[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3001 Enrolled Bill (ENR)]

S.3001

One Hundred Tenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight

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.

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

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

TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

TITLE XXII--NAVY

TITLE XXIII--AIR FORCE

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

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

Subtitle C--Navy Programs

Subtitle D--Air Force Programs

Subtitle E--Joint and Multiservice Matters

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

Subtitle C--Missile Defense Programs

Subtitle D--Reports

Subtitle E--Other Matters

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

Subtitle C--Workplace and Depot Issues

Subtitle D--Energy Security

Subtitle E--Reports

Subtitle F--Other Matters

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

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

Subtitle B--Reserve Component Management

Subtitle C--Joint Qualified Officers and Requirements

Subtitle D--General Service Authorities

Subtitle E--Education and Training

Subtitle F--Defense Dependents' Education

Subtitle G--Military Justice

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

Subtitle J--Other Matters

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

Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

Subtitle B--Preventive Care

Subtitle C--Wounded Warrior Matters

Subtitle D--Other Matters

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 of Veterans 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

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

Subtitle E--Department of Defense Contractor Matters

Subtitle F--Matters Relating to Iraq and Afghanistan

Subtitle G--Governmentwide Acquisition Improvements

Subtitle H--Other Matters

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

Subtitle B--Space Activities

Subtitle C--Chemical Demilitarization Program

Subtitle D--Intelligence-Related Matters

Subtitle E--Other Matters

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

Subtitle B--Policy Relating to Vessels and Shipyards

Subtitle C--Counter-Drug Activities

Subtitle D--Miscellaneous Authorities and Limitations

Subtitle E--Studies and Reports

Subtitle F--Other Matters

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 Forces..7911''.

(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

Subtitle B--Matters Relating to Iraq and Afghanistan

Subtitle C--Other Matters

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

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

Subtitle B--Chemical Demilitarization Authorizations

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

Subtitle B--Amendments to Base Closure and Related Laws

Subtitle C--Other Matters

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

Subtitle B--Real Property and Facilities Administration

Subtitle C--Provisions Related to Guam Realignment

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

Subtitle F--Other Matters

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. 2831. 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. 2832. 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

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:

(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:

(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:

(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

Subtitle B--Program Authorizations, Restrictions, and Limitations

Subtitle C--Reports

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.
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

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.