[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