                    Afghanistan that is led by a commander--
                                (i) with command authority over NATO ISAF
                            forces and separate United States forces
                            operating under Operation Enduring Freedom and
                            charged with closely coordinating the efforts
                            of such forces; and
                                (ii) responsible for coordinating other
                            United States and international security
                            efforts in Afghanistan.
                (2) A description of how rules of engagement are determined
            and managed for United States forces operating under NATO ISAF
            or Operation Enduring Freedom, and a description of any key
            differences between rules of engagement for NATO ISAF forces
            and separate United States forces operating under Operation
            Enduring Freedom.
                (3) An assessment of how any modifications to the command
            and control structure for military forces operating in
            Afghanistan would impact coordination of military and civilian
            efforts in Afghanistan.
        (c) Update of Report.--The Secretary of Defense shall submit to the
    appropriate congressional committees an update of the report required
    under subsection (a) as warranted by any modifications to the command
    and control structure for military forces operating in Afghanistan as
    described in the report.
        (d) Form.--The report required under subsection (a) and any update
    of the report required under subsection (c) shall be submitted in an
    unclassified form, but may include a classified annex, if necessary.
        (e) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the Committee on Armed Services and the Committee on
            Foreign Affairs of the House of Representatives; and
                (2) the Committee on Armed Services and the Committee on
            Foreign Relations of the Senate.

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

        (a) Additional Reports Required.--Subsection (a) of section 1232 of
    the National Defense Authorization Act for Fiscal Year 2008 (Public Law
    110-181; 122 Stat. 392) is amended--
                (1) in the heading of paragraph (1), by striking ``In
            general'' and inserting ``Initial report'';
                (2) by striking paragraph (4);
                (3) by redesignating paragraph (3) as paragraph (4); and
                (4) by inserting after paragraph (2) the following new
            paragraph:
                ``(3) Subsequent reports.--Concurrent with the submission
            of each report submitted under section 1230 after the date of
            the enactment of the Duncan Hunter National Defense
            Authorization Act for Fiscal Year 2009, the Secretary of
            Defense, in consultation with the Secretary of State, shall
            submit to the appropriate congressional committees, a report on
            enhancing security and stability in the region along the border
            of Afghanistan and Pakistan. Each such report shall include the
            following:
                        ``(A) A description of the matters required to be
                    included in the initial report required under paragraph
                    (1).
                        ``(B) A description of any peace agreements between
                    the Government of Pakistan and tribal leaders from
                    regions along the Afghanistan-Pakistan border that
                    contain commitments to prevent cross-border incursions
                    into Afghanistan and any mechanisms in such agreements
                    to enforce such commitments.
                        ``(C) An assessment of the effectiveness of such
                    peace agreements in preventing cross-border incursions
                    and of the Government of Pakistan in enforcing those
                    agreements.''.
        (b) Copy of Notification Relating to Department of Defense
    Coalition Support Funds for Pakistan.--Subsection (b)(1) of such
    section is amended by adding at the end the following new subparagraph:
                        ``(C) Copy of notification.--The Secretary of
                    Defense shall submit to the Committee on Foreign
                    Affairs of the House of Representatives and the
                    Committee on Foreign Relations of the Senate a copy of
                    each notification required under subparagraph (A).''.
        (c) Additional Information on Department of Defense Coalition
    Support Funds for Pakistan.--Subsection (b) of such section is
    amended--
                (1) by redesignating paragraph (5) as paragraph (6); and
                (2) by inserting after paragraph (4) the following new
            paragraph:
                ``(5) Requirement to submit information relating to claims
            disallowed or deferred by the united states.--
                        ``(A) In general.--The Secretary of Defense shall
                    submit, in the manner specified in subparagraph (B), an
                    itemized description of the costs claimed by the
                    Government of Pakistan for logistical, military, or
                    other support provided by Pakistan to the United States
                    for which the United States will disallow or defer
                    reimbursement to the Government of Pakistan under the
                    authority of any provision of law described in
                    paragraph (1)(B).
                        ``(B) Manner of submission.--
                                ``(i) In general.--To the maximum extent
                            practicable, the Secretary shall submit each
                            itemized description of costs required under
                            subparagraph (A) as part of the notification
                            required under paragraph (1).
                                ``(ii) Alternative submission.--To the
                            extent that an itemized description of costs
                            required under subparagraph (A) is not
                            submitted in accordance with clause (i), the
                            Secretary shall submit such description not
                            later than 180 days after the date on which a
                            decision to disallow or defer reimbursement for
                            the costs claimed is made.
                        ``(C) Form.--Each itemized description of costs
                    required under subparagraph (B) shall be submitted in
                    an unclassified form, but may include a classified
                    annex, if necessary.''.
        (d) Extension of Notification Requirement Relating to Department of
    Defense Coalition Support Funds for Pakistan.--Subsection (b)(6) of
    such section, as redesignated by subsection (c) of this section, is
    amended by striking ``September 30, 2009'' and inserting ``September
    30, 2010''.
        (e) Report Relating to Department of Defense Coalition Support
    Funds for Pakistan.--Such section is further amended by adding at the
    end the following new subsection:
        ``(c) Report Relating to Department of Defense Coalition Support
    Funds for Pakistan.--
                ``(1) Report required.--Not later than 180 days after the
            date of the enactment of the Duncan Hunter National Defense
            Authorization Act for Fiscal Year 2009, the Secretary of
            Defense shall submit to the appropriate congressional
            committees a report that contains a detailed description of
            efforts by the Secretary of Defense to address the findings and
            implement the recommendations made by the Government
            Accountability Office in its report entitled `Combating
            Terrorism: Increased Oversight and Accountability Needed Over
            Pakistan Reimbursement Claims for Coalition Support Funds'
            (GAO-08-806; June 24, 2008).
                ``(2) Appropriate congressional committee defined.--In this
            subsection, the term `appropriate congressional committees' has
            the meaning given the term in subsection (a)(5).''.

    SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO TRAIN,
                  ASSIST, AND ADVISE UNITS OF THE IRAQI POLICE SERVICE.

        (a) Study and Report.--Not later than 180 days after the date of
    the enactment of this Act, the Secretary of Defense, in consultation
    with the Secretary of State and the Government of Iraq, shall conduct a
    study and submit to the appropriate congressional committees a report
    containing the recommendations of the Secretary of Defense on--
                (1) the number of personnel required for Police Transition
            Teams to train, assist, and advise units of the Iraqi Police
            Service in fiscal year 2009 and in fiscal year 2010;
                (2) the funding required to support the level of personnel
            described in paragraph (1) in fiscal year 2009 and in fiscal
            year 2010; and
                (3) the feasibility of transferring responsibility for the
            provision of the personnel described in paragraph (1) and the
            support described in paragraph (2) from the Department of
            Defense to the Department of State.
        (b) Form.--The report required under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex if
    required.
        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the Committee on Armed Services and the Committee on
            Foreign Affairs of the House of Representatives; and
                (2) the Committee on Armed Services and the Committee on
            Foreign Relations of the Senate.

                           Subtitle C--Other Matters

    SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL COOPERATION
                  PROGRAMS.

        (a) Expansion of Authority for Bilateral and Regional Programs to
    Cover Multilateral Programs.--Section 1051 of title 10, United States
    Code, is amended--
                (1) in subsection (a), by striking ``a bilateral'' and
            inserting ``a multilateral, bilateral,''; and
                (2) 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,''.
        (b) Availability of Funds for Programs and Activities Across Fiscal
    Years.--
                (1) In general.--Such section is further amended by adding
            at the end the following new subsection:
        ``(e) Funds available to carry out this section shall be available,
    to the extent provided in appropriations Acts, for programs and
    activities under this section that begin in a fiscal year and end in
    the following fiscal year.''.
                (2) Effective date.--The amendment made by paragraph (1)
            shall take effect on October 1, 2008, and shall apply with
            respect to programs and activities under section 1051 of title
            10, United States Code, as so amended, that begin on or after
            that date.
        (c) Conforming and Clerical Amendments.--
                (1) Heading amendment.--The heading of such section is
            amended to read as follows:
    ``Sec. 1051. Multilateral, bilateral, or regional cooperation programs:
                  payment of personnel expenses''.
                (2) 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. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN MULTINATIONAL
                  MILITARY CENTERS OF EXCELLENCE.

        (a) Participation Authorized.--
                (1) 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 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
            and the military forces of friendly foreign nations.
        ``(b) Memorandum of Understanding.--(1) 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) If Department of Defense facilities, equipment, or funds are
    used to support a multinational military center of excellence under
    subsection (a), the memoranda of understanding under paragraph (1) with
    respect to that center shall provide details of any cost-sharing
    arrangement or other funding arrangement.
        ``(c) Availability of Appropriated Funds.--(1) 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) 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.
        ``(d) 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.
        ``(e) Annual Reports on Use of Authority.--(1) Not later than
    October 31, 2009, and annually thereafter, 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 the preceding fiscal
    year.
        ``(2) Each report required by paragraph (1) shall include, for the
    fiscal year covered by such report, 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.
                ``(B) For each multinational military center of excellence
            in which the Department of Defense, or members of the armed
            forces or civilian personnel of the Department, 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 civilian personnel of the Department; 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).
        ``(f) Multinational Military Center of Excellence Defined.--In this
    section, the term `multinational military center of excellence' means
    an entity sponsored by one or more nations that is accredited and
    approved by the Military Committee of the North Atlantic Treaty
    Organization (NATO) as offering recognized expertise and experience to
    personnel participating in the activities of such entity for the
    benefit of NATO by providing such personnel opportunities to--
                ``(1) enhance education and training;
                ``(2) improve interoperability and capabilities;
                ``(3) assist in the development of doctrine; and
                ``(4) validate concepts through experimentation.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of subchapter II of chapter 138 of such title is
            amended by adding at the end the following new item:

    ``2350m. Participation in multinational military centers of
                                excellence.''.
        (b) Repeal of Superseded Authority.--Section 1205 of the John
    Warner National Defense Authorization Act for Fiscal Year 2007 (Public
    Law 109-364; 120 Stat. 2416) is repealed.
        (c) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2008.

    SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY DEFENSE
                  CONTRACTORS IN CERTAIN SPACE ACTIVITIES OF THE PEOPLE'S
                  REPUBLIC OF CHINA.

        (a) Review Required.--The Secretary of Defense shall conduct a
    review to determine whether there are any security risks associated
    with participation by covered contractors in certain space activities
    of the People's Republic of China.
        (b) Matters to Be Included.--The review required under subsection
    (a) shall include, at a minimum, a review of the following:
                (1) Whether there have been any incidents with respect to
            which a determination has been made that an improper disclosure
            of covered information by a covered contractor has occurred
            during the five-year period ending on the date of the enactment
            of this Act.
                (2) The increase, if any, in the number of covered
            contractors expected to occur during the 5-year period
            beginning on the date of the enactment of this Act.
                (3) The extent to which the policies and procedures of the
            Department of Defense are sufficient to protect against the
            improper disclosure of covered information by a covered
            contractor during the 5-year period beginning on the date of
            the enactment of this Act.
                (4) The Secretary's conclusions regarding awards of
            contracts by the Department of Defense to covered contractors
            after the date of the enactment of this Act.
                (5) Any other matters that the Secretary determines to be
            appropriate to include in the review.
        (c) Cooperation From Other Departments and Agencies.--The Secretary
    of State, the Director of National Intelligence, and the head of any
    other United States Government department or agency shall cooperate in
    a complete and timely manner to provide the Secretary of Defense with
    data and other information necessary for the Secretary of Defense to
    carry out the review required under subsection (a).
        (d) Report.--
                (1) In general.--Not later than March 1, 2009, the
            Secretary of Defense shall submit to the congressional defense
            committees a report on the review required under subsection
            (a).
                (2) Form.--The report required under this subsection shall
            include a summary in unclassified form to the maximum extent
            practicable.
        (e) Definitions.--In this section:
                (1) Certain space activities of the people's republic of
            china.--The term ``certain space activities of the People's
            Republic of China'' means--
                        (A) the development or manufacture of satellites
                    for launch from the People's Republic of China; and
                        (B) the launch of satellites from the People's
                    Republic of China.
                (2) Covered contractor.--The term ``covered contractor''
            means a contractor of the Department of Defense, and any
            subcontractor (at any tier) of the contractor, that--
                        (A) has access to covered information; and
                        (B) participates, or is part of a joint venture
                    that participates, or whose parent, sister, subsidiary,
                    or affiliate company participates, in certain space
                    activities in the People's Republic of China.
                (3) Covered information.--The term ``covered information''
            means classified information and sensitive controlled
            unclassified information obtained under contracts (or
            subcontracts of such contracts) of the Department of Defense.

    SEC. 1234. REPORT ON IRAN'S CAPABILITY TO PRODUCE NUCLEAR WEAPONS.

        (a) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, and annually thereafter, the Director of
    National Intelligence shall submit to Congress a report on Iran's
    capability to produce nuclear weapons. The report required under this
    subsection may be submitted in classified form.
        (b) Matters to Be Included.--The report required under subsection
    (a) shall include the following:
                (1) The locations, types, and number of centrifuges and
            other specialized equipment necessary for the enrichment of
            uranium and any plans to acquire, manufacture, and operate such
            equipment in the future.
                (2) An estimate of the amount, if any, of highly enriched
            uranium and weapons grade plutonium acquired or produced to
            date, an estimate of the amount of weapons grade plutonium that
            is likely to be produced or acquired in the near- and midterms
            and the amount of highly enriched uranium that is likely to be
            produced or acquired in the near- and midterms, and the number
            of nuclear weapons that could be produced with such materials.
                (3) A evaluation of the extent to which security and
            safeguards at any nuclear site prevent, slow, verify, or help
            monitor the enrichment of uranium or the reprocessing of
            plutonium into weapons-grade materials.
                (4) A description of any weaponization activities, such as
            the research, design, development, or testing of nuclear
            weapons or weapons-related components.
                (5) A description of any programs to construct, acquire,
            test, or improve methods to deliver nuclear weapons, including
            an assessment of the likely progress of such programs in the
            near- and mid-terms.
                (6) A summary of assessments made by allies of the United
            States of Iran's nuclear weapons program and nuclear-capable
            delivery systems programs.
        (c) Notification.--The President shall notify Congress, in writing,
    within 15 days of determining that--
                (1) Iran has resumed a nuclear weapons program;
                (2) Iran has met or surpassed any major milestone in its
            nuclear weapons program; or
                (3) Iran has undertaken to accelerate, decelerate, or cease
            the development of any significant element within its nuclear
            weapons program.

    SEC. 1235. EMPLOYMENT FOR RESETTLED IRAQIS.

        (a) In General.--The Secretary of Defense and the Secretary of
    State are authorized to jointly establish and operate a temporary
    program to offer employment as translators, interpreters, or cultural
    awareness instructors to individuals described in subsection (b).
    Individuals described in such subsection may be appointed to temporary
    positions of one year or less outside Iraq with either the Department
    of Defense or the Department of State, without competition and without
    regard for the provisions of chapter 51 and subchapter III of chapter
    53 of title 5, United States Code. Such individuals may also be hired
    as personal services contractors by either of such Departments to
    provide translation, interpreting, or cultural awareness instruction,
    except that such individuals so hired shall not by virtue of such
    employment be considered employees of the United States Government,
    except for purposes of chapter 81 of title 5, United States Code, and
    chapter 171 of title 28, United States Code.
        (b) Eligibility.--Individuals referred to in subsection (a) are
    Iraqi nationals who--
                (1) have received a special immigrant visa issued pursuant
            to section 1059 of the National Defense Authorization Act for
            Fiscal Year 2006 (Public Law 109-163) or section 1244 of the
            National Defense Authorization Act for Fiscal Year 2008 (Public
            Law 110-181); and
                (2) are lawfully present in the United States.
        (c) Funding.--
                (1) In general.--Except as provided in paragraph (2), the
            program established under subsection (a) shall be funded from
            the annual general operating budget of the Department of
            Defense.
                (2) Exception.--The Secretary of State shall reimburse the
            Department of Defense for any costs associated with individuals
            described in subsection (b) whose work is for or on behalf of
            the Department of State.
        (d) Rule of Construction Regarding Access to Classified
    Information.--Nothing in this section may be construed as affecting in
    any manner practices and procedures regarding the handling of or access
    to classified information.
        (e) Information Sharing.--The Secretary of Defense and the
    Secretary of State shall work with the Secretary of Homeland Security
    and the Office of Refugee Resettlement of the Department of Health and
    Human Services to ensure that individuals described in subsection (b)
    are informed of the program established under subsection (a).
        (f) Regulation.--The Secretary of Defense, jointly with the
    Secretary of State and with the concurrence of the Director of the
    Office of Personnel Management, shall prescribe such regulations as are
    necessary to carry out the program established under subsection (a),
    including ensuring the suitability for employment described in
    subsection (a) of individuals described in subsection (b), determining
    the number of positions, and establishing pay scales and hiring
    procedures.
        (g) Termination.--
                (1) In general.--Except as provided in paragraph (2), the
            program established under subsection (a) shall terminate on
            December 31, 2014.
                (2) Earlier termination.--If the Secretary of Defense,
            jointly with the Secretary of State, determines that the
            program established under subsection (a) should terminate
            before the date specified in paragraph (1), the Secretaries may
            terminate the program if the Secretaries notify Congress in
            writing of such termination at least 180 days before such
            termination.

    SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON CLAIMS
                  RELATING TO THE BOMBING OF THE LABELLE DISCOTHEQUE.

        Section 1225(b) of the National Defense Authorization Act for
    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465), as amended by
    section 1261(1)(B) of the National Defense Authorization Act for Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 405), is further amended--
                (1) in paragraph (2)--
                        (A) by striking ``Not later than one year after
                    enactment of this Act, and not later than two years
                    after enactment of this Act'' and inserting ``Not later
                    than 90 days after the date of the enactment of the
                    Duncan Hunter National Defense Authorization Act for
                    Fiscal Year 2009, and every 180 days thereafter''; and
                        (B) by adding at the end the following new
                    sentence: ``Each update under this paragraph after the
                    date of the enactment of the Duncan Hunter National
                    Defense Authorization Act for Fiscal Year 2009 shall be
                    submitted in unclassified form, but may include a
                    classified annex.''; and
                (2) by adding at the end the following new paragraph:
                ``(3) Termination.--The requirement to submit updates under
            paragraph (2) shall terminate upon submission by the Secretary
            of State to Congress of the certification described in section
            5(a)(2) of the Libya Claims Resolution Act (Public Law 110-301;
            122 Stat. 3000).''.

    SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL PARTNERSHIP
                  AUTHORITIES.

        (a) In General.--Not later than December 31, 2010, the Secretary of
    Defense and the Secretary of State shall jointly submit to the
    appropriate committees of Congress a report on the implementation of
    the Building Global Partnership authorities during the period beginning
    on the date of the enactment of this Act and ending on September 30,
    2010.
        (b) Elements.--The report required by subsection (a) shall include
    the following:
                (1) A detailed summary of the programs conducted under the
            Building Global Partnership authorities during the period
            covered by the report, including, for each country receiving
            assistance under such a program, a description of the
            assistance provided and its cost.
                (2) An assessment of the impact of the assistance provided
            under the Building Global Partnership authorities with respect
            to each country receiving assistance under such authorities.
                (3) A description of--
                        (A) the processes used by the Department of Defense
                    and the Department of State to jointly formulate,
                    prioritize, and select projects to be funded under the
                    Building Global Partnership authorities; and
                        (B) the processes, if any, used by the Department
                    of Defense and the Department of State to evaluate the
                    success of each project so funded after its completion.
                (4) A statement of the projects initiated under the
            Building Global Partnership authorities that were subsequently
            transitioned to and sustained under the authorities of the
            Foreign Assistance Act of 1961 or other authorities.
                (5) An assessment of the utility of the Building Global
            Partnership authorities, and of any gaps in such authorities,
            including an assessment of the feasability and advisability of
            continuing such authorities beyond their current dates of
            expiration (whether in their current form or with such
            modifications as the Secretary of Defense and the Secretary of
            State jointly consider appropriate).
        (c) Definitions.--In this section:
                (1) Appropriate committees of congress.--The term
            ``appropriate committees of Congress'' means--
                        (A) the Committee on Armed Services, the Committee
                    on Appropriations, and the Committee on Foreign
                    Relations of the Senate; and
                        (B) the Committee on Armed Services, the Committee
                    on Appropriations, and the Committee on Foreign Affairs
                    of the House of Representatives.
                (2) Building global partnership authorities.--The term
            ``Building Global Partnership authorities'' means the
            following:
                        (A) Authority for building capacity of foreign
                    military forces.--The authorities provided in section
                    1206 of the National Defense Authorization Act for
                    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456),
                    as amended by section 1206 of the John Warner National
                    Defense Authorization Act for Fiscal Year 2007 (Public
                    Law 109-364; 120 Stat. 2418) and section 1206 of this
                    Act.
                        (B) Authority for security and stabilization
                    assistance.--The authorities provided in section 1207
                    of the National Defense Authorization Act for Fiscal
                    Year 2006 (119 Stat. 3458), as amended by section 1210
                    of the National Defense Authorization Act for Fiscal
                    Year 2008 (Public Law 110-181; 122 Stat. 369) and
                    section 1207 of this Act.
                        (C) Civic assistance authorities under combatant
                    commander initiative fund.--The authority to engage in
                    urgent and unanticipated civic assistance under the
                    Combatant Commander Initiative Fund under section
                    166a(b)(6) of title 10, United States Code, as a result
                    of the amendments made by section 902 of the John
                    Warner National Defense Authorization Act for Fiscal
                    Year 2007 (120 Stat. 2351).

    SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT CERTAIN
                  ANNUAL REPORTS TO CONGRESS REGARDING ALLIED CONTRIBUTIONS
                  TO THE COMMON DEFENSE.

        (a) Modification of Certain Reports on Allied Contributions to the
    Common Defense.--Section 1003 of the Department of Defense
    Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2576) is amended--
                (1) by striking subsections (c) and (d); and
                (2) adding at the end the following new subsections:
        ``(c) 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 each year, not later than March 1, a report
    containing a description of--
                ``(1) annual defense spending by each member nation of
            NATO, by each member nation of the Euro-Atlantic Partnership
            Council (EAPC), and by Japan, including available nominal
            budget figures and defense spending as a percentage of the
            respective nation's gross domestic product for the fiscal year
            immediately preceding the fiscal year in which the report is
            submitted;
                ``(2) activities of each NATO member nation, each EAPC
            member nation, and Japan to contribute to military or stability
            operations in which the United States Armed Forces are a
            participant;
                ``(3) any limitations that such nations place on the use of
            their national contributions described in paragraph (2); and
                ``(4) any actions undertaken by the United States
            Government to minimize those limitations described in paragraph
            (3).
        ``(d) The report required under subsection (c) shall be submitted
    in unclassified form, but may include a classified annex.''
        (b) Repeal of Report on Cost-Sharing.--Section 1313 of the National
    Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
    Stat. 2894) is amended--
                (1) by striking subsection (c); and
                (2) by redesignating subsection (d) as subsections (c).

                    TITLE XIII--COOPERATIVE THREAT REDUCTION

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

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

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

    SEC. 1302. FUNDING ALLOCATIONS.

        (a) Funding for Specific Purposes.--Of the $434,135,000 authorized
    to be appropriated to the Department of Defense for fiscal year 2009 in
    section 301(19) for Cooperative Threat Reduction programs, the
    following amounts may be obligated for the purposes specified:
                (1) For strategic offensive arms elimination in Russia,
            $79,985,000.
                (2) For strategic nuclear arms elimination in Ukraine,
            $6,400,000.
                (3) For nuclear weapons storage security in Russia,
            $24,101,000.
                (4) For nuclear weapons transportation security in Russia,
            $40,800,000.
                (5) For weapons of mass destruction proliferation
            prevention in the states of the former Soviet Union,
            $59,286,000.
                (6) For biological threat reduction in the former Soviet
            Union, $184,463,000.
                (7) For chemical weapons destruction, $1,000,000.
                (8) For defense and military contacts, $8,000,000.
                (9) For new Cooperative Threat Reduction initiatives,
            $10,000,000.
                (10) For activities designated as Other Assessments/
            Administrative Costs, $20,100,000.
        (b) Report on Obligation or Expenditure of Funds for Other
    Purposes.--No fiscal year 2009 Cooperative Threat Reduction funds may
    be obligated or expended for a purpose other than a purpose listed in
    paragraphs (1) through (10) of subsection (a) until 15 days after the
    date that the Secretary of Defense submits to Congress a report on the
    purpose for which the funds will be obligated or expended and the
    amount of funds to be obligated or expended. Nothing in the preceding
    sentence shall be construed as authorizing the obligation or
    expenditure of fiscal year 2009 Cooperative Threat Reduction funds for
    a purpose for which the obligation or expenditure of such funds is
    specifically prohibited under this title or any other provision of law.
        (c) Limited Authority to Vary Individual Amounts.--
                (1) In general.--Subject to paragraph (2), in any case in
            which the Secretary of Defense determines that it is necessary
            to do so in the national interest, the Secretary may obligate
            amounts appropriated for fiscal year 2009 for a purpose listed
            in paragraphs (1) through (10) of subsection (a) in excess of
            the specific amount authorized for that purpose.
                (2) Notice-and-wait required.--An obligation of funds for a
            purpose stated in paragraphs (1) through (10) of subsection (a)
            in excess of the specific amount authorized for such purpose
            may be made using the authority provided in paragraph (1) only
            after--
                        (A) the Secretary submits to Congress notification
                    of the intent to do so together with a complete
                    discussion of the justification for doing so; and
                        (B) 15 days have elapsed following the date of the
                    notification.

                        TITLE XIV--OTHER AUTHORIZATIONS

                         Subtitle A--Military Programs

    Sec. 1401. Working capital funds.
    Sec. 1402. National Defense Sealift Fund.
    Sec. 1403. Defense Health Program.
    Sec. 1404. Chemical agents and munitions destruction, defense.
    Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
    Sec. 1406. Defense Inspector General.
    Sec. 1407. National Defense Sealift Fund amendments.

                     Subtitle B--National Defense Stockpile

    Sec. 1411. Authorized uses of National Defense Stockpile funds.
    Sec. 1412. Revisions to previously authorized disposals from the
                                National Defense Stockpile.

                    Subtitle C--Armed Forces Retirement Home

    Sec. 1421. Authorization of appropriations for Armed Forces Retirement
                                Home.

                         Subtitle A--Military Programs

    SEC. 1401. WORKING CAPITAL FUNDS.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for the use of the Armed Forces and other activities and agencies of
    the Department of Defense for providing capital for working capital and
    revolving funds in amounts as follows:
                (1) For the Defense Working Capital Funds, $198,150,000.
                (2) For the Defense Working Capital Fund, Defense
            Commissary, $1,291,084,000.

    SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for the National Defense Sealift Fund in the amount of $1,608,572,000.

    SEC. 1403. DEFENSE HEALTH PROGRAM.

        (a) Authorization of Appropriations.--Funds are hereby authorized
    to be appropriated for the Department of Defense for fiscal year 2009
    for expenses, not otherwise provided for, for the Defense Health
    Program, in the amount of $24,966,917,000, of which--
                (1) $24,467,074,000 is for Operation and Maintenance;
                (2) $195,938,000 is for Research, Development, Test, and
            Evaluation; and
                (3) $303,905,000 is for Procurement.
        (b) Source of Certain Funds.--Of the amount available under
    subsection (a), $1,300,000,000 shall, to the extent provided in advance
    in an Act making appropriations for fiscal year 2009, be available by
    transfer from the National Defense Stockpile Transaction Fund
    established under subsection (a) of section 9 of the Strategic and
    Critical Materials Stock Piling Act (50 U.S.C. 98h).

    SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

        (a) Authorization of Appropriations.--Funds are hereby authorized
    to be appropriated for the Department of Defense for fiscal year 2009
    for expenses, not otherwise provided for, for Chemical Agents and
    Munitions Destruction, Defense, in the amount of $1,485,634,000, of
    which--
                (1) $1,152,668,000 is for Operation and Maintenance;
                (2) $268,881,000 is for Research, Development, Test, and
            Evaluation; and
                (3) $64,085,000 is for Procurement.
        (b) Use.--Amounts authorized to be appropriated under subsection
    (a) are authorized for--
                (1) the destruction of lethal chemical agents and munitions
            in accordance with section 1412 of the Department of Defense
            Authorization Act, 1986 (50 U.S.C. 1521); and
                (2) the destruction of chemical warfare materiel of the
            United States that is not covered by section 1412 of such Act.

    SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

        Funds are hereby authorized to be appropriated for the Department
    of Defense for fiscal year 2009 for expenses, not otherwise provided
    for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
    in the amount of $1,060,463,000.

    SEC. 1406. DEFENSE INSPECTOR GENERAL.

        Funds are hereby authorized to be appropriated for the Department
    of Defense for fiscal year 2009 for expenses, not otherwise provided
    for, for the Office of the Inspector General of the Department of
    Defense, in the amount of $273,845,000, of which--
                (1) $270,445,000 is for Operation and Maintenance; and
                (2) $3,400,000 is for Procurement.

    SEC. 1407. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.

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

                     Subtitle B--National Defense Stockpile

    SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

        (a) Obligation of Stockpile Funds.--During fiscal year 2009, the
    National Defense Stockpile Manager may obligate up to $41,153,000 of
    the funds in the National Defense Stockpile Transaction Fund
    established under subsection (a) of section 9 of the Strategic and
    Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
    uses of such funds under subsection (b)(2) of such section, including
    the disposal of hazardous materials that are environmentally sensitive.
        (b) Additional Obligations.--The National Defense Stockpile Manager
    may obligate amounts in excess of the amount specified in subsection
    (a) if the National Defense Stockpile Manager notifies Congress that
    extraordinary or emergency conditions necessitate the additional
    obligations. The National Defense Stockpile Manager may make the
    additional obligations described in the notification after the end of
    the 45-day period beginning on the date on which Congress receives the
    notification.
        (c) Limitations.--The authorities provided by this section shall be
    subject to such limitations as may be provided in appropriations Acts.

    SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM THE
                  NATIONAL DEFENSE STOCKPILE.

        (a) Fiscal Year 1999 Disposal Authority.--Section 3303(a)(7) of the
    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
    (Public Law 105-261; 50 U.S.C. 98d note), as most recently amended by
    section 1412(b) of the National Defense Authorization Act for Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 418), is further amended by
    striking ``$1,066,000,000 by the end of fiscal year 2015'' and
    inserting ``$1,386,000,000 by the end of fiscal year 2016''.
        (b) Fiscal Year 1998 Disposal Authority.--Section 3305(a)(5) of the
    National Defense Authorization Act for Fiscal Year 1998 (Public Law
    105-85; 50 U.S.C. 98d note), as most recently amended by section
    3302(b) of the John Warner National Defense Authorization Act for
    Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2513), is further
    amended by striking ``2008'' and inserting ``2009''.

                    Subtitle C--Armed Forces Retirement Home

    SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
                  HOME.

        There is authorized to be appropriated for fiscal year 2009 from
    the Armed Forces Retirement Home Trust Fund the sum of $63,010,000 for
    the operation of the Armed Forces Retirement Home.

      TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
                  IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

    Sec. 1501. Authorization of additional appropriations for operations in
                                Afghanistan and Iraq for fiscal year 2009.
    Sec. 1502. Requirement for separate display of budgets for Afghanistan
                                and Iraq.
    Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
    Sec. 1504. Science and technology investment strategy to defeat or
                                counter improvised explosive devices.
    Sec. 1505. Limitations on Iraq Security Forces Fund.
    Sec. 1506. Limitations on Afghanistan Security Forces Fund.
    Sec. 1507. Special transfer authority.
    Sec. 1508. Prohibition on use of United States funds for certain
                                facilities projects in Iraq and
                                contributions by the Government of Iraq to
                                combined operations and other activities in
                                Iraq.

    SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN
                  AFGHANISTAN AND IRAQ FOR FISCAL YEAR 2009.

        (a) Authorization of Previously Appropriated Amounts.--In addition
    to the amounts otherwise authorized to be appropriated by division A of
    this Act, the amounts appropriated for fiscal year 2009 in chapter 2 of
    title IX of the Supplemental Appropriations Act, 2008 (Public Law 110-
    252; 122 Stat. 2405-2414) are hereby authorized to be appropriated.
        (b) Additional Authorization.--In addition to the amounts otherwise
    authorized to be appropriated by division A of this Act and subsection
    (a), funds in the amount of $2,076,000,000 are hereby authorized to be
    appropriated for aircraft procurement, Air Force, for the purpose of
    acquiring six C-17 aircraft.

    SEC. 1502. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGETS FOR AFGHANISTAN
                  AND IRAQ.

        (a) Operations in Iraq and Afghanistan.--In any annual or
    supplemental budget request for the Department of Defense that is
    submitted to Congress after the date of the enactment of this Act, the
    Secretary of Defense shall set forth separately any funding requested
    in such budget request for--
                (1) operations of the Department of Defense in Afghanistan;
            and
                (2) operations of the Department of Defense in Iraq.
        (b) Specificity of Display.--Each budget request covered by
    subsection (a) shall, for any funding requested for operations in Iraq
    or Afghanistan--
                (1) clearly display the amount of such funding at the
            appropriation account level and at the program, project, or
            activity level; and
                (2) include a detailed description of the assumptions
            underlying the funding for the period covered by the budget
            request, including the anticipated troop levels, the operations
            intended to be carried out, and the equipment reset
            requirements necessary to support such operations.

    SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

        (a) Use and Transfer of Funds.--Subsections (b) and (c) of section
    1514 of the John Warner National Defense Authorization Act for Fiscal
    Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by
    subsection (b), shall apply to the funds appropriated pursuant to the
    authorization of appropriations in section 1501 of this Act and made
    available to the Department of Defense for the Joint Improvised
    Explosive Device Defeat Fund.
        (b) Modification of Funds Transfer Authority.--Section 1514(c)(1)
    of the John Warner National Defense Authorization Act for Fiscal Year
    2007 (Public Law 109-364; 120 Stat. 2439) is amended--
                (1) by striking subparagraph (A); and
                (2) by redesignating subparagraphs (B) through (E) as
            subparagraphs (A) through (D), respectively.
        (c) Prior Notice of Transfer of Funds.--Section 1514(c)(4) of the
    John Warner National Defense Authorization Act for Fiscal Year 2007
    (Public Law 109-364; 120 Stat. 2439) is amended by inserting after
    ``five days'' the following: ``(in the case of the obligation of funds)
    or 15 days (in the case of a transfer of funds)''.
        (d) Monthly Obligations and Expenditure Reports.--Not later than 15
    days after the end of each month of fiscal year 2009, the Secretary of
    Defense shall provide to the congressional defense committees a report
    on the Joint Improvised Explosive Device Defeat Fund explaining monthly
    commitments, obligations, and expenditures by line of action.
        (e) Modification of Submittal Date of Other Reports.--Section
    1514(e) of the John Warner National Defense Authorization Act for
    Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2440) is amended by
    striking ``30 days'' and inserting ``60 days''.

    SEC. 1504. SCIENCE AND TECHNOLOGY INVESTMENT STRATEGY TO DEFEAT OR
                  COUNTER IMPROVISED EXPLOSIVE DEVICES.

        (a) Strategy Required.--The Director of the Joint Improvised
    Explosive Device Defeat Organization (JIEDDO), jointly with the
    Director of Defense Research and Engineering, shall develop a
    comprehensive science and technology investment strategy for countering
    the threat of improvised explosive devices (IEDs).
        (b) Elements.--The strategy developed under subsection (a) shall
    include the following:
                (1) Identification of counter-IED capability gaps.
                (2) A taxonomy describing the major technical areas for the
            Department of Defense to address the counter-IED capability
            gaps and in which science and technology funding investments
            should be made.
                (3) Identification of funded programs to develop or mature
            technologies from or to the level of system or subsystem model
            or prototype demonstration in a relevant environment, and
            investment levels for those initiatives.
                (4) Identification of JIEDDO's mechanisms for coordinating
            Department of Defense and Federal Government science and
            technology activities in areas covered by the strategy.
                (5) Identification of technology transition mechanisms
            developed or utilized to efficiently transition technologies to
            acquisition programs of the Department of Defense or into
            operational use, including a summary of counter-IED
            technologies transitioned from JIEDDO, the military
            departments, and other Defense Agencies to the acquisition
            programs or into operational use.
                (6) Identification of high priority basic research efforts
            that should be addressed through JIEDDO or other Department of
            Defense activities to support development of next generation
            IED defeat capabilities.
                (7) Identification of barriers or issues, such as
            industrial base, workforce, or statutory or regulatory
            barriers, that could hinder the efficient and effective
            development and operational use of advanced IED defeat
            capabilities, and discussion of activities undertaken to
            address them.
                (8) Identification of the measures of effectiveness for the
            overall Department of Defense science and technology counter-
            IED effort.
                (9) Such other matters as the Director of the JIEDDO and
            the Director of Defense Research and Engineering consider
            appropriate.
        (c) Report.--Not later than March 1, 2009, and each March 1
    thereafter through March 1, 2013, the Director of the JIEDDO and the
    Director of Defense Research and Engineering shall jointly submit to
    the congressional defense committees a report describing the
    implementation of the strategy developed under subsection (a). The
    report may be in unclassified and classified format, as necessary.

    SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

        Funds appropriated pursuant to the authorization of appropriations
    in section 1501 of this Act or in the Supplemental Appropriations Act,
    2008 (Public Law 110-252; 122 Stat. 2407) and made available to the
    Department of Defense for the Iraq Security Forces Fund shall be
    subject to the conditions contained in subsections (b) through (g) of
    section 1512 of the National Defense Authorization Act for Fiscal Year
    2008 (Public Law 110-181; 122 Stat. 426).

    SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND.

        Funds appropriated pursuant to the authorization of appropriations
    in section 1501 of this Act or in the Supplemental Appropriations Act,
    2008 (Public Law 110-252; 122 Stat. 2407) and made available to the
    Department of Defense for the Afghanistan Security Forces Fund shall be
    subject to the conditions contained in subsections (b) through (g) of
    section 1513 of the National Defense Authorization Act for Fiscal Year
    2008 (Public Law 110-181; 122 Stat. 428).

    SEC. 1507. SPECIAL TRANSFER AUTHORITY.

        (a) Authority To Transfer Authorizations.--
                (1) Authority.--Upon determination by the Secretary of
            Defense that such action is necessary in the national interest,
            the Secretary may transfer amounts of authorizations made
            available to the Department of Defense in this title for fiscal
            year 2009 between any such authorizations for that fiscal year
            (or any subdivisions thereof). Amounts of authorizations so
            transferred shall be merged with and be available for the same
            purposes as the authorization to which transferred.
                (2) Limitation.--The total amount of authorizations that
            the Secretary may transfer under the authority of this section
            may not exceed $4,000,000,000.
        (b) Terms and Conditions.--Transfers under this section shall be
    subject to the same terms and conditions as transfers under section
    1001.
        (c) Additional Authority.--The transfer authority provided by this
    section is in addition to the transfer authority provided under section
    1001.

    SEC. 1508. PROHIBITION ON USE OF UNITED STATES FUNDS FOR CERTAIN
                  FACILITIES PROJECTS IN IRAQ AND CONTRIBUTIONS BY THE
                  GOVERNMENT OF IRAQ TO COMBINED OPERATIONS AND OTHER
                  ACTIVITIES IN IRAQ.

        (a) Prohibition Related to Facilities for Government of Iraq.--
                (1) Prohibition on availability of united states funds for
            projects.--Except as provided in paragraph (2), amounts
            authorized to be appropriated by this title may not be
            obligated or expended for the acquisition, conversion,
            rehabilitation, or installation of facilities in Iraq for the
            use of the Government of Iraq, political subdivisions of Iraq,
            or agencies, departments, or forces of the Government of Iraq
            or such political subdivisions.
                (2) Exceptions.--
                        (A) Exception for cerp.--The prohibition in
                    paragraph (1) does not apply to amounts authorized to
                    be appropriated by this title for the Commanders'
                    Emergency Response Program (CERP).
                        (B) Exception for military construction.--The
                    prohibition in paragraph (1) does not apply to military
                    construction (as defined in section 2801 of title 10,
                    United States Code), carried out in Iraq.
                        (C) Exception for technical assistance.--The
                    prohibition in paragraph (1) does not apply to the
                    provision of technical assistance necessary to assist
                    the Government of Iraq to carry out facilities projects
                    on its own behalf.
        (b) Combined Operations.--
                (1) Cost sharing.--The United States Government shall
            initiate negotiations with the Government of Iraq on an
            agreement under which the Government of Iraq shall share with
            the United States Government the costs of combined operations
            of the Government of Iraq and the Multi-National Forces Iraq
            undertaken as part of Operation Iraqi Freedom.
                (2) Report.--Not later than 90 days after the date of the
            enactment of this Act, the Secretary of State shall, in
            conjunction with the Secretary of Defense, submit to Congress a
            report describing the status of negotiations under paragraph
            (1).
        (c) Iraqi Security Forces.--
                (1) Use of iraq funds.--The United States Government shall
            take actions to ensure that Iraq funds are used to pay the
            costs of the salaries, training, equipping, and sustainment of
            Iraqi Security Forces.
                (2) Reports.--Not later than 90 days after the date of the
            enactment of this Act, and every 180 days thereafter, the
            President shall submit to Congress a report setting forth an
            assessment of the progress made in meeting the requirements of
            paragraph (1).

        TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

    SEC. 1601. SHORT TITLE.

        This title may be cited as the ``Reconstruction and Stabilization
    Civilian Management Act of 2008''.

    SEC. 1602. FINDINGS.

        Congress finds the following:
                (1) In June 2004, the Office of the Coordinator for
            Reconstruction and Stabilization (referred to as the
            ``Coordinator'') was established in the Department of State
            with the mandate to lead, coordinate, and institutionalize
            United States Government civilian capacity to prevent or
            prepare for post-conflict situations and help reconstruct and
            stabilize a country or region that is at risk of, in, or is in
            transition from, conflict or civil strife.
                (2) In December 2005, the Coordinator's mandate was
            reaffirmed by the National Security Presidential Directive 44,
            which instructed the Secretary of State, and at the Secretary's
            direction, the Coordinator, to coordinate and lead integrated
            United States Government efforts, involving all United States
            departments and agencies with relevant capabilities, to
            prepare, plan for, and conduct reconstruction and stabilization
            operations.
                (3) National Security Presidential Directive 44 assigns to
            the Secretary, with the Coordinator's assistance, the lead role
            to develop reconstruction and stabilization strategies, ensure
            civilian interagency program and policy coordination,
            coordinate interagency processes to identify countries at risk
            of instability, provide decision-makers with detailed options
            for an integrated United States Government response in
            connection with reconstruction and stabilization operations,
            and carry out a wide range of other actions, including the
            development of a civilian surge capacity to meet reconstruction
            and stabilization emergencies. The Secretary and the
            Coordinator are also charged with coordinating with the
            Department of Defense on reconstruction and stabilization
            responses, and integrating planning and implementing
            procedures.
                (4) The Department of Defense issued Directive 3000.05,
            which establishes that stability operations are a core United
            States military mission that the Department of Defense must be
            prepared to conduct and support, provides guidance on stability
            operations that will evolve over time, and assigns
            responsibilities within the Department of Defense for planning,
            training, and preparing to conduct and support stability
            operations.
                (5) The President's Fiscal Year 2009 Budget Request to
            Congress includes $248.6 million for a Civilian Stabilization
            Initiative that would vastly improve civilian partnership with
            United States Armed Forces in post-conflict stabilization
            situations, including by establishing a Active Response Corps
            of 250 persons, a Standby Response Corps of 2,000 persons, and
            a Civilian Response Corps of 2,000 persons.

    SEC. 1603. DEFINITIONS.

        In this title:
                (1) Administrator.--The term ``Administrator'' means the
            Administrator of the United States Agency for International
            Development.
                (2) Agency.--The term ``agency'' means any entity included
            in chapter 1 of title 5, United States Code.
                (3) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the Committee on
            Foreign Affairs of the House of Representatives and the
            Committee on Foreign Relations of the Senate.
                (4) Department.--Except as otherwise provided in this
            title, the term ``Department'' means the Department of State.
                (5) Personnel.--The term ``personnel'' means individuals
            serving in any service described in section 2101 of title 5,
            United States Code, other than in the legislative or judicial
            branch.
                (6) Secretary.--The term ``Secretary'' means the Secretary
            of State.

    SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND
                  STABILIZATION CRISES.

        Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
    U.S.C. 2351 et seq.) is amended by inserting after section 617 the
    following new section:

    ``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.

        ``(a) Assistance.--
                ``(1) In general.--If the President determines that it is
            in the national security interests of the United States for
            United States civilian agencies or non-Federal employees to
            assist in reconstructing and stabilizing a country or region
            that is at risk of, in, or is in transition from, conflict or
            civil strife, the President may, in accordance with the
            provisions set forth in section 614(a)(3), but notwithstanding
            any other provision of law, and on such terms and conditions as
            the President may determine, furnish assistance to such country
            or region for reconstruction or stabilization using funds
            described in paragraph (2).
                ``(2) Funds described.--The funds referred to in paragraph
            (1) are funds made available under any other provision of this
            Act, and transferred or reprogrammed for purposes of this
            section, and such transfer or reprogramming shall be subject to
            the procedures applicable to a notification under section 634A
            of this Act.
                ``(3) Rule of construction.--Nothing in this section shall
            be construed to provide authority to transfer funds between
            accounts or between Federal departments or agencies.
        ``(b) Limitation.--The authority contained in this section may be
    exercised only during fiscal years 2009, 2010, and 2011.''.

    SEC. 1605. RECONSTRUCTION AND STABILIZATION.

        Title I of the State Department Basic Authorities Act of 1956 (22
    U.S.C. 2651a et seq.) is amended by adding at the end the following new
    section:

    ``SEC. 62. RECONSTRUCTION AND STABILIZATION.

        ``(a) Office of the Coordinator for Reconstruction and
    Stabilization.--
                ``(1) Establishment.--There is established within the
            Department of State the Office of the Coordinator for
            Reconstruction and Stabilization.
                ``(2) Coordinator for reconstruction and stabilization.--
            The head of the Office shall be the Coordinator for
            Reconstruction and Stabilization, who shall be appointed by the
            President, by and with the advice and consent of the Senate.
            The Coordinator shall report directly to the Secretary.
                ``(3) Functions.--The functions of the Office of the
            Coordinator for Reconstruction and Stabilization shall include
            the following:
                        ``(A) Monitoring, in coordination with relevant
                    bureaus and offices of the Department of State and the
                    United States Agency for International Development
                    (USAID), political and economic instability worldwide
                    to anticipate the need for mobilizing United States and
                    international assistance for the reconstruction and
                    stabilization of a country or region that is at risk
                    of, in, or are in transition from, conflict or civil
                    strife.
                        ``(B) Assessing the various types of reconstruction
                    and stabilization crises that could occur and
                    cataloging and monitoring the non-military resources
                    and capabilities of agencies (as such term is defined
                    in section 1603 of the Reconstruction and Stabilization
                    Civilian Management Act of 2008) that are available to
                    address such crises.
                        ``(C) Planning, in conjunction with USAID, to
                    address requirements, such as demobilization,
                    disarmament, rebuilding of civil society, policing,
                    human rights monitoring, and public information, that
                    commonly arise in reconstruction and stabilization
                    crises.
                        ``(D) Coordinating with relevant agencies to
                    develop interagency contingency plans and procedures to
                    mobilize and deploy civilian personnel and conduct
                    reconstruction and stabilization operations to address
                    the various types of such crises.
                        ``(E) Entering into appropriate arrangements with
                    agencies to carry out activities under this section and
                    the Reconstruction and Stabilization Civilian
                    Management Act of 2008.
                        ``(F) Identifying personnel in State and local
                    governments and in the private sector who are available
                    to participate in the Civilian Reserve Corps
                    established under subsection (b) or to otherwise
                    participate in or contribute to reconstruction and
                    stabilization activities.
                        ``(G) Taking steps to ensure that training and
                    education of civilian personnel to perform such
                    reconstruction and stabilization activities is adequate
                    and is carried out, as appropriate, with other agencies
                    involved with stabilization operations.
                        ``(H) Taking steps to ensure that plans for United
                    States reconstruction and stabilization operations are
                    coordinated with and complementary to reconstruction
                    and stabilization activities of other governments and
                    international and nongovernmental organizations, to
                    improve effectiveness and avoid duplication.
                        ``(I) Maintaining the capacity to field on short
                    notice an evaluation team consisting of personnel from
                    all relevant agencies to undertake on-site needs
                    assessment.
        ``(b) Response Readiness Corps.--
                ``(1) Response readiness corps.--The Secretary, in
            consultation with the Administrator of the United States Agency
            for International Development and the heads of other
            appropriate agencies of the United States Government, may
            establish and maintain a Response Readiness Corps (referred to
            in this section as the `Corps') to provide assistance in
            support of reconstruction and stabilization operations in
            countries or regions that are at risk of, in, or are in
            transition from, conflict or civil strife. The Corps shall be
            composed of active and standby components consisting of United
            States Government personnel, including employees of the
            Department of State, the United States Agency for International
            Development, and other agencies who are recruited and trained
            (and employed in the case of the active component) to provide
            such assistance when deployed to do so by the Secretary to
            support the purposes of this Act.
                ``(2) Civilian reserve corps.--The Secretary, in
            consultation with the Administrator of the United States Agency
            for International Development, may establish a Civilian Reserve
            Corps for which purpose the Secretary is authorized to employ
            and train individuals who have the skills necessary for
            carrying out reconstruction and stabilization activities, and
            who have volunteered for that purpose. The Secretary may deploy
            members of the Civilian Reserve Corps pursuant to a
            determination by the President under section 618 of the Foreign
            Assistance Act of 1961.
                ``(3) Mitigation of domestic impact.--The establishment and
            deployment of any Civilian Reserve Corps shall be undertaken in
            a manner that will avoid substantively impairing the capacity
            and readiness of any State and local governments from which
            Civilian Reserve Corps personnel may be drawn.
        ``(c) Existing Training and Education Programs.--The Secretary
    shall ensure that personnel of the Department, and, in coordination
    with the Administrator of USAID, that personnel of USAID, make use of
    the relevant existing training and education programs offered within
    the Government, such as those at the Center for Stabilization and
    Reconstruction Studies at the Naval Postgraduate School and the
    Interagency Training, Education, and After Action Review Program at the
    National Defense University.''.

    SEC. 1606. AUTHORITIES RELATED TO PERSONNEL.

        (a) Extension of Certain Foreign Service Benefits.--The Secretary,
    or the head of any agency with respect to personnel of that agency, may
    extend to any individuals assigned, detailed, or deployed to carry out
    reconstruction and stabilization activities pursuant to section 62 of
    the State Department Basic Authorities Act of 1956 (as added by section
    1605 of this title), the benefits or privileges set forth in sections
    413, 704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 3973,
    22 U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and manner that
    such benefits and privileges are extended to members of the Foreign
    Service.
        (b) Authority Regarding Details.--The Secretary is authorized to
    accept details or assignments of any personnel, and any employee of a
    State or local government, on a reimbursable or nonreimbursable basis
    for the purpose of carrying out this title, and the head of any agency
    is authorized to detail or assign personnel of such agency on a
    reimbursable or nonreimbursable basis to the Department of State for
    purposes of section 62 of the State Department Basic Authorities Act of
    1956, as added by section 1605 of this title.

    SEC. 1607. RECONSTRUCTION AND STABILIZATION STRATEGY.

        (a) In General.--The Secretary of State, in consultation with the
    Administrator of the United States Agency for International
    Development, shall develop an interagency strategy to respond to
    reconstruction and stabilization operations.
        (b) Contents.--The strategy required under subsection (a) shall
    include the following:
                (1) Identification of and efforts to improve the skills
            sets needed to respond to and support reconstruction and
            stabilization operations in countries or regions that are at
            risk of, in, or are in transition from, conflict or civil
            strife.
                (2) Identification of specific agencies that can adequately
            satisfy the skills sets referred to in paragraph (1).
                (3) Efforts to increase training of Federal civilian
            personnel to carry out reconstruction and stabilization
            activities.
                (4) Efforts to develop a database of proven and best
            practices based on previous reconstruction and stabilization
            operations.
                (5) A plan to coordinate the activities of agencies
            involved in reconstruction and stabilization operations.

    SEC. 1608. ANNUAL REPORTS TO CONGRESS.

        Not later than 180 days after the date of the enactment of this Act
    and annually for each of the five years thereafter, the Secretary of
    State shall submit to the appropriate congressional committees a report
    on the implementation of this title. The report shall include detailed
    information on the following:
                (1) Any steps taken to establish a Response Readiness Corps
            and a Civilian Reserve Corps, pursuant to section 62 of the
            State Department Basic Authorities Act of 1956 (as added by
            section 1605 of this title).
                (2) The structure, operations, and cost of the Response
            Readiness Corps and the Civilian Reserve Corps, if established.
                (3) How the Response Readiness Corps and the Civilian
            Reserve Corps coordinate, interact, and work with other United
            States foreign assistance programs.
                (4) An assessment of the impact that deployment of the
            Civilian Reserve Corps, if any, has had on the capacity and
            readiness of any domestic agencies or State and local
            governments from which Civilian Reserve Corps personnel are
            drawn.
                (5) The reconstruction and stabilization strategy required
            by section 1607 and any annual updates to that strategy.
                (6) Recommendations to improve implementation of subsection
            (b) of section 62 of the State Department Basic Authorities Act
            of 1956, including measures to enhance the recruitment and
            retention of an effective Civilian Reserve Corps.
                (7) A description of anticipated costs associated with the
            development, annual sustainment, and deployment of the Civilian
            Reserve Corps.

                DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

    SEC. 2001. SHORT TITLE.

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

    SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
                  SPECIFIED BY LAW.

        (a) Expiration of Authorizations After Three Years.--Except as
    provided in subsection (b), all authorizations contained in titles XXI
    through XXVII and title XXIX for military construction projects, land
    acquisition, family housing projects and facilities, and contributions
    to the North Atlantic Treaty Organization Security Investment Program
    (and authorizations of appropriations therefor) shall expire on the
    later of--
                (1) October 1, 2011; or
                (2) the date of the enactment of an Act authorizing funds
            for military construction for fiscal year 2012.
        (b) Exception.--Subsection (a) shall not apply to authorizations
    for military construction projects, land acquisition, family housing
    projects and facilities, and contributions to the North Atlantic Treaty
    Organization Security Investment Program (and authorizations of
    appropriations therefor), for which appropriated funds have been
    obligated before the later of--
                (1) October 1, 2011; or
                (2) the date of the enactment of an Act authorizing funds
            for fiscal year 2012 for military construction projects, land
            acquisition, family housing projects and facilities, or
            contributions to the North Atlantic Treaty Organization
            Security Investment Program.

    SEC. 2003. EFFECTIVE DATE.

        Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall
    take effect on the later of--
                (1) October 1, 2008; or
                (2) the date of the enactment of this Act.

                                TITLE XXI--ARMY

    Sec. 2101. Authorized Army construction and land acquisition projects.
    Sec. 2102. Family housing.
    Sec. 2103. Improvements to military family housing units.
    Sec. 2104. Authorization of appropriations, Army.
    Sec. 2105. Modification of authority to carry out certain fiscal year
                                2008 projects.
    Sec. 2106. Modification of authority to carry out certain fiscal year
                                2007 projects.
    Sec. 2107. Extension of authorizations of certain fiscal year 2006
                                projects.
    Sec. 2108. Extension of authorization of certain fiscal year 2005
                                project.

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

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

                                             Army: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                        State                                  Installation or Location                   Amount
    ----------------------------------------------------------------------------------------------------------------
    Alabama.....................................  Anniston Army Depot..............................      $46,400,000
                                                  Fort Rucker......................................       $6,800,000
                                                  Redstone Arsenal.................................      $16,500,000
    Alaska......................................  Fort Richardson..................................      $18,100,000
                                                  Fort Wainwright..................................     $110,400,000
    Arizona.....................................  Fort Huachuca....................................      $13,200,000
                                                  Yuma Proving Ground..............................       $3,800,000
    California..................................  Fort Irwin.......................................      $39,600,000
                                                  Presidio, Monterey...............................      $15,000,000
                                                  Sierra Army Depot................................      $12,400,000
    Colorado....................................  Fort Carson......................................     $534,000,000
    Georgia.....................................  Fort Benning.....................................     $267,800,000
                                                  Fort Stewart/Hunter Army Air Field...............     $432,300,000
    Hawaii......................................  Pohakuloa Training Area..........................      $30,000,000
                                                  Schofield Barracks...............................     $279,000,000
                                                  Wahiawa..........................................      $40,000,000
    Indiana.....................................  Crane Army Ammunition Activity...................       $8,300,000
    Kansas......................................  Fort Leavenworth.................................       $4,200,000
                                                  Fort Riley.......................................     $158,000,000
    Kentucky....................................  Fort Campbell....................................     $118,113,000
    Louisiana...................................  Fort Polk........................................      $29,000,000
    Michigan....................................  Detroit Arsenal..................................       $6,100,000
    Missouri....................................  Fort Leonard Wood................................      $42,550,000
    New Jersey..................................  Picatinny Arsenal................................       $9,900,000
    New York....................................  Fort Drum........................................      $96,900,000
                                                  United States Military Academy...................      $67,000,000
    North Carolina..............................  Fort Bragg.......................................      $58,400,000
    Oklahoma....................................  Fort Sill........................................      $63,000,000
                                                  McAlester Army Ammunition Plant..................       $5,800,000
    Pennsylvania................................  Carlisle Barracks................................      $13,400,000
                                                  Letterkenny Army Depot...........................       $7,500,000
                                                  Tobyhanna Army Depot.............................      $15,000,000
    South Carolina..............................  Fort Jackson.....................................      $30,000,000
    Texas.......................................  Camp Bullis......................................       $4,200,000
                                                  Corpus Christi Army Depot........................      $39,000,000
                                                  Fort Bliss.......................................   $1,044,300,000
                                                  Fort Hood........................................      $49,500,000
                                                  Fort Sam Houston.................................      $96,000,000
                                                  Red River Army Depot.............................       $6,900,000
    Virginia....................................  Fort Belvoir.....................................       $7,200,000
                                                  Fort Eustis......................................      $31,900,000
                                                  Fort Lee.........................................     $100,600,000
                                                  Fort Myer........................................      $14,000,000
    Washington..................................  Fort Lewis.......................................     $158,000,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2104(a)(2), the
    Secretary of the Army may acquire real property and carry out military
    construction projects for the installations or locations outside the
    United States, and in the amounts, set forth in the following table:

                                             Army: Outside the United States
    ----------------------------------------------------------------------------------------------------------------
                        Country                                 Installation or Location                  Amount
    ----------------------------------------------------------------------------------------------------------------
    Afghanistan...................................  Bagram Air Base................................      $67,000,000
    Germany.......................................  Katterbach.....................................      $19,000,000
                                                    Wiesbaden Air Base.............................     $119,000,000
    Japan.........................................  Camp Zama......................................       $2,350,000
                                                    Sagamihara.....................................      $17,500,000
    Korea.........................................  Camp Humphreys.................................      $20,000,000
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2102. FAMILY HOUSING.

        (a) Construction and Acquisition.--Using amounts appropriated
    pursuant to the authorization of appropriations in section
    2104(a)(5)(A), the Secretary of the Army may construct or acquire
    family housing units (including land acquisition and supporting
    facilities) at the installations or locations, in the number of units,
    and in the amounts set forth in the following table:

                                                  Army: Family Housing
    ----------------------------------------------------------------------------------------------------------------
                    Country                    Installation or Location              Units                Amount
    ----------------------------------------------------------------------------------------------------------------
    Germany................................  Wiesbaden Air Base.........  326.......................    $133,000,000
    Korea..................................  Camp Humphreys.............  216.......................    $125,000,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Planning and Design.--Using amounts appropriated pursuant to
    the authorization of appropriations in section 2104(a)(5)(A), the
    Secretary of the Army may carry out architectural and engineering
    services and construction design activities with respect to the
    construction or improvement of family housing units in an amount not to
    exceed $579,000.

    SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

        Subject to section 2825 of title 10, United States Code, and using
    amounts appropriated pursuant to the authorization of appropriations in
    section 2104(a)(5)(A), the Secretary of the Army may improve existing
    military family housing units in an amount not to exceed $420,001,000.

    SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

        (a) In General.--Funds are hereby authorized to be appropriated for
    fiscal years beginning after September 30, 2008, for military
    construction, land acquisition, and military family housing functions
    of the Department of the Army in the total amount of $5,973,388,000, as
    follows:
                (1) For military construction projects inside the United
            States authorized by section 2101(a), $4,010,063,000.
                (2) For military construction projects outside the United
            States authorized by section 2101(b), $185,350,000.
                (3) For unspecified minor military construction projects
            authorized by section 2805 of title 10, United States Code,
            $23,000,000.
                (4) For host nation support and architectural and
            engineering services and construction design under section 2807
            of title 10, United States Code, $178,685,000.
                (5) For military family housing functions:
                        (A) For construction and acquisition, planning and
                    design, and improvement of military family housing and
                    facilities, $646,580,000.
                        (B) For support of military family housing
                    (including the functions described in section 2833 of
                    title 10, United States Code), $716,110,000.
                (6) For the construction of increment 3 of a barracks
            complex at Fort Lewis, Washington, authorized by section
            2101(a) of the Military Construction Authorization Act for
            Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
            2445), as amended by section 20814 of the Continuing
            Appropriations Resolution, 2007 (division B of Public Law 109-
            289), as added by section 2 of the Revised Continuing
            Resolution, 2007 (Public Law 110-5; 121 Stat 41), $102,000,000.
                (7) For the construction of increment 2 of the United
            States Southern Command Headquarters at Miami Doral, Florida,
            authorized by section 2101(a) of the Military Construction
            Authorization Act for Fiscal Year 2008 (division B of Public
            Law 110-181; 122 Stat. 504), $81,600,000.
                (8) For the construction of increment 2 of the brigade
            complex operations support facility at Vicenza, Italy,
            authorized by section 2101(b) of the Military Construction
            Authorization Act for Fiscal Year 2008 (division B of Public
            Law 110-181; 122 Stat. 505), $15,000,000.
                (9) For the construction of increment 2 of the brigade
            complex barracks and community support facility at Vicenza,
            Italy, authorized by section 2101(b) of the Military
            Construction Authorization Act for Fiscal Year 2008 (division B
            of Public Law 110-181; 122 Stat. 505), $15,000,000.
        (b) Limitation on Total Cost of Construction Projects.--
    Notwithstanding the cost variations authorized by section 2853 of title
    10, United States Code, and any other cost variation authorized by law,
    the total cost of all projects carried out under section 2401 of this
    Act may not exceed the sum of the following:
                (1) The total amount authorized to be appropriated under
            paragraphs (1) and (2) of subsection (a).
                (2) $60,000,000 (the balance of the amount authorized under
            section 2101(a) for barracks and a dining facility at Fort
            Carson, Colorado).
                (3) $80,000,000 (the balance of the amount authorized under
            section 2101(a) for barracks and a dining facility at Fort
            Stewart, Georgia).
                (4) $59,500,000 (the balance of the amount authorized under
            section 2101(b) for the construction of a headquarters element
            in Wiesbaden, Germany).
                (5) $101,000,000 (the balance of the amount authorized
            under section 2102(a) for family housing at Wiesbaden,
            Germany).

    SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                  2008 PROJECTS.

        (a) Inside the United States Projects.--The table in section
    2101(a) of the Military Construction Authorization Act for Fiscal Year
    2008 (division B of Public Law 110-181; 122 Stat. 504) is amended--
                (1) in the item relating to Hawthorne Army Ammunition
            Plant, Nevada, by striking ``$11,800,000'' in the amount column
            and inserting ``$7,300,000'';
                (2) in the item relating to Fort Drum, New York, by
            striking ``$311,200,000'' in the amount column and inserting
            ``$304,600,000''; and
                (3) in the item relating to Fort Bliss, Texas, by striking
            ``$118,400,000'' in the amount column and inserting
            ``$111,900,000''.
        (b) Conforming Amendments.--Section 2104(a) of that Act (122 Stat.
    506) is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``$5,106,703,000'' and inserting ``$5,089,103,000''; and
                (2) in paragraph (1), by striking ``$3,198,150,000'' and
            inserting ``$3,180,550,000''.

    SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                  2007 PROJECTS.

        (a) Inside the United States Projects.--The table in section
    2101(a) of the Military Construction Authorization Act for Fiscal Year
    2007 (division B of Public Law 109-364; 120 Stat. 2445), as amended by
    section 20814 of the Continuing Appropriations Resolution, 2007
    (division B of Public Law 109-289) and section 2105(a) of the Military
    Construction Authorization Act for Fiscal Year 2008 (division B of
    Public Law 110-181; 122 Stat. 507), is further amended in the item
    relating to Fort Bragg, North Carolina, by striking ``$96,900,000'' in
    the amount column and inserting ``$75,900,000''.
        (b) Outside the United States Projects.--The table in section
    2101(b) of the Military Construction Authorization Act for Fiscal Year
    2007 (division B of Public Law 109-364; 120 Stat. 2446), as amended by
    section 2106(a) of the Military Construction Authorization Act for
    Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 508), is
    further amended in the item relating to Vicenza, Italy, by striking
    ``$223,000,000'' in the amount column and inserting ``$208,280,000''.
        (c) Conforming Amendments.--Section 2104(a) of the Military
    Construction Authorization Act for Fiscal Year 2007 (division B of
    Public Law 109-364; 120 Stat. 2447), as amended by section 2105(b) of
    the Military Construction Authorization Act for Fiscal Year 2008
    (division B of Public Law 110-181; 122 Stat. 508), is further amended--
                (1) in the matter preceding paragraph (1), by striking
            ``$3,275,700,000'' and inserting ``$3,239,980,000'';
                (2) in paragraph (1), by striking ``$1,119,450,000'' and
            inserting ``$1,098,450,000''; and
                (3) in paragraph (2), by striking ``$510,582,00'' and
            inserting ``$495,862,000''.

    SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
                  PROJECTS.

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2006 (division B of
    Public Law 109-163; 119 Stat. 3501), the authorizations set forth in
    the table in subsection (b), as provided in section 2101 of that Act
    (119 Stat. 3485), shall remain in effect until October 1, 2009, or the
    date of the enactment of an Act authorizing funds for military
    construction for fiscal year 2010, whichever is later.
        (b) Table.--The table referred to in subsection (a) is as follows:

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

    SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005
                  PROJECT.

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2005 (division B of
    Public Law 108-375; 118 Stat. 2116), the authorization set forth in the
    table in subsection (b), as provided in section 2101 of that Act (118
    Stat. 2101) and extended by section 2108 of the Military Construction
    Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
    181; 122 Stat. 508), shall remain in effect until October 1, 2009, or
    the date of the enactment of an Act authorizing funds for military
    construction for fiscal year 2010, whichever is later.
        (b) Table.--The table referred to in subsection (a) is as follows:

                                      Army: Extension of 2005 Project Authorization
    ----------------------------------------------------------------------------------------------------------------
                     State                  Installation or Location               Project                  Amount
    ----------------------------------------------------------------------------------------------------------------
    Hawaii................................  Schofield Barracks......  Training Facility................  $35,542,000
    ----------------------------------------------------------------------------------------------------------------

                                TITLE XXII--NAVY

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

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

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

                                                Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                         State                                  Installation or Location                  Amount
    ----------------------------------------------------------------------------------------------------------------
    Arizona.......................................  Marine Corps Air Station, Yuma.................      $19,490,000
    California....................................  Marine Corps Logistics Base, Barstow...........       $7,830,000
                                                    Marine Corps Base, Camp Pendleton..............     $799,870,000
                                                    Naval Air Facility, El Centro..................       $8,900,000
                                                    Marine Corps Air Station, Miramar..............      $48,770,000
                                                    Naval Post Graduate School, Monterey...........       $9,900,000
                                                    Naval Air Station, North Island................      $60,152,000
                                                    Naval Facility, San Clemente Island............      $34,020,000
                                                    Marine Corps Recruit Depot, San Diego..........      $51,220,000
                                                    Marine Corps Base, Twentynine Palms............     $155,310,000
    Connecticut...................................  Naval Submarine Base, Groton...................      $46,060,000
                                                    Naval Submarine Base, New London...............      $11,000,000
    District of Columbia..........................  Naval Support Activity, Washington.............      $24,220,000
    Florida.......................................  Naval Air Station, Jacksonville................      $12,890,000
                                                    Naval Station, Mayport.........................      $18,280,000
                                                    Naval Support Activity, Tampa..................      $29,000,000
    Georgia.......................................  Marine Corps Logistics Base, Albany............      $15,320,000
                                                    Naval Submarine Base, Kings Bay................       $6,130,000
    Hawaii........................................  Pacific Missile Range, Barking Sands...........      $28,900,000
                                                    Marine Corps Base, Kaneohe.....................      $28,200,000
                                                    Naval Station, Pearl Harbor....................      $80,290,000
    Illinois......................................  Recruit Training Command, Great Lakes..........      $62,940,000
    Maine.........................................  Portsmouth Naval Shipyard......................      $30,640,000
    Maryland......................................  Naval Surface Warfare Center, Carderock........       $6,980,000
                                                    Naval Surface Warfare Center, Indian Head......      $25,980,000
    Mississippi...................................  Naval Construction Battalion Center, Gulfport..      $12,770,000
                                                    Naval Air Station, Meridian....................       $6,340,000
    New Jersey....................................  Naval Air Warfare Center, Lakehurst............      $15,440,000
                                                    Naval Weapons Station, Earle...................       $8,160,000
    North Carolina................................  Marine Corps Base, Camp Lejeune................     $353,090,000
                                                    Marine Corps Air Station, Cherry Point.........      $77,420,000
                                                    Marine Corps Air Station, New River............      $86,280,000
    Pennsylvania..................................  Naval Support Activity, Philadelphia...........      $22,020,000
    Rhode Island..................................  Naval Station, Newport.........................      $39,800,000
    South Carolina................................  Marine Corps Air Station, Beaufort.............       $5,940,000
                                                    Marine Corps Recruit Depot, Parris Island......      $64,750,000
    Texas.........................................  Naval Air Station, Corpus Christi..............       $3,500,000
                                                    Naval Air Station, Kingsville..................      $11,580,000
    Virginia......................................  Naval Station, Norfolk.........................      $73,280,000
                                                    Marine Corps Base, Quantico....................     $150,290,000
    Washington....................................  Naval Base, Kitsap.............................       $5,110,000
                                                    Naval Air Station Whidbey Island...............       $6,160,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2204(2), the
    Secretary of the Navy may acquire real property and carry out military
    construction projects for the installation or location outside the
    United States, and in the amounts, set forth in the following table:

                                             Navy: Outside the United States
    ----------------------------------------------------------------------------------------------------------------
                        Country                                 Installation or Location                  Amount
    ----------------------------------------------------------------------------------------------------------------
    Cuba..........................................  Naval Air Station, Guantanamo Bay...............     $20,600,000
    Diego Garcia..................................  Diego Garcia....................................     $35,060,000
    Djibouti......................................  Camp Lemonier...................................     $31,410,000
    Guam..........................................  Naval Activities, Guam..........................     $88,430,000
    ----------------------------------------------------------------------------------------------------------------

        (c) Unspecified Worldwide.--Using the amounts appropriated pursuant
    to the authorization of appropriations in section 2204(3), the
    Secretary of the Navy may acquire real property and carry out military
    construction projects for unspecified installations or locations in the
    amounts set forth in the following table:

                                               Navy: Unspecified Worldwide
    ----------------------------------------------------------------------------------------------------------------
                        Location                                 Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Worldwide Unspecified..........................  Unspecified Worldwide..........................    $101,020,000
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2202. FAMILY HOUSING.

        (a) Construction and Acquisition.--Using amounts appropriated
    pursuant to the authorization of appropriations in section 2204(6)(A),
    the Secretary of the Navy may construct or acquire family housing units
    (including land acquisition and supporting facilities) at the
    installations or locations, in the number of units, and in the amount
    set forth in the following table:

                                                  Navy: Family Housing
    ----------------------------------------------------------------------------------------------------------------
                   Location                Installation or Location                 Units                   Amount
    ----------------------------------------------------------------------------------------------------------------
    Guantanamo Bay.......................  Naval Air Station,        146                                 $59,943,000
                                            Guantanamo Bay.
    ----------------------------------------------------------------------------------------------------------------

        (b) Planning and Design.--Using amounts appropriated pursuant to
    the authorization of appropriations in section 2204(6)(A), the
    Secretary of the Navy may carry out architectural and engineering
    services and construction design activities with respect to the
    construction or improvement of family housing units in an amount not to
    exceed $2,169,000.

    SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

        Subject to section 2825 of title 10, United States Code, and using
    amounts appropriated pursuant to the authorization of appropriations in
    section 2204(6)(A), the Secretary of the Navy may improve existing
    military family housing units in an amount not to exceed $318,011,000.

    SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for military construction, land
    acquisition, and military family housing functions of the Department of
    the Navy in the total amount of $4,046,354,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2201(a), $2,564,312,000.
                (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),
            $101,020,000.
                (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, $246,528,000.
                (6) For military family housing functions:
                        (A) For construction and acquisition, planning and
                    design, and improvement of military family housing and
                    facilities, $380,123,000.
                        (B) For support of military family housing
                    (including functions described in section 2833 of title
                    10, United States Code), $376,062,000.
                (7) For the construction of increment 2 of the wharf
            extension at Naval Forces Marianas Islands, Guam, authorized by
            section 2201(b) of the Military Construction Authorization Act
            for Fiscal Year 2008 (division B of Public Law 110-181; 122
            Stat. 510), $50,912,000.
                (8) For the construction of increment 2 of the submarine
            drive-in magnetic silencing facility at Naval Submarine Base,
            Pearl Harbor, Hawaii, authorized in section 2201(a) of the
            Military Construction Authorization Act for Fiscal Year 2008
            (division B of Public Law 110-181; 122 Stat. 510), $41,088,000.
                (9) For the construction of increment 3 of the National
            Maritime Intelligence Center, Suitland, Maryland, authorized by
            section 2201(a) of the Military Construction Authorization Act
            for Fiscal Year 2007 (division B of Public Law 109-364; 120
            Stat. 2448), $12,439,000.
                (10) For the construction of increment 2 of hangar 5
            recapitalizations at Naval Air Station, Whidbey Island,
            Washington, authorized by section 2201(a) of the Military
            Construction Authorization Act of Fiscal Year 2007 (division B
            of Public Law 109-364; 120 Stat. 2448), $34,000,000.
                (11) For the construction of increment 5 of the limited
            area production and storage complex at Naval Submarine Base,
            Kitsap, Bangor, Washington (formerly referred to as a project
            at the Strategic Weapons Facility Pacific, Bangor), authorized
            by section 2201(a) of the Military Construction Authorization
            Act of Fiscal Year 2005 (division B of Public Law 108-375; 118
            Stat. 2106), as amended by section 2206 of the Military
            Construction Authorization Act for Fiscal Year 2006 (division B
            of Public law 109-163; 119 Stat. 3493) and section 2206 of the
            Military Construction Authorization Act for Fiscal Year 2008
            (division B of Public Law 110-181; 122 Stat. 514) $50,700,000.

    SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                  2005 PROJECT.

        The table in section 2201(a) of the Military Construction
    Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
    375; 118 Stat. 2105), as amended by section 2206 of the Military
    Construction Authorization Act for Fiscal Year 2006 (division B of
    Public Law 109-163; 119 Stat. 3493) and section 2206 of the Military
    Construction Authorization Act for Fiscal Year 2008 (division B of
    Public Law 110-181; 122 Stat. 514), is further amended--
                (1) in the item relating to Strategic Weapons Facility
            Pacific, Bangor, Washington, by striking ``$295,000,000'' in
            the amount column and inserting ``$311,670,000''; and
                (2) by striking the amount identified as the total in the
            amount column and inserting ``$1,084,497,000''.

    SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                  2007 PROJECTS.

        (a) Modifications.--The table in section 2201(a) of the Military
    Construction Authorization Act for Fiscal Year 2007 (division B of
    Public Law 109-364; 120 Stat. 2448), as amended by section 2205(a)(17)
    of the Military Construction Authorization Act for Fiscal Year 2008
    (division B of Public Law 110-181; 122 Stat. 513), is further amended--
                (1) in the item relating to NMIC/Naval Support Activity,
            Suitland, Maryland, by striking ``$67,939,000'' in the amount
            column and inserting ``$76,288,000''; and
                (2) in the item relating to Naval Air Station, Whidbey
            Island, Washington, by striking ``$57,653,000'' in the amount
            column and inserting ``$60,500,000''.
        (b) Conforming Amendments.--Section 2204(b) of the Military
    Construction Authorization Act for Fiscal Year 2007 (division B of
    Public Law 109-364; 120 Stat. 2452) is amended--
                (1) in paragraph (2), by striking ``$56,159,000'' and
            inserting ``$64,508,000''; and
                (2) in paragraph (3), by striking ``$31,153,000'' and
            inserting ``$34,000,000''.

                             TITLE XXIII--AIR FORCE

    Sec. 2301. Authorized Air Force construction and land acquisition
                                projects.
    Sec. 2302. Family housing.
    Sec. 2303. Improvements to military family housing units.
    Sec. 2304. Authorization of appropriations, Air Force.
    Sec. 2305. Extension of authorizations of certain fiscal year 2006
                                projects.
    Sec. 2306. Extension of authorizations of certain fiscal year 2005
                                projects.

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

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

                                           Air Force: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                         State                                 Installation or Location                  Amount
    ----------------------------------------------------------------------------------------------------------------
    Alabama........................................  Maxwell Air Force Base......................        $15,556,000
    Alaska.........................................  Elmendorf Air Force Base....................       $138,300,000
    Arizona........................................  Davis Monthan Air Force Base................        $15,000,000
    California.....................................  Edwards Air Force Base......................         $9,100,000
                                                     Travis Air Force Base.......................        $12,100,000
    Colorado.......................................  Peterson Air Force Base.....................         $4,900,000
                                                     United States Air Force Academy.............        $18,000,000
    Delaware.......................................  Dover Air Force Base........................        $19,000,000
    Florida........................................  Cape Canaveral Air Station..................         $8,000,000
                                                     Eglin Air Force Base........................        $19,000,000
                                                     MacDill Air Force Base......................        $26,000,000
                                                     Tyndall Air Force Base......................        $11,600,000
    Georgia........................................  Robins Air Force Base.......................        $29,350,000
    Kansas.........................................  McConnell Air Force Base....................         $6,800,000
    Louisiana......................................  Barksdale Air Force Base....................        $14,600,000
    Maryland.......................................  Andrews Air Force Base......................        $77,648,000
    Mississippi....................................  Columbus Air Force Base.....................         $8,100,000
                                                     Keesler Air Force Base......................         $6,600,000
    Missouri.......................................  Whiteman Air Force Base.....................         $4,200,000
    Montana........................................  Malmstrom Air Force Base....................        $10,000,000
    Nevada.........................................  Creech Air Force Base.......................        $48,500,000
                                                     Nellis Air Force Base.......................        $63,100,000
    New Jersey.....................................  McGuire Air Force Base......................         $7,200,000
     New Mexico....................................  Holloman Air Force Base.....................        $25,450,000
    North Carolina.................................  Seymour Johnson Air Force Base..............        $12,200,000
    North Dakota...................................  Grand Forks Air Force Base..................        $13,000,000
    Ohio...........................................  Wright Patterson Air Force Base.............        $14,000,000
    Oklahoma.......................................  Altus Air Force Base........................         10,200,000
                                                     Tinker Air Force Base.......................        $54,000,000
    South Carolina.................................   Charleston Air Force Base..................         $4,500,000
                                                     Shaw Air Force Base.........................         $9,900,000
    South Dakota...................................  Ellsworth Air Force Base....................        $11,000,000
    Texas..........................................  Dyess Air Force Base........................        $21,000,000
                                                     Fort Hood...................................        $10,800,000
                                                     Lackland Air Force Base.....................        $75,515,000
    Utah...........................................  Hill Air Force Base.........................        $41,400,000
    Washington.....................................  McChord Air Force Base......................         $5,500,000
    Wyoming........................................  Francis E. Warren Air Force Base............         $8,600,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2304(2), the
    Secretary of the Air Force may acquire real property and carry out
    military construction projects for the installations or locations
    outside the United States, and in the amounts, set forth in the
    following table:

                                          Air Force: Outside the United States
    ----------------------------------------------------------------------------------------------------------------
                         Country                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Afghanistan.....................................   Bagram Airfield.................................  $57,200,000
    Guam............................................  Andersen Air Force Base..........................  $10,600,000
    Kyrgyzstan......................................  Manas Air Base...................................   $6,000,000
    United Kingdom..................................  Royal Air Force Lakenheath.......................   $7,400,000
    ----------------------------------------------------------------------------------------------------------------

        (c) Unspecified Worldwide.--Using the amounts appropriated pursuant
    to the authorization of appropriations in section 2304(3), the
    Secretary of the Air Force may acquire real property and carry out
    military construction projects for unspecified installations or
    locations in the amounts set forth in the following table:

                                            Air Force: Unspecified Worldwide
    ----------------------------------------------------------------------------------------------------------------
                        Location                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Worldwide Unspecified...........................  Unspecified Worldwide Locations..................  $38,391,000
    ----------------------------------------------------------------------------------------------------------------

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

                                                Air Force: Family Housing
    ----------------------------------------------------------------------------------------------------------------
                    Country                   Installation or  Location             Purpose               Amount
    ----------------------------------------------------------------------------------------------------------------
    United Kingdom........................  Royal Air Force Lakenheath...  182 Units................     $71,828,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Planning and Design.--Using amounts appropriated pursuant to
    the authorization of appropriations in section 2304(6)(A), the
    Secretary of the Air Force may carry out architectural and engineering
    services and construction design activities with respect to the
    construction or improvement of family housing units in an amount not to
    exceed $7,708,000.

    SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

        Subject to section 2825 of title 10, United States Code, and using
    amounts appropriated pursuant to the authorization of appropriations in
    section 2304(6)(A), the Secretary of the Air Force may improve existing
    military family housing units in an amount not to exceed $316,343,000.

    SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for military construction, land
    acquisition, and military family housing functions of the Department of
    the Air Force in the total amount of $2,108,090,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2301(a), $889,719,000.
                (2) For military construction projects outside the United
            States authorized by section 2301(b), $81,200,000.
                (3) For the military construction projects at unspecified
            worldwide locations authorized by section 2301(c), $38,391,000.
                (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, $93,436,000.
                (6) For military family housing functions:
                        (A) For construction and acquisition, planning and
                    design, and improvement of military family housing and
                    facilities, $395,879,000.
                        (B) For support of military family housing
                    (including functions described in section 2833 of title
                    10, United States Code), $594,465,000.

    SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
                  PROJECTS.

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2006 (division B of
    Public Law 109-163; 119 Stat. 3501), authorizations set forth in the
    tables in subsection (b), as provided in section 2302 of that Act,
    shall remain in effect until October 1, 2009, or the date of the
    enactment of an Act authorizing funds for military construction for
    fiscal year 2010, whichever is later.
        (b) Table.--The table referred to in subsection (a) is as follows:

                                   Air Force: Extension of 2006 Project Authorizations
    ----------------------------------------------------------------------------------------------------------------
                      State                     Installation or  Location              Project              Amount
    ----------------------------------------------------------------------------------------------------------------
    Alaska..................................  Eielson Air Force Base.......  Replace Family Housing (92  $37,650,000
                                                                              units)...................
                                                                             Purchase Build/Lease        $18,144,000
                                                                              Housing (300 units)......
    California..............................  Edwards Air Force Base.......  Replace Family Housing      $59,699,000
                                                                              (226 units)..............
    Florida.................................  MacDill Air Force Base.......  Replace Family Housing      $40,982,000
                                                                              (109 units)..............
    Missouri................................  Whiteman Air Force Base......  Replace Family Housing      $26,917,000
                                                                              (111 units)..............
    North Carolina..........................  Seymour Johnson Air Force      Replace Family Housing      $48,868,000
                                               Base........................   (255 units)..............
    North Dakota............................  Grand Forks Air Force Base...  Replace Family Housing      $43,353,000
                                                                              (150 units)..............
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
                  PROJECTS.

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2005 (division B of
    Public Law 108-375; 118 Stat. 2116), authorizations set forth in the
    table in subsection (b), as provided in sections 2301 and 2302 of that
    Act and extended by section 2307 of the Military Construction
    Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
    181; 122 Stat. 519), shall remain in effect until October 1, 2009, or
    the date of the enactment of an Act authorizing funds for military
    construction for fiscal year 2010, whichever is later.
        (b) Table.--The table referred to in subsection (a) is as follows:

                                   Air Force: Extension of 2005 Project Authorizations
    ----------------------------------------------------------------------------------------------------------------
                 State/Country               Installation or Location             Project                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Arizona...............................  Davis-Monthan Air Force    Replace Family Housing (250       $48,500,000
                                             Base....................   units).....................
    California............................  Vandenberg Air Force Base  Replace Family Housing (120       $30,906,000
                                                                        units).....................
    Florida...............................  MacDill Air Force Base...  Construct Housing                  $1,250,000
                                                                        Maintenance Facility.......
    Missouri..............................  Whiteman Air Force Base..  Replace Family Housing (160       $37,087,000
                                                                        units).....................
    North Carolina........................  Seymour Johnson Air Force  Replace Family Housing (167       $32,693,000
                                             Base....................   units).....................
    Germany...............................  Ramstein Air Base........  USAFE Theater Aerospace           $24,204,000
                                                                        Operations Support Center..
    ----------------------------------------------------------------------------------------------------------------

                          TITLE XXIV--DEFENSE AGENCIES

                   Subtitle A--Defense Agency Authorizations

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

              Subtitle B--Chemical Demilitarization Authorizations

    Sec. 2411. Authorized chemical demilitarization program construction
                                and land acquisition projects.
    Sec. 2412. Authorization of appropriations, chemical demilitarization
                                construction, defense-wide.
    Sec. 2413. Modification of authority to carry out certain fiscal year
                                1997 project.
    Sec. 2414. Modification of authority to carry out certain fiscal year
                                2000 project.

                   Subtitle A--Defense Agency Authorizations

    SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
                  ACQUISITION PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2403(a)(1), the
    Secretary of Defense may acquire real property and carry out military
    construction projects for the installations or locations inside the
    United States, and in the amounts, set forth in the following tables:

                                               Defense Education Activity
    ----------------------------------------------------------------------------------------------------------------
                         State                                  Installation or Location                  Amount
    ----------------------------------------------------------------------------------------------------------------
    Kentucky......................................  Fort Campbell...................................     $21,400,000
    North Carolina................................  Fort Bragg......................................     $78,471,000
    ----------------------------------------------------------------------------------------------------------------

                                               Defense Intelligence Agency
    ----------------------------------------------------------------------------------------------------------------
                         State                                  Installation or Location                  Amount
    ----------------------------------------------------------------------------------------------------------------
    Illinois......................................  Scott Air Force Base............................     $13,977,000
    ----------------------------------------------------------------------------------------------------------------

                                                Defense Logistics Agency
    ----------------------------------------------------------------------------------------------------------------
                         State                                  Installation or Location                  Amount
    ----------------------------------------------------------------------------------------------------------------
    California....................................  Defense Distribution Depot, Tracy...............     $50,300,000
    Delaware......................................  Defense Fuel Supply Center, Dover Air Force Base      $3,373,000
    Florida.......................................  Defense Fuel Support Point, Jacksonville........     $34,000,000
    Georgia.......................................  Hunter Army Air Field...........................      $3,500,000
    Hawaii........................................  Pearl Harbor....................................     $27,700,000
    New Mexico....................................  Kirtland Air Force Base.........................     $14,400,000
    Oklahoma......................................  Altus Air Force Base............................      $2,850,000
    Pennsylvania..................................  Philadelphia....................................      $1,200,000
    Utah..........................................  Hill Air Force Base.............................     $20,400,000
    Virginia......................................  Craney Island...................................     $39,900,000
    ----------------------------------------------------------------------------------------------------------------

                                                National Security Agency
    ----------------------------------------------------------------------------------------------------------------
                         State                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Maryland.......................................  Fort Meade.....................................     $31,000,000
    ----------------------------------------------------------------------------------------------------------------

                                               Special Operations Command
    ----------------------------------------------------------------------------------------------------------------
                         State                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    California.....................................  Naval Amphibious Base, Coronado................      $9,800,000
    Florida........................................  Eglin Air Force Base...........................      $40,000,00
                                                     Hurlburt Field.................................      $8,900,000
                                                     MacDill Air Force Base.........................     $10,500,000
    Kentucky.......................................  Fort Campbell..................................     $15,000,000
    New Mexico.....................................  Cannon Air Force Base..........................     $26,400,000
    North Carolina.................................  Fort Bragg.....................................     $38,250,000
    Virginia.......................................  Fort Story.....................................     $11,600,000
    Washington.....................................  Fort Lewis.....................................     $38,000,000
    ----------------------------------------------------------------------------------------------------------------

                                               TRICARE Management Activity
    ----------------------------------------------------------------------------------------------------------------
                         State                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Alaska.........................................  Fort Richardson................................      $6,300,000
    Colorado.......................................  Buckley Air Force Base.........................      $3,000,000
    Georgia........................................  Fort Benning...................................      $3,900,000
    Kentucky.......................................  Fort Campbell..................................     $24,000,000
    Maryland.......................................  Aberdeen Proving Ground........................    $430,000,000
    Missouri.......................................  Fort Leonard Wood..............................     $22,000,000
    Oklahoma.......................................  Tinker Air Force Base..........................     $65,000,000
    Texas..........................................  Fort Sam Houston...............................     $13,000,000
    ----------------------------------------------------------------------------------------------------------------

                                            Washington Headquarters Services
    ----------------------------------------------------------------------------------------------------------------
                         State                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Virginia.......................................  Pentagon Reservation...........................     $38,940,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2403(a)(2), the
    Secretary of Defense may acquire real property and carry out military
    construction projects for the installations or locations outside the
    United States, and in the amounts, set forth in the following tables:

                                                Defense Logistics Agency
    ----------------------------------------------------------------------------------------------------------------
                         Country                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Germany.........................................  Germersheim......................................  $48,000,000
    Greece..........................................  Souda Bay........................................   $8,000,000
    ----------------------------------------------------------------------------------------------------------------

                                                 Missile Defense Command
    ----------------------------------------------------------------------------------------------------------------
                         Country                                  Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Czech Republic..................................  Various Locations...............................  $176,100,000
    Poland..........................................  Various Locations...............................  $661,380,000
    ----------------------------------------------------------------------------------------------------------------

                                               Special Operations Command
    ----------------------------------------------------------------------------------------------------------------
                         Country                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Qatar...........................................  Al Udeid.........................................   $9,200,000
    ----------------------------------------------------------------------------------------------------------------

                                               TRICARE Management Activity
    ----------------------------------------------------------------------------------------------------------------
                         Country                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Guam............................................  Naval Activities.................................  $30,000,000
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2402. ENERGY CONSERVATION PROJECTS.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2403(a)(6), the Secretary of Defense may
    carry out energy conservation projects under chapter 173 of title 10,
    United States Code, in the amount of $90,000,000.

    SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

        (a) In General.--Funds are hereby authorized to be appropriated for
    fiscal years beginning after September 30, 2008, for military
    construction, land acquisition, and military family housing functions
    of the Department of Defense (other than the military departments) in
    the total amount of $1,639,050,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2401(a), $740,811,000.
                (2) For military construction projects outside the United
            States authorized by section 2401(b), $246,360,000.
                (3) For unspecified minor military construction projects
            under section 2805 of title 10, United States Code,
            $28,853,000.
                (4) For contingency construction projects of the Secretary
            of Defense under section 2804 of title 10, United States Code,
            $5,000,000.
                (5) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $133,225,000.
                (6) For energy conservation projects authorized by section
            2402 of this Act, $90,000,000.
                (7) For support of military family housing, including
            functions described in section 2833 of title 10, United States
            Code, and credits to the Department of Defense Family Housing
            Improvement Fund under section 2883 of title 10, United States
            Code, and the Homeowners Assistance Fund established under
            section 1013 of the Demonstration Cities and Metropolitan
            Development Act of 1966 (42 U.S.C. 3374), $54,581,000.
                (8) For the construction of increment 4 of the regional
            security operations center at Augusta, Georgia, authorized by
            section 2401(a) of the Military Construction Authorization Act
            of Fiscal Year 2006 (division B of Public Law 109-163; 119
            Stat. 3497), as amended by section 7016 of the Emergency
            Supplemental Appropriation Act for Defense, the Global War on
            Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
            Stat. 485), $100,220,000.
                (9) For the construction of increment 2 of the Army Medical
            Research Institute of Infectious Diseases Stage 1 at Fort
            Detrick, Maryland, authorized by section 2401(a) of the
            Military Construction Authorization Act of Fiscal Year 2007
            (division B of Public Law 109-364; 120 Stat. 2457),
            $209,000,000.
                (10) For the construction of increment 2 of the special
            operations forces operational facility at Dam Neck, Virginia,
            authorized by section 2401(a) of the Military Construction
            Authorization Act of Fiscal Year 2008 (division B of Public Law
            110-181; 122 Stat. 521), $31,000,000.
        (b) Limitation on Total Cost of Construction Projects.--
    Notwithstanding the cost variations authorized by section 2853 of title
    10, United States Code, and any other cost variation authorized by law,
    the total cost of all projects carried out under section 2401 of this
    Act may not exceed the sum of the following:
                (1) The total amount authorized to be appropriated under
            paragraphs (1) and (2) of subsection (a).
                (2) $402,000,000 (the balance of the amount authorized for
            the TRICARE Management Activity under section 2401(a) for the
            construction of the United States Army Medical Research
            Institute of Infectious Diseases at Aberdeen Proving Ground,
            Maryland).
                (3) $618,780,000 (the balance of the amount authorized for
            the Missile Defense Command under section 2401(b) for the
            construction of the Ballistic Missile Defense, European
            Interceptor Site).
                (4) $67,540,000 (the balance of the amount authorized for
            the Missile Defense Command under section 2401(b) for the
            construction of the Ballistic Missile Defense, European Mid-
            Course Radar Site).

    SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                  2007 PROJECT.

        (a) Modification.--The table relating to the TRICARE Management
    Activity in section 2401(a) of the Military Construction Authorization
    Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
    2457) is amended in the item relating to Fort Detrick, Maryland, by
    striking ``$550,000,000'' in the amount column and inserting
    ``$683,000,000''.
        (b) Conforming Amendment.--Section 2405(b)(3) of that Act (120
    Stat. 2461) is amended by striking ``$521,000,000'' and inserting
    ``$654,000,000''.

    SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                  2005 PROJECTS.

        (a) Modification.--The table in section 2401(a) of the Military
    Construction Authorization Act for Fiscal Year 2005 (division B of
    Public Law 108-375; 118 Stat. 2112) is amended--
                (1) by striking the item relating to Defense Fuel Support
            Point, Naval Air Station, Oceana, Virginia; and
                (2) by striking the amount identified as the total in the
            amount column and inserting ``$485,193,000''.
        (b) Conforming Amendments.--Section 2404(a) of that Act (118 Stat.
    2113) is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``$1,055,663,000'' and inserting ``$1,052,074,000''; and
                (2) in paragraph (1), by striking ``$411,782,000'' and
            inserting ``$408,193,000''.

    SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2006
                  PROJECT.

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2006 (division B of
    Public Law 109-163; 119 Stat. 3501), authorizations set forth in the
    tables in subsection (b), as provided in section 2401 of that Act,
    shall remain in effect until October 1, 2009, or the date of the
    enactment of an Act authorizing funds for military construction for
    fiscal year 2010, whichever is later.
        (b) Table.--The table referred to in subsection (a) is as follows:

                            Defense Logistics Agency: Extension of 2006 Project Authorization
    ----------------------------------------------------------------------------------------------------------------
                Installation or Location                                   Project                          Amount
    ----------------------------------------------------------------------------------------------------------------
    Defense Logistics Agency........................  Defense Distribution Depot Susquehanna, New         $6,500,000
                                                       Cumberland, Pennsylvania.
    ----------------------------------------------------------------------------------------------------------------

              Subtitle B--Chemical Demilitarization Authorizations

    SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM CONSTRUCTION
                  AND LAND ACQUISITION PROJECTS.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2412(1), the Secretary of Defense may acquire
    real property and carry out military construction projects for the
    installations or locations inside the United States, and in the
    amounts, set forth in the following table:

                               Chemical Demilitarization Program: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                          Army                                     Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Army............................................  Blue Grass Army Depot, Kentucky..................  $12,000,000
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION
                  CONSTRUCTION, DEFENSE-WIDE.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for military construction and land
    acquisition for chemical demilitarization in the total amount of
    $144,278,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2411(a), $12,000,000.
                (2) For the construction of phase 10 of a munitions
            demilitarization facility at Pueblo Chemical Activity,
            Colorado, authorized by section 2401(a) of the Military
            Construction Authorization Act for Fiscal Year 1997 (division B
            of Public Law 104-201; 110 Stat. 2775), as amended by section
            2406 of the Military Construction Authorization Act for Fiscal
            Year 2000 (division B of Public Law 106-65; 113 Stat. 839) and
            section 2407 of the Military Construction Authorization Act for
            Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
            2698), $65,060,000.
                (3) For the construction of phase 9 of a munitions
            demilitarization facility at Blue Grass Army Depot, Kentucky,
            authorized by section 2401(a) of the Military Construction
            Authorization Act for Fiscal Year 2000 (division B of Public
            Law 106-65; 113 Stat. 835), as amended by section 2405 of the
            Military Construction Authorization Act for Fiscal Year 2002
            (division B of Public Law 107-107; 115 Stat. 1298) and section
            2405 of the Military Construction Authorization Act for Fiscal
            Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
            $67,218,000.

    SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                  1997 PROJECT.

        (a) Modifications.--The table in section 2401(a) of the Military
    Construction Authorization Act for Fiscal Year 1997 (division B of
    Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the
    Military Construction Authorization Act for Fiscal Year 2000 (division
    B of Public Law 106-65; 113 Stat. 839) and section 2407 of the Military
    Construction Authorization Act for Fiscal Year 2003 (division B of
    Public Law 107-314; 116 Stat. 2699), is amended--
                (1) under the agency heading relating to the Chemical
            Demilitarization Program, in the item relating to Pueblo Army
            Depot, Colorado, by striking ``$261,000,000'' in the amount
            column and inserting ``$484,000,000''; and
                (2) by striking the amount identified as the total in the
            amount column and inserting ``$830,454,000''.
        (b) Conforming Amendment.--Section 2406(b)(2) of the Military
    Construction Authorization Act for Fiscal Year 1997 (110 Stat. 2779),
    as so amended, is further amended by striking ``$261,000,000'' and
    inserting ``$484,000,000''.

    SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                  2000 PROJECT.

        (a) Modifications.--The table in section 2401(a) of the Military
    Construction Authorization Act for Fiscal Year 2000 (division B of
    Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the
    Military Construction Authorization Act for Fiscal Year 2002 (division
    B of Public Law 107-107; 115 Stat. 1298) and section 2405 of the
    Military Construction Authorization Act for Fiscal Year 2003 (division
    B of Public Law 107-314; 116 Stat. 2698), is amended--
                (1) under the agency heading relating to Chemical
            Demilitarization, in the item relating to Blue Grass Army
            Depot, Kentucky, by striking ``$290,325,000'' in the amount
            column and inserting ``$492,000,000''; and
                (2) by striking the amount identified as the total in the
            amount column and inserting ``$949,920,000''.
        (b) Conforming Amendment.--Section 2405(b)(3) of the Military
    Construction Authorization Act for Fiscal Year 2000 (division B of
    Public Law 106-65; 113 Stat. 839), as amended by section 2405 of the
    Military Construction Authorization Act for Fiscal Year 2002 (division
    B of Public Law 107-107; 115 Stat. 1298) and section 2405 of the
    Military Construction Authorization Act for Fiscal Year 2003 (division
    B of Public Law 107-314; 116 Stat. 2698), is further amended by
    striking ``$267,525,000'' and inserting ``$469,200,000''.

       TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
                                    PROGRAM

    Sec. 2501. Authorized NATO construction and land acquisition projects.
    Sec. 2502. Authorization of appropriations, NATO.

    SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

        The Secretary of Defense may make contributions for the North
    Atlantic Treaty Organization Security Investment Program as provided in
    section 2806 of title 10, United States Code, in an amount not to
    exceed the sum of the amount authorized to be appropriated for this
    purpose in section 2502 and the amount collected from the North
    Atlantic Treaty Organization as a result of construction previously
    financed by the United States.

    SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for contributions by the Secretary
    of Defense under section 2806 of title 10, United States Code, for the
    share of the United States of the cost of projects for the North
    Atlantic Treaty Organization Security Investment Program authorized by
    section 2501, in the amount of $230,867,000.

                TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

    Sec. 2601. Authorized Army National Guard construction and land
                                acquisition projects.
    Sec. 2602. Authorized Army Reserve construction and land acquisition
                                projects.
    Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
                                construction and land acquisition projects.
    Sec. 2604. Authorized Air National Guard construction and land
                                acquisition projects.
    Sec. 2605. Authorized Air Force Reserve construction and land
                                acquisition projects.
    Sec. 2606. Authorization of appropriations, National Guard and Reserve.
    Sec. 2607. Modification of authority to carry out certain fiscal year
                                2008 project.
    Sec. 2608. Extension of authorizations of certain fiscal year 2006
                                projects.
    Sec. 2609. Extension of Authorization of certain fiscal year 2005
                                project.

    SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
                  ACQUISITION PROJECTS.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2606(1)(A), the Secretary of the Army may
    acquire real property and carry out military construction projects for
    the Army National Guard locations, and in the amounts, set forth in the
    following table:

                                                   Army National Guard
    ----------------------------------------------------------------------------------------------------------------
                         State                                            Location                         Amount
    ----------------------------------------------------------------------------------------------------------------
    Alabama........................................  Fort McClellan...................................    $3,000,000
    Alaska.........................................  Bethel Armory....................................   $16,000,000
    Arizona........................................  Camp Navajo......................................   $13,000,000
                                                     Florence.........................................   $13,800,000
                                                     Papago Military Reservation......................   $24,000,000
    Arkansas.......................................  Cabot............................................   $10,868,000
    Colorado.......................................  Denver...........................................    $9,000,000
                                                     Grand Junction...................................    $9,000,000
    Connecticut....................................  Camp Rell........................................   $28,000,000
                                                     East Haven.......................................   $13,800,000
    Delaware.......................................  New Castle.......................................   $28,000,000
    Florida........................................  Camp Blanding....................................   $33,307,000
    Georgia........................................  Dobbins Air Reserve Base.........................   $45,000,000
    Idaho..........................................  Orchard Training Area............................    $1,850,000
    Illinois.......................................  Urbana Armory....................................   $16,186,000
    Indiana........................................  Camp Atterbury...................................    $5,800,000
                                                     Lawrence.........................................   $21,000,000
                                                     Muscatatuck......................................    $6,000,000
    Iowa...........................................  Camp Dodge.......................................    $1,500,000
                                                     Davenport........................................    $1,550,000
                                                     Mount Pleasant...................................    $1,500,000
    Kentucky.......................................  London...........................................    $7,191,000
    Maine..........................................  Bangor...........................................   $20,000,000
    Maryland.......................................  Edgewood.........................................   $28,000,000
                                                     Salisbury........................................    $9,800,000
    Massachusetts..................................  Methuen..........................................   $21,000,000
    Michigan.......................................  Camp Grayling....................................   $22,943,000
    Minnesota......................................  Arden Hills......................................   $15,000,000
    Nevada.........................................  Elko.............................................   $11,375,000
    New York.......................................  Fort Drum........................................   $11,000,000
                                                     Queensbury.......................................    $5,900,000
    Ohio...........................................  Camp Perry.......................................    $2,000,000
                                                     Ravenna..........................................    $2,000,000
    Pennsylvania...................................  Honesdale........................................    $6,117,000
    Rhode Island...................................  North Kingstown..................................    $5,000,000
    South Carolina.................................  Anderson.........................................   $12,000,000
                                                     Beaufort.........................................    $3,400,000
                                                     Eastover.........................................   $28,000,000
                                                     Hemingway........................................    $4,600,000
    South Dakota...................................  Camp Rapid.......................................   $14,463,000
                                                     Rapid City.......................................   $29,000,000
    Tennessee......................................  Tullahoma........................................   $10,372,000
    Utah...........................................  Camp Williams....................................   $17,500,000
    Vermont........................................  Ethan Allen Firing Range.........................   $10,200,000
    Virginia.......................................  Arlington........................................   $15,500,000
                                                     Fort Pickett.....................................    $2,950,000
    Washington.....................................  Fort Lewis (Gray Army Airfield)..................   $32,000,000
    West Virginia..................................  Camp Dawson......................................    $9,000,000
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
                  PROJECTS.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2606(1)(B), the Secretary of the Army may
    acquire real property and carry out military construction projects for
    the Army Reserve locations, and in the amounts, set forth in the
    following table:

                                                      Army Reserve
    ----------------------------------------------------------------------------------------------------------------
                          State                                            Location                         Amount
    ----------------------------------------------------------------------------------------------------------------
    California......................................  Fort Hunter Liggett..............................   $3,950,000
    Hawaii                                            Fort Shafter.....................................  $19,199,000
    Idaho...........................................  Hayden Lake......................................   $9,580,000
    Kansas..........................................  Dodge City.......................................   $8,100,000
    Maryland........................................  Baltimore........................................  $11,600,000
    Massachusetts...................................  Fort Devens......................................   $1,900,000
    Michigan........................................  Saginaw..........................................  $11,500,000
    Missouri........................................  Weldon Springs...................................  $11,700,000
    Nevada..........................................  Las Vegas........................................  $33,900,000
    New Jersey......................................  Fort Dix.........................................   $3,825,000
    New York........................................  Kingston.........................................  $13,494,000
                                                      Shoreham.........................................  $15,031,000
                                                      Staten Island....................................  $18,550,000
    North Carolina..................................  Raleigh..........................................  $25,581,000
    Pennsylvania....................................  Letterkenny Army Depot...........................  $14,914,000
    Tennessee.......................................  Chattanooga......................................  $10,600,000
    Texas...........................................  Sinton...........................................   $9,700,000
    Washington......................................  Seattle..........................................  $37,500,000
    Wisconsin.......................................  Fort McCoy.......................................   $4,000,000
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
                  CONSTRUCTION AND LAND ACQUISITION PROJECTS.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2606(2), the Secretary of the Navy may
    acquire real property and carry out military construction projects for
    the Navy Reserve and Marine Corps Reserve locations, and in the
    amounts, set forth in the following table:

                                          Navy Reserve and Marine Corps Reserve
    ----------------------------------------------------------------------------------------------------------------
                         State                                            Location                         Amount
    ----------------------------------------------------------------------------------------------------------------
    California.....................................  Lemoore..........................................   $15,420,000
    Delaware.......................................  Wilmington.......................................   $11,530,000
    Georgia........................................  Marietta.........................................    $7,560,000
    Virginia.......................................  Norfolk..........................................    $8,170,000
                                                     Williamsburg.....................................   $12,320,000
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
                  ACQUISITION PROJECTS.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2606(3)(A), the Secretary of the Air Force
    may acquire real property and carry out military construction projects
    for the Air National Guard locations, and in the amounts, set forth in
    the following table:

                                                   Air National Guard
    ----------------------------------------------------------------------------------------------------------------
                         State                                            Location                         Amount
    ----------------------------------------------------------------------------------------------------------------
    Arkansas.......................................  Little Rock Air Force Base.......................    $4,000,000
    Colorado.......................................  Buckley Air Force Base...........................    $4,200,000
    Connecticut....................................  Bradley International Airport....................    $7,200,000
    Delaware.......................................  New Castle County Airport........................   $14,800,000
    Georgia........................................  Savannah Combat Readiness Training Center........    $7,500,000
    Indiana........................................  Fort Wayne International Airport.................    $5,600,000
    Iowa...........................................  Fort Dodge.......................................    $5,600,000
    Kansas.........................................  Smoky Hill Air National Guard Range..............    $7,100,000
    Maryland.......................................  Martin State Airport.............................    $7,900,000
    Massachusetts..................................  Otis Air National Guard Base.....................   $14,300,000
    Minnesota......................................  Duluth 148th Fighter Wing Base...................    $4,500,000
                                                     Minneapolis-St. Paul.............................    $1,500,000
    Mississippi....................................  Gulfport-Biloxi International Airport............    $3,400,000
    New Jersey.....................................  Atlantic City International Airport..............    $8,400,000
    New York.......................................  Gabreski Airport, Westhampton....................    $7,500,000
                                                     Hancock Field....................................   $10,400,000
    Ohio...........................................  Springfield Air National Guard Base..............   $12,800,000
    Rhode Island...................................  Quonset State Airport............................    $7,700,000
    South Dakota...................................  Joe Foss Field...................................    $4,500,000
    Tennessee......................................  Knoxville........................................    $8,000,000
    Texas..........................................  Ellington Field..................................    $7,600,000
                                                     Fort Worth Naval Air Station Joint Reserve Base..    $5,000,000
    Vermont........................................  Burlington International Airport.................    $6,600,000
    Washington.....................................  McChord Air Force Base...........................    $8,600,000
    West Virginia..................................  Yeager Airport, Charleston.......................   $27,000,000
    Wisconsin......................................  Truax Field......................................    $6,300,000
    Wyoming........................................  Cheyenne Municipal Airport.......................    $7,000,000
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
                  ACQUISITION PROJECTS.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2606(3)(B), the Secretary of the Air Force
    may acquire real property and carry out military construction projects
    for the Air Force Reserve locations, and in the amounts, set forth in
    the following table:

                                                   Air Force Reserve
    ----------------------------------------------------------------------------------------------------------------
                          State                                            Location                         Amount
    ----------------------------------------------------------------------------------------------------------------
    Georgia.........................................  Dobbins Air Reserve Base.........................   $6,450,000
    Oklahoma........................................  Tinker Air Force Base............................   $9,900,000
    New York........................................  Niagara Falls Air Reserve Station................   $9,000,000
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for the costs of acquisition,
    architectural and engineering services, and construction of facilities
    for the Guard and Reserve Forces, and for contributions therefor, under
    chapter 1803 of title 10, United States Code (including the cost of
    acquisition of land for those facilities), in the following amounts:
                (1) For the Department of the Army--
                        (A) for the Army National Guard of the United
                    States, $736,317,000; and
                        (B) for the Army Reserve, $282,607,000.
                (2) For the Department of the Navy, for the Navy and Marine
            Corps Reserve, $57,045,000.
                (3) For the Department of the Air Force--
                        (A) for the Air National Guard of the United
                    States, $242,924,000; and
                        (B) for the Air Force Reserve, $36,958,000.

    SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                  2008 PROJECT.

        The table in section 2601 of the Military Construction
    Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
    181; 122 Stat. 527) is amended in the item relating to North Kingstown,
    Rhode Island, by striking ``$33,000,000'' in the amount column and
    inserting ``$38,000,000''.

    SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
                  PROJECTS.

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2006 (division B of
    Public Law 109-163; 119 Stat. 3501), the authorizations set forth in
    the table in subsection (b), as provided in section 2601 of that Act,
    shall remain in effect until October 1, 2009, or the date of the
    enactment of an Act authorizing funds for military construction for
    fiscal year 2010, whichever is later.
        (b) Table.--The table referred to in subsection (a) is as follows:

                              Army National Guard: Extension of 2006 Project Authorizations
    ----------------------------------------------------------------------------------------------------------------
                      State                     Installation or Location              Project               Amount
    ----------------------------------------------------------------------------------------------------------------
    California..............................  Camp Roberts................  Urban Assault Course.......   $1,485,000
    Idaho...................................  Gowen Field.................  Railhead, Phase 1..........   $8,331,000
    Mississippi.............................  Biloxi......................  Readiness Center...........  $16,987,000
                                              Camp Shelby.................  Modified Record Fire Range.   $2,970,000
    Montana.................................  Townsend....................  Automated Qualification       $2,532,000
                                                                             Training Range.
    Pennsylvania............................  Philadelphia................  Stryker Brigade Combat Team  $11,806,000
                                                                             Readiness Center.
                                                                            Organizational Maintenance    $6,144,930
                                                                             Shop #7.
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2609. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005
                  PROJECT.

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2005 (division B of
    Public Law 108-375; 118 Stat. 2116), the authorization set forth in the
    table in subsection (b), as provided in section 2601 of that Act, shall
    remain in effect until October 1, 2009, or the date of the enactment of
    an Act authorizing funds for military construction for fiscal year
    2010, whichever is later.
        (b) Table.--The table referred to in subsection (a) is as follows:

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

              TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                           Subtitle A--Authorizations

    Sec. 2701. Authorization of appropriations for base closure and
                                realignment activities funded through
                                Department of Defense Base Closure Account
                                1990.
    Sec. 2702. Authorized base closure and realignment activities funded
                                through Department of Defense Base Closure
                                Account 2005.
    Sec. 2703. Authorization of appropriations for base closure and
                                realignment activities funded through
                                Department of Defense Base Closure Account
                                2005.

            Subtitle B--Amendments to Base Closure and Related Laws

    Sec. 2711. Modification of annual base closure and realignment
                                reporting requirements.
    Sec. 2712. Technical corrections regarding authorized cost and scope of
                                work variations for military construction
                                and military family housing projects
                                related to base closures and realignments.

                           Subtitle C--Other Matters

    Sec. 2721. Independent design review of National Naval Medical Center
                                and military hospital at Fort Belvoir.
    Sec. 2722. Report on use of BRAC properties as sites for refineries or
                                nuclear power plants.

                           Subtitle A--Authorizations

    SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
                  REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
                  DEFENSE BASE CLOSURE ACCOUNT 1990.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for base closure and realignment
    activities, including real property acquisition and military
    construction projects, as authorized by the Defense Base Closure and
    Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
    U.S.C. 2687 note) and funded through the Department of Defense Base
    Closure Account 1990 established by section 2906 of such Act, in the
    total amount of $458,377,000, as follows:
                (1) For the Department of the Army, $87,855,000.
                (2) For the Department of the Navy, $228,700,000.
                (3) For the Department of the Air Force, $139,155,000.
                (4) For the Defense Agencies, $2,667,000.

    SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED
                  THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2703, the Secretary of Defense may carry out
    base closure and realignment activities, including real property
    acquisition and military construction projects, as authorized by the
    Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
    of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
    Department of Defense Base Closure Account 2005 established by section
    2906A of such Act, in the amount of $6,982,334,000.

    SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
                  REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
                  DEFENSE BASE CLOSURE ACCOUNT 2005.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for base closure and realignment
    activities, including real property acquisition and military
    construction projects, as authorized by the Defense Base Closure and
    Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
    U.S.C. 2687 note) and funded through the Department of Defense Base
    Closure Account 2005 established by section 2906A of such Act, in the
    total amount of $9,065,386,000, as follows:
                (1) For the Department of the Army, $4,486,178,000.
                (2) For the Department of the Navy, $871,492,000.
                (3) For the Department of the Air Force, $1,072,925,000.
                (4) For the Defense Agencies, $2,634,791,000.

            Subtitle B--Amendments to Base Closure and Related Laws

    SEC. 2711. MODIFICATION OF ANNUAL BASE CLOSURE AND REALIGNMENT
                  REPORTING REQUIREMENTS.

        (a) Termination of Reporting Requirements After Fiscal Year 2014.--
    Section 2907 of the Defense Base Closure and Realignment Act of 1990
    (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
    amended--
                (1) by striking ``As part of the budget request for fiscal
            year 2007 and for each fiscal year thereafter'' and inserting
            ``(a) Reporting Requirement.--As part of the budget request for
            fiscal year 2007 and for each fiscal year thereafter through
            fiscal year 2016''; and
                (2) by adding at the end the following new subsection:
        ``(b) Termination of Reporting Requirements Related to Realignment
    Actions.--The reporting requirements under subsection (a) shall
    terminate with respect to realignment actions after the report
    submitted with the budget for fiscal year 2014.''.
        (b) Exclusion of Descriptions of Realignment Actions.--Subsection
    (a) of such section, as designated and amended by subsection (a)(1) of
    this section, is further amended--
                (1) in paragraph (1), by striking ``and realignment'' both
            places it appears;
                (2) in paragraph (2), by striking ``and realignments''; and
                (3) in paragraphs (3), (4), (5), (6), and (7), by striking
            ``or realignment'' each place it appears.

    SEC. 2712. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST AND SCOPE OF
                  WORK VARIATIONS FOR MILITARY CONSTRUCTION AND MILITARY
                  FAMILY HOUSING PROJECTS RELATED TO BASE CLOSURES AND
                  REALIGNMENTS.

        (a) Correction of Citation in Amendatory Language.--
                (1) In general.--Section 2704(a) of the Military
            Construction Authorization Act for Fiscal Year 2008 (division B
            of Public Law 110-181; 122 Stat. 532) is amended--
                        (A) in subsection (a), by striking ``Section
                    2905A'' and inserting ``Section 2906A''; and
                        (B) in subsection (b), by striking ``section
                    2905A'' and inserting ``section 2906A''.
                (2) Effective date.--The amendments made by paragraph (1)
            shall take effect on January 28, 2008, as if included in the
            enactment of section 2704 of the Military Construction
            Authorization Act for Fiscal Year 2008.
        (b) Correction of Scope or Work Variation Limitation.--Subsection
    (f) of section 2906A of the Defense Base Closure and Realignment Act of
    1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note),
    as added by section 2704(a) of the Military Construction Authorization
    Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
    532) and amended by subsection (a), is amended by striking ``20 percent
    or $2,000,000, whichever is greater'' and inserting ``20 percent or
    $2,000,000, whichever is less''.

                           Subtitle C--Other Matters

    SEC. 2721. INDEPENDENT DESIGN REVIEW OF NATIONAL NAVAL MEDICAL CENTER
                  AND MILITARY HOSPITAL AT FORT BELVOIR.

        (a) Findings.--Congress makes the following findings:
                (1) Military personnel and their families, as well as
            veterans and retired military personnel living in the National
            Capital region, deserve to be treated in world class medical
            facilities.
                (2) World class medical facilities are defined as
            incorporating the best practices of the premier private health
            facilities in the country as well as the collaborative input of
            military health care professionals into a design that supports
            the unique needs of military personnel and their families.
                (3) The closure of the Walter Reed Army Medical Center in
            Washington, D.C., and the resulting construction of the
            National Military Medical Center at the National Naval Medical
            Center, Bethesda, Maryland, and a new military hospital at Fort
            Belvoir, Virginia, offer the Department of Defense the
            opportunity to provide state-of-the-art and world-class medical
            facilities offering the highest quality of joint service care
            for members of the Armed Forces and their families.
                (4) Congress has supported a Department of Defense request
            to expedite the construction of the new facilities at Bethesda
            and Fort Belvoir in order to provide care in better facilities
            as quickly as possible.
                (5) The Department of Defense has a responsibility to
            ensure that the expedited design and construction of such
            facilities do not result in degradation of the quality
            standards required for world class facilities.
        (b) Independent Design Review.--
                (1) Establishment of design review panel.--The Secretary of
            Defense shall establish a panel consisting of medical facility
            design experts, military healthcare professionals,
            representatives of premier health care facilities in the United
            States, and patient representatives--
                        (A) to review design plans for the National
                    Military Medical Center and the new military hospital
                    at Fort Belvoir; and
                        (B) to advise the Secretary regarding whether the
                    design, in the view of the panel, will achieve the goal
                    of providing world-class medical facilities; and
                (2) Recommendations for changes to design plan.--If the
            panel determines that the design plans will not meet such goal,
            the panel shall make recommendations for changes to those plans
            to ensure the construction of world-class medical facilities.
                (3) Report.--Not later than 90 days after the date of the
            enactment of this Act, the panel shall submit to the Secretary
            of Defense a report on the findings and recommendations of the
            panel to address any deficiencies in the conceptual design
            plans.
                (4) Assessment of recommendations.--Not later than 30 days
            after submission of the report under paragraph (3), the
            Secretary of Defense shall submit to the congressional defense
            committees a report including--
                        (A) an assessment by the Secretary of the findings
                    and recommendations of the panel; and
                        (B) the plans of the Secretary for addressing such
                    findings and recommendations.
        (c) Cost Estimate.--
                (1) Preparation.--The Department of Defense shall prepare a
            cost estimate of the total cost to be incurred by the United
            States to close Walter Reed Army Medical Center, design and
            construct replacement facilities at the National Naval Medical
            Center and Fort Belvoir, and relocate operations to the
            replacement facilities.
                (2) Submission.--The Secretary of Defense shall submit the
            resulting cost estimate to the congressional defense committees
            as soon as possible, but in no case later than 120 days after
            the date of the enactment of this Act.
        (d) Milestone Schedule.--
                (1) Preparation.--The Secretary of Defense shall prepare a
            complete milestone schedule for the closure of Walter Reed Army
            Medical Center, the design and construction of replacement
            facilities at the National Naval Medical Center and Fort
            Belvoir, and the relocation of operations to the replacement
            facilities. The schedule shall include a detailed plan
            regarding how the Department of Defense will carry out the
            transition of operations between Walter Reed Army Medical
            Center and the replacement facilities.
                (2) Submission.--The Secretary of Defense shall submit the
            resulting milestone schedule and transition plan to the
            congressional defense committees as soon as possible, but in no
            case later than 45 days after the date of the enactment of this
            Act.

    SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR REFINERIES OR
                  NUCLEAR POWER PLANTS.

        Not later than October 1, 2009, the Secretary of Defense shall
    submit to the congressional defense committees a report evaluating the
    feasibility of using military installations selected for closure under
    the base closure and realignment process as locations for the
    construction of petroleum or natural gas refineries or nuclear power
    plants.

             TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

    Sec. 2801. Incorporation of principles of sustainable design in
                                documents submitted as part of proposed
                                military construction projects.
    Sec. 2802. Revision of maximum lease amount applicable to certain
                                domestic Army family housing leases to
                                reflect previously made annual adjustments
                                in amount.
    Sec. 2803. Use of military family housing constructed under build and
                                lease authority to house members without
                                dependents.
    Sec. 2804. Leasing of military family housing to Secretary of Defense.
    Sec. 2805. Improved oversight and accountability for military housing
                                privatization initiative projects.
    Sec. 2806. Authority to use operation and maintenance funds for
                                construction projects inside the United
                                States Central Command and United States
                                Africa Command areas of responsibility.
    Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family
                                Housing LLC.

            Subtitle B--Real Property and Facilities Administration

    Sec. 2811. Clarification of congressional reporting requirements for
                                certain real property transactions.
    Sec. 2812. Authority to lease non-excess property of military
                                departments and Defense Agencies.
    Sec. 2813. Modification of utility system conveyance authority.
    Sec. 2814. Defense access roads.
    Sec. 2815. Report on application of force protection and anti-terrorism
                                standards to gates and entry points on
                                military installations.

               Subtitle C--Provisions Related to Guam Realignment

    Sec. 2821. Sense of Congress regarding military housing and utilities
                                related to Guam realignment.
    Sec. 2822. Federal assistance to Guam.
    Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana
                                Islands for military base reuse studies and
                                community planning assistance.
    Sec. 2824. Support for realignment of military installations and
                                relocation of military personnel on Guam.

                          Subtitle D--Energy Security

    Sec. 2831. Certification of enhanced use leases for energy-related
                                projects.
    Sec. 2832. Annual report on Department of Defense installations energy
                                management.

                          Subtitle E--Land Conveyances

    Sec. 2841. Land conveyance, former Naval Air Station, Alameda,
                                California.
    Sec. 2842. Transfer of administrative jurisdiction, decommissioned
                                Naval Security Group Activity, Skaggs
                                Island, California.
    Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps
                                Logistics Base, Albany, Georgia.
    Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army
                                Reserve Center, Springfield, Ohio.
    Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee.
    Sec. 2846. Land conveyance, Army property, Camp Williams, Utah.
    Sec. 2847. Extension of Potomac Heritage National Scenic Trail through
                                Fort Belvoir, Virginia.

                           Subtitle F--Other Matters

    Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to
                                Arlington National Cemetery.
    Sec. 2852. Acceptance and use of gifts for construction of additional
                                building at National Museum of the United
                                States Air Force, Wright-Patterson Air
                                Force Base.
    Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval
                                Base, Hawaii.
    Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania.
    Sec. 2855. Naming of health facility, Fort Rucker, Alabama.

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

    SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN IN
                  DOCUMENTS SUBMITTED AS PART OF PROPOSED MILITARY
                  CONSTRUCTION PROJECTS.

        (a) Definition of Life-Cycle Cost-Effective.--Subsection (c) of
    section 2801 of title 10, United States Code, is amended--
                (1) by transferring paragraph (4) to appear as the first
            paragraph in the subsection and redesignating such paragraph as
            paragraph (1);
                (2) by redesignating the subsequent three paragraphs as
            paragraphs (2), (4), and (5), respectively; and
                (3) by inserting after paragraph (2), as so redesignated,
            the following new paragraph:
                ``(3) The term `life-cycle cost-effective', with respect to
            a project, product, or measure, means that the sum of the
            present values of investment costs, capital costs, installation
            costs, energy costs, operating costs, maintenance costs, and
            replacement costs, as estimated for the lifetime of the
            project, product, or measure, does not exceed the base case
            (current or standard) for the practice, product, or measure.''.
        (b) Inclusion.--Section 2802 of such title is amended by adding at
    the end the following new subsection:
        ``(c) In determining the scope of a proposed military construction
    project, the Secretary concerned shall submit to the President such
    recommendations as the Secretary considers to be appropriate regarding
    the incorporation and inclusion of life-cycle cost-effective practices
    as an element in the project documents submitted to Congress in
    connection with the budget submitted pursuant to section 1105 of title
    31 for the fiscal year in which a contract is proposed to be awarded
    for the project.''.

    SEC. 2802. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO CERTAIN
                  DOMESTIC ARMY FAMILY HOUSING LEASES TO REFLECT PREVIOUSLY
                  MADE ANNUAL ADJUSTMENTS IN AMOUNT.

        Section 2828(b)(7)(A) of title 10, United States Code, is amended
    by striking ``$18,620 per unit'' and inserting ``$35,000 per unit''.

    SEC. 2803. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER BUILD AND
                  LEASE AUTHORITY TO HOUSE MEMBERS WITHOUT DEPENDENTS.

        (a) In General.--Subchapter II of chapter 169 of title 10, United
    States Code, is amended by inserting after section 2835 the following
    new section:
    ``Sec. 2835a. Use of military family housing constructed under build
                  and lease authority to house other members
        ``(a) Individual Assignment of Members Without Dependents.--(1) To
    the extent that the Secretary concerned determines that military family
    housing constructed and leased under section 2835 of this title is not
    needed to house members of the armed forces eligible for assignment to
    military family housing, the Secretary may assign, without rental
    charge, members without dependents to the housing.
        ``(2) A member without dependents who is assigned to housing
    pursuant to paragraph (1) shall be considered to be assigned to
    quarters pursuant to section 403(e) of title 37.
        ``(b) Conversion to Long-Term Leasing of Military Unaccompanied
    Housing.--(1) If the Secretary concerned determines that military
    family housing constructed and leased under section 2835 of this title
    is excess to the long-term needs of the family housing program of the
    Secretary, the Secretary may convert the lease contract entered into
    under subsection (a) of such section into a long-term lease of military
    unaccompanied housing.
        ``(2) The term of the lease contract for military unaccompanied
    housing converted from military family housing under paragraph (1) may
    not exceed the remaining term of the lease contract for the family
    housing so converted.
        ``(c) Notice and Wait Requirements.--(1) The Secretary concerned
    may not convert military family housing to military unaccompanied
    housing under subsection (b) until--
                ``(A) the Secretary submits to the congressional defense
            committees a notice of the intent to undertake the conversion;
            and
                ``(B) a period of 21 days has expired following the date on
            which the notice is received by the committees or, if earlier,
            a period of 14 days has expired following the date on which a
            copy of the notice is provided in an electronic medium pursuant
            to section 480 of this title.
        ``(2) The notice required by paragraph (1) shall include--
                ``(A) an explanation of the reasons for the conversion of
            the military family housing to military unaccompanied housing;
                ``(B) a description of the long-term lease to be converted;
                ``(C) amounts to be paid under the lease; and
                ``(D) the expiration date of the lease.
        ``(d) Application to Housing Leased Under Former Authority.--This
    section also shall apply to housing initially acquired or constructed
    under the former section 2828(g) of this title (commonly known as the
    `Build to Lease program'), as added by section 801 of the Military
    Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat
    782).''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such subchapter is amended by inserting after the item relating to
    section 2835 the following new item:

    ``2835a. Use of military family housing constructed under build and
                                lease authority to house other members.''.

    SEC. 2804. LEASING OF MILITARY FAMILY HOUSING TO SECRETARY OF DEFENSE.

        (a) Leasing of Housing.--Subchapter II of chapter 169 of title 10,
    United States Code, is amended by inserting after section 2837 the
    following new section:
    ``Sec. 2838. Leasing of military family housing to Secretary of Defense
        ``(a) Authority.--(1) The Secretary of a military department may
    lease to the Secretary of Defense military family housing in the
    National Capital Region (as defined in section 2674(f) of this title).
        ``(2) In determining the military housing unit to lease under this
    section, the Secretary of Defense should first consider any available
    military housing units that are already substantially equipped for
    executive communications and security.
        ``(b) Rental Rate.--A lease under subsection (a) shall provide for
    the payment by the Secretary of Defense of consideration in an amount
    equal to 105 percent of the monthly rate of basic allowance for housing
    prescribed under section 403(b) of title 37 for a member of the
    uniformed services in the pay grade of O-10 with dependents assigned to
    duty at the military installation on which the leased housing unit is
    located. A rate so established shall be considered the fair market
    value of the lease interest.
        ``(c) Treatment of Proceeds.--(1) The Secretary of a military
    department shall deposit all amounts received pursuant to leases
    entered into by the Secretary under this section into a special account
    in the Treasury established for such military department.
        ``(2) The proceeds deposited into the special account of a military
    department pursuant to paragraph (1) shall be available to the
    Secretary of that military department, without further appropriation,
    for the maintenance, protection, alteration, repair, improvement, or
    restoration of military housing on the military installation at which
    the housing leased pursuant to subsection (a) is located.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such subchapter is amended by adding at the end the following new item:

    ``2838. Leasing of military family housing to Secretary of Defense.''.

    SEC. 2805. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING
                  PRIVATIZATION INITIATIVE PROJECTS.

        (a) Oversight and Accountability.--
                (1) In general.--Subchapter IV of chapter 169 of title 10,
            United States Code, is amended by adding at the end the
            following new section:
    ``Sec. 2885. Oversight and accountability for privatization projects
        ``(a) Oversight and Accountability Measures.--Each Secretary
    concerned shall prescribe regulations to effectively oversee and manage
    military housing privatization projects carried out under this
    subchapter. The regulations shall include the following requirements
    for each privatization project:
                ``(1) The installation asset manager shall conduct monthly
            site visits and provide quarterly reports on the progress of
            the construction or renovation of the housing units. The
            reports shall be submitted quarterly to the assistant secretary
            for installations and environment of the respective military
            department.
                ``(2) The installation asset manager, and, as applicable,
            the resident construction manager, privatization asset manager,
            bondholder representative, project owner, developer, general
            contractor, and construction consultant for the project shall
            conduct meetings to ensure that the construction or renovation
            of the units meets performance and schedule requirements and
            that appropriate operating and ground lease agreements are in
            place and adhered to.
                ``(3) If a project is 90 days or more behind schedule or
            otherwise appears to be substantially failing to adhere to the
            obligations or milestones under the contract, the assistant
            secretary for installations and environment of the respective
            military department shall submit a notice of deficiency to the
            Deputy Under Secretary of Defense (Installations and
            Environment), the Secretary concerned, the managing member, and
            the trustee for the project.
                ``(4)(A) Not later than 15 days after the submittal of a
            notice of deficiency under paragraph (3), the Secretary
            concerned or designated representative shall submit to the
            project owner, developer, or general contractor responsible for
            the project a summary of deficiencies related to the project.
                ``(B) If the project owner, developer, or general
            contractor responsible for the privatization project is unable,
            within 60 days after receiving a notice of deficiency under
            subparagraph (A), to make progress on the issues outlined in
            such notice, the Secretary concerned shall notify the
            congressional defense committees of the status of the project,
            and shall provide a recommended course of action to correct the
            problems.
        ``(b) Required Qualifications.--The Secretary concerned or
    designated representative shall ensure that the project owner,
    developer, or general contractor that is selected for each military
    housing privatization initiative project has construction experience
    commensurate with that required to complete the project.
        ``(c) Bonding Levels.--The Secretary concerned shall ensure that
    the project owner, developer, or general contractor responsible for a
    military housing privatization initiative project has sufficient
    payment and performance bonds or suitable instruments in place for each
    phase of a construction or renovation portion of the project to ensure
    successful completion of the work in amounts as agreed to in the
    project's legal documents, but in no case less than 50 percent of the
    total value of the active phases of the project, prior to the
    commencement of work for that phase.
        ``(d) Reporting of Efforts To Select Successor in Event of
    Default.--In the event a military housing privatization initiative
    project enters into default, the assistant secretary for installations
    and environment of the respective military department shall submit a
    report to the congressional defense committees every 90 days detailing
    the status of negotiations to award the project to a new project owner,
    developer, or general contractor.
        ``(e) Effect of Notices of Deficiency on Contractors and Affiliated
    Entities.--(1) The Secretary concerned shall keep a record of all plans
    of action or notices of deficiency issued to a project owner,
    developer, or general contractor under subsection (a)(4), including the
    identity of each parent, subsidiary, affiliate, or other controlling
    entity of such owner, developer, or contractor.
        ``(2) Each military department shall consult all records maintained
    under paragraph (1) when reviewing the past performance of owners,
    developers, and contractors in the bidding process for a contract or
    other agreement for a military housing privatization initiative
    project.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of such subchapter is amended by adding at the end
            the following new item:

    ``2885. Oversight and accountability for privatization projects.''.
        (b) Report for Identifying and Communicating Best Practices for
    Transactions.--Section 2884(b) of such title is amended by adding at
    the end the following new paragraph:
                ``(7) A report on best practices for the execution of
            housing privatization initiatives, including--
                        ``(A) effective means to track and verify proper
                    performance, schedule, and cash flow;
                        ``(B) means of overseeing the actions of
                    bondholders to properly monitor construction progress
                    and construction draws;
                        ``(C) effective structuring of transactions to
                    ensure the United States Government has adequate
                    abilities to oversee project owner performance;
                        ``(D) ensuring that notices to proceed on new work
                    are not issued until proper bonding is in place; and
                        ``(E) such other topics that are identified as
                    pertinent by the Department of Defense.''.
        (c) Partnership With Eligible Entity Required.--Section 2871(5) of
    title 10, United States Code, is amended by inserting before the period
    at the end the following: ``that is prepared to enter into a contract
    as a partner with the Secretary concerned for the construction of
    military housing units and ancillary supporting facilities''.
        (d) Competitive Process for Conveyance or Lease of Property.--
    Section 2878 of such title is amended--
                (1) by redesignating subsections (c) and (d) as subsections
            (d) and (e); respectively; and
                (2) by inserting after subsection (b) the following new
            subsection:
        ``(c) Competitive Process.--The Secretary concerned shall ensure
    that the time, method, and terms and conditions of the reconveyance or
    lease of property or facilities under this section from the eligible
    entity permit full and free competition consistent with the value and
    nature of the property or facilities involved.''.
        (e) Treatment of Acquired or Constructed Housing Units.--
                (1) Repeal of separate assignment authority.--Section 2882
            of such title is amended to read as follows:
    ``Sec. 2882. Effect of assignment of members to housing units acquired
                  or constructed under alternative authority
        ``(a) Treatment as Quarters of the United States.--Except as
    provided in subsection (b), housing units acquired or constructed under
    this subchapter shall be considered as quarters of the United States or
    a housing facility under the jurisdiction of a uniformed service for
    purposes of section 403 of title 37.
        ``(b) Availability of Basic Allowance for Housing.--A member of the
    armed forces who is assigned to a housing unit acquired or constructed
    under this subchapter that is not owned or leased by the United States
    shall be entitled to a basic allowance for housing under section 403 of
    title 37.
        ``(c) Lease Payments Through Pay Allotments.--The Secretary
    concerned may require members of the armed forces who lease housing in
    housing units acquired or constructed under this subchapter to make
    lease payments for such housing pursuant to allotments of the pay of
    such members under section 701 of title 37.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of subchapter IV of chapter 169 of such title is
            amended by striking the item relating to section 2882 and
            inserting the following new item:

    ``2882. Effect of assignment of members to housing units acquired or
                                constructed under alternative authority.''.
        (f) Annual Report on Maintenance and Repair to Privatized General
    and Flag Officer Quarters.--Section 2884(b) of such title, as amended
    by subsection (b), is further amended by adding at the end the
    following new paragraph:
                ``(8) A report identifying each family housing unit
            acquired or constructed under this subchapter that is used, or
            intended to be used, as quarters for a general officer or flag
            officer and for which the total operation, maintenance, and
            repair costs for the unit exceeded $50,000. For each housing
            unit so identified, the report shall also include the total of
            such operation, maintenance, and repair costs.''.

    SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
                  CONSTRUCTION PROJECTS INSIDE THE UNITED STATES CENTRAL
                  COMMAND AND UNITED STATES AFRICA COMMAND AREAS OF
                  RESPONSIBILITY.

        (a) One-Year Extension of Authority.--Subsection (a) of section
    2808 of the Military Construction Authorization Act for Fiscal Year
    2004 (division B of Public Law 108-136; 117 Stat. 1723), as amended by
    section 2810 of the Military Construction Authorization Act for Fiscal
    Year 2005 (division B of Public Law 108-375; 118 Stat. 2128), section
    2809 of the Military Construction Authorization Act for Fiscal Year
    2006 (division B of Public Law 109-163; 119 Stat. 3508), section 2802
    of the Military Construction Authorization Act for Fiscal Year 2007
    (division B of Public Law 109-364; 120 Stat. 2466), and section 2801 of
    the Military Construction Authorization Act for Fiscal Year 2008
    (division B of Public Law 110-181; 122 Stat. 538), is further amended--
                (1) by striking ``2008'' and inserting ``2009''; and
                (2) by striking ``outside the United States'' and inserting
            ``inside the United States Central Command and United States
            Africa Command areas of responsibility''.
        (b) Exception for Projects in Afghanistan From Limitation on
    Authority Related to Long-Term United States Presence.--Such
    subsection, as so amended, is further amended by inserting before the
    period at the end of paragraph (2) the following: ``, unless the
    military installation is located in Afghanistan, for which projects
    using this authority may be carried out at installations deemed as
    supporting a long-term presence''.
        (c) Modification of Annual Limitation on Use of Authority.--
    Subsection (c) of section 2808 of the Military Construction
    Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
    136; 117 Stat. 1723) is amended to read as follows:
        ``(c) Annual Limitation on Use of Authority.--(1) The total cost of
    the construction projects carried out under the authority of this
    section using, in whole or in part, appropriated funds available for
    operation and maintenance shall not exceed $200,000,000 in a fiscal
    year.
        ``(2) If the Secretary of Defense certifies to the congressional
    defense committees that additional construction in Afghanistan is
    required to meet urgent military requirements in Afghanistan, up to an
    additional $300,000,000 in funds available for operation and
    maintenance may be used in Afghanistan upon completing the
    prenotification requirements under subsection (b). Under no
    circumstances shall the total appropriated funds available from
    operation and maintenance for fiscal year 2009 exceed $500,000,000.''.
        (d) Quarterly Reports.--Subsection (d)(1) of such section, as
    amended by section 2810 of the Military Construction Authorization Act
    for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2128)
    and section 2809 of the Military Construction Authorization Act for
    Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508), is
    further amended by striking ``30 days'' and inserting ``45 days''.

    SEC. 2807. COST-BENEFIT ANALYSIS OF DISSOLUTION OF PATRICK FAMILY
                  HOUSING LLC.

        Not later than 30 days after the date of the enactment of this Act,
    the Secretary of the Air Force shall submit to the congressional
    defense committees a cost-benefit analysis of dissolving Patrick Family
    Housing LLC without exercising the full range of rights available to
    the United States Government to recover damages from the partnership.

            Subtitle B--Real Property and Facilities Administration

    SEC. 2811. CLARIFICATION OF CONGRESSIONAL REPORTING REQUIREMENTS FOR
                  CERTAIN REAL PROPERTY TRANSACTIONS.

        Section 2662(c) of title 10, United States Code, is amended by
    striking ``river and harbor projects or flood control projects'' and
    inserting ``water resource development projects of the Corps of
    Engineers''.

    SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY
                  DEPARTMENTS AND DEFENSE AGENCIES.

        (a) Consolidation of Separate Authorities.--
                (1) Establishment of single authority.--Subsection (a) of
            section 2667 of title 10, United States Code, is amended to
            read as follows:
        ``(a) Lease Authority.--Whenever the Secretary concerned considers
    it advantageous to the United States, the Secretary concerned may lease
    to such lessee and upon such terms as the Secretary concerned considers
    will promote the national defense or to be in the public interest, real
    or personal property that--
                ``(1) is under the control of the Secretary concerned;
                ``(2) is not for the time needed for public use; and
                ``(3) is not excess property, as defined by section 102 of
            title 40.''.
                (2) Secretary concerned defined.--Subsection (i) of such
            section is amended by adding at the end the following new
            paragraph:
                ``(4) The term `Secretary concerned' means--
                        ``(A) the Secretary of a military department, with
                    respect to matters concerning that military department;
                    and
                        ``(B) the Secretary of Defense, with respect to
                    matters concerning the Defense Agencies.''.
        (b) Prohibition on Leaseback With Excessive Annual Payments.--
    Subsection (b) of such section is amended--
                (1) by striking ``and'' at the end of paragraph (5);
                (2) by striking the period at the end of paragraph (6) and
            inserting ``; and''; and
                (3) by adding at the end the following new paragraph:
                ``(7) may not provide for a leaseback by the Secretary
            concerned with an annual payment in excess of $500,000.''.
        (c) Improved Congressional Notification Requirements.--Paragraph
    (4) of subsection (c) of such section is amended to read as follows:
        ``(4)(A) Not later than 30 days before issuing a contract
    solicitation or other lease offering under this section for a lease
    whose annual payment, including any in-kind consideration to be
    accepted under subsection (b)(5) or this subsection, will exceed
    $750,000, the Secretary concerned shall submit to the congressional
    defense committees a report containing--
                ``(i) a description of the proposed lease, including the
            proposed duration of the lease;
                ``(ii) a description of the authorities to be used in
            entering the lease and the intended participation of the United
            States in the lease, including a justification of the intended
            method of participation;
                ``(iii) a statement of the scored cost of the lease,
            determined using the scoring criteria of the Office of
            Management and Budget;
                ``(iv) a determination that the property involved in the
            lease is not excess property, as required by subsection (a)(3),
            including the basis for the determination;
                ``(v) a determination that the proposed lease is directly
            compatible with the mission of the military installation or
            Defense Agency whose property is to be subject to the lease and
            the anticipated long-term use of the property at the conclusion
            of the lease; and
                ``(vi) a description of the requirements or conditions
            within the contract solicitation or other lease offering for
            the offeror to address taxation issues, including payments-in-
            lieu-of taxes, and other development issues related to local
            municipalities.
        ``(B) In the case of a lease described in subparagraph (A), the
    Secretary concerned also shall submit to the congressional defense
    committees a report at least 30 days before the date on which the
    Secretary concerned enters into a lease the following information:
                ``(i) A copy of the report submitted under subparagraph
            (A).
                ``(ii) A description of the differences between the report
            submitted under that subparagraph and the new report.
                ``(iii) A description of the lessee payment required under
            this section.''.
        (d) Conforming Amendments to References to Military Departments and
    Installations.--
                (1) Community support facilities and community support
            services.--Subsection (d) of such section is amended--
                        (A) in paragraph (2), by striking ``Secretary of a
                    military department'' and inserting ``Secretary
                    concerned''; and
                        (B) in paragraphs (3), (4), and (6), by striking
                    ``of the military department'' each place it appears.
                (2) Deposit and use of proceeds.--Subsection (e) of such
            section is amended--
                        (A) in paragraph (1)(A)--
                                (i) in the matter preceding clause (i)--
                                        (I) by striking ``Secretary of a
                                    military department'' and inserting
                                    ``Secretary concerned''; and
                                        (II) by striking ``such military
                                    department'' and inserting ``that
                                    Secretary''; and
                                (ii) in clause (iii), by striking
                            ``military department'' and inserting
                            ``Secretary'';
                        (B) in paragraph (1)(B)(i), by striking ``Secretary
                    of a military department'' and inserting ``Secretary
                    concerned'';
                        (C) in paragraph (1)(C), by striking ``of a
                    military department pursuant to subparagraph (A) shall
                    be available to the Secretary of that military
                    department'' and inserting ``established for the
                    Secretary concerned shall be available to the
                    Secretary'';
                        (D) in paragraph (1)(D)--
                                (i) by striking ``of a military department
                            under subparagraph (A)'' and inserting
                            ``established for the Secretary concerned'';
                            and
                                (ii) by inserting ``or Defense Agency
                            location'' after ``military installation'';
                        (E) in paragraph (1)(E), by striking
                    ``installation'' and inserting ``military installation
                    or Defense Agency location''; and
                        (F) in paragraph (3), by striking ``Secretary of a
                    military department'' and inserting ``Secretary
                    concerned''.
                (3) Base closure property.--Subsection (g)(1) of such
            section is amended by striking ``Secretary of a military
            department'' and inserting ``Secretary concerned''.
        (e) Repeal of Separate Defense Agency Authority.--
                (1) Repeal.--Section 2667a of such title is repealed.
                (2) Effect on existing contracts.--The repeal of section
            2667a of title 10, United States Code, shall not affect the
            validity or terms of any lease with respect to property of a
            Defense Agency entered into by the Secretary of Defense under
            such section before the date of the enactment of this Act.
                (3) Treatment of money rents.--Amounts in any special
            account established for a Defense Agency pursuant to subsection
            (d) of section 2667a of title 10, United States Code, before
            repeal of such section by paragraph (1), and amounts that would
            be deposited in such an account in connection with a lease
            referred to in paragraph (2), shall--
                        (A) remain available until expended for the
                    purposes specified in such subsection, notwithstanding
                    the repeal of such section by paragraph (1); or
                        (B) to the extent provided in appropriations Acts,
                    be transferred to the special account required for the
                    Secretary of Defense by subsection (e) of section 2667
                    of such title, as amended by subsection (d)(2) of this
                    section.
        (f) Clerical Amendments.--
                (1) Section heading.--The heading of section 2667 of such
            title is amended to read as follows:
    ``Sec. 2667. Leases: non-excess property of military departments and
                  Defense Agencies''.
                (2) Table of sections.--The table of sections at the
            beginning of chapter 159 of such title is amended by striking
            the items relating to sections 2667 and 2667a and inserting the
            following new item:

    ``2667. Leases: non-excess property of military departments and Defense
                                Agencies.''.

    SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY.

        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) Construction of Utility Infrastructure After Conveyance of a
    Utility System.--(1) Upon conveyance of a utility system, the Secretary
    of a military department may convey additional 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 that--
                ``(A) the additional utility infrastructure was constructed
            or installed after the date of the conveyance of the utility
            system;
                ``(B) the additional utility infrastructure cannot operate
            without being a part of the conveyed utility system;
                ``(C) the additional utility infrastructure was planned and
            coordinated with the entity operating the conveyed utility
            system; and
                ``(D) 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).
        ``(2) The conveyance under this paragraph 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.''.

    SEC. 2814. DEFENSE ACCESS ROADS.

        (a) Basis for Transportation Needs Assessment.--Section 210(a) of
    title 23, United States Code, is amended--
                (1) by striking ``(a)'' and inserting ``(a)(1)''; and
                (2) by adding at the end the following new paragraph:
        ``(2) If it is determined that an action of the Department of
    Defense will cause a significant transportation impact to access to a
    military reservation, the Secretary of Defense shall conduct a
    transportation needs assessment to assess the magnitude of the
    improvement required to address the impact.''.
        (b) Report on Recently Identified Transportation Impacts.--Not
    later than April 1, 2009, the Secretary of Defense shall submit to the
    congressional defense committees and the Committee on Transportation
    and Infrastructure of the House of Representatives a report that
    details the significant transportation impacts resulting from actions
    of the Department of Defense since January 1, 2005. In the report, the
    Secretary shall assess the funding requirements necessary to address
    transportation needs resulting from these significant transportation
    impacts.

    SEC. 2815. REPORT ON APPLICATION OF FORCE PROTECTION AND ANTI-TERRORISM
                  STANDARDS TO GATES AND ENTRY POINTS ON MILITARY
                  INSTALLATIONS.

        (a) Report Required.--Not later than February 1, 2009, the
    Secretary of Defense shall submit to the congressional defense
    committees a report on the implementation of Department of Defense
    Anti-Terrorism/Force Protection standards at gates and entry points of
    military installations.
        (b) Content.--The report required under subsection (a) shall
    include the following:
                (1) A description of the anti-terrorism/force protection
            standards for gates and entry points.
                (2) An assessment, by installation, of whether the gates
            and entry points meet anti-terrorism/force protection
            standards.
                (3) An assessment of whether the standards are met with
            either temporary or permanent measures, facilities, or
            equipment.
                (4) A description and cost estimate of each action to be
            taken by the Secretary of Defense for each installation to
            ensure compliance with Department of Defense Anti-Terrorism/
            Force Protection standards using permanent measures and
            construction methods.
                (5) An investment plan to complete all action required to
            ensure compliance with the standards described under paragraph
            (1).

               Subtitle C--Provisions Related to Guam Realignment

    SEC. 2821. SENSE OF CONGRESS REGARDING MILITARY HOUSING AND UTILITIES
                  RELATED TO GUAM REALIGNMENT.

        (a) Nature of Special Purpose Entities.--It is the sense of
    Congress that any military family housing provided in connection with
    the realignment of military installations and the relocation of
    military personnel on Guam should--
                (1) be operated, to the extent practicable, in the manner
            provided for public-private ventures under subchapter IV of
            chapter 169 of title 10, United States Code; and
                (2) should be constructed in accordance with current
            Department of Defense building standards.
        (c) Utility Infrastructure Improvements.--It is the sense of
    Congress that the proposed utility infrastructure improvements on Guam
    should incorporate the civilian and military infrastructure into a
    single grid to realize and maximize the effectiveness of the overall
    utility system, if appropriate cost sharing and quality standards are
    met.

    SEC. 2822. FEDERAL ASSISTANCE TO GUAM.

        (a) Sense of Congress.--It is the sense of Congress that the
    Interagency Group on Insular Areas, in coordination with the
    appropriate Federal agencies, should enter into a memorandum of
    understanding with the Government of Guam to identify, before the
    realignment of military installations and the relocation of military
    personnel on Guam, local funding requirements for civilian
    infrastructure development and other needs related to the realignment
    and relocation.
        (b) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Comptroller General shall submit to the
    congressional defense committees a report on the status of interagency
    coordination through the Interagency Group on Insular Areas of
    budgetary requests to assist the Government of Guam with its budgetary
    requirements related to the realignment of military forces on Guam. The
    report shall address to what extent and how the Interagency Group on
    Insular Areas will be able to coordinate interagency budgets so the
    realignment of military forces on Guam will meet the 2014 completion
    date as stipulated in the May 2006 security agreement between the
    United States and Japan.
        (c) Interagency Group on Insular Areas Defined.--In this section,
    the term ``Interagency Group on Insular Areas'' means the interagency
    group established by Executive Order No. 13299 of May 12, 2003 (68 Fed.
    Reg. 25477; 48 U.S.C. note prec. 1451). The term includes any sub-group
    or working group of that interagency group.

    SEC. 2823. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA
                  ISLANDS FOR MILITARY BASE REUSE STUDIES AND COMMUNITY
                  PLANNING ASSISTANCE.

        (a) Inclusion in Definition of Military Installation.--Section
    2687(e)(1) of title 10, United States Code, is amended by inserting
    after ``Virgin Islands,'' the following: ``the Commonwealth of the
    Northern Mariana Islands,''.
        (b) Inclusion of Facilities Owned and Operated by Commonwealth.--
    Section 2391(d)(1) of title 10, United States Code, is amended by
    inserting after ``Guam,'' the following: ``the Commonwealth of the
    Northern Mariana Islands,''.

    SEC. 2824. SUPPORT FOR REALIGNMENT OF MILITARY INSTALLATIONS AND
                  RELOCATION OF MILITARY PERSONNEL ON GUAM.

        (a) Establishment of Account.--There is established on the books of
    the Treasury an account to be known as the ``Support for United States
    Relocation to Guam Account'' (in this section referred to as the
    ``Account'').
        (b) Credits to Account.--
                (1) Amounts in fund.--There shall be credited to the
            Account all contributions received during fiscal year 2009 and
            subsequent fiscal years under section 2350k of title 10, United
            States Code, for the realignment of military installations and
            the relocation of military personnel on Guam.
                (2) Notice of receipt of contributions.--The Secretary of
            Defense shall submit to the congressional defense committees
            written notice of the receipt of contributions referred to in
            paragraph (1), including the amount of the contributions, not
            later than 30 days after receiving the contributions.
        (c) Use of Account.--
                (1) Authorized uses.--Subject to paragraph (2), amounts in
            the Account may be used as follows:
                        (A) To carry out or facilitate the carrying out of
                    a transaction authorized by this section in connection
                    with the realignment of military installations and the
                    relocation of military personnel on Guam, including
                    military construction, military family housing,
                    unaccompanied housing, general facilities constructions
                    for military forces, and utilities improvements.
                        (B) To carry out improvements of property or
                    facilities on Guam as part of such a transaction.
                        (C) To obtain property support services for
                    property or facilities on Guam resulting from such a
                    transaction.
                        (D) To develop military facilities or training
                    ranges in the Commonwealth of the Northern Mariana
                    Islands.
                (2) Compliance with guam master plan.--Transactions
            authorized by paragraph (1) shall be consistent with the Guam
            Master Plan, as incorporated in decisions made in the manner
            provided in section 102 of the National Environmental Policy
            Act of 1969 (42 U.S.C. 4332).
                (3) Limitation regarding military housing.--To extent that
            the authorities provided under subchapter IV of chapter 169 of
            title 10, United States Code, are available to the Secretary of
            Defense, the Secretary shall use such authorities to acquire,
            construct, or improve family housing units or ancillary
            supporting facilities in connection with the relocation of
            military personnel on Guam.
                (4) Special requirements regarding use of contributions.--
                        (A) Treatment of contributions.--Except as provided
                    in subparagraph (C), the use of contributions referred
                    to in subsection (b)(1) shall not be subject to
                    conditions imposed on the use of appropriated funds by
                    chapter 169 of title 10, United States Code, or
                    contained in annual military construction
                    appropriations Acts.
                        (B) Notice of obligation.--Contributions referred
                    to in subsection (b)(1) may not be obligated for a
                    transaction authorized by paragraph (1) until the
                    Secretary of Defense submits to the congressional
                    defense committees notice of the transaction, including
                    a detailed cost estimate, and a period of 21 days has
                    elapsed after the date on which the notification is
                    received by the committees or, if earlier, a period of
                    14 days has elapsed after the date on which a copy of
                    the notification is provided in an electronic medium.
                        (C) Cost and scope of work variations.--Section
                    2853 of title 10, United States Code, shall apply to
                    the use of contributions referred to in subsection
                    (b)(1).
        (d) Transfer Authority.--
                (1) Transfer to housing funds.--The Secretary of Defense
            may transfer funds from the Account to the Department of
            Defense Family Housing Improvement Fund established by section
            2883(a)(1) of title 10, United States Code.
                (2) Treatment of transferred amounts.--Amounts transferred
            under paragraph (1) to a fund referred to in that paragraph
            shall be available in accordance with the provisions of section
            2883 of title 10, United States Code for activities on Guam
            authorized under subchapter IV of chapter 169 of such title.
        (e) Report Regarding Guam Military Construction.--Not later than
    February 15 of each year, the Secretary of Defense shall submit to
    Congress a report containing information on each military construction
    project included in the budget submission for the next fiscal year
    related to the realignment of military installations and the relocation
    of military personnel on Guam. The Secretary shall present the
    information in manner consistent with the presentation of projects in
    the military construction accounts for each of the military departments
    in the budget submission. The report shall also include projects
    associated with the realignment of military installations and
    relocation of military personnel on Guam that are included in the
    future-years defense program pursuant to section 221 of title 10,
    United States Code.
        (f) Sense of Congress.--It is the sense of Congress that the use of
    the Account to facilitate construction projects associated with the
    realignment of military installations and the relocation of military
    personnel on Guam, as authorized by subsection (c)(1), provides a great
    opportunity for business enterprises of the United States and its
    territories to contribute to the United States strategic presence in
    the western Pacific by competing for contracts awarded for such
    construction. Congress urges the Secretary of Defense to ensure maximum
    participation by business enterprises of the United States and its
    territories in such construction.

                          Subtitle D--Energy Security

    SEC. 1. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY-RELATED
                  PROJECTS.

        Section 2667(h) of title 10, United States Code, is amended by
    adding at the end the following new paragraph:
        ``(5) If a proposed lease under subsection (a) involves a project
    related to energy production and the term of the lease exceeds 20
    years, the Secretary concerned may not enter into the lease until at
    least 30 days after the date on which the Secretary of Defense submits
    to the congressional defense committees a certification that the
    project is consistent with the Department of Defense performance goals
    and plan required by section 2911 of this title.''.

    SEC. 2. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS ENERGY
                  MANAGEMENT.

        Section 2925(a) of title 10, United States Code, is amended--
                (1) by striking the subsection heading and inserting the
            following: ``Annual Report Related to Installations Energy
            Management.--'';
                (2) in paragraph (1), by inserting ``, the Energy
            Independence and Security Act of 2007 (Public Law 110-140),''
            after ``58)''; and
                (3) by adding at the end the following new paragraph:
                ``(6) A description and estimate of the progress made by
            the military departments to meet the certification requirements
            for sustainable green-building standards in construction and
            major renovations as required by section 433 of the Energy
            Independence and Security Act of 2007 (Public Law 110-140; 121
            Stat. 1612).''.

                          Subtitle E--Land Conveyances

    SEC. 2841. LAND CONVEYANCE, FORMER NAVAL AIR STATION, ALAMEDA,
                  CALIFORNIA.

        (a) Conveyance Authorized.--The Secretary of the Navy may convey to
    the redevelopment authority for the former Naval Air Station Alameda,
    California (in this section referred to as the ``redevelopment
    authority''), all right, title and interest of the United States in and
    to the real and personal property comprising Naval Air Station Alameda,
    except those parcels identified for public benefit conveyance and
    certain surplus lands at the Naval Air Station Alameda described in the
    Federal Register on November 5, 2007. In this section, the real and
    personal property to be conveyed under this section is referred to as
    the ``NAS Property''.
        (b) Multiple Conveyances.--The conveyance of the NAS Property may
    be conducted through multiple parcel transfers.
        (c) Consideration.--As consideration for the conveyance of the NAS
    Property under subsection (a), the Secretary of the Navy shall seek to
    obtain fair market value.
        (d) Existing Uses.--During the three-year period beginning on the
    date on which the first conveyance under this section is made, the
    redevelopment authority shall make reasonable efforts to accommodate
    the continued use by the United States of those portions of the NAS
    Property covered by a request for Federal Land Transfer so long as the
    accommodation of such use is at no cost or expense to the redevelopment
    authority. Such accommodations shall provide adequate protection for
    the endangered California Least Tern in accordance with the
    requirements of the existing Biological Opinion for Naval Air Station
    Alameda dated March 22, 1999, and any future amendments to the
    Biological Opinion.
        (e) Savings Provision.--Nothing in this section shall be construed
    to affect or limit the application of, or any obligation to comply
    with, any environmental law, including the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
    seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
        (f) Description of Property.--The exact acreage and legal
    description of the real property to be conveyed under this section
    shall be determined by a survey satisfactory to the Department.
        (g) Master Lease.--The Lease in Furtherance of Conveyance, dated
    June 2000, as amended, between the Secretary of the Navy and the
    redevelopment authority shall remain in full force and effect until
    conveyance of the NAS Property in accordance with this section, and a
    lease amendment recognizing this section shall be offered by the
    Secretary.
        (h) Treatment of Amounts Received.--Amounts received by the United
    States under this section shall be credited to the fund or account
    intended to receive proceeds from the disposal of the NAS Property
    pursuant to the Defense Base Closure and Realignment Act of 1990 (part
    A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
        (i) Additional Terms and Conditions.--The Secretary of the Navy may
    require such additional terms and conditions in connection with the
    conveyance under subsection (a) as the Secretary considers appropriate
    to protect the interests of the United States.

    SEC. 2842. TRANSFER OF ADMINISTRATIVE JURISDICTION, DECOMMISSIONED
                  NAVAL SECURITY GROUP ACTIVITY, SKAGGS ISLAND, CALIFORNIA.

        (a) Transfer Memorandum of Agreement.--The Secretary of the Navy
    and the Secretary of the Interior shall negotiate a memorandum of
    agreement that stipulates the conditions upon which the decommissioned
    Naval Security Group Activity, Skaggs Island, Sonoma, California shall
    be transferred from the administrative jurisdiction of the Department
    of the Navy to the United States Fish and Wildlife Service for
    inclusion in the National Wildlife Refuge System.
        (b) Acceptance of Donations; Use.--The Secretary of the Navy and
    the Secretary of the Interior may accept contributions from the State
    of California and other entities to help cover the costs of demolishing
    and removing structures on the property described in subsection (a) and
    to facilitate future environmental restoration that furthers the
    ultimate end use of the property for conservation purposes. Amounts
    received may be merged with other amounts available to the Secretaries
    to carry out this section and shall remain available, without further
    appropriation and until expended.

    SEC. 2843. 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)(1) 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 congressional defense committees.

    SEC. 2844. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS ARMY
                  RESERVE CENTER, SPRINGFIELD, OHIO.

        (a) Conveyance Authorized.--At such time as the Army Reserve
    vacates the Sergeant First Class M.L. Downs Army Reserve Center at 1515
    West High Street in Springfield, Ohio, the Secretary of the Army may
    convey, without consideration, to the City of Springfield, Ohio (in
    this section referred to as the ``City''), all right, title, and
    interest of the United States in and to the parcel of real property,
    including improvements thereon, containing the Reserve Center and
    approximately three acres for the purpose of permitting the City to
    utilize the property for municipal government activities.
        (b) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a) is not being used
    in accordance with the purpose of the conveyance, all right, title, and
    interest in and to such real property, including any improvements and
    appurtenant easements thereto, shall, at the option of the Secretary,
    revert to and become the property of the United States, and the United
    States shall have the right of immediate entry onto such real property.
    A determination by the Secretary under this subsection shall be made on
    the record after an opportunity for a hearing.
        (c) Description of Property.--The exact acreage and legal
    description of the real property to be conveyed under subsection (a)
    shall be determined by a survey satisfactory to the Secretary.
        (d) Payment of Costs of Conveyances.--
                (1) Payment required.--The Secretary shall require the City
            to cover costs to be incurred by the Secretary, or to reimburse
            the Secretary for costs incurred by the Secretary, to carry out
            the conveyance under subsection (a), including survey costs,
            costs related to environmental documentation, and other
            administrative costs related to the conveyance. If amounts are
            collected from the City in advance of the Secretary incurring
            the actual costs, and the amount collected exceeds the costs
            actually incurred by the Secretary to carry out the conveyance,
            the Secretary shall refund the excess amount to the City.
                (2) Treatment of amounts received.--Amounts received as
            reimbursements under paragraph (1) shall be credited to the
            fund or account that was used to cover the costs incurred by
            the Secretary in carrying out the conveyance. Amounts so
            credited shall be merged with amounts in such fund or account
            and shall be available for the same purposes, and subject to
            the same conditions and limitations, as amounts in such fund or
            account.
        (e) Additional Term and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.

    SEC. 2845. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY, TENNESSEE.

        (a) Conveyance Authorization.--The Secretary of the Army may
    convey, without consideration, to the State of Tennessee all right,
    title, and interest of the United States in and to a parcel of real
    property, including any improvements thereon and appurtenant easements
    thereto, consisting of approximately 124 acres known as the John Sevier
    Range in Knox County, Tennessee, for the purpose of using such real
    property as a public firing range and for other public recreational
    activities.
        (b) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a) is not being used
    in accordance with the terms of the conveyance, all right, title, and
    interest in and to such real property, including any improvements and
    appurtenant easements thereto, shall, at the option of the Secretary,
    revert to and become the property of the United States, and the United
    States shall have the right of immediate entry onto such real property.
    A determination by the Secretary under this subsection shall be made on
    the record after an opportunity for a hearing.
        (c) Administrative Expenses.--In accordance with section 2695 of
    title 10, United State Code, the Secretary may accept amounts provided
    by the State to cover administrative expenses incurred by the Secretary
    with respect to the conveyance authorized under subsection (a),
    including survey expenses, expenses related to environmental
    documentation, and other administrative expenses related to such
    conveyance. Such amounts shall be credited, pursuant to subsection (c)
    of section 2695 of such title, to the appropriation, fund, or account
    from which such expenses were paid. If amounts are collected from the
    State in advance of the Secretary incurring such expenses, and the
    amount collected exceeds the expenses actually incurred by the
    Secretary, the Secretary shall refund the excess amount to the State.
        (d) Description of Property.--The exact acreage and legal
    description of the real property authorized to be conveyed under
    subsection (a) shall be determined by a survey satisfactory to the
    Secretary and the State.
        (e) Additional Terms and Conditions.--The Secretary may require
    such additional terms and conditions in connection with the conveyance
    authorized under subsection (a) as the Secretary considers appropriate
    to protect the interests of the United States.

    SEC. 2846. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, UTAH.

        (a) Conveyance Authorized.--If the Secretary of the Army determines
    that it is the national security interest of the United States, the
    Secretary may convey, without consideration, to the State of Utah (in
    this section, the ``State'') on behalf of the Utah National Guard all
    right, title, and interest of the United States in and to two parcels
    of real property, including improvements thereon, that are located
    within the boundaries of Camp Williams, Utah, consisting of
    approximately 608 acres and 308 acres, respectively, and are identified
    in the Utah National Guard master plan.
        (b) Condition.--As a condition of the conveyance, the Secretary
    shall, not later than 21 days before carrying out the conveyance,
    submit a report to Congress certifying that the purpose of the
    conveyance is to further the interest of national security and the
    property conveyed will be used for military purposes only.
        (c) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a), or any portion
    thereof, has been sold or is not being used in a manner consistent with
    subsection (b), the property shall revert, at the option of the
    Secretary, to the United States, and the United States shall have the
    right of immediate entry onto the property. Any determination of the
    Secretary under this subsection shall be made on the record after
    consultation with the Governor of the State of Utah and an opportunity
    for a hearing.
        (d) Payment of Costs of Conveyance.--
                (1) Payment required.--The Secretary shall require the
            State to cover costs to be incurred by the Secretary, or to
            reimburse the Secretary for costs incurred by the Secretary, to
            carry out the conveyance under subsection (a), including survey
            costs, costs related to environmental documentation, and other
            administrative costs related to the conveyance. If amounts are
            collected from the State in advance of the Secretary incurring
            the actual costs, and the amount collected exceeds the costs
            actually incurred by the Secretary to carry out the conveyance,
            the Secretary shall refund the excess amount to the State.
                (2) Treatment of amounts received.--Amounts received as
            reimbursements under paragraph (1) shall be credited to the
            fund or account that was used to cover the costs incurred by
            the Secretary in carrying out the conveyance. Amounts so
            credited shall be merged with amounts in such fund or account
            and shall be available for the same purposes, and subject to
            the same conditions and limitations, as amounts in such fund or
            account.
        (e) Description of Real Property.--The exact acreage and legal
    description of the real property to be conveyed under subsection (a)
    shall be determined by a survey satisfactory to the Secretary.
        (f) Additional Terms and Conditions.--The Secretary may require
    such additional terms and conditions in connection with the conveyance
    under subsection (a) as the Secretary considers appropriate to protect
    the interests of the United States.

    SEC. 2847. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC TRAIL THROUGH
                  FORT BELVOIR, VIRGINIA.

        (a) Agreement Authority.--The Secretary of the Army may enter into
    a revocable at will easement with the Secretary of the Interior to
    provide land along the perimeter of Fort Belvoir, Virginia, to be used
    as a segment of the Potomac Heritage National Scenic Trail.
        (b) Selection Criteria.--In determining the extent of the easement,
    the Secretary of the Army shall provide for a single trail, and select
    alignments of the trail, along the perimeter of Fort Belvoir. In making
    that determination, the Secretary shall consider--
                (1) the perimeter security requirements to protect the
            assets, people, and agency missions located at Fort Belvoir;
                (2) the appropriate setback from adjacent roadways to
            provide for a safe and enjoyable experience for users of the
            trail; and
                (3) any planned future expansion of roadways, including
            United States Route 1, so that the trail will not be adversely
            impacted by roadway construction.
        (c) Trail Administration and Management.--A written agreement
    confirming an administration and management arrangement of any segment
    of the Potomac Heritage National Scenic Trail along the perimeter of
    Fort Belvoir shall be co-signed by the parties to the easement
    agreement.

                           Subtitle F--Other Matters

    SEC. 2851. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO
                  ARLINGTON NATIONAL CEMETERY.

        Section 2881(h)(1) of the Military Construction Authorization Act
    for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879),
    as amended by section 2871 of the Military Construction Authorization
    Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
    561), is further amended by striking ``January 1, 2011'' and inserting
    ``January 1, 2012''.

    SEC. 2852. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF ADDITIONAL
                  BUILDING AT NATIONAL MUSEUM OF THE UNITED STATES AIR
                  FORCE, WRIGHT-PATTERSON AIR FORCE BASE.

        (a) Acceptance Authorized.--The Secretary of the Air Force may
    accept from the Air Force Museum Foundation, a private nonprofit
    corporation, gifts in the form of cash, treasury instruments, or
    comparable United States securities for the purpose of paying the costs
    of design and construction of a fourth building for the National Museum
    of the United States Air Force at Wright-Patterson Air Force Base,
    Ohio. In making a gift, the Air Force Museum Foundation may specify
    that all or part of the amount of the gift be utilized solely for the
    purpose of the design and construction of a particular portion of the
    building and for contract management related to such design and
    construction.
        (b) Escrow Account.--
                (1) Deposit of gifts.--The Secretary of the Air Force,
            acting through the Director of Financial Management of the Air
            Force Materiel Command (in this section referred to as the
            ``Director''), shall deposit the amount of any gift accepted
            under subsection (a) in an escrow account established for that
            purpose.
                (2) Investment.--Amounts in the escrow account not required
            to meet current requirements of the account shall be invested
            in public debt securities with maturities suitable to the needs
            of the account, as determined by the Director, and bearing
            interest at rates that take into consideration current market
            yields on outstanding marketable obligations of the United
            States of comparable securities. The income on such investments
            shall be credited to and form a part of the account.
                (3) Liquidation.--Upon final payment of all invoices and
            claims associated with the design and construction of the
            building described in subsection (a), the Secretary shall
            terminate the escrow account. Any amounts remaining in the
            account upon termination shall be available to the Secretary,
            in such amounts as are provided in advance in appropriations
            Acts, for such purposes as the Secretary considers appropriate.
        (c) Use of Gifts.--
                (1) Design, construction, and contract management.--Subject
            to any conditions imposed by the Air Force Museum Foundation
            under subsection (a), the Director shall use amounts in the
            escrow account, including income on investments, to pay all
            costs for the design and construction of a fourth building for
            the National Museum of the United States Air Force and all
            costs for contract management related to such design and
            construction. The requirement imposed by this paragraph
            includes making progress payments for such design and
            construction.
                (2) Sole source of funds.--Gifts received under subsection
            (a) and income on investments made under subsection (b)(2)
            shall be the sole source of funds used to pay all costs for the
            design and construction of a fourth building for the National
            Museum of the United States Air Force and all costs for
            contract management related to such design and construction.
                (3) Time for payment.--Amounts shall be payable under
            paragraph (1) upon receipt by the Director of a notification
            from the technical representative of the contracting officer
            that construction activities for which such amounts are payable
            under paragraph (1) have been undertaken. To the maximum extent
            practicable consistent with good business practice, the
            Director shall limit payment of amounts from the account in
            order to maximize the return on investment of amounts in the
            account.
        (d) Limitation on Contracts.--The Secretary of the Air Force may
    not initiate a contract for the design or construction of a particular
    portion of the building described in subsection (a) until amounts in
    the escrow account are sufficient to cover the amount of the contract.

    SEC. 2853. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR NAVAL
                  BASE, HAWAII.

        (a) Lease.--The Secretary of the Navy shall enter into a lease with
    the USS Missouri Memorial Association to authorize the USS Missouri
    Memorial Association to use the pier Foxtrot Five and related real
    property on Ford Island, Pearl Harbor Naval Base, Hawaii, during
    calendar years 2009 and 2010.
        (b) Consideration.--The lease required by subsection (a) shall be
    made without consideration.
        (c) Conditions on Use of Leased Property.--As conditions on the
    lease under subsection (a), the USS Missouri Memorial Association shall
    agree--
                (1) to preserve and maintain the ex-USS Missouri for
            education purposes, historic preservation, and community
            outreach;
                (2) that the Navy may use the leased property without
            charge for purposes that do not interfere with the use of such
            property by the USS Missouri Memorial Association; and
                (3) that the Navy may use the ex-USS Missouri for official
            functions at no cost.
        (d) Effect of Violation.--If the Secretary determines at any time
    that the USS Missouri Memorial Association is not in compliance with
    the conditions imposed by subsection (c), the Secretary may terminate
    the lease referred to in subsection (a). Any determination of the
    Secretary under this subsection shall be made on the record after an
    opportunity for a hearing.

    SEC. 2854. USE OF RUNWAY AT NASJRB WILLOW GROVE, PENNSYLVANIA.

        (a) Conditions on Conveyance, Grant, Lease, or License.--Any
    conveyance, grant, lease, or license from the United States to the
    Commonwealth of Pennsylvania or other legal entity that includes the
    airfield property located at NASJRB Willow Grove and designated for
    operation as a Joint Interagency Installation pursuant to section 3703
    of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
    Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat.
    145) shall be subject to the restrictions on the use of the airfield
    set forth in subsection (b).
        (b) Restrictions on Use.--The airfield at the installation shall
    not be used for any of the following purposes:
                (1) Commercial passenger operations.
                (2) Commercial cargo operations.
                (3) Commercial, business, or nongovernment aircraft
            operations for purposes not related to the missions of the
            installation, except that this paragraph shall not apply in
            exigent circumstances or prohibit use of the airfield by or on
            behalf of any associated user which is a tenant of the
            installation.
                (4) As a reliever airport to relieve congestion at other
            airports or to provide improved general aviation access to the
            overall community, except that this paragraph shall not apply
            in exigent circumstances.
        (c) Limitation on Statutory Construction.--Nothing in this section
    shall be construed to diminish or alter authorized uses of the
    installation, including the military enclave that is part thereof, by
    the United States or its agencies or instrumentalities or to limit use
    of the property in exigent circumstances.
        (d) Definitions.--In this section:
                (1) Airfield.--The term ``airfield'' means the airfield
            referred to in subsection (a).
                (2) Associated users.--The term ``associated users'' means
            nongovernmental organizations and private entities that use the
            airfield for purposes related to the national defense, homeland
            security, and emergency preparedness missions of the
            installation.
                (3) Exigent circumstances.--The term ``exigent
            circumstances''  means unusual conditions, including adverse or
            unusual weather conditions, alerts, and actual or threatened
            emergencies that are determined by the installation to require
            limited-duration use of the installation or its airfield for
            operations, including flying operations, for uses otherwise
            restricted under subsection (b).
                (4) Commercial cargo operations.--The term ``commercial
            cargo operations'' means aircraft operations by a commercial
            cargo or freight carrier in cases in which cargo is delivered
            to or flown from the installation under established schedules,
            except that the term does not include any cargo operations
            undertaken by or on behalf of any user of the installation or
            cargo operations related to the national defense, homeland
            security, and emergency preparedness missions of the
            installation.
                (5) Commercial passenger operations.--The term ``commercial
            passenger operations'' means aircraft passenger operations by
            commercial passenger carriers involving flights where
            passengers are boarded or enplaned at the installation, except
            that the term does not include passenger operations undertaken
            by or on behalf of any user of the installation or passenger
            operations related to the national defense, homeland security,
            and emergency preparedness missions of the installation.
                (6) Installation.--The term ``installation'' means the
            Joint Interagency Installation referred to in subsection (a).

    SEC. 2855. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA.

        The health facility located at 301 Andrews Avenue in Fort Rucker,
    Alabama, shall be known and designated as the ``Lyster Army/VA Health
    Clinic''. Any reference in a law, map, regulation, document, paper, or
    other record of the United States to such facility shall be deemed to
    be a reference to the Lyster Army/VA Health Clinic.

          TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

                     Subtitle A--Fiscal Year 2008 Projects

    Sec. 2901. Authorized Army construction and land acquisition projects.
    Sec. 2902. Authorized Navy construction and land acquisition projects.
    Sec. 2903. Authorized Air Force construction and land acquisition
                                projects.
    Sec. 2904. Authorized Defense Agencies construction and land
                                acquisition projects.
    Sec. 2905. Termination of authority to carry out fiscal year 2008 Army
                                projects.

                     Subtitle B--Fiscal Year 2009 Projects

    Sec. 2911. Authorized Army construction and land acquisition projects.
    Sec. 2912. Authorized Navy construction and land acquisition projects.

                     Subtitle A--Fiscal Year 2008 Projects

    SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

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

                         Army: Inside the United States
    ------------------------------------------------------------------------
                State               Installation or Location      Amount
    ------------------------------------------------------------------------
    Alaska.......................  Fort Wainwright..........     $17,000,000
    California...................  Fort Irwin...............     $11,800,000
    Colorado.....................  Fort Carson..............      $8,400,000
    Georgia......................  Fort Gordon..............     $39,800,000
    Hawaii.......................  Schofield Barracks.......     $12,500,000
    Kentucky.....................  Fort Campbell............      $9,900,000
                                   Fort Knox................      $7,400,000
    North Carolina...............  Fort Bragg...............      $8,500,000
    Oklahoma.....................  Fort Sill................      $9,000,000
    Texas........................  Fort Bliss...............     $17,300,000
                                   Fort Hood................      $7,200,000
                                   Fort Sam Houston.........     $54,000,000
    Virginia.....................  Fort Lee.................      $7,400,000
    ------------------------------------------------------------------------

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in subsection (c)(2), the
    Secretary of the Army may acquire real property and carry out military
    construction projects for the installations or locations outside the
    United States, and in the amounts, set forth in the following table:

                         Army: Outside the United States
    ------------------------------------------------------------------------
               Country              Installation or Location      Amount
    ------------------------------------------------------------------------
    Iraq  .......................  Camp Adder...............     $13,200,000
                                   Camp Ramadi..............      $6,200,000
                                   Fallujah.................      $5,500,000
    ------------------------------------------------------------------------

        (c) Authorization of Appropriations.--In addition to funds
    authorized to be appropriated under 2901(c) of the Military
    Construction Authorization Act for Fiscal Year 2008 (division B of
    Public Law 110-181; 122 Stat. 571), funds are hereby authorized to be
    appropriated for fiscal years beginning after September 30, 2007, for
    military construction, land acquisition, and military family housing
    functions of the Department of the Army in the total amount of
    $241,100,000 as follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $210,200,000.
                (2) For military construction projects outside the United
            States authorized by subsection (b), $24,900,000.
                (3) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $6,000,000.

    SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

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

                                             Navy: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                       State                                 Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    California................................  Camp Pendleton....................................        $9,270,000
                                                China Lake........................................        $7,210,000
                                                Point Mugu........................................        $7,250,000
                                                San Diego.........................................       $12,299,000
                                                San Diego Marine Corps Recruit Depot (MCRD).......       $43,200,000
                                                Twentynine Palms..................................       $11,250,000
    Florida...................................  Eglin Air Force Base..............................          $780,000
    Mississippi...............................  Gulfport..........................................        $6,570,000
    North Carolina............................  Camp Lejeune......................................       $27,980,000
    Virginia..................................  Yorktown..........................................        $8,070,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Authorization of Appropriations.--In addition to funds
    authorized to be appropriated under 2902(d) of the Military
    Construction Authorization Act for Fiscal Year 2008 (division B of
    Public Law 110-181; 122 Stat. 572), funds are hereby authorized to be
    appropriated for fiscal years beginning after September 30, 2007, for
    military construction, land acquisition, and military family housing
    functions of the Department of the Navy in the total amount of
    $137,931,000 as follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $133,879,000.
                (2) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $4,052,000.

    SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
                  PROJECTS.

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

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

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in subsection (c)(2), the
    Secretary of the Air Force may acquire real property and carry out
    military construction projects for the installations or locations
    outside the United States, and in the amounts, set forth in the
    following table:

                                          Air Force: Outside the United States
    ----------------------------------------------------------------------------------------------------------------
                      Country                                Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    Qatar.....................................  Al Udeid..........................................       $60,400,000
    ----------------------------------------------------------------------------------------------------------------

        (c) Authorization of Appropriations.--In addition to funds
    authorized to be appropriated under 2903(b) of the Military
    Construction Authorization Act for Fiscal Year 2008 (division B of
    Public Law 110-181; 122 Stat. 573), funds are hereby authorized to be
    appropriated for fiscal years beginning after September 30, 2007, for
    military construction, land acquisition, and military family housing
    functions of the Department of the Air Force in the total amount of
    $98,427,000, as follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $36,600,000.
                (2) For military construction projects outside the United
            States authorized by subsection (b), $60,400,000.
                (3) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $1,427,000.

    SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
                  ACQUISITION PROJECTS.

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

                                       Defense Agencies: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                       State                                 Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    North Carolina............................  Camp Lejeune......................................       $57,900,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Authorization of Appropriations.--In addition to funds
    authorized to be appropriated under 2904(c) of the Military
    Construction Authorization Act for Fiscal Year 2008 (division B of
    Public Law 110-181; 122 Stat. 573), funds are hereby authorized to be
    appropriated for fiscal years beginning after September 30, 2007, 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 $110,735,000, as follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $57,900,000.
                (2) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $52,835,000.

    SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2008 ARMY
                  PROJECTS.

        (a) Termination of Authority.--The table in section 2901(b) of the
    Military Construction Authorization Act for Fiscal Year 2008 (division
    B of Public Law 110-181; 122 Stat. 570), is amended--
                (1) in the item relating to Camp Adder, Iraq, by striking
            ``$80,650,000'' in the amount column and inserting
            ``$75,800,000'';
                (2) in the item relating to Camp Anaconda, Iraq, by
            striking ``$53,500,000'' in the amount column and inserting
            ``$10,500,000'';
                (3) in the item relating to Camp Victory, Iraq, by striking
            ``$65,400,000'' in the amount column and inserting
            ``$60,400,000'';
                (4) by striking the item relating to Tikrit, Iraq; and
                (5) in the item relating to Camp Speicher, Iraq, by
            striking ``$83,900,000'' in the amount column and inserting
            ``$74,100,000''.
        (b) Conforming Amendments.--Section 2901(c) of the Military
    Construction Authorization Act for Fiscal Year 2008 (division B of
    Public Law 110-181; 122 Stat. 571) is amended--
                (1) by striking ``$1,257,750,000'' and inserting
            ``$1,152,100,000''; and
                (2) in paragraph (2), by striking ``$1,055,450,000'' and
            inserting ``$949,800,000''.

                     Subtitle B--Fiscal Year 2009 Projects

    SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in subsection (b)(1), the
    Secretary of the Army may acquire real property and carry out military
    construction projects to construct or renovate warrior transition unit
    facilities at the installations or locations inside the United States
    set forth in the following table:

                         Army: Inside the United States
    ------------------------------------------------------------------------
                State               Installation or Location      Amount
    ------------------------------------------------------------------------
    Various......................  Various locations........    $400,000,000
    ------------------------------------------------------------------------

        (b) Authorization of Appropriations.--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
    $450,000,000, as follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $400,000,000.
                (2) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $50,000,000.
        (c) Report Required Before Commencing Certain Projects.--Funds may
    not be obligated for the projects authorized by this section until 14
    days after the date on which the Secretary of Defense submits to the
    congressional defense committees a report containing a detailed
    justification for the projects.

    SEC. 2912. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in subsection (b)(1), the
    Secretary of the Navy may acquire real property and carry out military
    construction projects to construct or renovate warrior transition unit
    facilities at the installations or locations inside the United States
    set forth in the following table:

                                             Navy: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                         State                                  Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Various........................................  Various locations............................       $40,000,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Authorization of Appropriations.--Subject to section 2825 of
    title 10, United States Code, 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
    $50,000,000, as follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $40,000,000.
                (2) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $10,000,000.
        (c) Report Required Before Commencing Certain Projects.--Funds may
    not be obligated for the projects authorized by this section until 14
    days after the date on which the Secretary of Defense submits to the
    congressional defense committees a report containing a detailed
    justification for the projects.

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

             Subtitle A--National Security Programs Authorizations

    Sec. 3101. National Nuclear Security Administration.
    Sec. 3102. Defense environmental cleanup.
    Sec. 3103. Other defense activities.
    Sec. 3104. Defense nuclear waste disposal.
    Sec. 3105. Energy security and assurance.

       Subtitle B--Program Authorizations, Restrictions, and Limitations

    Sec. 3111. Modification of functions of Administrator for Nuclear
                                Security to include elimination of surplus
                                fissile materials usable for nuclear
                                weapons.
    Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and
                                Metallurgy Research Replacement facility
                                project, Los Alamos National Laboratory,
                                Los Alamos, New Mexico.
    Sec. 3113. Nonproliferation and national security scholarship and
                                fellowship program.
    Sec. 3114. Enhancing nuclear forensics capabilities.
    Sec. 3115. Utilization of contributions to International Nuclear
                                Materials Protection and Cooperation
                                program and Russian plutonium disposition
                                program.
    Sec. 3116. Review of and reports on Global Initiatives for
                                Proliferation Prevention program.
    Sec. 3117. Limitation on availability of funds for Global Nuclear
                                Energy Partnership.

                              Subtitle C--Reports

    Sec. 3121. Extension of deadline for Comptroller General report on
                                Department of Energy protective force
                                management.
    Sec. 3122. Report on compliance with Design Basis Threat issued by the
                                Department of Energy in 2005.
    Sec. 3123. Modification of submittal of reports on inadvertent releases
                                of restricted data.

             Subtitle A--National Security Programs Authorizations

    SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

        (a) Authorization of Appropriations.--Funds are hereby authorized
    to be appropriated to the Department of Energy for fiscal year 2009 for
    the activities of the National Nuclear Security Administration in
    carrying out programs necessary for national security in the amount of
    $9,752,507,000, to be allocated as follows:
                (1) For weapons activities, $6,625,111,000.
                (2) For defense nuclear nonproliferation activities,
            including $528,782,000 for fissile materials disposition,
            $1,895,261,000.
                (3) For naval reactors, $828,054,000.
                (4) For the Office of the Administrator for Nuclear
            Security, $404,081,000.
        (b) Authorization of New Plant Projects.--From funds referred to in
    subsection (a) that are available for carrying out plant projects, the
    Secretary of Energy may carry out new plant projects for the National
    Nuclear Security Administration as follows:
                (1) For readiness in technical base and facilities, the
            following new plant projects:
                        Project 09-D-404, Test Capabilities Revitalization
                    Phase 2, Sandia National Laboratory, Albuquerque, New
                    Mexico, $3,200,000.
                        Project 08-D-806, Ion Beam Laboratory Project,
                    Sandia National Laboratory, Albuquerque, New Mexico,
                    $10,014,000.
                (2) For naval reactors, the following new plant projects:
                        Project 09-D-902, Naval Reactors Facility
                    Production Support Complex, Naval Reactors Facility,
                    Idaho Falls, Idaho, $8,300,000.
                        Project 09-D-190, Project engineering and design,
                    Knolls Atomic Power Laboratory infrastructure upgrades,
                    Knolls Atomic Power Laboratory, Kesselring Site,
                    Schenectady, New York, $1,000,000.

    SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

        Funds are hereby authorized to be appropriated to the Department of
    Energy for fiscal year 2009 for defense environmental cleanup
    activities in carrying out programs necessary for national security in
    the amount of $5,297,256,000.

    SEC. 3103. OTHER DEFENSE ACTIVITIES.

        Funds are hereby authorized to be appropriated to the Department of
    Energy for fiscal year 2009 for other defense activities in carrying
    out programs necessary for national security in the amount of
    $826,453,000.

    SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

        Funds are hereby authorized to be appropriated to the Department of
    Energy for fiscal year 2009 for defense nuclear waste disposal for
    payment to the Nuclear Waste Fund established in section 302(c) of the
    Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
    $222,371,000.

    SEC. 3105. ENERGY SECURITY AND ASSURANCE.

        Funds are hereby authorized to be appropriated to the Department of
    Energy for fiscal year 2009 for energy security and assurance programs
    necessary for national security in the amount of $7,622,000.

       Subtitle B--Program Authorizations, Restrictions, and Limitations

    SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR NUCLEAR
                  SECURITY TO INCLUDE ELIMINATION OF SURPLUS FISSILE
                  MATERIALS USABLE FOR NUCLEAR WEAPONS.

        Section 3212(b) of the National Nuclear Security Administration Act
    (50 U.S.C. 2402(b)) is amended--
                (1) by redesignating paragraph (18) as paragraph (19); and
                (2) by inserting after paragraph (17) the following new
            paragraph (18):
                ``(18) Eliminating inventories of surplus fissile materials
            usable for nuclear weapons.''.

    SEC. 3112. LIMITATION ON FUNDING FOR PROJECT 04-D-125 CHEMISTRY AND
                  METALLURGY RESEARCH REPLACEMENT FACILITY PROJECT, LOS
                  ALAMOS NATIONAL LABORATORY, LOS ALAMOS, NEW MEXICO.

        Of the amounts appropriated pursuant to an authorization of
    appropriations in this Act or otherwise made available for fiscal year
    2009 for Project 04-D-125 Chemistry and Metallurgy Research Replacement
    (in this section referred to as ``CMRR'') facility project, Los Alamos
    National Laboratory, Los Alamos, New Mexico, not more than $50,200,000
    may be made available until--
                (1) the Administrator for Nuclear Security and the Defense
            Nuclear Facilities Safety Board have each submitted a
            certification to the congressional defense committees stating
            that the concerns raised by the Defense Nuclear Facilities
            Safety Board regarding the design of CMRR safety class systems
            (including ventilation systems) and seismic issues have been
            resolved; and
                (2) a period of 15 days has elapsed after both
            certifications under paragraph (1) have been submitted.

    SEC. 3113. NONPROLIFERATION AND NATIONAL SECURITY SCHOLARSHIP AND
                  FELLOWSHIP PROGRAM.

        (a) Establishment.--The Administrator for Nuclear Security shall
    carry out a program to provide scholarships and fellowships for the
    purpose of enabling individuals to qualify for employment in the
    nonproliferation and national security programs of the Department of
    Energy.
        (b) Eligible Individuals.--An individual shall be eligible for a
    scholarship or fellowship under the program established under this
    section if the individual--
                (1) is a citizen or national of the United States or an
            alien lawfully admitted to the United States for permanent
            residence;
                (2) has been accepted for enrollment or is currently
            enrolled as a full-time student at an institution of higher
            education (as defined in section 102(a) of the Higher Education
            Act of 1965 (20 U.S.C. 1002(a));
                (3) is pursuing a program of education that leads to an
            appropriate higher education degree in a qualifying field of
            study, as determined by the Administrator;
                (4) enters into an agreement described in subsection (c);
            and
                (5) meets such other requirements as the Administrator
            prescribes.
        (c) Agreement.--An individual seeking a scholarship or fellowship
    under the program established under this section shall enter into an
    agreement, in writing, with the Administrator that includes the
    following:
                (1) The agreement of the Administrator to provide such
            individual with a scholarship or fellowship in the form of
            educational assistance for a specified number of school years
            (not to exceed five school years) during which such individual
            is pursuing a program of education in a qualifying field of
            study, which educational assistance may include payment of
            tuition, fees, books, laboratory expenses, and a stipend.
                (2) The agreement of such individual--
                        (A) to accept such educational assistance;
                        (B) to maintain enrollment and attendance in a
                    program of education described in subsection (b)(2)
                    until such individual completes such program;
                        (C) while enrolled in such program, to maintain
                    satisfactory academic progress in such program, as
                    determined by the institution of higher education in
                    which such individual is enrolled; and
                        (D) after completion of such program, to serve as a
                    full-time employee in a nonproliferation or national
                    security position in the Department of Energy or at a
                    laboratory of the Department for a period of not less
                    than 12 months for each school year or part of a school
                    year for which such individual receives a scholarship
                    or fellowship under the program established under this
                    section.
                (3) The agreement of such individual with respect to the
            repayment requirements specified in subsection (d).
        (d) Repayment.--
                (1) In general.--An individual receiving a scholarship or
            fellowship under the program established under this section
            shall agree to pay to the United States the total amount of
            educational assistance provided to such individual under such
            program, plus interest at the rate prescribed by paragraph (4),
            if such individual--
                        (A) does not complete the program of education
                    agreed to pursuant to subsection (c)(2)(B);
                        (B) completes such program of education but
                    declines to serve in a position in the Department of
                    Energy or at a laboratory of the Department as agreed
                    to pursuant to subsection (c)(2)(D); or
                        (C) is voluntarily separated from service or
                    involuntarily separated for cause from the Department
                    of Energy or a laboratory of the Department before the
                    end of the period for which such individual agreed to
                    continue in the service of the Department pursuant to
                    subsection (c)(2)(D).
                (2) Failure to repay.--If an individual who received a
            scholarship or fellowship under the program established under
            this section is required to repay, pursuant to an agreement
            under paragraph (1), the total amount of educational assistance
            provided to such individual under such program, plus interest
            at the rate prescribed by paragraph (4), and fails repay such
            amount, a sum equal to such amount (plus such interest) is
            recoverable by the United States Government from such
            individual or the estate of such individual by--
                        (A) in the case of an individual who is an employee
                    of the United States Government, setoff against accrued
                    pay, compensation, amount of retirement credit, or
                    other amount due the employee from the Government; or
                        (B) such other method as is provided by law for the
                    recovery of amounts owed to the Government.
                (3) Waiver of repayment.--The Administrator may waive, in
            whole or in part, repayment by an individual under this
            subsection if the Administrator determines that seeking
            recovery under paragraph (2) would be against equity and good
            conscience or would be contrary to the best interests of the
            United States.
                (4) Rate of interest.--For purposes of repayment under this
            subsection, the total amount of educational assistance provided
            to an individual under the program established under this
            section shall bear interest at the applicable rate of interest
            under section 427A(c) of the Higher Education Act of 1965 (20
            U.S.C. 1077a(c)).
        (e) Preference for Cooperative Education Students.--In evaluating
    individuals for the award of a scholarship or fellowship under the
    program established under this section, the Administrator may give a
    preference to an individual who is enrolled in, or accepted for
    enrollment in, an institution of higher education that has a
    cooperative education program with the Department of Energy.
        (f) Coordination of Benefits.--A scholarship or fellowship awarded
    under the program established under this section shall be taken into
    account in determining the eligibility of an individual receiving such
    scholarship or fellowship for Federal student financial assistance
    provided under title IV of the Higher Education Act of 1965 (20 U.S.C.
    1070 et seq.).
        (g) Report to Congress.--Not later than January 1, 2010, the
    Administrator shall submit to the congressional defense committees a
    report on the activities carried out under the program established
    under this section, including any recommendations for future activities
    under such program.
        (h) Funding.--Of the amounts authorized to be appropriated by
    section 3101(a)(2) for defense nuclear nonproliferation activities,
    $3,000,000 shall be available to carry out the program established
    under this section.

    SEC. 3114. ENHANCING NUCLEAR FORENSICS CAPABILITIES.

        (a) Research and Development Plan for Nuclear Forensics and
    Attribution.--
                (1) Research and development.--The Secretary of Energy
            shall prepare and implement a research and development plan to
            improve nuclear forensics capabilities in the Department of
            Energy and at the national laboratories overseen by the
            Department of Energy. The plan shall focus on improving the
            technical capabilities required--
                        (A) to enable a robust and timely nuclear forensic
                    response to a nuclear explosion or to the interdiction
                    of nuclear material or a nuclear weapon anywhere in the
                    world; and
                        (B) to develop an international database that can
                    attribute nuclear material or a nuclear weapon to its
                    source.
                (2) Reports.--
                        (A) The Secretary of Energy shall submit to the
                    congressional defense committees--
                                (i) not later than 6 months after the date
                            of the enactment of this Act, a report on the
                            contents of the research and development plan
                            described in paragraph (1), and any legislative
                            changes required to implement the plan; and
                                (ii) not later than 18 months after the
                            date of the enactment of this Act, a report on
                            the status of implementing the plan.
                        (B) The Secretary shall submit each report required
                    by this subsection in unclassified form, but may
                    include a classified annex with such report.
        (b) Additional Information in the Report on Nuclear Forensics
    Capabilities.--Section 3129(b) of the National Defense Authorization
    Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 585) is
    amended--
                (1) in paragraph (2), by striking ``and'' at the end;
                (2) in paragraph (3), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(4) any legislative, regulatory, or treaty actions
            necessary to facilitate international cooperation in
            enhancement of international nuclear-material databases and the
            linking of those databases to enable prompt access to data.''.
        (c) Presidential Report.--
                (1) In general.--Not later than 90 days after the date of
            the enactment of this Act, the President shall submit to the
            appropriate committees of Congress a report on the involvement
            of senior-level executive branch leadership in nuclear
            terrorism preparedness exercises that include nuclear forensics
            analysis.
                (2) Appropriate committees of congress.--In this
            subsection, the term ``appropriate committees of Congress''
            means--
                        (A) the Committee on Appropriations, the Committee
                    on Armed Services, and the Committee on Homeland
                    Security of the House of Representatives; and
                        (B) the Committee on Appropriations, the Committee
                    on Armed Services, and the Committee on Homeland
                    Security and Governmental Affairs of the Senate.

    SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL NUCLEAR
                  MATERIALS PROTECTION AND COOPERATION PROGRAM AND RUSSIAN
                  PLUTONIUM DISPOSITION PROGRAM.

        Section 3114 of the National Defense Authorization Act for Fiscal
    Year 2007 (50 U.S.C. 2301 note) is amended--
                (1) in the heading, by striking ``second line of defense
            program'' and inserting ``international nuclear materials
            protection and cooperation program and russian plutonium
            disposition program'';
                (2) by striking ``Second Line of Defense program'' each
            place it appears and inserting ``International Nuclear
            Materials Protection and Cooperation program or Russian
            Plutonium Disposition program''; and
                (3) in subsection (f), by striking ``2013'' and inserting
            ``2015''.

    SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR
                  PROLIFERATION PREVENTION PROGRAM.

        (a) Review of Program.--
                (1) In general.--The Administrator for Nuclear Security
            shall conduct a review of the Global Initiatives for
            Proliferation Prevention program.
                (2) Report required.--Not later than October 1, 2009, the
            Administrator shall submit to the congressional defense
            committees a report setting forth the results of the review
            required under paragraph (1). The report shall include each of
            the following:
                        (A) A description of the goals of the Global
                    Initiatives for Proliferation Prevention program and
                    the criteria for partnership projects under the
                    program.
                        (B) Recommendations regarding the following:
                                (i) Whether to continue or bring to a close
                            each of the partnership projects under the
                            program in existence on the date of the
                            enactment of this Act, and, if any such project
                            is recommended to be continued, a description
                            of how that project will meet the criteria
                            under subparagraph (A).
                                (ii) Whether to enter into new partnership
                            projects under the program with Russia or other
                            countries of the former Soviet Union.
                                (iii) Whether to enter into new partnership
                            projects under the program in countries other
                            than countries of the former Soviet Union.
                        (C) A plan and criteria for completing partnership
                    projects under the program.
        (b) Report on Funding for Projects Under Program.--
                (1) In general.--The Administrator shall submit to the
            congressional defense committees a report on--
                        (A) the purposes for which amounts made available
                    for the Global Initiatives for Proliferation Prevention
                    program for fiscal year 2009 will be obligated or
                    expended; and
                        (B) the amount to be obligated or expended for each
                    partnership project under the program in fiscal year
                    2009.
                (2) Limitation on funding before submittal of report.--None
            of the amounts authorized to be appropriated for fiscal year
            2009 by section 3101(a)(2) for defense nuclear nonproliferation
            activities and available for the Global Initiatives for
            Proliferation Prevention program may be obligated or expended
            until the date that is 30 days after the date on which the
            Administrator submits to the congressional defense committees
            the report required under paragraph (1).

    SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL NUCLEAR
                  ENERGY PARTNERSHIP.

        (a) Limitation.--Of the amounts authorized to be appropriated for
    fiscal year 2009 by section 3101(a)(2) for defense nuclear
    nonproliferation activities, not more than $3,000,000 may be used for
    projects that are specifically designed for the Global Nuclear Energy
    Partnership. Any amount so used may not be expended until 30 days after
    the date on which the Administrator of the National Nuclear Security
    Administration submits to Congress a report that describes in detail
    the full amount of funding that the Administrator plans to expend for
    any effort related to the Global Nuclear Energy Partnership.
        (b) Use of Funds.--Any amount made available pursuant to an
    authorization of appropriations under section 3101(a)(2) that is
    covered by the limitation under subsection (a) shall only be available
    for nonproliferation risk assessments relating to the Global Nuclear
    Energy Partnership and related work on export control reviews and
    determinations.

                              Subtitle C--Reports

    SEC. 3121. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL REPORT ON
                  DEPARTMENT OF ENERGY PROTECTIVE FORCE MANAGEMENT.

        Section 3124(a)(1) of the National Defense Authorization Act for
    Fiscal Year 2008 (Public Law 110-181; 122 Stat. 580) is amended by
    striking ``Not later than 180 days after the date of the enactment of
    this Act,'' and inserting ``Not later than March 1, 2009,''.

    SEC. 3122. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT ISSUED BY THE
                  DEPARTMENT OF ENERGY IN 2005.

        (a) In General.--Not later than January 2, 2009, the Secretary of
    Energy shall submit to the congressional defense committees a report
    setting forth the status of the compliance of Department of Energy
    sites with the Design Basis Threat issued by the Department in November
    2005 (in this section referred to as the ``2005 Design Basis Threat'').
        (b) Elements.--The report required by subsection (a) shall include
    the following:
                (1) For each Department of Energy site subject to the 2005
            Design Basis Threat, an assessment of whether the site has
            achieved compliance with the 2005 Design Basis Threat.
                (2) For each such site that has not achieved compliance
            with the 2005 Design Basis Threat--
                        (A) a description of the reasons for the failure to
                    achieve compliance;
                        (B) a plan to achieve compliance;
                        (C) a description of the actions that will be taken
                    to mitigate any security shortfalls until compliance is
                    achieved; and
                        (D) an estimate of the annual funding requirements
                    to achieve compliance.
                (3) A list of such sites with Category I nuclear materials
            that the Secretary determines will not achieve compliance with
            the 2005 Design Basis Threat.
                (4) For each site identified under paragraph (3), a plan to
            remove all Category I nuclear materials from such site,
            including--
                        (A) a schedule for the removal of such nuclear
                    materials from such site;
                        (B) a clear description of the actions that will be
                    taken to ensure the security of such nuclear materials;
                    and
                        (C) an estimate of the annual funding requirements
                    to remove such nuclear materials from such site.
                (5) An assessment of the adequacy of the 2005 Design Basis
            Threat in addressing security threats at Department of Energy
            sites, and a description of any plans for updating, modifying,
            or otherwise revising the approach taken by the 2005 Design
            Basis Threat to establish enhanced security requirements for
            Department of Energy sites.

    SEC. 3123. MODIFICATION OF SUBMITTAL OF REPORTS ON INADVERTENT RELEASES
                  OF RESTRICTED DATA.

        (a) In General.--Section 4522 of the Atomic Energy Defense Act (50
    U.S.C. 2672) is amended--
                (1) in subsection (e), by striking ``on a periodic basis''
            and inserting ``in each even-numbered year''; and
                (2) in subsection (f), by striking paragraph (2) and
            inserting the following new paragraph (2):
        ``(2) The Secretary of Energy shall, in each even-numbered year
    beginning in 2010, submit to the committees and Assistant to the
    President specified in subsection (d) a report identifying any
    inadvertent releases of Restricted Data or Formerly Restricted Data
    under Executive Order No. 12958 discovered in the two-year period
    preceding the submittal of the report.''.
        (b) Technical Correction.--Subsection (e) of such section, as
    amended by subsection (a)(1) of this section, is further amended by
    striking ``subsection (b)(4)'' and inserting ``subsection (b)(5)''.

              TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

    Sec. 3201. Authorization.

    SEC. 3201. AUTHORIZATION.

        There are authorized to be appropriated for fiscal year 2009,
    $25,499,000 for the operation of the Defense Nuclear Facilities Safety
    Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
    et seq.).

                      TITLE XXXIV--NAVAL PETROLEUM RESERVE

    Sec. 3401. Authorization of appropriations.

    SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

        (a) Amount.--There is hereby authorized to be appropriated to the
    Secretary of Energy $19,099,000 for fiscal year 2009 for the purpose of
    carrying out activities under chapter 641 of title 10, United States
    Code, relating to the naval petroleum reserves.
        (b) Period of Availability.--Funds appropriated pursuant to the
    authorization of appropriations in subsection (a) shall remain
    available until expended.

                      TITLE XXXV--MARITIME ADMINISTRATION

    Sec. 3501. Authorization of appropriations for fiscal year 2009.
    Sec. 3502. Limitation on export of vessels owned by the Government of
                                the United States for the purpose of
                                dismantling, recycling, or scrapping.
    Sec. 3503. Student incentive payment agreements.
    Sec. 3504. Riding gang member requirements.
    Sec. 3505. Maintenance and Repair Reimbursement Program for the
                                Maritime Security Fleet.
    Sec. 3506. Temporary program authorizing contracts with adjunct
                                professors at the United States Merchant
                                Marine Academy and for other purposes.
    Sec. 3507. Actions to address sexual harassment and violence at the
                                United States Merchant Marine Academy.
    Sec. 3508. Assistance for small shipyards and maritime communities.
    Sec. 3509. Marine war risk insurance.
    Sec. 3510. MarAd consultation on Jones Act Waivers.
    Sec. 3511. Transportation in American vessels of government personnel
                                and certain cargoes.
    Sec. 3512. Port of Guam Improvement Enterprise Program.

    SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.

         Funds are hereby authorized to be appropriated for fiscal year
    2009, to be available without fiscal year limitation if so provided in
    appropriations Acts, for the use of the Department of Transportation
    for the Maritime Administration as follows:
                (1) For expenses necessary for operations and training
            activities, $142,803,000, of which--
                        (A) $79,858,000 shall remain available until
                    expended for expenses at the United States Merchant
                    Marine Academy,
                        (B) $26,640,000 shall remain available until
                    expended for capital improvements at the United States
                    Merchant Marine Academy, and
                        (C) $10,987,000 shall remain available until
                    expended for maintenance and repair of school ships of
                    the State Maritime Academies.
                (2) For expenses to maintain and preserve a United States-
            flag merchant fleet to serve the national security needs of the
            United States under chapter 531 of title 46, Unites States
            Code, $193,500,000, of which $19,500,000 will be available for
            costs associated with the maintenance reimbursement pilot
            program under section 3517 of the Maritime Security Act of 2003
            (46 U.S.C. 53101 note).
                (3) For expenses to dispose of obsolete vessels in the
            National Defense Reserve Fleet, $18,000,000.
                (4) For the cost (as defined in section 502(5) of the
            Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
            guarantees under the program authorized by chapter 537 of title
            46, United States Code, $30,000,000.
                (5) For administrative expenses related to the
            implementation of the loan guarantee program under chapter 537
            of title 46, United States Code, administrative expenses
            related to implementation of the reimbursement program under
            section 3517 of the Maritime Security Act of 2003 (46 U.S.C.
            53101 note), and administrative expenses related to the
            implementation of the small shipyards and maritime communities
            assistance program under section 54101 of title 46, United
            States Code, $6,000,000.

    SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE GOVERNMENT OF
                  THE UNITED STATES FOR THE PURPOSE OF DISMANTLING,
                  RECYCLING, OR SCRAPPING.

        (a) In General.--Except as provided in subsection (b), no vessel
    that is owned by the Government of the United States shall be approved
    for export to a foreign country for purposes of dismantling, recycling,
    or scrapping.
        (b) Exception.--Subsection (a) shall not apply with respect to a
    vessel if the Administrator of the Maritime Administration certifies to
    the Committee on Armed Services of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of the Senate that--
                (1) a compelling need for dismantling, recycling, or
            scrapping the vessel exists;
                (2) there is no available capacity in the United States to
            conduct the dismantling, recycling, or scrapping of the vessel;
                (3) any dismantling, recycling, or scrapping of the vessel
            in a foreign country will be conducted in full compliance with
            environmental, safety, labor, and health requirements for ship
            dismantling, recycling, or scrapping that are equivalent to the
            laws of the United States; and
                (4) the export of the vessel under this section will only
            be for dismantling, recycling, or scrapping of the vessel.
        (c) United States Defined.--In this section the term ``United
    States'' means the States of the United States, Puerto Rico, and Guam.

    SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.

        Section 51509(b) of title 46, United States Code, is amended--
                (1) by striking ``$4,000'' and inserting ``$8,000'';
                (2) by inserting ``tuition,'' after ``uniforms,''; and
                (3) by inserting ``before the start of each academic year''
            after ``and be paid''.

    SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.

        Section 1018 of the John Warner National Defense Authorization Act
    for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2380) is amended to
    read as follows:

    ``SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.

        ``(a) In General.--The Secretary of Defense may not award, renew,
    extend, or exercise an option to extend any charter of a vessel
    documented under chapter 121 of title 46, United States Code, for the
    Department of Defense, or any contract for the carriage of cargo by a
    vessel documented under that chapter for the Department of Defense,
    unless the charter or contract, respectively, includes provisions
    that--
                ``(1) subject to paragraph (2), allow riding gang members
            to perform work on the vessel during the effective period of
            the charter or contract only under terms, conditions,
            restrictions, and requirements as provided in section 8106 of
            title 46, United States Code; and
                ``(2) require that riding gang members hold a merchant
            mariner's document issued under chapter 73 of title 46, United
            States Code, or a transportation security card issued under
            section 70105 of such title.
        ``(b) Exemption.--
                ``(1) In general.--In accordance with regulations issued by
            the Secretary of Defense, an individual shall not be treated as
            a riding gang member for the purposes of section 8106 of title
            46, United States Code, and this section if--
                        ``(A) the individual is aboard a vessel that is
                    under charter or contract for the carriage of cargo for
                    the Department of Defense, for purposes other than
                    engaging in the operation or maintenance of the vessel;
                    and
                        ``(B) the individual--
                                ``(i) accompanies, supervises, guards, or
                            maintains unit equipment aboard a ship,
                            commonly referred to as supercargo personnel;
                                ``(ii) is one of the force protection
                            personnel of the vessel;
                                ``(iii) is a specialized repair technician;
                            or
                                ``(iv) is otherwise required by the
                            Secretary of Defense to be aboard the vessel.
                ``(2) Background check.--
                        ``(A) In general.--This section shall not apply to
                    an individual unless--
                                ``(i) the name and other necessary
                            identifying information for the individual is
                            submitted to the Secretary for a background
                            check; and
                                ``(ii) except as provided in subparagraph
                            (B), the individual successfully passes a
                            background check by the Secretary prior to
                            going aboard the vessel.
                        ``(B) Waiver.--The Secretary may waive the
                    application of subparagraph (A)(ii) for an individual
                    who holds a merchant mariner's document issued under
                    chapter 73 of title 46, United States Code, or a
                    transportation security card issued under section 70105
                    of such title.
                ``(3) Exempted individual not treated as in addition to the
            crew.--An individual who, under paragraph (1), is not treated
            as a riding gang member shall not be counted as an individual
            in addition to the crew for the purposes of section 3304 of
            title 46, United States Code.''.

    SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR THE
                  MARITIME SECURITY FLEET.

        Section 3517(a) of the Maritime Security Act of 2003 (46 U.S.C.
    53101 note; as amended by section 3503 of the National Defense
    Authorization Act for Fiscal Year 2006 (119 Stat. 3548)) is amended by
    adding at the end the following:
                ``(3) Existing operating agreements.--The Secretary of
            Transportation shall, subject to the availability of
            appropriations, seek to enter into an agreement under this
            section with one or more contractors under an operating
            agreement under that chapter that is in effect on the date of
            the enactment of this paragraph, regarding maintenance and
            repair of all vessels that are subject to the operating
            agreement.''.

    SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT
                  PROFESSORS AT THE UNITED STATES MERCHANT MARINE ACADEMY
                  AND FOR OTHER PURPOSES.

        (a) In General.--The Maritime Administrator may establish a
    temporary program for the purpose of, subject to the availability of
    appropriations, contracting with individuals as personal services
    contractors to provide services as adjunct professors at the Academy,
    if the Maritime Administrator determines that there is a need for
    adjunct professors and the need is not of permanent duration.
        (b) Contract Requirements.--Each contract under the program--
                (1) must be approved by the Maritime Administrator;
                (2) subject to paragraph (3), shall be for a duration,
            including options, of not to exceed one year unless the
            Maritime Administrator finds that exceptional circumstances
            justify an extension of up to one additional year; and
                (3) shall terminate not later than 6 months after the
            termination of contract authority under subsection (d).
        (c) Limitation on Number of Contractors.--In awarding contacts
    under the program, the Maritime Administrator shall ensure that not
    more than 25 individuals actively provide services in any one academic
    trimester, or equivalent, as contractors under the program.
        (d) Termination of Contracting Authority.--The authority to award
    contracts under the program shall terminate upon the end of the
    academic year 2008-2009.
        (e) Existing Contracts.--Any contract entered into before the
    effective date of this section for the services of an adjunct professor
    at the Academy shall remain in effect for the trimester (or trimesters)
    for which the services were contracted.
        (f) Definitions.--In this section:
                (1) Academy.--The term ``Academy'' means the United States
            Merchant Marine Academy.
                (2) Maritime administrator.--The term ``Maritime
            Administrator'' means the Administrator of the Maritime
            Administration, or a designee of the Administrator.
                (3) Program.--The term ``program'' means the program
            established under subsection (a).
        (g) Gifts to the Academy.--
                (1) In general.--Chapter 513 of title 46, United States
            Code, is amended by adding at the end thereof the following:
    ``Sec. 51315. Gifts to the Merchant Marine Academy
        ``(a) In General.--The Maritime Administrator may accept and use
    conditional or unconditional gifts of money or property for the benefit
    of the United States Merchant Marine Academy, including acceptance and
    use for non-appropriated fund instrumentalities of the Merchant Marine
    Academy. The Maritime Administrator may accept a gift of services in
    carrying out the Administrator's duties and powers. Property accepted
    under this section and proceeds from that property must be used, as
    nearly as possible, in accordance with the terms of the gift.
        ``(b) Establishment of Academy Gift Fund.--There is established in
    the Treasury a fund, to be known as the `Academy Gift Fund'.
    Disbursements from the Fund shall be made on order of the Maritime
    Administrator. Unless otherwise specified by the terms of the gift, the
    Maritime Administrator may use monies in the Fund for appropriated or
    non-appropriated purposes at the Academy. The Fund consists of--
                ``(1) gifts of money;
                ``(2) income from donated property accepted under this
            section;
                ``(3) proceeds from the sale of donated property; and
                ``(4) income from securities under subsection (c) of this
            section.
        ``(c) Investment of Fund Balances.--On request of the Maritime
    Administrator, the Secretary of the Treasury may invest and reinvest
    amounts in the Fund in securities of, or in securities the principal
    and interest of which is guaranteed by, the United States Government.
        ``(d) Disbursement Authority.--There are hereby authorized to be
    disbursed from the Fund such sums as may be on deposit, to remain
    available until expended.
        ``(e) Deductibility of Gifts.--Gifts accepted under this section
    are a gift to or for the use of the Government under the Internal
    Revenue Code of 1986.''.
                (2) Conforming amendment.--The chapter analysis for chapter
            513 of title 46, United States Code, is amended by adding at
            the end the following:

    ``51315. Gifts to the Merchant Marine Academy.''.
        (h) Temporary Appointments to the Academy.--
                (1) In general.--Chapter 513 of title 46, United States
            Code, as amended by section 3513 of this Act, is further
            amended by adding at the end thereof the following:
    ``Sec. 51316. Temporary appointments to the Academy
        ``Notwithstanding any other provision of law, the Maritime
    Administrator may appoint any present employee of the United States
    Merchant Marine Academy non-appropriated fund instrumentality to a
    position on the General Schedule of comparable pay. Eligible personnel
    shall be engaged in work permissibly funded by annual appropriations,
    and such appointments to the Civil Service shall be without regard to
    competition, for a term not to exceed 2 years.''.
                (2) Conforming amendment.--The chapter analysis for chapter
            513 of title 46, United States Code, as amended by section 3513
            of this Act, is further amended by adding at the end the
            following:

    ``51316. Temporary appointments to the Academy.''.

    SEC. 3507. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE AT THE
                  UNITED STATES MERCHANT MARINE ACADEMY.

        (a) Required Policy.--The Secretary of Transportation shall direct
    the Superintendent of the United States Merchant Marine Academy to
    prescribe a policy on sexual harassment and sexual violence applicable
    to the cadets and other personnel of the Academy.
        (b) Matters To Be Specified in Policy.--The policy on sexual
    harassment and sexual violence prescribed under this section shall
    include--
                (1) a program to promote awareness of the incidence of
            rape, acquaintance rape, and other sexual offenses of a
            criminal nature that involve cadets or other Academy personnel;
                (2) procedures that a cadet should follow in the case of an
            occurrence of sexual harassment or sexual violence, including--
                        (A) a specification of the person or persons to
                    whom an alleged occurrence of sexual harassment or
                    sexual violence should be reported by a cadet and the
                    options for confidential reporting;
                        (B) a specification of any other person whom the
                    victim should contact; and
                        (C) procedures on the preservation of evidence
                    potentially necessary for proof of criminal sexual
                    assault;
                (3) a procedure for disciplinary action in cases of alleged
            criminal sexual assault involving a cadet or other Academy
            personnel;
                (4) any other sanction authorized to be imposed in a
            substantiated case of sexual harassment or sexual violence
            involving a cadet or other Academy personnel in rape,
            acquaintance rape, or any other criminal sexual offense,
            whether forcible or nonforcible; and
                (5) required training on the policy for all cadets and
            other Academy personnel, including the specific training
            required for personnel who process allegations of sexual
            harassment or sexual violence involving Academy personnel.
        (c) Annual Assessment.--
                (1) The Secretary shall direct the Superintendent to
            conduct an assessment at the Academy during each Academy
            program year, to be administered by the Department of
            Transportation, to determine the effectiveness of the policies,
            training, and procedures of the Academy with respect to sexual
            harassment and sexual violence involving Academy personnel.
                (2) For the assessment at the Academy under paragraph (1)
            with respect to an Academy program year that begins in an odd-
            numbered calendar year, the Superintendent shall conduct a
            survey, to be administered by the Department, of Academy
            personnel--
                        (A) to measure--
                                (i) the incidence, during that program
                            year, of sexual harassment and sexual violence
                            events, on or off the Academy reservation, that
                            have been reported to officials of the Academy;
                            and
                                (ii) the incidence, during that program
                            year, of sexual harassment and sexual violence
                            events, on or off the Academy reservation, that
                            have not been reported to officials of the
                            Academy; and
                        (B) to assess the perceptions of Academy personnel
                    of--
                                (i) the policies, training, and procedures
                            on sexual harassment and sexual violence
                            involving Academy personnel;
                                (ii) the enforcement of such policies;
                                (iii) the incidence of sexual harassment
                            and sexual violence involving Academy
                            personnel; and
                                (iv) any other issues relating to sexual
                            harassment and sexual violence involving
                            Academy personnel.
        (d) Annual Report.--
                (1) The Secretary shall direct the Superintendent of the
            Academy to submit to the Secretary a report on sexual
            harassment and sexual violence involving cadets or other
            personnel at the Academy for each Academy program year.
                (2) Each report under paragraph (1) shall include, for the
            Academy program year covered by the report, the following:
                        (A) The number of sexual assaults, rapes, and other
                    sexual offenses involving cadets or other Academy
                    personnel that have been reported to Academy officials
                    during the program year and, of those reported cases,
                    the number that have been substantiated.
                        (B) The policies, procedures, and processes
                    implemented by the Superintendent and the leadership of
                    the Academy in response to sexual harassment and sexual
                    violence involving cadets or other Academy personnel
                    during the program year.
                        (C) A plan for the actions that are to be taken in
                    the following Academy program year regarding prevention
                    of and response to sexual harassment and sexual
                    violence involving cadets or other Academy personnel.
                (3) Each report under paragraph (1) for an Academy program
            year that begins in an odd-numbered calendar year shall include
            the results of the survey conducted in that program year under
            subsection (c)(2).
                (4)(A) The Superintendent shall transmit to the Secretary,
            and to the Board of Visitors of the Academy, each report
            received by the Superintendent under this subsection, together
            with the Superintendent's comments on the report.
                (B) The Secretary shall transmit each such report, together
            with the Secretary's comments on the report, to the Senate
            Committee on Commerce, Science, and Transportation and the
            House of Representatives Committee on Transportation and
            Infrastructure.

    SEC. 3508. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME COMMUNITIES.

        (a) In General.--Title 46, United States Code, is amended by
    inserting the following new chapter after chapter 539:

                          ``CHAPTER 541--MISCELLANEOUS

    ``Sec
    ``54101. Assistance for small shipyards and maritime communities
    ``Sec. 54101. Assistance for small shipyards and maritime communities
        ``(a) Establishment of Program.--Subject to the availability of
    appropriations, the Administrator of the Maritime Administration shall
    execute agreements with shipyards to provide assistance--
                ``(1) in the form of grants, loans, and loan guarantees to
            small shipyards for capital improvements; and
                ``(2) for maritime training programs to foster technical
            skills and operational productivity in communities whose
            economies are related to or dependent upon the maritime
            industry.
        ``(b) Awards.--In providing assistance under the program, the
    Administrator shall--
                ``(1) take into account--
                        ``(A) the economic circumstances and conditions of
                    maritime communities;
                        ``(B) projects that would be effective in fostering
                    efficiency, competitive operations, and quality ship
                    construction, repair, and reconfiguration; and
                        ``(C) projects that would be effective in fostering
                    employee skills and enhancing productivity; and
                ``(2) make grants within 120 days after the date of
            enactment of the appropriations Act for the fiscal year
            concerned.
        ``(c) Use of Funds.--
                ``(1) In general.--Assistance provided under this section
            may be used--
                        ``(A) to make capital and related improvements in
                    small shipyards located in or near maritime
                    communities;
                        ``(B) to provide training for workers in
                    communities whose economies are related to the maritime
                    industry; and
                        ``(C) for such other purposes as the Administrator
                    determines to be consistent with and supplemental to
                    such activities.
                ``(2) Administrative costs.--Not more than 2 percent of
            amounts made available to carry out the program may be used for
            the necessary costs of grant administration.
        ``(d) Prohibited Uses.--Grants awarded under this section may not
    be used to construct buildings or other physical facilities or to
    acquire land unless such use is specifically approved by the
    Administrator in support of subsection (c)(1)(C).
        ``(e) Matching Requirements; Allocation.--
                ``(1) Federal funding.--Except as provided in paragraph
            (2), Federal funds for any eligible project under this section
            shall not exceed 75 percent of the total cost of such project.
                ``(2) Exception.--If the Administrator determines that a
            proposed project merits support and cannot be undertaken
            without a higher percentage of Federal financial assistance,
            the Administrator may award a grant for such project with a
            lesser matching requirement than is described in paragraph (1).
                ``(3) Allocation of funds.--The Administrator may not award
            more than 25 percent of the funds appropriated to carry out
            this section for any fiscal year to any small shipyard in one
            geographic location that has more than 600 employees.
        ``(f) Applications.--
                ``(1) In general.--To be eligible for assistance under this
            section, an applicant shall submit an application, in such
            form, and containing such information and assurances as the
            Administrator may require, within 60 days after the date of
            enactment of the appropriations Act for the fiscal year
            concerned.
                ``(2) Minimum standards for payment or reimbursement.--Each
            application submitted under paragraph (1) shall include--
                        ``(A) a comprehensive description of--
                                ``(i) the need for the project;
                                ``(ii) the methodology for implementing the
                            project; and
                                ``(iii) any existing programs or
                            arrangements that can be used to supplement or
                            leverage assistance under the program.
                ``(3) Procedural safeguards.--The Administrator, in
            consultation with the Office of the Inspector General, shall
            issue guidelines to establish appropriate accounting,
            reporting, and review procedures to ensure that--
                        ``(A) grant funds are used for the purposes for
                    which they were made available;
                        ``(B) grantees have properly accounted for all
                    expenditures of grant funds; and
                        ``(C) grant funds not used for such purposes and
                    amounts not obligated or expended are returned.
                ``(4) Project approval required.--The Administrator may not
            award a grant under this section unless the Administrator
            determines that--
                        ``(A) sufficient funding is available to meet the
                    matching requirements of subsection (e);
                        ``(B) the project will be completed without
                    unreasonable delay; and
                        ``(C) the recipient has authority to carry out the
                    proposed project.
        ``(g) Audits and Examinations.--All grantees under this section
    shall maintain such records as the Administrator may require and make
    such records available for review and audit by the Administrator.
        ``(h) Small Shipyard Defined.--In this section, the term `small
    shipyard' means a shipyard facility in one geographic location that
    does not have more than 1,200 employees.
        ``(i) Authorization of Appropriations.--There are authorized to be
    appropriated to the Administrator of the Maritime Administration for
    each of fiscal years 2009 through 2013 to carry out this section--
                ``(1) $5,000,000 for training grants; and
                ``(2) $25,000,000 for capital and related improvements.''.
        (b) Conforming Amendment.--Section 3506 of the National Defense
    Authorization Act for Fiscal Year 2006 (46 U.S.C. 53101 note) is
    repealed.

    SEC. 3509. MARINE WAR RISK INSURANCE.

        Section 53912 of title 46, United States Code, is amended by
    striking ``December 31, 2010.'' and inserting ``December 31, 2015.''.

    SEC. 3510. MARAD CONSULTATION ON JONES ACT WAIVERS.

        Section 501(b) of title 46, United States Code, is amended to read
    as follows:
        ``(b) By Head of Agency.--When the head of an agency responsible
    for the administration of the navigation or vessel-inspection laws
    considers it necessary in the interest of national defense, the
    individual, following a determination by the Maritime Administrator,
    acting in the Administrator's capacity as Director, National Shipping
    Authority, of the non-availability of qualified United States flag
    capacity to meet national defense requirements, may waive compliance
    with those laws to the extent, in the manner, and on the terms the
    individual, in consultation with the Administrator, acting in that
    capacity, prescribes.''.

    SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT PERSONNEL
                  AND CERTAIN CARGOES.

        (a) In General.--Section 55305(b) of title 46, United States Code,
    is amended--
                (1) by striking ``country'' and inserting ``country,
            organization, or persons'';
                (2) by inserting ``or obtaining'' after ``furnishing''; and
                (3) by striking ``commodities,'' the first place it appears
            and inserting ``commodities, or provides financing in any way
            with Federal funds for the account of any persons unless
            otherwise exempted,''.
        (b) Other Agencies.--Section 55305(d) of title 46, United States
    Code, is amended to read as follows:
        ``(d) Programs of Other Agencies.--
                ``(1) Each department or agency that has responsibility for
            a program under this section shall administer that program with
            respect to this section under regulations and guidance issued
            by the Secretary of Transportation. The Secretary, after
            consulting with the department or agency or organization or
            person involved, shall have the sole responsibility for
            determining if a program is subject to the requirements of this
            section.
                ``(2) The Secretary--
                        ``(A) shall conduct an annual review of the
                    administration of programs determined pursuant to
                    paragraph (1) as subject to the requirements of this
                    section;
                        ``(B) may direct agencies to require the
                    transportation on United States-flagged vessels of
                    cargo shipments not otherwise subject to this section
                    in equivalent amounts to cargo determined to have been
                    shipped on foreign carriers in violation of this
                    section;
                        ``(C) may impose on any person that violates this
                    section, or a regulation prescribed under this section,
                    a civil penalty of not more than $25,000 for each
                    violation willfully and knowingly committed, with each
                    day of a continuing violation following the date of
                    shipment to be a separate violation; and
                        ``(D) may take other measures as appropriate under
                    the Federal Acquisition Regulations issued pursuant to
                    section 25(c)(1) of the Office of Federal Procurement
                    Policy Act (41 U.S.C. 421(c)(1) or contract with
                    respect to each violation.''.
        (c) Regulations.--The Secretary of Transportation shall prescribe
    such rules as are necessary to carry out section 55305(d) of title 46,
    United States Code. The Secretary may prescribe interim rules necessary
    to carry out section 55305(d) of such title. An interim rule prescribed
    under this subsection shall remain in effect until superseded by a
    final rule.
        (d) Change of Year.--Section 55314(a) of title 46, United States
    Code, is amended by striking ``calendar'' each place it appears and
    inserting ``fiscal''.

    SEC. 3512. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM.

        (a) In General.--The Secretary of Transportation, acting through
    the Administrator of the Maritime Administration (in this section
    referred to as the ``Administrator''), may establish a Port of Guam
    Improvement Enterprise Program (in this section referred to as the
    ``Program'') to provide for the planning, design, and construction of
    projects for the Port of Guam to improve facilities, relieve port
    congestion, and provide greater access to port facilities.
        (b) Authorities of the Administrator.--In carrying out the Program,
    the Administrator may--
                (1) receive funds provided for the Program from Federal and
            non-Federal entities, including private entities;
                (2) provide for coordination among appropriate governmental
            agencies to expedite the review process under the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
            projects carried out under the Program;
                (3) provide for coordination among appropriate governmental
            agencies in connection with other reviews and requirements
            applicable to projects carried out under the Program; and
                (4) provide technical assistance to the Port Authority of
            Guam (and its agents) as needed for projects carried out under
            the Program.
        (c) Port of Guam Improvement Enterprise Fund.--
                (1) Establishment.--There is established in the Treasury of
            the United States a separate account to be known as the ``Port
            of Guam Improvement Enterprise Fund'' (in this section referred
            to as the ``Fund'').
                (2) Deposits.--There shall be deposited into the Fund--
                        (A) amounts received by the Administrator from
                    Federal and non-Federal sources under subsection
                    (b)(1);
                        (B) amounts transferred to the Administrator under
                    subsection (d); and
                        (C) amounts appropriated to carry out this section
                    under subsection (f).
                (3) Use of amounts.--Amounts in the Fund shall be available
            to the Administrator to carry out the Program.
                (4) Administrative expenses.--Not to exceed 3 percent of
            the amounts appropriated to the Fund for a fiscal year may be
            used for administrative expenses of the Administrator.
                (5) Availability of amounts.--Amounts in the Fund shall
            remain available until expended.
        (d) Transfers of Amounts.--Amounts appropriated or otherwise made
    available for any fiscal year for an intermodal or marine facility
    comprising a component of the Program shall be transferred to and
    administered by the Administrator.
        (e) Limitation.--Nothing in this section shall be construed to
    authorize amounts made available under section 215 of title 23, United
    States Code, or any other amounts made available for the construction
    of highways or amounts otherwise not eligible for making port
    improvements to be deposited into the Fund.
        (f) Authorization of Appropriations.--There are authorized to be
    appropriated to the Fund such sums as may be necessary to carry out
    this section.

                Attest:

                                                                     Clerk.
    110th CONGRESS

      2d Session

                                    S. 3001

    _______________________________________________________________________

                                   AMENDMENT