[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

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

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

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

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

                        Subtitle C--Other Matters

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

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

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

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

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

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

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

     TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

                             TITLE XXI--ARMY

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

                            TITLE XXII--NAVY

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

                         TITLE XXIII--AIR FORCE

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

                      TITLE XXIV--DEFENSE AGENCIES

                Subtitle A--Defense Agency Authorizations

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

          Subtitle B--Chemical Demilitarization Authorizations

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

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                 PROGRAM

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

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

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

         Subtitle B--Amendments to Base Closure and Related Laws

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

                        Subtitle C--Other Matters

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

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

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

         Subtitle B--Real Property and Facilities Administration

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

           Subtitle C--Provisions Related to Guam Realignment

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

                       Subtitle D--Energy Security

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

                      Subtitle E--Land Conveyances

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

                        Subtitle F--Other Matters

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

      TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

                  Subtitle A--Fiscal Year 2008 Projects

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

                  Subtitle B--Fiscal Year 2009 Projects

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

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

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

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

    Subtitle B--Program Authorizations, Restrictions, and Limitations

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

                           Subtitle C--Reports

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

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                   TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of 
          the United States for the purpose of dismantling, recycling, 
          or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime 
          Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct 
          professors at the United States Merchant Marine Academy and 
          for other purposes.
Sec. 3507. Actions to address sexual harassment and violence at the 
          United States Merchant Marine Academy.
Sec. 3508. Assistance for small shipyards and maritime communities.
Sec. 3509. Marine war risk insurance.
Sec. 3510. MarAd consultation on Jones Act Waivers.
Sec. 3511. Transportation in American vessels of government personnel 
          and certain cargoes.
Sec. 3512. Port of Guam Improvement Enterprise Program.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
    For purposes of this Act, the term ``congressional defense 
committees'' has the meaning given that term in section 101(a)(16) of 
title 10, United States Code.
SEC. 4. EXPLANATORY STATEMENT.
    The explanatory statement regarding S. 3001, the National Defense 
Authorization Act for Fiscal Year 2009, as amended by the House of 
Representatives, printed in the House section of the Congressional 
Record on or about September 30, 2008, by the Chairman of the Committee 
on Armed Services of the House, shall have the same effect with respect 
to the implementation of this Act as if it were a joint explanatory 
statement of a committee of conference.

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

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

                        Subtitle B--Army Programs

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

                        Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

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

               Subtitle E--Joint and Multiservice Matters

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

              Subtitle A--Authorization of Appropriations

    SEC. 101. ARMY.
    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement for the Army as follows:
        (1) For aircraft, $4,848,835,000.
        (2) For missiles, $2,207,460,000.
        (3) For weapons and tracked combat vehicles, $3,516,398,000.
        (4) For ammunition, $2,280,791,000.
        (5) For other procurement, $11,143,076,000.
        (6) For the Joint Improvised Explosive Device Defeat Fund, 
    $200,000,000.
    SEC. 102. NAVY AND MARINE CORPS.
    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2009 for procurement for the Navy as follows:
        (1) For aircraft, $14,557,874,000.
        (2) For weapons, including missiles and torpedoes, 
    $3,553,282,000.
        (3) For shipbuilding and conversion, $14,057,022,000.
        (4) For other procurement, $5,463,565,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2009 for procurement for the Marine Corps in the amount 
of $1,486,189,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2009 for procurement of ammunition 
for the Navy and the Marine Corps in the amount of $1,110,012,000.
    SEC. 103. AIR FORCE.
    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement for the Air Force as follows:
        (1) For aircraft, $12,826,858,000.
        (2) For ammunition, $894,478,000.
        (3) For missiles, $5,553,528,000.
        (4) For other procurement, $16,087,887,000.
    SEC. 104. DEFENSE-WIDE ACTIVITIES.
    Funds are hereby authorized to be appropriated for fiscal year 2009 
for Defense-wide procurement in the amount of $3,382,628,000.
    SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.
    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the procurement of aircraft, missiles, wheeled and tracked combat 
vehicles, tactical wheeled vehicles, ammunition, other weapons, and 
other procurement for the reserve components of the Armed Forces in the 
amount of $800,000,000.

                       Subtitle B--Army Programs

    SEC. 111. SEPARATE PROCUREMENT LINE ITEMS FOR FUTURE COMBAT SYSTEMS 
      PROGRAM.
    Effective for the budget of the President submitted to Congress 
under section 1105(a) of title 31, United States Code, for fiscal year 
2011 and for each fiscal year thereafter, the Secretary of Defense 
shall ensure that a separate, dedicated procurement line item is 
designated for each of the following elements of the Future Combat 
Systems program (in this section referred to as ``FCS''), to the extent 
the budget includes funding for such elements:
        (1) FCS Manned Ground Vehicles.
        (2) FCS Unmanned Ground Vehicles.
        (3) FCS Unmanned Aerial Systems.
        (4) FCS Unattended Ground Systems.
        (5) Other FCS elements.
    SEC. 112. CLARIFICATION OF STATUS OF FUTURE COMBAT SYSTEMS PROGRAM 
      LEAD SYSTEM INTEGRATOR.
    Section 802 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 206; 10 U.S.C. 2410p note) is 
amended by adding at the end the following new subsection:
    ``(e) Status of Future Combat Systems Program Lead System 
Integrator.--
        ``(1) Lead systems integrator.--In the case of the Future 
    Combat Systems program, the prime contractor of the program shall 
    be considered to be a lead systems integrator until 45 days after 
    the Secretary of the Army certifies in writing to the congressional 
    defense committees that such contractor is no longer serving as the 
    lead systems integrator.
        ``(2) New contracts.--In applying subsection (a)(1) or (a)(2), 
    any modification to the existing contract for the Future Combat 
    Systems program, for the purpose of entering into full-rate 
    production of major systems or subsystems, shall be considered a 
    new contract.''.
    SEC. 113. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL 
      RADIO PENDING REPORT.
    (a) Report Required.--Not later than March 30, 2009, the Assistant 
Secretary of Defense for Networks and Information Integration shall 
submit to the congressional defense committees a report on Army 
tactical radio fielding plans. The report shall include the following:
        (1) A description of the Army tactical radio fielding strategy, 
    including a description of the overall combination of various 
    tactical radio systems and how they integrate to provide 
    communications and network capability.
        (2) A detailed description of the combination of various 
    tactical radio systems in use or planned for use for Army infantry 
    brigade combat teams, heavy brigade combat teams, Stryker brigade 
    combat teams, and Future Combat Systems brigade combat teams.
        (3) A description of the combination of various tactical radio 
    systems in use or planned for use for Army support brigades, 
    headquarters elements, and training units.
        (4) A description of the plan by the Army to integrate joint 
    tactical radio systems, including the number of each type of joint 
    tactical radio the Army plans to procure.
        (5) An assessment of the total cost of the tactical radio 
    fielding strategy of the Army, including procurement of joint 
    tactical radio systems.
    (b) Restriction on Obligation of Funds Pending Report.--Of the 
amounts appropriated pursuant to an authorization of appropriations in 
this Act or otherwise made available for fiscal year 2009 for other 
procurement, Army, for tactical radio systems, not more than 75 percent 
may be obligated or expended until 30 days after the report required by 
subsection (a) is received by the congressional defense committees.
    SEC. 114. RESTRICTION ON OBLIGATION OF PROCUREMENT FUNDS FOR ARMED 
      RECONNAISSANCE HELICOPTER PROGRAM PENDING CERTIFICATION.
    (a) Certification Required.--The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall certify to the 
congressional defense committees that the Armed Reconnaissance 
Helicopter has--
        (1) satisfactorily been certified under section 2433(e)(2) of 
    title 10, United States Code;
        (2) been restructured as an acquisition program by the Army;
        (3) satisfactorily completed a Limited User Test; and
        (4) been approved to enter Milestone C.
    (b) Restriction on Obligation of Funds Pending Certification.--Of 
the amounts appropriated pursuant to an authorization of appropriations 
in this Act or otherwise made available for fiscal year 2009 for 
aircraft procurement, Army, for the Armed Reconnaissance Helicopter, 
not more than 20 percent may be obligated until 30 days after the 
certification required by subsection (a) is received by the 
congressional defense committees.
    SEC. 115. STRYKER MOBILE GUN SYSTEM.
    (a) Limitation On Availability Of Funds.--None of the amounts 
authorized to be appropriated by this Act for procurement of weapons 
and tracked combat vehicles for the Army may be obligated or expended 
for purposes of the procurement of the Stryker Mobile Gun System until 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics submits to the congressional defense committees a written 
certification that the Under Secretary has approved a plan for the Army 
to mitigate all Stryker Mobile Gun System deficiencies.
    (b) Reports Required.--Not later than 60 days after the date of the 
enactment of this Act, and every 180 days thereafter until December 31, 
2011, the Secretary of the Army, in consultation with the Director of 
Operational Test and Evaluation, shall submit to the congressional 
defense committees a report on the status of actions by the Army to 
mitigate all Stryker Mobile Gun System deficiencies. Each report shall 
include the following:
        (1) An explanation of the plan by the Army to mitigate all 
    Stryker Mobile Gun System deficiencies.
        (2) The cost estimate for implementing each mitigating action, 
    and the status of funding for each mitigating action.
        (3) An inventory of the Stryker Mobile Gun System vehicle fleet 
    that specifies which mitigating actions have been implemented.
        (4) An updated production and fielding schedule for Stryker 
    Mobile Gun System vehicles required by the Army but not yet fielded 
    as of the date of the report.
    (c) Waiver Authority.--The Secretary of Defense may waive the 
limitation in subsection (a) if the Secretary--
        (1) determines that continued procurement of Stryker Mobile Gun 
    System vehicles will provide a vital combat capability to the Armed 
    Forces; and
        (2) submits to the congressional defense committees written 
    notification of the waiver and a discussion of the reasons for the 
    determination made under paragraph (1).
    (d) Stryker Mobile Gun System Deficiencies Defined.--In this 
section, the term ``Stryker Mobile Gun System deficiencies'' means 
deficiencies of the Stryker Mobile Gun System specified in the 
memorandum by the Department of Defense titled ``Stryker Mobile Gun 
System (MGS) Acquisition Decision Memorandum'' and dated August 5, 
2008.

                       Subtitle C--Navy Programs

    SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. THEODORE 
      ROOSEVELT.
    (a) Amount Authorized From SCN Account.--Of the amount appropriated 
pursuant to the authorization of appropriations in section 102 or 
otherwise made available for shipbuilding, conversion, and repair, 
Navy, for fiscal year 2009, $124,500,000 is available for the 
commencement of the nuclear refueling and complex overhaul of the 
U.S.S. Theodore Roosevelt (CVN-71) during fiscal year 2009. The amount 
made available in the preceding sentence is the first increment in the 
three-year funding planned for the nuclear refueling and complex 
overhaul of that vessel.
    (b) Contract Authority.--The Secretary of the Navy is authorized to 
enter into a contract during fiscal year 2009 for the nuclear refueling 
and overhaul of the U.S.S. Theodore Roosevelt (CVN-71).
    (c) Condition for Out-Year Contract Payments.--A contract entered 
into under subsection (b) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year 
after fiscal year 2009 is subject to the availability of appropriations 
for that purpose for that later fiscal year.
    SEC. 122. LITTORAL COMBAT SHIP (LCS) PROGRAM.
    Section 124 of the National Defense Authorization Act for fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3157), as amended by section 
125 of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 122 Stat. 29), is further amended--
        (1) in subsection (a)--
            (A) in paragraph (1), by striking ``post-2007 LCS vessels'' 
        and inserting ``post-2009 LCS vessels''; and
            (B) in paragraph (3)--
                (i) in the paragraph heading, by striking ``Post-2007 
            lcs vessels'' and inserting ``Post-2009 lcs vessels''; and
                (ii) by striking ```post-2007 LCS vessel''' and 
            inserting ```post-2009 LCS vessel''';
        (2) in subsection (b), by striking ``post-2007 LCS vessels'' 
    and inserting ``post-2009 LCS vessels''; and
        (3) in subsection (c), by striking ``post-2007 LCS vessels'' 
    and inserting ``post-2009 LCS vessels''.
    SEC. 123. REPORT ON F/A-18 PROCUREMENT COSTS, COMPARING MULTIYEAR 
      TO ANNUAL.
    (a) In General.--Not later than March 1, 2009, the Secretary of 
Defense shall submit to the congressional defense committees a report 
on F/A-18 procurement. The report shall include the following:
        (1) The number of F/A-18E/F and EA-18G aircraft programmed for 
    procurement for fiscal years 2010 through 2015.
        (2) The estimated procurement costs for those aircraft, if 
    procured through annual procurement contracts.
        (3) The estimated procurement costs for those aircraft, if 
    procured through a multiyear procurement contract.
        (4) The estimated savings that could be derived from the 
    procurement of those aircraft through a multiyear procurement 
    contract, and whether the Secretary considers the amount of those 
    savings to be substantial.
        (5) A discussion comparing the costs and benefits of obtaining 
    those aircraft through annual procurement contracts with the costs 
    and benefits of obtaining those aircraft through a multiyear 
    procurement contract.
        (6) The recommendations of the Secretary regarding whether 
    Congress should authorize a multiyear procurement contract for 
    those aircraft.
    (b) Certifications Required.--If the Secretary recommends under 
subsection (a)(6) that Congress authorize a multiyear procurement 
contract for the aircraft, the Secretary shall include in the report 
under subsection (a) the certifications required by section 2306b of 
title 10, United States Code, to enable the award of a multiyear 
contract beginning with fiscal year 2010.
    SEC. 124. AUTHORITY FOR ADVANCED PROCUREMENT AND CONSTRUCTION OF 
      COMPONENTS FOR THE VIRGINIA-CLASS SUBMARINE PROGRAM.
    Section 121 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 26) is amended--
        (1) by redesignating subsection (b) as subsection (c); and
        (2) by inserting after subsection (a) the following new 
    subsection (b):
    ``(b) Advance Procurement and Construction of Components.--The 
Secretary may enter into one or more contracts for advance procurement 
and advance construction of those components for the Virginia-class 
submarine program for which authorization to enter into a multiyear 
procurement contract is granted under subsection (a) if the Secretary 
determines that cost savings or construction efficiencies may be 
achieved for Virginia-class submarines through the use of such 
contracts.''.

                     Subtitle D--Air Force Programs

    SEC. 131. MAINTENANCE OF RETIRED KC-135E AIRCRAFT.
    Section 135(b) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) is 
amended by striking ``each KC-135E aircraft that is retired'' and 
inserting ``at least 74 of the KC-135E aircraft retired''.
    SEC. 132. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY FOR PROCUREMENT 
      OF TANKER AIRCRAFT.
    Section 135 of the National Defense Authorization Act for Fiscal 
Year 2004 (10 U.S.C. 2401a note) is repealed.
    SEC. 133. REPORTS ON KC-(X) TANKER AIRCRAFT REQUIREMENTS.
    (a) Report Required.--Not later than March 1, 2009, the Secretary 
of Defense shall submit to the congressional defense committees a 
report regarding the competition for the KC-(X) tanker aircraft that 
was terminated on September 10, 2008. The report shall include the 
following:
        (1) An examination of original requirements for the KC-(X) 
    tanker aircraft, including an explanation for the use of the KC-
    135R tanker aircraft as the baseline for the KC-(X) tanker 
    aircraft.
        (2) A summary of commercial derivative or commercial off-the-
    shelf aircraft available as potential aerial refueling platforms 
    using aerial refueling capabilities (such as range, offload at 
    range, and passenger and cargo capacity) in each of the following 
    ranges:
            (A) Maximum gross take-off weight that is less than 300,000 
        pounds.
            (B) Maximum gross take-off weight in the range from 301,000 
        pounds maximum gross take-off weight to 550,000 pound maximum 
        gross take-off weight.
            (C) Maximum gross take-off weight in the range from 551,000 
        pounds maximum gross take-off weight to 1,000,000 pound maximum 
        gross take-off weight.
            (D) Maximum gross take-off weight that is greater than 
        1,000,000 pounds.
    (b) Reassessment Required.--The Secretary of Defense shall reassess 
the requirements for aerial refueling that were validated by the Joint 
Requirements Oversight Council on December 27, 2006. Not later than 30 
days after the reassessment, the Secretary shall submit to the 
congressional defense committees a report containing the complete 
results of the reassessment.
    SEC. 134. F-22A FIGHTER AIRCRAFT.
    (a) Availability of Funds.--Subject to subsection (b), of the 
amount authorized to be appropriated for procurement of aircraft for 
the Air Force, $523,000,000 shall be available for advance procurement 
of F-22A fighter aircraft.
    (b) Restriction on Obligation of Funds Pending Certification.--Of 
the amounts appropriated pursuant to an authorization of appropriations 
in this Act or otherwise made available for fiscal year 2009 for 
advance procurement, Air Force, for the F-22A, not more than 
$140,000,000 may be obligated until 15 days after the certification 
required by subsection (c) is received by the congressional defense 
committees.
    (c) Certification.--
        (1) In general.--Of the amount referred to in subsection (a), 
    $383,000,000 shall not be available until the President certifies 
    to the congressional defense committees that--
            (A) the procurement of F-22A fighter aircraft is in the 
        national interest of the United States; or
            (B) the termination of the production line for F-22A 
        fighter aircraft is in the national interest of the United 
        States.
        (2) Date of submittal.--Any certification submitted under this 
    subsection may not be submitted before January 21, 2009, and must 
    be submitted not later than March 1, 2009.

               Subtitle E--Joint and Multiservice Matters

    SEC. 141. ANNUAL LONG-TERM PLAN FOR THE PROCUREMENT OF AIRCRAFT FOR 
      THE NAVY AND THE AIR FORCE.
    (a) In General.--Chapter 9 of title 10, United States Code, is 
amended by inserting after section 231 the following new section:
``Sec. 231a. Budgeting for procurement of aircraft for the Navy and Air 
    Force: annual plan and certification
    ``(a) Annual Aircraft Procurement Plan and Certification.--The 
Secretary of Defense shall include with the defense budget materials 
for each fiscal year--
        ``(1) a plan for the procurement of the aircraft specified in 
    subsection (b) for the Department of the Navy and the Department of 
    the Air Force developed in accordance with this section; and
        ``(2) a certification by the Secretary that both the budget for 
    such fiscal year and the future-years defense program submitted to 
    Congress in relation to such budget under section 221 of this title 
    provide for funding of the procurement of aircraft at a level that 
    is sufficient for the procurement of the aircraft provided for in 
    the plan under paragraph (1) on the schedule provided in the plan.
    ``(b) Covered Aircraft.--The aircraft specified in this subsection 
are the aircraft as follows:
        ``(1) Fighter aircraft.
        ``(2) Attack aircraft.
        ``(3) Bomber aircraft.
        ``(4) Strategic lift aircraft.
        ``(5) Intratheater lift aircraft.
        ``(6) Intelligence, surveillance, and reconnaissance aircraft.
        ``(7) Tanker aircraft.
        ``(8) Any other major support aircraft designated by the 
    Secretary of Defense for purposes of this section.
    ``(c) Annual Aircraft Procurement Plan.--(1) The annual aircraft 
procurement plan developed for a fiscal year for purposes of subsection 
(a)(1) should be designed so that the aviation force provided for under 
the plan is capable of supporting the national security strategy of the 
United States as set forth in the most recent national security 
strategy report of the President under section 108 of the National 
Security Act of 1947 (50 U.S.C. 404a), except that, if at the time the 
plan is submitted with the defense budget materials for that fiscal 
year, a national security strategy report required under such section 
108 has not been submitted to Congress as required by paragraph (2) or 
paragraph (3), if applicable, of subsection (a) of such section, then 
the plan should be designed so that the aviation force provided for 
under the plan is capable of supporting the aviation force structure 
recommended in the report of the most recent Quadrennial Defense 
Review.
    ``(2) Each annual aircraft procurement plan shall include the 
following:
        ``(A) A detailed program for the procurement of the aircraft 
    specified in subsection (b) for each of the Department of the Navy 
    and the Department of the Air Force over the next 30 fiscal years.
        ``(B) A description of the necessary aviation force structure 
    to meet the requirements of the national security strategy of the 
    United States or the most recent Quadrennial Defense Review, 
    whichever is applicable under paragraph (1).
        ``(C) The estimated levels of annual funding necessary to carry 
    out the program, together with a discussion of the procurement 
    strategies on which such estimated levels of annual funding are 
    based.
        ``(D) An assessment by the Secretary of Defense of the extent 
    to which the combined aircraft forces of the Department of the Navy 
    and the Department of the Air Force meet the national security 
    requirements of the United States.
    ``(d) Assessment When Aircraft Procurement Budget Is Insufficient 
To Meet Applicable Requirements.--If the budget for a fiscal year 
provides for funding of the procurement of aircraft for either the 
Department of the Navy or the Department of the Air Force at a level 
that is not sufficient to sustain the aviation force structure 
specified in the aircraft procurement plan for such Department for that 
fiscal year under subsection (a), the Secretary shall include with the 
defense budget materials for that fiscal year an assessment that 
describes and discusses the risks associated with the reduced force 
structure of aircraft that will result from funding aircraft 
procurement at such level. Such assessment shall be coordinated in 
advance with the commanders of the combatant commands.
    ``(e) Definitions.--In this section:
        ``(1) The term `budget', with respect to a fiscal year, means 
    the budget for that fiscal year that is submitted to Congress by 
    the President under section 1105(a) of title 31.
        ``(2) The term `defense budget materials', with respect to a 
    fiscal year, means the materials submitted to Congress by the 
    Secretary of Defense in support of the budget for that fiscal year.
        ``(3) The term `Quadrennial Defense Review' means the review of 
    the defense programs and policies of the United States that is 
    carried out every 4 years under section 118 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 9 of such title is amended by inserting after the item relating 
to section 231 the following new item:

``231a. Budgeting for procurement of aircraft for the Navy and Air 
          Force: annual plan and certification.''.
    SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY.
    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the congressional defense 
committees a report that provides--
        (1) a survey and assessment of the capabilities, capacities, 
    and risks of the domestic industrial base of the United States, 
    including critical subcontractor suppliers, in meeting the 
    requirements of the military departments for body armor during the 
    20 years following the date of the report;
        (2) an assessment of the long-term maintenance requirements of 
    the body armor industrial base in the United States;
        (3) an assessment of body armor and related research, 
    development, and acquisition objectives, priorities, and funding 
    profiles for--
            (A) advances in the level of protection;
            (B) weight reduction; and
            (C) manufacturing productivity;
        (4) an assessment of the feasibility and advisability of 
    establishing a separate, dedicated procurement line item for the 
    acquisition of body armor and associated components for fiscal year 
    2011 and for each fiscal year thereafter;
        (5) an assessment of the feasibility and advisability of 
    establishing an executive agent for the acquisition of body armor 
    and associated components for the military departments beginning in 
    fiscal year 2011; and
        (6) an assessment of existing initiatives used by the military 
    departments to manage or execute body armor programs, including the 
    Cross-Service Warfighter Equipment Board, the Joint Clothing and 
    Textiles Governance Board, and advanced planning briefings for 
    industry.
    SEC. 143. SMALL ARMS ACQUISITION STRATEGY AND REQUIREMENTS REVIEW.
    (a) Secretary of Defense Report.--Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on the small 
arms requirements of the Armed Forces and the industrial base of the 
United States. The report shall include the following:
        (1) An assessment of Department of Defense-wide small arms 
    requirements in terms of capabilities and quantities, based on an 
    analysis of the small arms capability assessments of each military 
    department.
        (2) An assessment of plans for small arms research, 
    development, and acquisition programs to meet the requirements 
    identified under paragraph (1).
        (3) An assessment of capabilities, capacities, and risks in the 
    small arms industrial base of the United States to meet the 
    requirements of the Department of Defense for pistols, carbines, 
    rifles, and light, medium, and heavy machine guns during the 20 
    years following the date of the report.
        (4) An assessment of the costs, benefits, and risks of full and 
    open competition for the procurement of non-developmental pistols 
    and carbines that are not technically compatible with the M9 pistol 
    or M4 carbine to meet the requirements identified under paragraph 
    (1).
    (b) Competition for a New Individual Weapon.--
        (1) Competition required.--If the small arms capabilities based 
    assessments by the Army identifies gaps in small arms capabilities 
    and the Secretary of the Army determines that a new individual 
    weapon is required to address such gaps, the Secretary shall 
    procure the new individual weapon using full and open competition 
    as described in paragraph (2).
        (2) Full and open competition.--The full and open competition 
    described in this paragraph is competition among all responsible 
    manufacturers that--
            (A) is open to all developmental item solutions and non-
        developmental item solutions; and
            (B) provides for the award of a contract based on selection 
        criteria that reflect the key performance parameters and 
        attributes identified in a service requirements document 
        approved by the Army.
    (c) Small Arms Defined.--In this section, the term ``small arms''--
        (1) means man-portable or vehicle-mounted light weapons, 
    designed primarily for use by individual military personnel for 
    anti-personnel use; and
        (2) includes pistols, carbines, rifles, and light, medium, and 
    heavy machine guns.
    SEC. 144. REQUIREMENT FOR COMMON GROUND STATIONS AND PAYLOADS FOR 
      MANNED AND UNMANNED AERIAL VEHICLE SYSTEMS.
    (a) Policy and Acquisition Strategy Required.--The Secretary of 
Defense, in consultation with the Chairman of the Joint Chiefs of 
Staff, shall establish a policy and an acquisition strategy for 
intelligence, surveillance, and reconnaissance payloads and ground 
stations for manned and unmanned aerial vehicle systems. The policy and 
acquisition strategy shall be applicable throughout the Department of 
Defense and shall achieve integrated research, development, test, and 
evaluation, and procurement commonality.
    (b) Objectives.--The policy and acquisition strategy required by 
subsection (a) shall have the following objectives:
        (1) Procurement of common payloads by vehicle class, 
    including--
            (A) signals intelligence;
            (B) electro optical;
            (C) synthetic aperture radar;
            (D) ground moving target indicator;
            (E) conventional explosive detection;
            (F) foliage penetrating radar;
            (G) laser designator;
            (H) chemical, biological, radiological, nuclear, explosive 
        detection; and
            (I) national airspace operations avionics or sensors, or 
        both.
        (2) Commonality of ground system architecture by vehicle class.
        (3) Common management of vehicle and payloads procurement.
        (4) Ground station interoperability standardization.
        (5) Maximum use of commercial standard hardware and interfaces.
        (6) Open architecture software.
        (7) Acquisition of technical data rights in accordance with 
    section 2320 of title 10, United States Code.
        (8) Acquisition of vehicles, payloads, and ground stations 
    through competitive procurement.
        (9) Common standards for exchange of data and metadata.
    (c) Affected Systems.--For the purposes of this section, the 
Secretary shall establish manned and unmanned aerial vehicle classes 
for all intelligence, surveillance, and reconnaissance programs of 
record based on factors such as vehicle weight, payload capacity, and 
mission.
    (d) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees, the Permanent Select Committee on Intelligence of 
the House of Representatives, and the Select Committee on Intelligence 
of the Senate a report containing--
        (1) the policy required by subsection (a); and
        (2) the acquisition strategy required by subsection (a).
    SEC. 145. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS OF THE 
      NAVY.
    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of the Navy shall submit to the congressional 
defense committees a report on future jet carrier trainer requirements. 
In addressing such requirements, the report shall include a plan based 
on the following:
        (1) Studies conducted by independent organizations concerning 
    future jet carrier trainer requirements.
        (2) The results of a cost-benefit analysis comparing the 
    creation of a new jet carrier trainer program with the modification 
    of the current jet carrier trainer program in order to fulfill 
    future jet carrier trainer requirements.

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

               Subtitle A--Authorization of Appropriations

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

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

                  Subtitle C--Missile Defense Programs

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

                           Subtitle D--Reports

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

                        Subtitle E--Other Matters

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

              Subtitle A--Authorization of Appropriations

    SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
        (1) For the Army, $11,045,052,000.
        (2) For the Navy, $19,345,603,000.
        (3) For the Air Force, $26,289,508,000.
        (4) For Defense-wide activities, $21,131,501,000, of which 
    $188,772,000 is authorized for the Director of Operational Test and 
    Evaluation.
    SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
    (a) Fiscal Year 2009.--Of the amounts authorized to be appropriated 
by section 201, $11,799,660 shall be available for the Defense Science 
and Technology Program, including basic research, applied research, and 
advanced technology development projects.
    (b) Basic Research, Applied Research, and Advanced Technology 
Development Defined.--For purposes of this section, the term ``basic 
research, applied research, and advanced technology development'' means 
work funded in programs elements for defense research and development 
under Department of Defense budget activity 1, 2, or 3.

    Subtitle B--Program Requirements, Restrictions, and Limitations

    SEC. 211. ADDITIONAL DETERMINATIONS TO BE MADE AS PART OF FUTURE 
      COMBAT SYSTEMS MILESTONE REVIEW.
    Section 214(b) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2123) is 
amended by striking paragraphs (4) through (6) and inserting the 
following new paragraphs:
        ``(4) Whether actual demonstrations, rather than simulations, 
    have shown that the software for the program is on a path to 
    achieve threshold requirements on cost and schedule.
        ``(5) Whether the program's planned major communications 
    network demonstrations are sufficiently complex and realistic to 
    inform major program decision points.
        ``(6) The extent to which Future Combat Systems manned ground 
    vehicle survivability is likely to be reduced in a degraded Future 
    Combat Systems communications network environment.
        ``(7) The level of network degradation at which Future Combat 
    Systems manned ground vehicle crew survivability is significantly 
    reduced.
        ``(8) The extent to which the Future Combat Systems 
    communications network is capable of withstanding network attack, 
    jamming, or other interference.
        ``(9) What the cost estimate for the program is, including all 
    spin outs, and an assessment of the confidence level for that 
    estimate.
        ``(10) What the affordability assessment for the program is, 
    given projected Army budgets, based on the cost estimate referred 
    to in paragraph (9).''.
    SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMUNICATIONS NETWORK 
      AND SOFTWARE.
    (a) Report Required.--Not later than September 30, 2009, the 
Assistant Secretary of Defense for Networks and Information Integration 
shall submit to the congressional defense committees a report on the 
Future Combat Systems communications network and software. The report 
shall include the following:
        (1) An assessment of the vulnerability of the Future Combat 
    Systems communications network and software to enemy network 
    attack, in particular the effect of the use of significant amounts 
    of commercial software in Future Combat Systems software.
        (2) An assessment of the vulnerability of the Future Combat 
    Systems communications network to electronic warfare, jamming, and 
    other potential enemy interference.
        (3) An assessment of the vulnerability of the Future Combat 
    Systems communications network to adverse weather and complex 
    terrain.
        (4) An assessment of the Future Combat Systems communication 
    network's dependence on satellite communications support, and an 
    assessment of the network's performance in the absence of assumed 
    levels of satellite communications support.
        (5) An assessment of the performance of the Future Combat 
    Systems communications network when operating in a degraded 
    condition due to the factors analyzed in paragraphs (1), (2), (3), 
    and (4), and how such a degraded network environment would affect 
    the performance of Future Combat Systems brigades and the 
    survivability of Future Combat Systems manned ground vehicles.
        (6) An assessment, developed in coordination with the Director 
    of Operational Test and Evaluation, of the adequacy of the Future 
    Combat Systems communications network testing schedule.
        (7) An assessment, developed in coordination with the Director 
    of Operational Test and Evaluation, of the synchronization of the 
    funding, schedule, and technology maturity of the Warfighter 
    Information Network-Tactical and Joint Tactical Radio System 
    programs in relation to the Future Combat Systems program, 
    including any planned Future Combat Systems spin outs.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VEHICLE SELECTED 
      ACQUISITION REPORTS.
    (a) Report Required.--Not later than February 15 of each of the 
years 2009 through 2015, the Secretary of the Army shall submit a 
Selected Acquisition Report under section 2432 of title 10, United 
States Code, to Congress for each Future Combat Systems manned ground 
vehicle variant.
    (b) Required Elements.--Each report required by subsection (a) 
shall include the same information required in comprehensive annual 
Selected Acquisition Reports under section 2432(c) of title 10, United 
States Code.
    (c) Definition.--In this section, the term ``manned ground vehicle 
variant'' means--
        (1) the eight distinct variants of manned ground vehicles 
    designated on pages seven and eight of the Future Combat Systems 
    Selected Acquisition Report of the Department of Defense dated 
    December 31, 2007; and
        (2) any additional manned ground vehicle variants designated in 
    Future Combat Systems Acquisition Reports of the Department of 
    Defense after the date of the enactment of this Act.
    SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT, TEST, AND 
      EVALUATION LINE ITEMS AND PROGRAM ELEMENTS FOR SKY WARRIOR 
      UNMANNED AERIAL SYSTEMS PROJECT.
    Effective for fiscal year 2010 and for each fiscal year thereafter, 
the Secretary of Defense shall ensure that, in the annual budget 
submission of the Department of Defense to the President, within both 
the account for procurement and the account for research, development, 
test, and evaluation, a separate, dedicated line item and program 
element is designated for the Sky Warrior Unmanned Aerial Systems 
project, to the extent such accounts include funding for such project.
    SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR THE WARFIGHTER 
      INFORMATION NETWORK-TACTICAL PROGRAM.
    (a) Notification Required.--Not later than five days after the 
completion of all actions described in subsection (b), the Under 
Secretary of Defense for Acquisition, Technology, and Logistics shall 
submit to the congressional defense committees notice in writing of 
such completion.
    (b) Covered Actions.--An action described in this subsection is any 
of the following:
        (1) Approval by the Under Secretary of a new acquisition 
    program baseline for the Warfighter Information Network-Tactical 
    Increment 3 program (in this section referred to as the ``WIN-T 
    Increment 3 program'').
        (2) Completion of the independent cost estimate for the WIN-T 
    Increment 3 program by the Cost Analysis Improvement Group, as 
    required by the June 5, 2007, recertification by the Under 
    Secretary.
        (3) Completion of the technology readiness assessment of the 
    WIN-T Increment 3 program by the Director, Defense Research and 
    Engineering, as required by the June 5, 2007, recertification by 
    the Under Secretary.
    (c) Restriction on Obligation of Funds Pending Notification.--Of 
the amounts appropriated pursuant to an authorization of appropriations 
in this Act or otherwise made available for research, development, 
test, and evaluation, Army, for fiscal year 2009 for the WIN-T 
Increment 3 program, not more than 50 percent of those amounts may be 
obligated or expended until 15 days after the date on which the 
notification required by subsection (a) is received by the 
congressional defense committees.
    SEC. 216. LIMITATION ON SOURCE OF FUNDS FOR CERTAIN JOINT CARGO 
      AIRCRAFT EXPENDITURES.
    (a) Limitation.--Of the amounts appropriated pursuant to an 
authorization of appropriations in this Act or otherwise made available 
for fiscal year 2009 or any fiscal year thereafter for the Army or the 
Air Force, the Secretary of the Army and the Secretary of the Air Force 
may fund relevant expenditures for the Joint Cargo Aircraft only 
through amounts made available for procurement or for research, 
development, test, and evaluation.
    (b) Relevant Expenditures for the Joint Cargo Aircraft Defined.--In 
this section, the term ``relevant expenditures for the Joint Cargo 
Aircraft'' means expenditures relating to--
        (1) support equipment;
        (2) initial spares;
        (3) training simulators;
        (4) systems engineering and management; and
        (5) post-production modifications.
    SEC. 217. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING INFRARED 
      SYSTEMS.
    (a) In General.--The Secretary of Defense, in consultation with the 
Director of National Intelligence, shall develop a comprehensive plan 
to conduct and support research, development, and demonstration of 
technologies that could evolve into the next generation of overhead 
nonimaging infrared systems.
    (b) Elements.--The plan required by subsection (a) shall include 
the following:
        (1) The research objectives to be achieved under the plan.
        (2) A description of the research, development, and 
    demonstration activities under the plan.
        (3) An estimate of the duration of the research, development, 
    and demonstration of technologies under the plan.
        (4) The cost and duration of any flight or on-orbit 
    demonstrations of the technologies being developed.
        (5) A plan for implementing any acquisition programs with 
    respect to technologies determined to be successful under the plan.
        (6) An identification of the date by which a decision must be 
    made to begin any follow-on programs and a justification for the 
    date identified.
        (7) A schedule for completion of a full analysis of the on-
    orbit performance characteristics of the Space-Based Infrared 
    System and the Space Tracking and Surveillance System, and an 
    assessment of how the performance characteristics of such systems 
    will inform the decision to proceed to a next generation overhead 
    nonimaging infrared system.
    (c) Limitation on Obligation and Expenditure of Funds for Third 
Generation Infrared Surveillance Program.--Not more than 50 percent of 
the amounts authorized to be appropriated for fiscal year 2009 by 
section 201(3) for research, development, test, and evaluation for the 
Air Force and available for the Third Generation Infrared Surveillance 
program may be obligated or expended until the date that is 30 days 
after the date on which the Secretary submits to Congress the plan 
required by subsection (a).
    SEC. 218. ADVANCED ENERGY STORAGE TECHNOLOGY AND MANUFACTURING.
    (a) Roadmap Required.--The Secretary of Defense, acting through the 
Director of Defense Research and Engineering, the Deputy Under 
Secretary of Defense for Industrial Policy, and service acquisition 
executives, shall, in coordination with the Secretary of Energy, 
develop a multi-year roadmap to develop advanced energy storage 
technologies and sustain domestic advanced energy storage technology 
manufacturing capabilities and an assured supply chain necessary to 
ensure that the Department of Defense has assured access to advanced 
energy storage technologies to support current military requirements 
and emerging military needs.
    (b) Elements.--The roadmap required by subsection (a) shall 
include, but not be limited to, the following:
        (1) An identification of current and future capability gaps, 
    performance enhancements, cost savings goals, and assured 
    technology access goals that require advances in energy storage 
    technology and manufacturing capabilities.
        (2) Specific research, technology, and manufacturing goals and 
    milestones, and timelines and estimates of funding necessary for 
    achieving such goals and milestones.
        (3) A summary of applications for energy storage technologies 
    by the Department of Defense and, for each type of application, an 
    assessment of the demand for such technologies, in terms of 
    quantity and military need.
        (4) Specific mechanisms for coordinating the activities of 
    Federal agencies, State and local governments, coalition partners, 
    private industry, and academia covered by the roadmap.
        (5) Such other matters as the Secretary of Defense and the 
    Secretary of Energy consider appropriate for purposes of the 
    roadmap.
    (c) Coordination.--
        (1) In general.--The roadmap required by subsection (a) shall 
    be developed in coordination with the military departments, 
    appropriate Defense Agencies and other elements and organizations 
    of the Department of Defense, other appropriate Federal, State, and 
    local government organizations, and appropriate representatives of 
    private industry and academia.
        (2) Department of defense support.--The Secretary of Defense 
    shall ensure that appropriate elements and organizations of the 
    Department of Defense provide such information and other support as 
    is required for the development of the roadmap.
    (d) Submittal to Congress.--The Secretary of Defense shall submit 
to the congressional defense committees the roadmap required by 
subsection (a) not later than one year after the date of the enactment 
of this Act.
    (e) Advanced Energy Storage Technology Initiative Investment 
Summary.--Not later than 6 months after the date of enactment of this 
Act, the Secretary of Defense shall submit to the congressional defense 
committees a report on the expenditures for energy storage technologies 
within the Department of Defense, Defense Agencies, and military 
departments, for fiscal years 2008 and 2009 and the projected 
expenditures for such technologies for fiscal year 2010.
    SEC. 219. MECHANISMS TO PROVIDE FUNDS FOR DEFENSE LABORATORIES FOR 
      RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS.
    (a) Mechanisms to Provide Funds.--
        (1) In general.--The Secretary of Defense, in consultation with 
    the Secretaries of the military departments, shall establish 
    mechanisms under which the director of a defense laboratory may use 
    an amount of funds equal to not more than three percent of all 
    funds available to the defense laboratory for the following 
    purposes:
            (A) To fund innovative basic and applied research that is 
        conducted at the defense laboratory and supports military 
        missions.
            (B) To fund development programs that support the 
        transition of technologies developed by the defense laboratory 
        into operational use.
            (C) To fund workforce development activities that improve 
        the capacity of the defense laboratory to recruit and retain 
        personnel with needed scientific and engineering expertise.
        (2) Consultation required.--The mechanisms established under 
    paragraph (1) shall provide that funding shall be used under 
    paragraph (1) at the discretion of the director of a defense 
    laboratory in consultation with the science and technology 
    executive of the military department concerned.
    (b) Annual Report on Use of Authority.--
        (1) In general.--Not later than March 1 of each year, the 
    Secretary of Defense shall submit to the congressional defense 
    committees a report on the use of the authority under subsection 
    (a) during the preceding year.
        (2) Elements.--Each report under paragraph (1) shall include, 
    with respect to the year covered by such report, the following:
            (A) A description of the mechanisms used to provide funding 
        under subsection (a)(1).
            (B) A statement of the amount of funding made available to 
        each defense laboratory for research described under such 
        subsection.
            (C) A description of the investments made by each defense 
        laboratory using funds under such subsection.
            (D) A description and assessment of any improvements in the 
        performance of the defense laboratories as a result of 
        investments under such subsection.
            (E) A description and assessment of the contributions to 
        the development of needed military capabilities provided by 
        research using funds under such subsection.
            (F) A description of any modification to the mechanisms 
        under subsection (a) that would improve the efficacy of the 
        authority under such subsection to support military missions.
    (c) Sunset.--The authority under subsection (a) shall expire on 
October 1, 2013.
    SEC. 220. REQUIREMENTS FOR CERTAIN AIRBORNE INTELLIGENCE COLLECTION 
      SYSTEMS.
    (a) In General.--Except as provided pursuant to subsection (b), 
effective as of October 1, 2012, each airborne intelligence collection 
system of the Department of Defense that is connected to the 
Distributed Common Ground/Surface System shall have the capability to 
operate with the Network-Centric Collaborative Targeting System.
    (b) Exceptions.--The requirement in subsection (a) with respect to 
a particular airborne intelligence collection system may be waived by 
the Chairman of the Joint Requirements Oversight Council under section 
181 of title 10, United States Code. Waivers under this subsection 
shall be made on a case-by-case basis.
    SEC. 221. LIMITATION ON OBLIGATION OF FUNDS FOR ENHANCED AN/TPQ-36 
      RADAR SYSTEM PENDING SUBMISSION OF REPORT.
    Of the amounts appropriated pursuant to section 201(1) of this Act 
or otherwise made available for fiscal year 2009 for research, 
development, test, and evaluation, Army, for the Enhanced AN/TPQ-36 
radar system, not more than 70 percent of the amounts remaining 
unobligated as of the date of the enactment of this Act may be 
obligated until the Secretary of the Army submits to the congressional 
defense committees a report describing the plan to transition the 
Counter-Rockets, Artillery, and Mortars program to a program of record.

                  Subtitle C--Missile Defense Programs

    SEC. 231. ANNUAL DIRECTOR OF OPERATIONAL TEST AND EVALUATION 
      CHARACTERIZATION OF OPERATIONAL EFFECTIVENESS, SUITABILITY, AND 
      SURVIVABILITY OF THE BALLISTIC MISSILE DEFENSE SYSTEM.
    (a) Annual Characterization.--Section 232(h) of the National 
Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is 
amended--
        (1) by redesignating paragraph (2) as paragraph (3);
        (2) by inserting after paragraph (1) the following new 
    paragraph (2):
    ``(2) The Director of Operational Test and Evaluation shall also 
each year characterize the operational effectiveness, suitability, and 
survivability of the ballistic missile defense system, and its 
elements, that have been fielded or tested before the end of the 
preceding fiscal year.''; and
        (3) in paragraph (3), as redesignated by paragraph (1) of this 
    subsection, by inserting ``and the characterization under paragraph 
    (2)'' after ``the assessment under paragraph (1)''.
    (b) Conforming Amendment.--The heading of such section is amended 
to read as follows: ``Annual OT&E Assessment and Characterization of 
Certain Ballistic Missile Defense Matters.--''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008, and shall apply with respect to fiscal years 
beginning on or after that date.
    SEC. 232. INDEPENDENT STUDY OF BOOST-PHASE MISSILE DEFENSE.
    (a) Study.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall enter into an agreement 
with the National Academy of Sciences to conduct an independent study 
of concepts and systems for boost-phase missile defense.
    (b) Elements.--
        (1) Content.--The study required by subsection (a) shall 
    address the following:
            (A) The extent to which boost-phase missile defense is 
        technically feasible and practical.
            (B) Whether any demonstration efforts by the Department of 
        Defense of boost-phase missile defense technology existing as 
        of the date of the study (including the Airborne Laser and the 
        Kinetic Energy Interceptor) have a high probability of 
        performing a boost-phase missile defense mission in an 
        operationally effective, suitable, and survivable manner.
        (2) Systems to be examined.--The study required by subsection 
    (a) shall examine each of the following systems:
            (A) The Airborne Laser.
            (B) The Kinetic Energy Interceptor (land-based and sea-
        based options).
            (C) Other existing boost-phase technology demonstration 
        programs.
        (3) Factors to be evaluated.--The study shall evaluate each 
    system identified in paragraph (2) based on the following factors:
            (A) Technical capability of the system against scenarios 
        identified in paragraph (4).
            (B) Operational issues, including operational 
        effectiveness.
            (C) The results of key milestone tests conducted prior to 
        preparation of the report under subsection (c).
            (D) Survivability.
            (E) Suitability.
            (F) Concept of operations, including basing considerations.
            (G) Operations and maintenance support.
            (H) Command and control considerations, including timelines 
        for detection, decision-making, and engagement.
            (I) Shortfall from intercepts.
            (J) Force structure requirements.
            (K) Effectiveness against countermeasures.
            (L) Estimated cost of sustaining the system in the field.
            (M) Reliability, availability, and maintainability.
            (N) Geographic considerations, including limitations on the 
        ability to deploy systems within operational range of potential 
        targets.
            (O) Cost and cost-effectiveness, including total lifecycle 
        cost estimates.
        (4) Scenarios to be assessed.--The study shall include an 
    assessment of each system identified in paragraph (2) regarding the 
    performance and operational capabilities of the system--
            (A) to counter short-range, medium-range, and intermediate-
        range ballistic missile threats from rogue states to the 
        deployed forces of the United States and its allies; and
            (B) to defend the territory of the United States against 
        limited ballistic missile attack.
        (5) Comparison with non-boost systems.--The study shall include 
    an assessment of the performance and operational capabilities of 
    non-boost missile defense systems to counter the scenarios 
    identified in paragraph (4). The results under this paragraph shall 
    be compared to the results under paragraph (4). For purposes of 
    this paragraph, non-boost missile defense systems include--
            (A) the Patriot PAC-3 system and the Medium Extended Air 
        Defense System follow-on system;
            (B) the Aegis Ballistic Missile Defense system, with all 
        variants of the Standard Missile-3 interceptor;
            (C) the Terminal High Altitude Area Defense system; and
            (D) the Ground-based Midcourse Defense system.
    (c) Report.--
        (1) In general.--Upon the completion of the study required by 
    subsection (a), but not later than October 31, 2010, the National 
    Academy of Sciences shall submit to the Secretary of Defense and 
    the congressional defense committees a report on the study. The 
    report shall include such recommendations regarding the future 
    direction of the boost-phase ballistic missile defense programs of 
    the United States as the Academy considers appropriate.
        (2) Form.--The report under paragraph (1) shall be submitted to 
    the congressional defense committees in unclassified form, but may 
    include a classified annex.
    (d) Funding.--Of the funds appropriated pursuant to the 
authorization of appropriations in section 201(4) for research, 
development, test, and evaluation, Defense-wide, and available for the 
Missile Defense Agency, $3,500,000 may be available to conduct the 
study required by subsection (a).
    (e) Cooperation From Government.--In carrying out the study, the 
National Academy of Sciences shall receive the full and timely 
cooperation of the Secretary of Defense and any other Federal 
Government official in providing the Academy with analyses, briefings, 
and other information necessary for the fulfillment of its 
responsibilities.
    SEC. 233. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT, 
      CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN EUROPE.
    (a) General Limitation.--No funds authorized to be appropriated by 
this Act or otherwise made available for the Department of Defense for 
fiscal year 2009 or any fiscal year thereafter may be obligated or 
expended for procurement, site activation, construction, preparation of 
equipment for, or deployment of a long-range missile defense system in 
Europe until the following conditions have been met:
        (1) In the case of the proposed midcourse radar element of such 
    missile defense system, the host nation has signed and ratified the 
    missile defense basing agreement and status of forces agreement 
    that allow for the stationing in such nation of the radar and 
    personnel to carry out the proposed deployment.
        (2) In the case of the proposed long-range missile defense 
    interceptor site element of such missile defense system--
            (A) the condition in paragraph (1) has been met; and
            (B) the host nation has signed and ratified the missile 
        defense basing agreement and status of forces agreement that 
        allow for the stationing in such nation of the interceptor site 
        and personnel to carry out the proposed deployment.
        (3) In the case of either element of such missile defense 
    system described in paragraph (1) or (2), 45 days have elapsed 
    following the receipt by the congressional defense committees of 
    the report required by section 226(c)(6) of the National Defense 
    Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
    Stat. 42).
    (b) Additional Limitation.--In addition to the limitation in 
subsection (a), no funds authorized to be appropriated by this Act or 
otherwise made available for the Department of Defense for fiscal year 
2009 may be obligated or expended for the acquisition (other than 
initial long-lead procurement) or deployment of operational missiles of 
a long-range missile defense system in Europe until the Secretary of 
Defense, after receiving the views of the Director of Operational Test 
and Evaluation, submits to the congressional defense committees a 
report certifying that the proposed interceptor to be deployed as part 
of such missile defense system has demonstrated, through successful, 
operationally realistic flight testing, a high probability of working 
in an operationally effective manner and the ability to accomplish the 
mission.
    (c) Construction.--Nothing in this section shall be construed to 
limit continuing obligation and expenditure of funds for missile 
defense, including for research and development and for other 
activities not otherwise limited by subsection (a) or (b), including, 
but not limited to, site surveys, studies, analysis, and planning and 
design for the proposed missile defense deployment in Europe.
    SEC. 234. REVIEW OF THE BALLISTIC MISSILE DEFENSE POLICY AND 
      STRATEGY OF THE UNITED STATES.
    (a) Review Required.--The Secretary of Defense shall conduct a 
review of the ballistic missile defense policy and strategy of the 
United States.
    (b) Elements.--The matters addressed by the review required by 
subsection (a) shall include the following:
        (1) The ballistic missile defense policy of the United States 
    in relation to the overall national security policy of the United 
    States.
        (2) The ballistic missile defense strategy and objectives of 
    the United States in relation to the national security strategy of 
    the United States and the military strategy of the United States.
        (3) The ballistic missile threat to the United States, deployed 
    forces of the United States, and friends and allies of the United 
    States from short, medium, intermediate, and long-range ballistic 
    missile threats.
        (4) The organization, discharge, and oversight of acquisition 
    for the ballistic missile defense programs of the United States.
        (5) The roles and responsibilities of the Office of the 
    Secretary of Defense, defense agencies, combatant commands, the 
    Joint Chiefs of Staff, and the military departments in such 
    programs.
        (6) The process for determining requirements for missile 
    defense capabilities under such programs, including input from the 
    joint military requirements process.
        (7) The process for determining the force structure and 
    inventory objectives for such programs.
        (8) Standards for the military utility, operational 
    effectiveness, suitability, and survivability of the ballistic 
    missile defense systems of the United States.
        (9) The method in which resources for the ballistic missile 
    defense mission are planned, programmed, and budgeted within the 
    Department of Defense.
        (10) The near-term and long-term affordability and cost-
    effectiveness of such programs.
        (11) The objectives, requirements, and standards for test and 
    evaluation with respect to such programs.
        (12) Accountability, transparency, and oversight with respect 
    to such programs.
        (13) The role of international cooperation on missile defense 
    in the ballistic missile defense policy and strategy of the United 
    States.
        (14) Any other matters the Secretary determines relevant.
    (c) Report.--
        (1) In general.--Not later than January 31, 2010, the Secretary 
    shall submit to Congress a report setting forth the results of the 
    review required by subsection (a).
        (2) Form.--The report required by this subsection shall be in 
    unclassified form, but may include a classified annex.
    SEC. 235. AIRBORNE LASER SYSTEM.
    (a) Report on Director of Operational Test and Evaluation 
Assessment of Testing.--Not later than January 15, 2010, the Director 
of Operational Test and Evaluation shall--
        (1) review and evaluate the testing conducted on the first 
    Airborne Laser System aircraft, including the planned shoot-down 
    demonstration testing; and
        (2) submit to the Secretary of Defense and to Congress an 
    assessment by the Director of the operational effectiveness, 
    suitability, and survivability of the Airborne Laser System.
    (b) Limitation on Availability of Funds for Later Airborne Laser 
System Aircraft.--No funds appropriated pursuant to an authorization of 
appropriations or otherwise made available for the Department of 
Defense may be obligated or expended for the procurement of a second or 
subsequent aircraft for the Airborne Laser System program until the 
later of the following dates:
        (1) The date on which the Secretary of Defense, after receiving 
    the assessment under subsection (a)(2), submits to Congress a 
    certification that the Airborne Laser System has demonstrated, 
    through successful testing and operational and cost analysis, a 
    high probability of being operationally effective, suitable, 
    survivable, and affordable.
        (2) The date that is 60 days after the date on which Congress 
    receives the independent assessment of boost-phase missile defense 
    required by section 232.
    SEC. 236. ACTIVATION AND DEPLOYMENT OF AN/TPY-2 FORWARD-BASED X-
      BAND RADAR.
    (a) Availability of Funds.--Subject to subsection (b), of the 
amount authorized to be appropriated by section 201(4) for research, 
development, test, and evaluation, Defense-wide activities, up to 
$89,000,000 may be available for Ballistic Missile Defense Sensors for 
the activation and deployment of the AN/TPY-2 forward-based X-band 
radar to a classified location.
    (b) Limitation.--
        (1) In general.--Funds may not be available under subsection 
    (a) for the purpose specified in that subsection until the 
    Secretary of Defense submits to the Committees on Armed Services of 
    the Senate and the House of Representatives a report on the 
    deployment of the AN/TPY-2 forward-based X-band radar as described 
    in that subsection, including:
            (A) The location of deployment of the radar.
            (B) A description of the operational parameters of the 
        deployment of the radar, including planning for force 
        protection.
            (C) A description of any recurring and non-recurring 
        expenses associated with the deployment of the radar.
            (D) A description of the cost-sharing arrangements between 
        the United States and the country in which the radar will be 
        deployed regarding the expenses described in subparagraph (C).
            (E) A description of the other terms and conditions of the 
        agreement between the United States and such country regarding 
        the deployment of the radar.
        (2) Form.--The report under paragraph (1) shall be submitted in 
    unclassified form, but may include a classified annex.

                          Subtitle D--Reports

    SEC. 241. BIENNIAL REPORTS ON JOINT AND SERVICE CONCEPT DEVELOPMENT 
      AND EXPERIMENTATION.
    (a) In General.--Section 485 of title 10, United States Code, is 
amended to read as follows:
``Sec. 485. Joint and service concept development and experimentation
    ``(a) Biennial Reports Required.--Not later than January 1 of each 
even numbered-year, the Secretary of Defense or the Secretary's 
designee shall submit to the congressional defense committees a report 
on the conduct and outcomes of joint and service concept development 
and experimentation.
    ``(b) Matters To Be Included.--Each report under subsection (a) 
shall include the following:
        ``(1) A description of any changes since the latest report 
    submitted under this section to each of the following:
            ``(A) The organization of the Department of Defense 
        responsible for executing the mission of joint concept 
        development and experimentation, or its specific authorities 
        related to that mission.
            ``(B) The process for tasking forces (including forces 
        designated as joint experimentation forces) to participate in 
        joint concept development and experimentation, and the specific 
        authority of the organization responsible for executing the 
        mission of joint concept development and experimentation over 
        those forces.
            ``(C) The resources provided for initial implementation of 
        joint concept development and experimentation, the process for 
        providing such resources to the organization responsible for 
        executing the mission of joint concept development and 
        experimentation, the categories of funding for joint concept 
        development and experimentation, and the authority of the 
        organization responsible for executing the mission of joint 
        concept development and experimentation for budget execution 
        for such activities.
            ``(D) The assigned role of the organization responsible for 
        executing the mission of joint concept development and 
        experimentation for--
                ``(i) integrating and testing in joint concept 
            development and experimentation the systems that emerge 
            from warfighting experimentation by the armed forces and 
            the Defense Agencies;
                ``(ii) assessing the effectiveness of organizational 
            structures, operational concepts, and technologies relating 
            to joint concept development and experimentation; and
                ``(iii) assisting the Secretary of Defense and the 
            Chairman of the Joint Chiefs of Staff in setting priorities 
            for requirements or acquisition programs in light of joint 
            concept development and experimentation.
        ``(2) A description of the conduct of joint concept development 
    and experimentation activities, and of concept development and 
    experimentation activities of each of the military departments, 
    during the two-year period ending on the date of such report, 
    including--
            ``(A) the funding involved;
            ``(B) the number of activities engaged in;
            ``(C) the forces involved;
            ``(D) the national and homeland security challenges 
        addressed;
            ``(E) the operational concepts assessed;
            ``(F) the technologies assessed;
            ``(G) the scenarios and measures of effectiveness utilized; 
        and
            ``(H) specific interactions under such activities with the 
        commanders of the combatant commands and with other 
        organizations and entities inside and outside the Department.
        ``(3) A description of the conduct of joint concept development 
    and experimentation, and of the conduct of concept development and 
    experimentation by each of the military departments, during the 
    two-year period ending on the date of such report with respect to 
    the development of warfighting concepts for operational scenarios 
    more than 10 years in the future, including--
            ``(A) the funding involved;
            ``(B) the number of activities engaged in;
            ``(C) the forces involved;
            ``(D) the challenges addressed;
            ``(E) the operational concepts assessed;
            ``(F) the technologies assessed;
            ``(G) the scenarios and measures of effectiveness utilized; 
        and
            ``(H) specific interactions with the commanders of the 
        combatant commands and with other organizations and entities 
        inside and outside the Department.
        ``(4) A description of the mechanisms used to coordinate joint, 
    service, interagency, Coalition, and other appropriate concept 
    development and experimentation activities.
        ``(5) An assessment of the return on investment in concept 
    development and experimentation activities, including a description 
    of the following:
            ``(A) Specific outcomes and impacts within the Department 
        of the results of past joint and service concept development 
        and experimentation in terms of new doctrine, operational 
        concepts, organization, training, materiel, leadership, 
        personnel, or the allocation of resources, or in activities 
        that terminated support for legacy concepts, programs, or 
        systems.
            ``(B) Specific actions taken to implement the 
        recommendations of the Commander of United States Joint Forces 
        Command based on joint concept development and experimentation 
        activities.
        ``(6) Such recommendations (based primarily on the results of 
    joint and service concept development and experimentation) as the 
    Secretary considers appropriate for enhancing the development of 
    joint warfighting capabilities by modifying activities throughout 
    the Department relating to--
            ``(A) the development or acquisition of specific advanced 
        technologies, systems, or weapons or systems platforms;
            ``(B) key systems attributes and key performance parameters 
        for the development or acquisition of advanced technologies and 
        systems;
            ``(C) joint or service doctrine, organization, training, 
        materiel, leadership development, personnel, or facilities;
            ``(D) the reduction or elimination of redundant equipment 
        and forces, including the synchronization of the development 
        and fielding of advanced technologies among the armed forces to 
        enable the development and execution of joint operational 
        concepts; and
            ``(E) the development or modification of initial 
        capabilities documents, operational requirements, and relative 
        priorities for acquisition programs to meet joint requirements.
        ``(7) With respect to improving the effectiveness of joint 
    concept development and experimentation capabilities, such 
    recommendations (based primarily on the results of joint 
    warfighting experimentation) as the Secretary considers appropriate 
    regarding--
            ``(A) the conduct of, adequacy of resources for, or 
        development of technologies to support such capabilities; and
            ``(B) changes in support from other elements of the 
        Department responsible for concept development and 
        experimentation by joint or service organizations.
        ``(8) The coordination of the concept development and 
    experimentation activities of the Commander of the United States 
    Joint Forces Command with the activities of the Commander of the 
    North Atlantic Treaty Organization Supreme Allied Command 
    Transformation.
        ``(9) Any other matters that the Secretary consider 
    appropriate.
    ``(c) Coordination and Support.--The Secretary of Defense shall 
ensure that the Secretaries of the military departments and the heads 
of other appropriate elements of the Department of Defense provide such 
information and support as is required for the preparation of the 
reports required by this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 23 of such title is amended by striking the item relating to 
section 485 and inserting the following new item:

``485. Joint and service concept development and experimentation.''.
    SEC. 242. REPORT ON PARTICIPATION OF THE HISTORICALLY BLACK 
      COLLEGES AND UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS IN 
      RESEARCH AND EDUCATIONAL PROGRAMS AND ACTIVITIES OF THE 
      DEPARTMENT OF DEFENSE.
    (a) In General.--The Secretary of Defense shall carry out an 
independent assessment of the participation of covered educational 
institutions in research and educational programs and activities of the 
Department of Defense.
    (b) Report.--Not later than 12 months after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the assessment required 
under subsection (a).
    (c) Matters Included.--The report required under subsection (b) 
shall include the following:
        (1) A description of research, training, technical assistance, 
    infrastructure support, and educational programs and activities 
    conducted by the Department of Defense in support of covered 
    educational institutions.
        (2) A survey of the level of participation of covered 
    educational institutions in programs described in paragraph (1), 
    and lessons learned from the survey.
        (3) An assessment of the relevance, including outcomes and 
    effects, of the programs and activities identified in paragraph (1) 
    to the research and educational programs, activities, and missions 
    of the Department of Defense.
        (4) An assessment of additional activities by the Department of 
    Defense that support covered educational institutions whose primary 
    focus is the training and educating of minority scientists, 
    engineers, and technicians.
        (5) An assessment of barriers to the participation of covered 
    educational institutions in the research and educational programs 
    and activities of the Department of Defense.
        (6) Recommendations to increase the capacity of covered 
    educational institutions to participate in research and educational 
    programs and activities that are critical to the national security 
    functions of the Department of Defense.
        (7) Any other matters the Secretary of Defense considers 
    appropriate.
    (d) Cooperation of Defense Organizations.--The Secretary of Defense 
shall ensure that the relevant elements of the Department of Defense 
provide all information necessary for the completion of the assessment 
required under subsection (a).
    (e) Definitions.--In this section:
        (1) The term ``covered educational institutions'' means--
            (A) a historically Black college or university that is a 
        part B institution, as defined in section 322(2) of the Higher 
        Education Act of 1965 (20 U.S.C. 1061(2));
            (B) a minority institution, as defined in section 365(3) of 
        that Act (20 U.S.C. 1067k(3));
            (C) a Hispanic-serving institution, as defined in section 
        502(a)(5) of that Act (20 U.S.C. 1101a(a)(5));
            (D) a Tribal College or University, as defined in section 
        316(b)(3) of that Act (20 U.S.C. 1059c(b)(3)); and
            (E) other minority postsecondary institutions.
        (2) The term ``research and educational programs and 
    activities'' includes programs and activities relating to research, 
    development, test, and evaluation and education.
    SEC. 243. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO FINDINGS AND 
      RECOMMENDATIONS OF THE DEFENSE SCIENCE BOARD TASK FORCE ON 
      DIRECTED ENERGY WEAPONS.
    (a) Report Required.--Not later than January 1, 2010, the Secretary 
of Defense shall submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives a report on the implementation of the recommendations 
of the Defense Science Board Task Force on Directed Energy Weapons.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
        (1) An analysis of each of the findings and recommendations of 
    the Defense Science Board Task Force on Directed Energy Weapons.
        (2) A detailed description of the response of the Department of 
    Defense to each finding and recommendation of the Task Force, 
    including--
            (A) for each recommendation that is being implemented or 
        that the Secretary plans to implement--
                (i) a summary of actions that have been taken to 
            implement such recommendation; and
                (ii) a schedule, with specific milestones, for 
            completing the implementation of such recommendation; and
            (B) for each recommendation that the Secretary does not 
        plan to implement--
                (i) the reasons for the decision not to implement such 
            recommendation; and
                (ii) a summary of the alternative actions the Secretary 
            plans to take to address the purposes underlying such 
            recommendation.
        (3) A summary of any additional actions the Secretary plans to 
    take to address concerns raised by the Task Force.

                       Subtitle E--Other Matters

    SEC. 251. MODIFICATION OF SYSTEMS SUBJECT TO SURVIVABILITY TESTING 
      OVERSIGHT BY THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION.
    (a) Authority To Designate Additional Systems as Major Systems and 
Programs Subject to Testing.--Section 2366(e)(1) of title 10, United 
States Code, is amended to read as follows:
        ``(1) The term `covered system' means--
            ``(A) a vehicle, weapon platform, or conventional weapon 
        system that--
                ``(i) includes features designed to provide some degree 
            of protection to users in combat; and
                ``(ii) is a major system as defined in section 2302(5) 
            of this title; or
            ``(B) any other system or program designated by the 
        Secretary of Defense for purposes of this section.''.
    (b) Revision to Report Requirement.--Section 2366(d) of such title 
is amended--
        (1) by inserting ``(1)'' before ``At the conclusion''; and
        (2) by adding at the end the following new paragraph:
    ``(2) If a decision is made within the Department of Defense to 
proceed to operational use of a system, or to make procurement funds 
available for a system, before Milestone C approval of that system, the 
Secretary of Defense shall submit to the congressional defense 
committees, as soon as practicable after such decision, the following:
        ``(A) A report describing the status of survivability and live 
    fire testing of that system.
        ``(B) The report required under paragraph (1).''.
    (c) Force Protection Equipment.--Section 139(b) of such title is 
amended--
        (1) by striking paragraph (3); and
        (2) by redesignating paragraphs (4) through (7) as paragraphs 
    (3) through (6), respectively.
    SEC. 252. TECHNOLOGY-NEUTRAL INFORMATION TECHNOLOGY GUIDELINES AND 
      STANDARDS TO SUPPORT FULLY INTEROPERABLE ELECTRONIC PERSONAL 
      HEALTH INFORMATION FOR THE DEPARTMENT OF DEFENSE AND DEPARTMENT 
      OF VETERANS AFFAIRS.
    Section 1635 of the Wounded Warrior Act (title XVI of Public Law 
110-181; 122 Stat. 460; 10 U.S.C. 1071 note) is amended--
        (1) in subsection (h)(1), by adding at the end the following 
    new subparagraphs:
            ``(C) A description and analysis of the level of 
        interoperability and security of technologies for sharing 
        healthcare information among the Department of Defense, the 
        Department of Veterans Affairs, and their transaction partners.
            ``(D) A description and analysis of the problems the 
        Department of Defense and the Department of Veterans Affairs 
        are having with, and the progress such departments are making 
        toward, ensuring interoperable and secure healthcare 
        information systems and electronic healthcare records.''; and
        (2) by adding at the end the following new subsection:
    ``(j) Technology-Neutral Guidelines and Standards.--The Director, 
in consultation with industry and appropriate Federal agencies, shall 
develop, or shall adopt from industry, technology-neutral information 
technology infrastructure guidelines and standards for use by the 
Department of Defense and the Department of Veterans Affairs to enable 
those departments to effectively select and utilize information 
technologies to meet the requirements of this section.''.
    SEC. 253. ASSESSMENT OF TECHNOLOGY TRANSITION PROGRAMS AND REPEAL 
      OF REPORTING REQUIREMENT.
    (a) Assessment and Report Required.--
        (1) In general.--The Under Secretary of Defense for 
    Acquisition, Technology, and Logistics shall assess the feasibility 
    of consolidating the various technology transition programs in the 
    Department of Defense into a unified effort managed by a senior 
    official of the Department.
        (2) Programs included.--The assessment required by paragraph 
    (1) shall include--
            (A) the technology transition programs managed or overseen 
        by the Secretary of Defense; and
            (B) as the Under Secretary considers appropriate, the 
        technology transition programs of the military departments.
        (3) Report.--Not later than October 1, 2009, the Under 
    Secretary shall submit to the congressional defense committees a 
    report on the assessment required by paragraph (1). The report 
    shall include the following:
            (A) A description of each of the technology transition 
        programs considered as part of the assessment.
            (B) An evaluation of the extent to which each technology 
        transition program fulfills its intended mission and supports 
        effective and efficient technology transition.
            (C) For each technology transition program considered in 
        the assessment, a summary of the funding available for the five 
        fiscal years preceding the date on which the report is 
        submitted.
            (D) The conclusion of the Under Secretary as to whether 
        there are any benefits in consolidating the technology 
        transition programs into a unified effort managed by a senior 
        official of the Department of Defense.
            (E) Recommendations to add, repeal, or amend statutes or 
        regulations in order to more effectively enable technology 
        transition.
            (F) Recommendations regarding the appropriate management 
        structure, fiscal controls, and stakeholder engagement required 
        to ensure that a unified technology transition program will 
        cost-effectively and efficiently enable technology transition.
    (b) Reporting Requirement Repealed.--Section 2359a of title 10, 
United States Code, is amended--
        (1) by striking subsection (h); and
        (2) by redesignating subsection (i) as subsection (h).
    SEC. 254. TRUSTED DEFENSE SYSTEMS.
    (a) Vulnerability Assessment Required.--The Secretary of Defense 
shall conduct an assessment of selected covered acquisition programs to 
identify vulnerabilities in the supply chain of each program's 
electronics and information processing systems that potentially 
compromise the level of trust in the systems. Such assessment shall--
        (1) identify vulnerabilities at multiple levels of the 
    electronics and information processing systems of the selected 
    programs, including microcircuits, software, and firmware;
        (2) prioritize the potential vulnerabilities and effects of the 
    various elements and stages of the system supply chain to identify 
    the most effective balance of investments to minimize the effects 
    of compromise;
        (3) provide recommendations regarding ways of managing supply 
    chain risk for covered acquisition programs; and
        (4) identify the appropriate lead person, and supporting 
    elements, within the Department of Defense for the development of 
    an integrated strategy for managing risk in the supply chain for 
    covered acquisition programs.
    (b) Assessment of Methods for Verifying the Trust of Semiconductors 
Procured From Commercial Sources.--The Under Secretary of Defense for 
Acquisition, Technology, and Logistics, in consultation with 
appropriate elements of the Department of Defense, the intelligence 
community, private industry, and academia, shall conduct an assessment 
of various methods of verifying the trust of semiconductors procured by 
the Department of Defense from commercial sources for use in mission-
critical components of potentially vulnerable defense systems. The 
assessment shall include the following:
        (1) An identification of various methods of verifying the trust 
    of semiconductors, including methods under development at the 
    Defense Agencies, government laboratories, institutions of higher 
    education, and in the private sector.
        (2) A determination of the methods identified under paragraph 
    (1) that are most suitable for the Department of Defense.
        (3) An assessment of the additional research and technology 
    development needed to develop methods of verifying the trust of 
    semiconductors that meet the needs of the Department of Defense.
        (4) Any other matters that the Under Secretary considers 
    appropriate.
    (c) Strategy Required.--
        (1) In general.--The lead person identified under subsection 
    (a)(4), in cooperation with the supporting elements also identified 
    under such subsection, shall develop an integrated strategy--
            (A) for managing risk--
                (i) in the supply chain of electronics and information 
            processing systems for covered acquisition programs; and
                (ii) in the procurement of semiconductors; and
            (B) that ensures dependable, continuous, long-term access 
        and trust for all mission-critical semiconductors procured from 
        both foreign and domestic sources.
        (2) Requirements.--At a minimum, the strategy shall--
            (A) address the vulnerabilities identified by the 
        assessment under subsection (a);
            (B) reflect the priorities identified by such assessment;
            (C) provide guidance for the planning, programming, 
        budgeting, and execution process in order to ensure that 
        covered acquisition programs have the necessary resources to 
        implement all appropriate elements of the strategy;
            (D) promote the use of verification tools, as appropriate, 
        for ensuring trust of commercially acquired systems;
            (E) increase use of trusted foundry services, as 
        appropriate; and
            (F) ensure sufficient oversight in implementation of the 
        plan.
    (d) Policies and Actions for Assuring Trust in Integrated 
Circuits.--Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall--
        (1) develop policy requiring that trust assurance be a high 
    priority for covered acquisition programs in all phases of the 
    electronic component supply chain and integrated circuit 
    development and production process, including design and design 
    tools, fabrication of the semiconductors, packaging, final 
    assembly, and test;
        (2) develop policy requiring that programs whose electronics 
    and information systems are determined to be vital to operational 
    readiness or mission effectiveness are to employ trusted foundry 
    services to fabricate their custom designed integrated circuits, 
    unless the Secretary specifically authorizes otherwise;
        (3) incorporate the strategies and policies of the Department 
    of Defense regarding development and use of trusted integrated 
    circuits into all relevant Department directives and instructions 
    related to the acquisition of integrated circuits and programs that 
    use such circuits; and
        (4) take actions to promote the use and development of tools 
    that verify the trust in all phases of the integrated circuit 
    development and production process of mission-critical parts 
    acquired from non-trusted sources.
    (e) Submission to Congress.--Not later than 12 months after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees--
        (1) the assessments required by subsections (a) and (b);
        (2) the strategy required by subsection (c); and
        (3) a description of the policies developed and actions taken 
    under subsection (d).
    (f) Definitions.--In this section:
        (1) The term ``covered acquisition programs'' means an 
    acquisition program of the Department of Defense that is a major 
    system for purposes of section 2302(5) of title 10, United States 
    Code.
        (2) The terms ``trust'' and ``trusted'' refer, with respect to 
    electronic and information processing systems, to the ability of 
    the Department of Defense to have confidence that the systems 
    function as intended and are free of exploitable vulnerabilities, 
    either intentionally or unintentionally designed or inserted as 
    part of the system at any time during its life cycle.
        (3) The term ``trusted foundry services'' means the program of 
    the National Security Agency and the Department of Defense, or any 
    similar program approved by the Secretary of Defense, for the 
    development and manufacture of integrated circuits for critical 
    defense systems in secure industrial environments.
    SEC. 255. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A JOINT APPROACH 
      FOR FUTURE DEVELOPMENT OF VERTICAL LIFT AIRCRAFT AND ROTORCRAFT.
    (a) Assessment Required.--The Secretary of Defense and the Chairman 
of the Joint Chiefs of Staff shall carry out a capabilities-based 
assessment that outlines a joint approach to the future development of 
vertical lift aircraft and rotorcraft for all of the Armed Forces. The 
assessment shall--
        (1) address critical technologies required for future 
    development, including a technology roadmap;
        (2) include the development of a detailed science and 
    technology investment and implementation plan and an identification 
    of the resources required to implement such plan; and
        (3) include the development of a strategic plan that--
            (A) formalizes the strategic vision of the Department of 
        Defense for the next generation of vertical lift aircraft and 
        rotorcraft;
            (B) establishes joint requirements for the next generation 
        of vertical lift aircraft and rotorcraft technology; and
            (C) emphasizes the development of common service 
        requirements.
    (b) Report.--The Secretary and the Chairman shall submit to the 
congressional defense committees a report on the assessment under 
subsection (a). The report shall include--
        (1) the technology roadmap referred to in subsection (a)(1);
        (2) the plan and the identification of resources referred to in 
    subsection (a)(2);
        (3) the strategic plan referred to in subsection (a)(3); and
        (4) a detailed plan to establish a Joint Vertical Lift 
    Aircraft/Rotorcraft Office based on lessons learned from the Joint 
    Advanced Strike Technology Office.
    SEC. 256. EXECUTIVE AGENT FOR PRINTED CIRCUIT BOARD TECHNOLOGY.
    (a) Executive Agent.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall designate a 
senior official of the Department of Defense to act as the executive 
agent for printed circuit board technology.
    (b) Roles, Responsibilities, and Authorities.--
        (1) Establishment.--Not later than one year after the date of 
    the enactment of this Act, and in accordance with Directive 5101.1, 
    the Secretary of Defense shall prescribe the roles, 
    responsibilities, and authorities of the executive agent designated 
    under subsection (a).
        (2) Specification.--The roles and responsibilities of the 
    executive agent designated under subsection (a) shall include each 
    of the following:
            (A) Development and maintenance of a printed circuit board 
        and interconnect technology roadmap that ensures that the 
        Department of Defense has access to the manufacturing 
        capabilities and technical expertise necessary to meet future 
        military requirements regarding such technology.
            (B) Development of recommended funding strategies necessary 
        to meet the requirements of the roadmap developed under 
        subparagraph (A).
            (C) Assessment of the vulnerabilities, trustworthiness, and 
        diversity of the printed circuit board supply chain, including 
        the development of trustworthiness requirements for printed 
        circuit boards used in defense systems, and to develop 
        strategies to address matters that are identified as a result 
        of such assessment.
            (D) Such other roles and responsibilities as the Secretary 
        of Defense considers appropriate.
    (c) Support Within Department of Defense.--In accordance with 
Directive 5101.1, the Secretary of Defense shall ensure that the 
military departments, Defense Agencies, and other components of the 
Department of Defense provide the executive agent designated under 
subsection (a) with the appropriate support and resources needed to 
perform the roles, responsibilities, and authorities of the executive 
agent.
    (d) Definitions.--In this section:
        (1) The term ``Directive 5101.1'' means Department of Defense 
    Directive 5101.1, or any successor directive relating to the 
    responsibilities of an executive agent of the Department of 
    Defense.
        (2) The term ``executive agent'' has the meaning given the term 
    ``DoD Executive Agent'' in Directive 5101.1.
    SEC. 257. REVIEW OF CONVENTIONAL PROMPT GLOBAL STRIKE TECHNOLOGY 
      APPLICATIONS AND CONCEPTS.
    (a) Availability of Funds for Prompt Global Strike Capability 
Development.--Notwithstanding any other provision of this Act, funds 
for conventional prompt global strike capability development are 
authorized by this Act only for those activities expressly delineated 
in the expenditure plan for fiscal years 2008 and 2009 that was 
required by section 243 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 51; 10 U.S.C. 113 note) 
and submitted to the congressional defense committees and dated March 
24, 2008, those activities for which funds are authorized to be 
appropriated in this Act, or those activities otherwise expressly 
authorized by Congress.
    (b) Report on Technology Applications.--Not later than April 1, 
2009, the Secretary of Defense shall submit to the congressional 
defense committees a report that contains--
        (1) a description of the technology applications developed 
    pursuant to conventional prompt global strike activities during 
    fiscal year 2009; and
        (2) for each such technology application, the conventional 
    prompt global strike concept towards which the application could be 
    applied.
    (c) Review of Conventional Prompt Global Strike Concepts.--The 
Secretary of Defense shall, in consultation with the Secretary of 
State, conduct a review of each nonnuclear prompt global strike concept 
with respect to which the President requests funding in the budget of 
the President for fiscal year 2010 (as submitted to Congress pursuant 
to section 1105 of title 31, United States Code).
    (d) Elements of Review.--The review required by subsection (c) 
shall include, for each concept described in that subsection, the 
following:
        (1) The full cost of demonstrating such concept.
        (2) An assessment of any policy, legal, or treaty-related 
    issues that could arise during the course of, or as a result of, 
    deployment of each concept and recommendations to address such 
    issues.
        (3) The extent to which the concept could be misconstrued as a 
    nuclear weapon or delivery system and recommendations to mitigate 
    the risk of such a misconstrual.
        (4) An assessment of the potential basing and deployment 
    options for the concept.
        (5) A description of the types of targets against which the 
    concept might be used.
        (6) An assessment of the adequacy of the intelligence that 
    would be needed to support an attack involving the concept.
    (e) Report on Conventional Prompt Global Strike Concepts.--Not 
later than September 1, 2009, the Secretary of Defense shall submit to 
the congressional defense committees a report setting forth the results 
of the review required by subsection (c).

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

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

                       Subtitle D--Energy Security

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

                           Subtitle E--Reports

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

                        Subtitle F--Other Matters

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

              Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.
    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for expenses, not otherwise provided for, for 
operation and maintenance, in amounts as follows:
        (1) For the Army, $31,251,702,000.
        (2) For the Navy, $34,850,310,000.
        (3) For the Marine Corps, $5,604,254,000.
        (4) For the Air Force, $35,454,487,000.
        (5) For Defense-wide activities, $25,948,864,000.
        (6) For the Army Reserve, $2,642,341,000.
        (7) For the Naval Reserve, $1,311,085,000.
        (8) For the Marine Corps Reserve, $213,131,000.
        (9) For the Air Force Reserve, $3,150,692,000.
        (10) For the Army National Guard, $5,893,546,000.
        (11) For the Air National Guard, $5,882,326,000.
        (12) For the United States Court of Appeals for the Armed 
    Forces, $13,254,000.
        (13) For Environmental Restoration, Army, $447,776,000.
        (14) For Environmental Restoration, Navy, $290,819,000.
        (15) For Environmental Restoration, Air Force, $496,277,000.
        (16) For Environmental Restoration, Defense-wide, $13,175,000.
        (17) For Environmental Restoration, Formerly Used Defense 
    Sites, $257,796,000.
        (18) For Overseas Humanitarian, Disaster, and Civic Aid 
    programs, $83,273,000.
        (19) For Cooperative Threat Reduction programs, $434,135,000.
        (20) For the Overseas Contingency Operations Transfer Fund, 
    $9,101,000.

                  Subtitle B--Environmental Provisions

    SEC. 311. AUTHORIZATION FOR DEPARTMENT OF DEFENSE PARTICIPATION IN 
      CONSERVATION BANKING PROGRAMS.
    (a) Participation Authorized.--Chapter 159 of title 10, United 
States Code, is amended by inserting after section 2694b the following 
new section:
``Sec. 2694c. Participation in conservation banking programs
    ``(a) Authority to Participate.--Subject to the availability of 
appropriated funds to carry out this section, the Secretary concerned, 
when engaged or proposing to engage in an activity described in 
subsection (b) that may or will result in an adverse impact to one or 
more species protected (or pending protection) under any applicable 
provision of law, or habitat for such species, may make payments to a 
conservation banking program or `in-lieu-fee' mitigation sponsor 
approved in accordance with--
        ``(1) the Federal Guidance for the Establishment, Use and 
    Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 
    1995);
        ``(2) the Guidance for the Establishment, Use, and Operation of 
    Conservation Banks (68 Fed. Reg. 24753; May 2, 2003);
        ``(3) the Federal Guidance on the Use of In-Lieu-Fee 
    Arrangements for Compensatory Mitigation Under Section 404 of the 
    Clean Water Act and Section 10 of the Rivers and Harbors Act (65 
    Fed. Reg. 66915; November 7, 2000); or
        ``(4) any successor or related administrative guidance or 
    regulation.
    ``(b) Covered Activities.--Payments to a conservation banking 
program or `in-lieu-fee' mitigation sponsor under subsection (a) may be 
made only for the purpose of facilitating one or more of the following 
activities:
        ``(1) Military testing, operations, training, or other military 
    activity.
        ``(2) Military construction.
    ``(c) Treatment of Amounts for Conservation Banking.--Payments made 
under subsection (a) to a conservation banking program or `in-lieu-fee' 
mitigation sponsor for the purpose of facilitating military 
construction may be treated as eligible costs of the military 
construction project.
    ``(d) Secretary Concerned Defined.--In this section, the term 
`Secretary concerned' means--
        ``(1) the Secretary of a military department; and
        ``(2) the Secretary of Defense with respect to a Defense 
    Agency.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2694b the following new item:

``2694c. Participation in conservation banking programs.''.

    (c) Effective Date.--Section 2694c of title 10, United States Code, 
as added by subsection (a), shall take effect on October 1, 2008, and 
only funds appropriated for fiscal years beginning after September 30, 
2008, may be used to carry out such section.
    SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR 
      CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND 
      SITE, MOSES LAKE, WASHINGTON.
    (a) Authority To Reimburse.--
        (1) Transfer amount.--Using funds described in subsection (b) 
    and notwithstanding section 2215 of title 10, United States Code, 
    the Secretary of Defense may transfer not more than $64,049.40 
    during fiscal year 2009 to the Moses Lake Wellfield Superfund Site 
    10-6J Special Account.
        (2) Purpose of reimbursement.--The payment under paragraph (1) 
    is to reimburse the Environmental Protection Agency for its costs 
    incurred in overseeing a remedial investigation/feasibility study 
    performed by the Department of the Army under the Defense 
    Environmental Restoration Program at the former Larson Air Force 
    Base, Moses Lake Superfund Site, Moses Lake, Washington.
        (3) Interagency agreement.--The reimbursement described in 
    paragraph (2) is provided for in the interagency agreement entered 
    into by the Department of the Army and the Environmental Protection 
    Agency for the Moses Lake Wellfield Superfund Site in March 1999.
    (b) Source of Funds.--Any payment under subsection (a) shall be 
made using funds authorized to be appropriated by section 301(17) for 
operation and maintenance for Environmental Restoration, Formerly Used 
Defense Sites.
    (c) Use of Funds.--The Environmental Protection Agency shall use 
the amount transferred under subsection (a) to pay costs incurred by 
the Agency at the Moses Lake Wellfield Superfund Site.
    SEC. 313. EXPAND COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF 
      NATURAL RESOURCES TO INCLUDE OFF-INSTALLATION MITIGATION.
    Section 103a(a) of the Sikes Act (16 U.S.C. 670c-1(a)) is amended--
        (1) by striking ``to provide for the'' and inserting ``to 
    provide for the following:
        ``(1) The''; and
        (2) by adding at the end the following new paragraph:
        ``(2) The maintenance and improvement of natural resources 
    located off of a Department of Defense installation if the purpose 
    of the cooperative agreement is to relieve or eliminate current or 
    anticipated challenges that could restrict, impede, or otherwise 
    interfere with, whether directly or indirectly, current or 
    anticipated military activities.''.
    SEC. 314. EXPEDITED USE OF APPROPRIATE TECHNOLOGY RELATED TO 
      UNEXPLODED ORDNANCE DETECTION.
    (a) Expedited Use of Appropriate Technologies.--The Secretary shall 
expedite the use of appropriate unexploded ordnance detection 
instrument technology developed through research funded by the 
Department of Defense or developed by entities other than the 
Department of Defense.
    (b) Report.--Not later than October 1, 2009, the Secretary shall 
submit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives a report 
describing and evaluating the following:
        (1) The amounts allocated for research, development, test, and 
    evaluation for unexploded ordnance detection technologies.
        (2) The amounts allocated for transition of new unexploded 
    ordnance detection technologies.
        (3) Activities undertaken by the Department to transition such 
    technologies and train operators on emerging detection instrument 
    technologies.
        (4) Any impediments to the transition of new unexploded 
    ordnance detection instrument technologies to regular operation in 
    remediation programs.
        (5) The transfer of such technologies to private sector 
    entities involved in the detection of unexploded ordnance.
        (6) Activities undertaken by the Department to raise public 
    awareness regarding unexploded ordnance.
    (c) Unexploded Ordnance Defined.--In this section, the term 
``unexploded ordnance'' has the meaning given such term in section 
101(e)(5) of title 10, United States Code.
    SEC. 315. CLOSED LOOP RE-REFINING OF USED MOTOR VEHICLE LUBRICATING 
      OIL.
    (a) Study and Evaluation.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
Congress a report which reviews the Department of Defense's policies 
concerning the re-use, recycling, sale, and disposal of used motor 
vehicle lubricating oil, and shall include in the report an evaluation 
of the feasibility and desirability of implementing policies to require 
re-use or recycling through closed loop re-refining of used oil as a 
means of reducing total indirect energy usage and greenhouse gas 
emissions.
    (b) Definition.--For purposes of this section, the term ``closed 
loop re-refining'' means the sale of used oil to entities that re-
refine used oil into base oil and vehicle lubricants that meet 
Department of Defense and industry standards, and the purchase of re-
refined oil produced through such re-refining process.
    SEC. 316. COMPREHENSIVE PROGRAM FOR THE ERADICATION OF THE BROWN 
      TREE SNAKE POPULATION FROM MILITARY FACILITIES IN GUAM.
    The Secretary of Defense shall establish a comprehensive program to 
control and, to the extent practicable, eradicate the brown tree snake 
population from military facilities in Guam and to ensure that military 
activities, including the transport of civilian and military personnel 
and equipment to and from Guam, do not contribute to the spread of 
brown tree snakes.

                 Subtitle C--Workplace and Depot Issues

    SEC. 321. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE 
      GOVERNMENT-WIDE DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION 
      AND CRITERIA FOR CRITICAL FUNCTIONS.
    (a) Development and Implementation.--The Director of the Office of 
Management and Budget, in consultation with appropriate representatives 
of the Chief Acquisition Officers Council under section 16A of the 
Office of Federal Procurement Policy Act (41 U.S.C. 414b) and the Chief 
Human Capital Officers Council under section 1401 of title 5, United 
States Code, shall--
        (1) review the definitions of the term ``inherently 
    governmental function'' described in subsection (b) to determine 
    whether such definitions are sufficiently focused to ensure that 
    only officers or employees of the Federal Government or members of 
    the Armed Forces perform inherently governmental functions or other 
    critical functions necessary for the mission of a Federal 
    department or agency;
        (2) develop a single consistent definition for such term that 
    would--
            (A) address any deficiencies in the existing definitions, 
        as determined pursuant to paragraph (1);
            (B) reasonably apply to all Federal departments and 
        agencies; and
            (C) ensure that the head of each such department or agency 
        is able to identify each position within that department or 
        agency that exercises an inherently governmental function and 
        should only be performed by officers or employees of the 
        Federal Government or members of the Armed Forces;
        (3) develop criteria to be used by the head of each such 
    department or agency to--
            (A) identify critical functions with respect to the unique 
        missions and structure of that department or agency; and
            (B) identify each position within that department or agency 
        that, while the position may not exercise an inherently 
        governmental function, nevertheless should only be performed by 
        officers or employees of the Federal Government or members of 
        the Armed Forces to ensure the department or agency maintains 
        control of its mission and operations;
        (4) in addition to the actions described under paragraphs (1), 
    (2), and (3), provide criteria that would identify positions within 
    Federal departments and agencies that are to be performed by 
    officers or employees of the Federal Government or members of the 
    Armed Forces to ensure that the head of each Federal department or 
    agency--
            (A) develops and maintains sufficient organic expertise and 
        technical capability;
            (B) develops guidance to implement the definition of 
        inherently governmental as described in paragraph (2) and the 
        criteria for critical functions as described in paragraph (3) 
        in a manner that is consistent with agency missions and 
        operational goals; and
            (C) develops guidance to manage internal decisions 
        regarding staffing in an integrated manner to ensure officers 
        or employees of the Federal Government or members of the Armed 
        Forces are filling critical management roles by identifying--
                (i) functions, activities, or positions, or some 
            combination thereof, or
                (ii) additional mechanisms and factors, including the 
            management or oversight of awarded contracts, statutory 
            mandates, and international obligations; and
        (5) solicit the views of the public regarding the matters 
    identified in this section.
    (b) Definitions of Inherently Governmental Function.--The 
definitions of inherently governmental function described in this 
subsection are the definitions of such term that are contained in--
        (1) the Federal Activities Inventory Reform Act of 1998 (Public 
    Law 105-270; 31 U.S.C. 501 note);
        (2) section 2383 of title 10, United States Code;
        (3) Office of Management and Budget Circular A-76;
        (4) the Federal Acquisition Regulation; and
        (5) any other relevant Federal law or regulation, as determined 
    by the Director of the Office of Management and Budget in 
    consultation with the Chief Acquisition Officers Council and the 
    Chief Human Capital Officers Council.
    (c) Report to Congress.--Not later than one year after the date of 
the enactment of this Act, the Director of the Office of Management and 
Budget, in consultation with the Chief Acquisition Officers Council and 
the Chief Human Capital Officers Council, shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs in the Senate, and the Committee on Oversight and Government 
Reform of the House of Representatives a report on the actions taken by 
the Director under this section. Such report shall contain each of the 
following:
        (1) A description of the actions taken by the Director under 
    this section to develop a single definition of inherently 
    governmental function and criteria for critical functions.
        (2) Such legislative recommendations as the Director determines 
    are necessary to further the purposes of this section.
        (3) A description of such steps as may be necessary--
            (A) to ensure that the single definition and criteria 
        developed under this section are consistently applied through 
        all Federal regulations, circulars, policy letters, agency 
        guidance, and other documents;
            (B) to repeal any existing Federal regulations, circular, 
        policy letters, agency guidance and other documents determined 
        to be superseded by the definition and criteria developed under 
        this section; and
            (C) to develop any necessary implementing guidance under 
        this section for agency staffing and contracting decisions, 
        along with appropriate milestones.
    (d) Regulations.--Not later than 180 days after submission of the 
report required by subsection (c), the Director of the Office of 
Management and Budget shall issue regulations to implement actions 
taken under this section to develop a single definition of inherently 
governmental function and criteria for critical functions.
    SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY.
    (a) Study Required.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Defense shall enter into a 
contract with an independent research entity that is a not-for-profit 
entity or a federally-funded research and development center with 
appropriate expertise in logistics and logistics analytical capability 
to carry out a study on the capability and efficiency of the depots of 
the Department of Defense to provide the logistics capabilities and 
capacity necessary for national defense.
    (b) Contents of Study.--The study carried out under subsection (a) 
shall--
        (1) be a quantitative analysis of the post-reset Department of 
    Defense depot capability required to provide life cycle sustainment 
    of military legacy systems and new systems and military equipment;
        (2) take into consideration direct input from the Secretary of 
    Defense and the logistics and acquisition leadership of the 
    military departments, including materiel support and depot 
    commanders;
        (3) take into consideration input from regular and reserve 
    components of the Armed Forces, both with respect to requirements 
    for sustainment-level maintenance and the capability and capacity 
    to perform depot-level maintenance and repair;
        (4) identify and address each type of activity carried out at 
    depots, installation directorates of logistics, regional 
    sustainment-level maintenance sites, reserve component maintenance 
    capability sites, theater equipment support centers, and Army field 
    support brigade capabilities;
        (5) examine relevant guidance provided and regulations 
    prescribed by the Secretary of Defense and the Secretary of each of 
    the military departments, including with respect to programming and 
    budgeting and the annual budget displays provided to Congress; and
        (6) examine any relevant applicable laws, including the 
    relevant body of work performed by the Government Accountability 
    Office.
    (c) Issues to Be Addressed.--The study required under subsection 
(a) shall address each of the following issues with respect to depots 
and depot capabilities:
        (1) The life cycle sustainment maintenance strategies and 
    implementation plans of the Department of Defense and the military 
    departments that cover--
            (A) the role of each type of maintenance activity;
            (B) business operations;
            (C) workload projection;
            (D) outcome-based performance management objectives;
            (E) the adequacy of information technology systems, 
        including workload management systems;
            (F) the workforce, including skills required and 
        development;
            (G) budget and fiscal planning policies; and
            (H) capital investment strategies, including the 
        implementation of section 2476 of title 10, United States Code.
        (2) Current and future maintenance environments, including--
            (A) performance-based logistics;
            (B) supply chain management;
            (C) condition-based maintenance;
            (D) reliability-based maintenance;
            (E) consolidation and centralization, including--
                (i) regionalization;
                (ii) two-level maintenance; and
                (iii) forward-based depot capacity;
            (F) public-private partnerships;
            (G) private-sector depot capability and capacity; and
            (H) the impact of proprietary technical documentation.
        (3) The adequate visibility of the maintenance workload of each 
    military department in reports submitted to Congress, including--
            (A) whether the depot budget lines in current budget 
        displays accurately reflect depot level workloads;
            (B) the accuracy of core and 50/50 calculations;
            (C) the usefulness of current reporting requirements to the 
        oversight function of senior military and congressional 
        leaders; and
            (D) whether current budgetary guidelines provide sufficient 
        financial flexibility during the year of execution to permit 
        the heads of the military departments to make best-value 
        decisions between maintenance activities.
        (4) Such other information as determined relevant by the entity 
    carrying out the study.
    (d) Availability of Information.--The Secretary of Defense and the 
Secretaries of each of the military departments shall make available to 
the entity carrying out the study under subsection (a) all necessary 
and relevant information to allow the entity to conduct the study in a 
quantitative and analytical manner.
    (e) Reports to Committees on Armed Services.--
        (1) Interim report.--The contract that the Secretary enters 
    into under subsection (a) shall provide that not later than one 
    year after the commencement of the study conducted under this 
    section, the chief executive officer of the entity that carries out 
    the study pursuant to the contract shall submit to the Committees 
    on Armed Services of the Senate and House of Representatives an 
    interim report on the study.
        (2) Final report.--Such contract shall provide that not later 
    than 22 months after the date on which the Secretary of Defense 
    enters into the contract under subsection (a), the chief executive 
    officer of the entity that carries out the study pursuant to the 
    contract shall submit to the Committees on Armed Services of the 
    Senate and House of Representatives a final report on the study. 
    The report shall include each of the following:
            (A) A description of the depot maintenance environment, as 
        of the date of the conclusion of the study, and the anticipated 
        future environment, together with the quantitative data used in 
        conducting the assessment of such environments under the study.
            (B) Recommendations with respect to what would be required 
        to maintain, in a post-reset environment, an efficient and 
        enduring Department of Defense depot capability necessary for 
        national defense.
            (C) Recommendations with respect to any changes to any 
        applicable law that would be appropriate for a post-reset depot 
        maintenance environment.
            (D) Recommendations with respect to the methodology of the 
        Department of Defense for determining core logistics 
        requirements, including an assessment of risk.
            (E) Proposed business rules that would provide incentives 
        for the Secretary of Defense and the Secretaries of the 
        military departments to keep Department of Defense depots 
        efficient and cost effective, including the workload level 
        required for efficiency.
            (F) A proposed strategy for enabling, requiring, and 
        monitoring the ability of the Department of Defense depots to 
        produce performance-driven outcomes and meet materiel readiness 
        goals with respect to availability, reliability, total 
        ownership cost, and repair cycle time.
            (G) Comments provided by the Secretary of Defense and the 
        Secretaries of the military departments on the findings and 
        recommendations of the study.
    (f) Comptroller General Review.--Not later than 90 days after the 
date on which the report under subsection (e)(2) is submitted, the 
Comptroller General shall review the report and submit to the 
Committees on Armed Services of the Senate and House of Representatives 
an assessment of the feasibility of the recommendations and whether the 
findings are supported by the data and information examined.
    (g) Definitions.--In this section:
        (1) The term ``depot-level maintenance and repair'' has the 
    meaning given that term under section 2460 of title 10, United 
    States Code.
        (2) The term ``reset'' means actions taken to repair, enhance, 
    or replace military equipment used in support of operations 
    underway as of the date of the enactment of this Act and associated 
    sustainment.
        (3) The term ``military equipment'' includes all weapon 
    systems, weapon platforms, vehicles and munitions of the Department 
    of Defense, and the components of such items.
    SEC. 323. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF HIGH-
      PERFORMING ORGANIZATIONS.
    Not later than 120 days after the date of the enactment of this 
Act, the Comptroller General shall submit to the congressional defense 
committees a review on the high-performing organization initiatives of 
the Department of Defense. The review shall include each of the 
following for each such initiative reviewed:
        (1) Any policies or guidance developed to implement the 
    initiative.
        (2) Whether the initiative was undertaken pursuant to the pilot 
    project under section 337 of the National Defense Authorization Act 
    for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 113 note) or 
    under Office of Management and Budget Circular A-76.
        (3) The cost of development and implementation of the 
    initiative.
        (4) Any cost savings and overall financial improvements 
    promised or realized by reason of the initiative and an analysis of 
    how such savings or improvements were calculated.
        (5) Whether criteria were developed to measure the performance, 
    efficiency, and effectiveness improvements of the initiative.
        (6) The effect of the initiative on the workforce, including 
    any relocations, change in collective bargaining status, or 
    reductions in force that may have resulted.
        (7) Whether and to what extent employees and their 
    representatives were consulted in the development and 
    implementation of the initiative.
    SEC. 324. CONSOLIDATION OF AIR FORCE AND AIR NATIONAL GUARD 
      AIRCRAFT MAINTENANCE.
    (a) Restriction on Implementation of Consolidation.--The Secretary 
of the Air Force shall not implement the consolidation of aircraft 
repair facilities and personnel of the active Air Force with aircraft 
repair facilities and personnel of the Air National Guard or the 
consolidation of aircraft repair facilities and personnel of the Air 
National Guard with aircraft repair facilities and personnel of the 
active Air Force unless and until the Secretary of the Air Force 
submits the reports required by (b) and (c), the Chief of the National 
Guard Bureau submits the assessment required by subsection (d), and the 
Secretary of Defense submits the certification required by subsection 
(e).
    (b) Report on Criteria.--Not later than 30 days after the date of 
the enactment of this Act, the Secretary of the Air Force shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a report stating all the criteria being used by the 
Department of the Air Force and the Rand Corporation to evaluate the 
feasibility of consolidating Air Force maintenance functions into 
organizations that would integrate active, Guard, and Reserve 
components into a total-force approach. The report shall include the 
assumptions that were provided to or developed by the Rand Corporation 
for their study of the feasibility of the consolidation proposal.
    (c) Report on Feasibility Study.--At least 90 days before any 
consolidation of aircraft repair facilities and personnel of the active 
Air Force with aircraft repair facilities and personnel of the Air 
National Guard, the Secretary of the Air Force shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report on the findings of the Rand Corporation feasibility study and 
the Rand Corporation's recommendations, the Air Force's assessment of 
the findings and recommendations, any plans developed for 
implementation of the consolidation, and a delineation of all 
infrastructure costs anticipated as a result of implementation.
    (d) Assessment by Chief of the National Guard Bureau.--Not later 
than 30 days after the date on which the report required by subsection 
(c) is submitted, the Chief of the National Guard Bureau shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a written assessment of--
        (1) the proposed actions to consolidate aircraft repair 
    facilities and personnel of the active Air Force with aircraft 
    repair facilities and personnel of the Air National Guard by the 
    Secretary of the Air Force; and
        (2) the information included in the report required by 
    subsection (c).
    (e) Certification by the Secretary of Defense.--After the Secretary 
of the Air Force submits the reports required by subsections (b) and 
(c), and before any consolidation of aircraft repair facilities and 
personnel of the active Air Force with aircraft repair facilities and 
personnel of the Air National Guard by the Secretary of the Air Force, 
the Secretary of Defense shall certify that such consolidation is in 
the national interest and will not adversely affect recruitment, 
retention, or execution of the Air National Guard mission in the 
individual States.
    SEC. 325. REPORT ON AIR FORCE CIVILIAN PERSONNEL CONSOLIDATION 
      PLAN.
    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a report on the Air Force plan for implementing the 
direction of the Base Realignment and Closure Commission for the 
consolidation of transactional workloads from the civilian personnel 
offices within the service components and defense agencies, retaining 
sufficient positions and personnel at the large civilian centers to 
perform the personnel management advisory services, including non-
transactional functions, necessary to support the civilian workforce.
    (b) Contents of Report.--At a minimum, the report required by 
subsection (a) shall address the steps taken by the Air Force to ensure 
that such direction is implemented in a manner that best meets the 
future needs of the Air Force, and shall address each of the following:
        (1) The anticipated positive or negative effect on the 
    productivity and mission accomplishment of the managed workforces 
    at the different commands.
        (2) The potential future efficiencies to be achieved through an 
    enterprise-wide transformation of civilian personnel services.
        (3) The size and complexity of the civilian workforce.
        (4) The extent to which mission accomplishment is dependent 
    upon the productivity of the civilian workforce.
        (5) Input from the commanders of the large civilian centers 
    regarding the effect of consolidation on workforce productivity and 
    costs.
        (6) The status of ongoing consolidation efforts at the Air 
    Force Personnel Center at Randolph Air Force Base, Texas, and the 
    target timelines for delivery of services to the various 
    installations.
        (7) The advantages and disadvantages of retaining certain 
    personnel management and advisory services functions at the large 
    civilian centers under local command authority to include on-site 
    control of staffing of positions filled through internal or 
    external recruitment processes, employee management relations, 
    labor force planning and management, and managing workers 
    compensation programs.
        (8) The standards and timeliness for transitioning the 
    personnel classifications currently performed by large civilian 
    centers, the transition plan, particularly as it assures ready 
    access to classifications needed for staffing and other purposes by 
    the large civilian centers, and the expected performance and 
    evaluation standards for providing classification services to the 
    large civilian centers once the transition is complete.
    (c) Updates of Report.--The Secretary of the Air Force shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives biannual updates of the report required under 
subsection (a) until January 3, 2012.
    SEC. 326. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON AIR 
      FORCE BASES.
    To ensure that the Air Force is meeting the minimum safety 
standards for staffing, equipment, and training, as required by 
Department of Defense Installation and Environment Instruction 6055.6, 
the Secretary of the Air Force shall submit to Congress, by not later 
than 90 days after the date of the enactment of this Act, a report on 
the effects of the reduction in the number of fire fighters on Air 
Force bases during the three fiscal years preceding the fiscal year in 
which the report is submitted. Such report shall include each of the 
following:
        (1) An evaluation of current fire fighting capability of the 
    Air Force and whether the reduction in the number of fire fighters 
    on Air Force bases has increased the risk of harm to either fire 
    fighters or those they may serve in response to an emergency.
        (2) An evaluation of whether adequate capability exists in the 
    municipal communities surrounding the Air Force bases covered by 
    the report to support a base aircraft rescue or to respond to a 
    fire involving a combat aircraft, cargo aircraft, or weapon system.
        (3) An evaluation of the effects that the reductions in fire 
    fighting personnel or functions have had on the certifications of 
    Air Force base fire departments.
        (4) If the Secretary determines that reductions in the number 
    of fire fighting personnel during the fiscal years covered by the 
    report have negatively affected the ability of fire fighters on Air 
    Forces bases to perform their missions, a plan to restore the fire 
    fighting personnel needed to adequately support such missions.
    SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.
    (a) Additional Army Depots.--Subsection (e)(1) of section 2476 of 
title 10, United States Code, is amended by adding at the end the 
following new subparagraphs:
            ``(F) Watervliet Arsenal, New York.
            ``(G) Rock Island Arsenal, Illinois.
            ``(H) Pine Bluff Arsenal, Arkansas.''.
    (b) Separate Consideration and Reporting of Navy Depots and Marine 
Corps Depots.--Such section is further amended--
        (1) in subsection (d)(2), by adding at the end the following 
    new subparagraph:
        ``(D) Separate consideration and reporting of Navy Depots and 
    Marine Corps depots.''; and
        (2) in subsection (e)(2)--
            (A) by redesignating subparagraphs (A) through (G) as 
        clauses (i) through (vii), respectively, and indenting the 
        margins of such clauses, as so redesignated, 6 ems from the 
        left margin;
            (B) by inserting after ``Department of the Navy:'' the 
        following:
            ``(A) The following Navy depots:'';
            (C) by inserting after clause (vii), as redesignated by 
        subparagraph (A), the following:
            ``(B) The following Marine Corps depots:''; and
            (D) by redesignating subparagraphs (H) and (I) as clauses 
        (i) and (ii), respectively, and indenting the margins of such 
        clauses, as so redesignated, 6 ems from the left margin.

                      Subtitle D--Energy Security

    SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY MANAGEMENT AND 
      IMPLEMENTATION OF OPERATIONAL ENERGY STRATEGY.
    (a) Report Required.--Section 2925 of title 10, United States Code, 
is amended by striking subsection (b) and inserting the following new 
subsection:
    ``(b) Annual Report Related to Operational Energy.--(1) 
Simultaneous with the annual report required by subsection (a), the 
Secretary of Defense, acting through the Director of Operational Energy 
Plans and Programs, shall submit to the congressional defense 
committees a report on operational energy management and the 
implementation of the operational energy strategy established pursuant 
to section 139b of this title.
    ``(2) The annual report under this subsection shall address and 
include the following:
        ``(A) Statistical information on operational energy demands, in 
    terms of expenditures and consumption, for the preceding five 
    fiscal years, including funding made available in regular defense 
    appropriations Acts and any supplemental appropriation Acts.
        ``(B) An estimate of operational energy demands for the current 
    fiscal year and next fiscal year, including funding requested to 
    meet operational energy demands in the budget submitted to Congress 
    under section 1105 of title 31 and in any supplemental requests.
        ``(C) A description of each initiative related to the 
    operational energy strategy and a summary of funds appropriated for 
    each initiative in the previous fiscal year and current fiscal year 
    and requested for each initiative for the next five fiscal years.
        ``(D) An evaluation of progress made by the Department of 
    Defense--
            ``(i) in implementing the operational energy strategy, 
        including the progress of key initiatives and technology 
        investments related to operational energy demand and 
        management; and
            ``(ii) in meeting the operational energy goals set forth in 
        the strategy.
        ``(E) Such recommendations as the Director considers 
    appropriate for additional changes in organization or authority 
    within the Department of Defense to enable further implementation 
    of the energy strategy and such other comments and recommendations 
    as the Director considers appropriate.
    ``(3) If a report under this subsection is submitted in a 
classified form, the Secretary shall concurrently submit to the 
congressional defense committees an unclassified version of the 
information required by this subsection.
    ``(4) In this subsection, the term `operational energy' means the 
energy required for training, moving, and sustaining military forces 
and weapons platforms for military operations. The term includes energy 
used by tactical power systems and generators and weapons platforms.''.
    (b) Clerical Amendments.--
        (1) Section heading.--The heading of such section is amended to 
    read as follows:
``Sec. 2925. Annual Department of Defense energy management reports''.
        (2) Table of sections.--The table of sections at the beginning 
    of subchapter III of chapter 173 of such title is amended by 
    striking the item relating to section 2925 and inserting the 
    following new item:

``2925. Annual Department of Defense energy management reports.''.
    SEC. 332. CONSIDERATION OF FUEL LOGISTICS SUPPORT REQUIREMENTS IN 
      PLANNING, REQUIREMENTS DEVELOPMENT, AND ACQUISITION PROCESSES.
    (a) Planning.--In the case of analyses and force planning processes 
that are used to establish capability requirements and inform 
acquisition decisions, the Secretary of Defense shall require that 
analyses and force planning processes consider the requirements for, 
and vulnerability of, fuel logistics.
    (b) Capability Requirements Development Process.--The Secretary of 
Defense shall develop and implement a methodology to enable the 
implementation of a fuel efficiency key performance parameter in the 
requirements development process for the modification of existing or 
development of new fuel consuming systems.
    (c) Acquisition Process.--The Secretary of Defense shall require 
that the life-cycle cost analysis for new capabilities include the 
fully burdened cost of fuel during analysis of alternatives and 
evaluation of alternatives and acquisition program design trades.
    (d) Implementation Plan.--The Secretary of Defense shall prepare a 
plan for implementing the requirements of this section. The plan shall 
be completed not later than 180 days after the date of the enactment of 
this Act and provide for the implementation of the requirements by not 
later than three years after the date of the enactment of this Act.
    (e) Progress Report.--Not later than two years after the date of 
the enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report describing progress made to 
implement the requirements of this section, including an assessment of 
whether the implementation plan required by section (d) is being 
carried out on schedule.
    (f) Notification of Compliance.--As soon as practicable during the 
three-year period beginning on the date of the enactment of this Act, 
the Secretary of Defense shall notify the congressional defense 
committees that the Secretary has complied with the requirements of 
this section. If the Secretary is unable to provide the notification, 
the Secretary shall submit to the congressional defense committees at 
the end of the three-year period a report containing--
        (1) an explanation of the reasons why the requirements, or 
    portions of the requirements, have not been implemented; and
        (2) a revised plan under subsection (d) to complete 
    implementation or a rationale regarding why portions of the 
    requirements cannot or should not be implemented.
    (g) Fully Burdened Cost of Fuel Defined.--In this section, the term 
``fully burdened cost of fuel'' means the commodity price for fuel plus 
the total cost of all personnel and assets required to move and, when 
necessary, protect the fuel from the point at which the fuel is 
received from the commercial supplier to the point of use.
    SEC. 333. STUDY ON SOLAR AND WIND ENERGY FOR USE FOR EXPEDITIONARY 
      FORCES.
    (a) Study Required.--The Secretary of Defense shall conduct a study 
to examine the feasibility of using solar and wind energy to provide 
electricity for expeditionary forces.
    (b) Matters Examined.--In conducting the study required by 
subsection (a), the Secretary shall examine, at a minimum, each of the 
following:
        (1) The potential for solar and wind energy to reduce the fuel 
    supply needed to provide electricity for expeditionary forces and 
    the extent to which such reduction will decrease the risk of 
    casualties by reducing the number of convoys needed to supply fuel 
    to forward operating locations.
        (2) The cost of using solar and wind energy to provide 
    electricity.
        (3) The potential savings of using solar and wind energy to 
    provide electricity compared to current methods.
        (4) The environmental benefits of using solar and wind energy 
    to provide electricity instead of the current methods.
        (5) The sustainability and operating requirements of solar and 
    wind energy systems for providing electricity compared to current 
    methods.
        (6) Potential opportunities for experimenting with the use of 
    deployable solar and wind energy systems in current training 
    environments, including remote areas of training ranges.
    (c) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report on the results of the study required by 
subsection (a).
    SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS.
    (a) Study Required.--The Secretary of Defense shall conduct a study 
on alternatives to reduce the life cycle emissions of alternative and 
synthetic fuels (including coal-to-liquid fuels).
    (b) Matters Examined.--The study shall examine, at a minimum, the 
following:
        (1) The potential clean energy alternatives for powering the 
    conversion processes, including nuclear, solar, and wind energies.
        (2) The alternatives for reducing carbon emissions during the 
    conversion processes.
        (3) The military utility of domestically-produced alternative 
    and synthetic fuels for military operations and for use by 
    expeditionary forces compared with the military utility and life 
    cycle emissions of mobile, in-theater synthetic fuel processes.
        (4) The goals and progress of the military departments related 
    to the research, testing, and certification for use of alternative 
    or synthetic fuels in military vehicles and aircraft.
        (5) An analysis of trends, levels of investment, and the 
    development of refining capacity in the alternative or synthetic 
    fuel industry capable of meeting fuel requirements for the 
    Department of Defense.
    (c) Use of Federally Funded Research and Development Center.--The 
Secretary of Defense shall select a federally funded research and 
development center to perform the study required by subsection (a).
    (d) Report.--Not later than March 1, 2009, the federally funded 
research and development center shall submit to the congressional 
defense committees and the Secretary of Defense a report on the results 
of the study required by subsection (a).
    SEC. 335. MITIGATION OF POWER OUTAGE RISKS FOR DEPARTMENT OF 
      DEFENSE FACILITIES AND ACTIVITIES.
    (a) Risk Assessment.--The Secretary of Defense shall conduct a 
comprehensive technical and operational risk assessment of the risks 
posed to mission critical installations, facilities, and activities of 
the Department of Defense by extended power outages resulting from 
failure of the commercial electricity supply or grid and related 
infrastructure.
    (b) Risk Mitigation Plans.--
        (1) In general.--The Secretary of Defense shall develop 
    integrated prioritized plans to eliminate, reduce, or mitigate 
    significant risks identified in the risk assessment under 
    subsection (a).
        (2) Additional considerations.--In developing the risk 
    mitigation plans under paragraph (1), the Secretary of Defense 
    shall--
            (A) prioritize the mission critical installations, 
        facilities, and activities that are subject to the greatest and 
        most urgent risks; and
            (B) consider the cost effectiveness of risk mitigation 
        options.
    (c) Annual Report.--
        (1) In general.--The Secretary of Defense shall submit a report 
    on the efforts of the Department of Defense to mitigate the risks 
    described in subsection (a) as part of the budget justification 
    materials submitted to Congress in support of the Department of 
    Defense budget for fiscal year 2010 and each fiscal year thereafter 
    (as submitted with the budget of the President under section 
    1105(a) of title 31, United States Code).
        (2) Content.--Each report submitted under paragraph (1) shall 
    describe the integrated prioritized plans developed under 
    subsection (b) and the progress made toward achieving the goals 
    established under such subsection.

                          Subtitle E--Reports

    SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS OF ARMED FORCES.
    (a) Report Required.--
        (1) In general.--Not later than June 1, 2009, the Comptroller 
    General shall submit to the Committees on Armed Services of the 
    Senate and House of Representatives a report on the readiness of 
    the regular and reserve components of the Armed Forces. The report 
    shall be unclassified but may contain a classified annex.
        (2) One or more reports.--In complying with the requirements of 
    this section, the Comptroller General may submit a single report 
    addressing all the elements specified in subsection (b) or two or 
    more reports addressing any combination of such elements.
    (b) Elements.--The elements specified in this subsection are the 
following:
        (1) An analysis of the readiness status, as of the date of the 
    enactment of this Act, of the regular and reserve components of the 
    Army and the Marine Corps, including any significant changes in any 
    trends with respect to such components since 2001.
        (2) An analysis of the readiness status, as of such date, of 
    the regular and reserve components of the Air Force and the Navy, 
    including a description of any major factors that affect the 
    ability of the Navy or Air Force to provide trained and ready 
    forces for ongoing operations and to meet overall readiness goals.
        (3) An analysis of the efforts of the Secretary of each 
    military department to address any major factors affecting the 
    readiness of the regular and reserve components under the 
    jurisdiction of that Secretary.
    SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS OF NAVY AND AIR 
      FORCE PERSONNEL.
    (a) Report Required.--At the same time as the budget for fiscal 
year 2010 is submitted to Congress under section 1105(a) of title 31, 
United States Code, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report on--
        (1) the plans of the Secretary of the Navy to improve the 
    combat skills of the members of the Navy; and
        (2) the plans of the Secretary of the Air Force to improve the 
    combat skills of the members of the Air Force.
    (b) Elements of Report.--The report required under subsection (a) 
shall include each of the following:
        (1) The criteria that the Secretary of the Air Force and the 
    Secretary of the Navy use to select permanent sites for their 
    Common Battlefield Airmen Training and Expeditionary Combat Skills 
    courses.
        (2) An identification of the extent to which the Secretary of 
    the Navy and Secretary of the Air Force coordinated with each other 
    and with the Secretary of the Army and the Commandant of the Marine 
    Corps with respect to their plans to expand combat skills training 
    for members of the Navy and Air Force, respectively, together with 
    a complete list of bases or locations that were considered as 
    possible sites for the coordinated training.
        (3) The estimated implementation and sustainment costs for the 
    Air Force Common Battlefield Airmen Training and Navy Expeditionary 
    Combat Skills courses.
        (4) The estimated cost savings, if any, which could result by 
    carrying out such combat skills training at existing Department of 
    Defense facilities or by using existing ground combat training 
    resources.
    SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE OF THE ARMY RESERVE 
      AND NATIONAL GUARD AS AN OPERATIONAL RESERVE.
    (a) Report Required.--Not later than June 1, 2009, the Comptroller 
General shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the use of the Army Reserve 
and Army National Guard forces as an operational reserve.
    (b) Elements.--The report required by subsection (a) shall include 
a description of current and programmed resources, force structure, and 
organizational challenges that the Army Reserve and Army National Guard 
forces may face serving as an operational reserve, including--
        (1) force structure;
        (2) manning;
        (3) equipment availability, maintenance, and logistics issues;
        (4) training constraints limiting access to--
            (A) facilities and ranges, including the Combat Training 
        Centers; and
            (B) military schools and skill training; and
        (5) any conflicts with requirements under title 32, United 
    States Code.
    SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BETWEEN PREPARATION 
      AND USE OF ARMY RESERVE COMPONENT FORCES TO SUPPORT ONGOING 
      OPERATIONS.
    (a) Report Required.--Not later than June 1, 2009, the Comptroller 
General shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the correlation between the 
preparation and operational use of the Army's reserve component forces.
    (b) Elements.--The report required by subsection (a) shall 
include--
        (1) an analysis of the Army's training relative to the 
    employment of reserve component units--
            (A) to execute the wartime or primary missions of the Army 
        for which the units are designed; and
            (B) to execute missions to which such units are assigned, 
        as of the date of the enactment of this Act, in support of 
        ongoing operations in Iraq and Afghanistan, including factors 
        affecting unit or individual preparation, the effect of 
        notification timelines, and access to training facilities, 
        including the Combat Training Centers;
        (2) an analysis of the effect of mobilization and deployment 
    laws, regulations, goals, and policies on the Army's ability to 
    train and employ reserve component units for the purposes described 
    in paragraph (1); and
        (3) any other information that the Comptroller General 
    determines is relevant.
    SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY OF FUNDING, 
      STAFFING, AND ORGANIZATION OF DEPARTMENT OF DEFENSE MILITARY 
      MUNITIONS RESPONSE PROGRAM.
    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report on the adequacy of the funding, staffing, and organization of 
the Military Munitions Response Program of the Department of Defense.
    (b) Elements.--The report required by subsection (a) shall 
include--
        (1) an analysis of the funding, staffing, and organization of 
    the Military Munitions Response Program; and
        (2) an assessment of the Program mechanisms for the 
    accountability, reporting, and monitoring of the progress of 
    munitions response projects and methods to reduce the length of 
    time of such projects.

                       Subtitle F--Other Matters

    SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN REPORTING 
      REQUIREMENT.
    Section 2222(i) of title 10, United States Code, is amended by 
striking ``2009'' and inserting ``2013''.
    SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EXCHANGED 
      DOCUMENTS, HISTORICAL ARTIFACTS, AND CONDEMNED OR OBSOLETE COMBAT 
      MATERIEL.
    Section 2572(d) of title 10, United States Code, is amended--
        (1) in paragraph (1), by adding at the end the following new 
    sentence: ``The Secretary concerned shall ensure that an item 
    authorized to be donated under this section is demilitarized in the 
    interest of public safety, as determined necessary by the Secretary 
    or the Secretary's delegee.''; and
        (2) in paragraph (2)(A), by inserting before the period at the 
    end the following: ``, including any expense associated with 
    demilitarizing an item under paragraph (1), for which the recipient 
    of the item shall be responsible''.
    SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF AIR FORCE PROVIDE 
      TRAINING AND SUPPORT TO OTHER MILITARY DEPARTMENTS FOR A-10 
      AIRCRAFT.
    (a) Repeal.--Chapter 901 of title 10, United States Code, is 
amended by striking section 9316.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by striking the item relating to section 9316.
    SEC. 354. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR AIR SOVEREIGNTY 
      ALERT MISSION.
    (a) Submission With Annual Budget Justification Documents.--For 
fiscal year 2010 and each subsequent fiscal year, the Secretary of 
Defense shall submit to the President, for consideration by the 
President for inclusion with the budget materials submitted to Congress 
under section 1105(a) of title 31, United States Code, a consolidated 
budget justification display that covers all programs and activities of 
the Air Sovereignty Alert mission of the Air Force.
    (b) Requirements for Budget Display.--The budget display under 
subsection (a) for a fiscal year shall include for such fiscal year the 
following:
        (1) The funding requirements for the Air Sovereignty Alert 
    mission, and the associated Command and Control mission, including 
    such requirements for--
            (A) military personnel costs;
            (B) flying hours; and
            (C) any other associated mission costs.
        (2) The amount in the budget for the Air Force for each of the 
    items referred to in paragraph (1).
        (3) The amount in the budget for the Air National Guard for 
    each such item.
    SEC. 355. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED.
    (a) Revision Required.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of the Air Force shall revise 
the Air Freight Transportation Regulation Number 5, dated January 15, 
1999, to conform with Defense Transportation Regulations to ensure that 
freight covered by Air Freight Transportation Regulation Number 5 is 
carried in accordance with commercial best practices that are based 
upon a mode-neutral approach.
    (b) Mode-Neutral Approach Defined.--For purposes of this section, 
the term ``mode-neutral approach'' means a method of shipment that 
allows a shipper to choose a carrier with a time-definite performance 
standard for delivery without specifying a particular mode of 
conveyance and allows the carrier to select the mode of conveyance 
using best commercial practices as long as the mode of conveyance can 
reasonably be expected to ensure the time-definite delivery requested 
by the shipper.
    SEC. 356. TRANSFER OF C-12 AIRCRAFT TO CALIFORNIA DEPARTMENT OF 
      FORESTRY AND FIRE PROTECTION.
    (a) Authority.--The Secretary of the Army may convey to the 
California Department of Forestry and Fire Protection (hereinafter in 
this section referred to as ``CAL FIRE'') all right, title, and 
interest of the United States in three C-12 aircraft that the Secretary 
has determined are surplus to need.
    (b) Conveyance at No Cost to the United States.--The conveyance of 
an aircraft authorized by this section shall be made at no cost to the 
United States. Any costs associated with such conveyance, costs of 
determining compliance with terms of the conveyance, and costs of 
operation and maintenance of the aircraft conveyed shall be borne by 
CAL FIRE.
    SEC. 357. LIMITATION ON TREATMENT OF RETIRED B-52 AIRCRAFT FOR AIR 
      COMBAT COMMAND HEADQUARTERS.
    Section 131(a)(4) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2111), as 
amended by section 137(a)(2) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 32), is further 
amended by striking ``may use not more than 2 such aircraft for 
maintenance ground training'' and inserting ``may use not more than 4 
such aircraft for maintenance ground training''.
    SEC. 358. INCREASE OF DOMESTIC BREEDING OF MILITARY WORKING DOGS 
      USED BY THE DEPARTMENT OF DEFENSE.
    (a) Increased Capacity.--The Secretary of Defense, acting through 
the Executive Agent for Military Working Dogs (hereinafter in this 
section referred to as the ``Executive Agent''), shall--
        (1) identify the number of military working dogs required to 
    fulfill the various missions of the Department of Defense for which 
    such dogs are used, including force protection, facility and check 
    point security, and explosives and drug detection;
        (2) take such steps as are practicable to ensure an adequate 
    number of military working dog teams are available to meet and 
    sustain the mission requirements identified in paragraph (1);
        (3) ensure that the Department's needs and performance 
    standards with respect to military working dogs are readily 
    available to dog breeders and trainers; and
        (4) coordinate with other Federal, State, or local agencies, 
    nonprofit organizations, universities, or private sector entities, 
    as appropriate, to increase the training capacity for military 
    working dog teams.
    (b) Military Working Dog Procurement.--The Secretary, acting 
through the Executive Agent shall work to ensure that military working 
dogs are procured as efficiently as possible and at the best value to 
the Government, while maintaining the necessary level of quality and 
encouraging increased domestic breeding.
    (c) Military Working Dog Defined.--For purposes of this section, 
the term ``military working dog'' means a dog used in any official 
military capacity, as defined by the Secretary of Defense.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                       Subtitle A--Active Forces

    SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2009, as follows:
        (1) The Army, 532,400.
        (2) The Navy, 326,323.
        (3) The Marine Corps, 194,000.
        (4) The Air Force, 317,050.
    SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
      LEVELS.
    Section 691(b) of title 10, United States Code, is amended by 
striking paragraphs (1) through (4) and inserting the following new 
paragraphs:
        ``(1) For the Army, 532,400.
        ``(2) For the Navy, 325,300.
        ``(3) For the Marine Corps, 194,000.
        ``(4) For the Air Force, 317,050.''.

                       Subtitle B--Reserve Forces

    SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 
30, 2009, as follows:
        (1) The Army National Guard of the United States, 352,600.
        (2) The Army Reserve, 205,000.
        (3) The Navy Reserve, 66,700.
        (4) The Marine Corps Reserve, 39,600.
        (5) The Air National Guard of the United States, 106,756.
        (6) The Air Force Reserve, 67,400.
        (7) The Coast Guard Reserve, 10,000.
    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--
        (1) the total authorized strength of units organized to serve 
    as units of the Selected Reserve of such component which are on 
    active duty (other than for training) at the end of the fiscal 
    year; and
        (2) the total number of individual members not in units 
    organized to serve as units of the Selected Reserve of such 
    component who are on active duty (other than for training or for 
    unsatisfactory participation in training) without their consent at 
    the end of the fiscal year.
    (c) End Strength Increases.--Whenever units or individual members 
of the Selected Reserve of any reserve component are released from 
active duty during any fiscal year, the end strength prescribed for 
such fiscal year for the Selected Reserve of such reserve component 
shall be increased proportionately by the total authorized strengths of 
such units and by the total number of such individual members.
    SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF 
      THE RESERVES.
    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 
2009, the following number of Reserves to be serving on full-time 
active duty or full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, recruiting, 
instructing, or training the reserve components:
        (1) The Army National Guard of the United States, 32,060.
        (2) The Army Reserve, 16,170.
        (3) The Navy Reserve, 11,099.
        (4) The Marine Corps Reserve, 2,261.
        (5) The Air National Guard of the United States, 14,360.
        (6) The Air Force Reserve, 2,733.
    SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
    The minimum number of military technicians (dual status) as of the 
last day of fiscal year 2009 for the reserve components of the Army and 
the Air Force (notwithstanding section 129 of title 10, United States 
Code) shall be the following:
        (1) For the Army Reserve, 8,395.
        (2) For the Army National Guard of the United States, 27,210.
        (3) For the Air Force Reserve, 10,003.
        (4) For the Air National Guard of the United States, 22,452.
    SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF NON-DUAL STATUS 
      TECHNICIANS.
    (a) Limitations.--
        (1) National guard.--Within the limitation provided in section 
    10217(c)(2) of title 10, United States Code, the number of non-dual 
    status technicians employed by the National Guard as of September 
    30, 2009, may not exceed the following:
            (A) For the Army National Guard of the United States, 
        1,600.
            (B) For the Air National Guard of the United States, 350.
        (2) Army reserve.--The number of non-dual status technicians 
    employed by the Army Reserve as of September 30, 2009, may not 
    exceed 595.
        (3) Air force reserve.--The number of non-dual status 
    technicians employed by the Air Force Reserve as of September 30, 
    2009, may not exceed 90.
    (b) Non-Dual Status Technicians Defined.--In this section, the term 
``non-dual status technician'' has the meaning given that term in 
section 10217(a) of title 10, United States Code.
    SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON 
      ACTIVE DUTY FOR OPERATIONAL SUPPORT.
    During fiscal year 2009, the maximum number of members of the 
reserve components of the Armed Forces who may be serving at any time 
on full-time operational support duty under section 115(b) of title 10, 
United States Code, is the following:
        (1) The Army National Guard of the United States, 17,000.
        (2) The Army Reserve, 13,000.
        (3) The Navy Reserve, 6,200.
        (4) The Marine Corps Reserve, 3,000.
        (5) The Air National Guard of the United States, 16,000.
        (6) The Air Force Reserve, 14,000.
    SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION ON NUMBER OF 
      RESERVE COMPONENT MEMBERS AUTHORIZED TO BE ON ACTIVE DUTY.
    (a) Additional Waiver Authority.--Subsection (a) of section 123a of 
title 10, United States Code, is amended--
        (1) by inserting ``(1)'' before ``If at the end''; and
        (2) by adding at the end the following new paragraph:
    ``(2) When a designation of a major disaster or emergency (as those 
terms are defined in section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122)) is in effect, the 
President may waive any statutory limit that would otherwise apply 
during the period of the designation on the number of members of a 
reserve component who are authorized to be on active duty under 
subparagraph (A) or (B) of section 115(b)(1) of this title, if the 
President determines the waiver is necessary to provide assistance in 
responding to the major disaster or emergency.''.
    (b) Termination of Waiver.--Subsection (b) of such section is 
amended--
        (1) by striking the subsection heading and inserting the 
    following: ``Termination of Waiver.--(1)'';
        (2) by striking ``subsection (a)'' and inserting ``subsection 
    (a)(1)''; and
        (3) by adding at the end the following new paragraph:
    ``(2) A waiver granted under subsection (a)(2) shall terminate not 
later than 90 days after the date on which the designation of the major 
disaster or emergency that was the basis for the waiver expires.''.
    (c) Clerical Amendments.--
        (1) Section heading.--The heading of such section is amended to 
    read as follows:
``Sec. 123a. Suspension of end-strength and other strength limitations 
    in time of war or national emergency''.
        (2) Table of sections.--The table of sections at the beginning 
    of chapter 3 of such title is amended by striking the item relating 
    to section 123a and inserting the following new item:

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

              Subtitle C--Authorization of Appropriations

    SEC. 421. MILITARY PERSONNEL.
    There is hereby authorized to be appropriated to the Department of 
Defense for military personnel for fiscal year 2009 a total of 
$124,791,336,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 2009.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

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

                Subtitle B--Reserve Component Management

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

          Subtitle C--Joint Qualified Officers and Requirements

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

                 Subtitle D--General Service Authorities

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

                   Subtitle E--Education and Training

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

                Subtitle F--Defense Dependents' Education

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

                      Subtitle G--Military Justice

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

        Subtitle H--Decorations, Awards, and Honorary Promotions

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

                      Subtitle I--Military Families

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

                        Subtitle J--Other Matters

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

             Subtitle A--Officer Personnel Policy Generally

    SEC. 501. MANDATORY SEPARATION REQUIREMENTS FOR REGULAR WARRANT 
      OFFICERS FOR LENGTH OF SERVICE.
    Section 1305(a) of title 10, United States Code, is amended--
        (1) by striking ``A regular warrant officer who has at least 30 
    years of active service as a warrant officer that could be credited 
    to him'' and inserting ``(1) A regular warrant officer (other than 
    a regular Army warrant officer) who has at least 30 years of active 
    service that could be credited to the officer''; and
        (2) by adding at the end the following new paragraph:
    ``(2) In the case of a regular Army warrant officer, the 
calculation of years of active service under paragraph (1) shall 
include only years of active service as a warrant officer.''.
    SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS COMMISSIONS AND 
      WARRANTS.
    (a) Posthumous Commissions.--Section 1521 of title 10, United 
States Code, is amended--
        (1) in subsection (a), by striking ``in line of duty'' each 
    place it appears; and
        (2) by adding at the end the following new subsection:
    ``(c) A commission issued under subsection (a) in connection with 
the promotion of a deceased member to a higher commissioned grade shall 
require certification by the Secretary concerned that, at the time of 
death of the member, the member was qualified for appointment to that 
higher grade.''.
    (b) Posthumous Warrants.--Section 1522 of such title is amended--
        (1) in subsection (a), by striking ``in line of duty''; and
        (2) by adding at the end the following new subsection:
    ``(c) A warrant issued under subsection (a) in connection with the 
promotion of a deceased member to a higher grade shall require a 
finding by the Secretary concerned that, at the time of death of the 
member, the member was qualified for appointment to that higher 
grade.''.
    SEC. 503. AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE DUTY IN 
      THE ARMY AND MARINE CORPS, LIMITED EXCLUSION FOR JOINT DUTY 
      REQUIREMENTS, AND INCREASE IN NUMBER OF OFFICERS SERVING IN 
      GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.
    (a) Increase in Number of Army General Officers.--Section 526(a)(1) 
of title 10, United States Code, is amended by striking ``302'' and 
inserting ``307''.
    (b) Increase in Number of Marine Corps General Officers.--Section 
526(a)(4) of such title is amended by striking ``80'' and inserting 
``81''.
    (c) Increase in Exclusion for Joint Duty Requirements.--Section 
526(b)(1) of such title is amended by striking ``12'' and inserting 
``65''.
    (d) Increase in Number of Officers Serving in Grades Above Major 
General and Rear Admiral.--Section 525 of such title is amended--
        (1) in the first sentence of subsection (a), by striking ``that 
    armed force'' and inserting ``the Army or Air Force, or more than 
    51 percent of the general officers of the Marine Corps,''; and
        (2) in subsection (b)--
            (A) in paragraphs (1) and (2)(A), by striking ``16.3 
        percent'' each place it appears and inserting ``16.4 percent''; 
        and
            (B) in paragraph (2)(B), by striking ``17.5 percent'' and 
        inserting ``19 percent''.
    (e) Acquisition and Contracting Billets.--
        (1) Reservation of army increase.--The increase in the number 
    of general officers on active duty in the Army, as authorized by 
    the amendment made by subsection (a) is reserved for general 
    officers in the Army who serve in an acquisition position.
        (2) Reservation of portion of increase in joint duty 
    assignments excluded from limitation.--Of the increase in the 
    number of general officer and flag officer joint duty assignments 
    that may be designated for exclusion from the limitations on the 
    number of general officers and flag officers on active duty, as 
    authorized by the amendment made by subsection (c), five of the 
    designated assignments are reserved for general officers or flag 
    officers who serve in an acquisition position, including one 
    assignment in the Defense Contract Management Agency.
    SEC. 504. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE TO THE 
      COMMANDANT OF THE MARINE CORPS.
    (a) Grade of Staff Judge Advocate to the Commandant of the Marine 
Corps.--Section 5046(a) of title 10, United States Code, is amended by 
striking the last sentence and inserting the following new sentence: 
``The Staff Judge Advocate to the Commandant of the Marine Corps, while 
so serving, has the grade of major general.''.
    (b) Exclusion From General Officer Distribution Limitations.--
Section 525(a) of such title, as amended by section 503, is further 
amended--
        (1) by inserting ``(1)'' after ``(a)''; and
        (2) by adding at the end the following new paragraph:
    ``(2) An officer while serving in the position of Staff Judge 
Advocate to the Commandant of the Marine Corps under section 5046 of 
this title is in addition to the number that would otherwise be 
permitted for the Marine Corps for officers in grades above brigadier 
general under the first sentence of paragraph (1).''.
    SEC. 505. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS OF 
      INQUIRY FOR SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD 
      PERFORMANCE AND OTHER REASONS.
    (a) Eligibility.--Section 1187 of title 10, United States Code, is 
amended--
        (1) in subsection (a)--
            (A) by striking paragraph (2); and
            (B) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively; and
        (2) in subsection (b), by striking ``on active duty'' in the 
    matter preceding paragraph (1).
    (b) Conforming Amendment.--The heading of subsection (a) of such 
section is amended by striking ``Active Duty Officers'' and inserting 
``In General''.
    SEC. 506. DELAYED AUTHORITY TO ALTER DISTRIBUTION REQUIREMENTS FOR 
      COMMISSIONED OFFICERS ON ACTIVE DUTY IN GENERAL OFFICER AND FLAG 
      OFFICER GRADES AND LIMITATIONS ON AUTHORIZED STRENGTHS OF GENERAL 
      AND FLAG OFFICERS ON ACTIVE DUTY.
    (a) Implementation of Special General Officer and Flag Officer 
Authority.--
        (1) Report on proposed implementation.--The Secretary of 
    Defense shall submit to the Committees on Armed Forces of the 
    Senate and House of Representatives a report, reflecting input from 
    the Armed Forces, containing the following:
            (A) A statement of the total number of validated and 
        required joint duty assignments for general officers and flag 
        officers and the total number of validated assignments for 
        general officers and flag officers required by the Army, Navy, 
        Air Force, and Marine Corps to meet internal (non-joint) 
        requirements.
            (B) A description of the process used by the Secretary of 
        Defense and the Secretary of the military department concerned 
        to validate joint general officer and flag officer requirements 
        and authorizations under the authority provided by this section 
        and how that process will function to make adjustments 
        (increases and reductions) in the numbers of general officers 
        and flag officers required for joint duty assignments and 
        internal requirements of the Armed Force concerned.
            (C) A description of how the Secretary of Defense intends 
        to minimize the incremental approaches to increases in the 
        number of general officers and flag officers and the use of 
        exemptions to effect such increases.
            (D) A description of how the Secretaries of the military 
        departments intend to manage the increase and development of 
        general officer and flag officer positions under the authority 
        provided by this section.
            (E) An explanation of and rationale for the grade 
        distribution of the general and flag officers in the joint pool 
        authorized by subsection (f)(1).
            (F) A proposal specifying such legislative changes, 
        including technical and conforming changes, as may be necessary 
        to conform sections 525, 526, and 721 of title 10, United 
        States Code, and such other provisions of such title relating 
        to the management of general officers and flag officers to the 
        authorities provided by this section.
        (2) Time for implementation.--After the end of the one-year 
    period beginning on the date on which the Secretary of Defense 
    submits the report required by paragraph (1), the Secretary of 
    Defense may implement the authorities provided by this section 
    regarding the distribution of commissioned officers on active duty 
    in general officer and flag officer grades and altering the 
    limitations on authorized strengths of general and flag officers on 
    active duty.
        (3) Effect of implementation.--After the implementation date 
    specified in paragraph (2), the authorities provided by this 
    section supersede any requirement of section 525, 526, or 721 of 
    title 10, United States Code, to the contrary.
    (b) Distribution of General and Flag Officers.--After the 
implementation date specified in subsection (a)(2), no appointment of 
an officer on the active duty list officer may be made--
        (1) in the Army, if that appointment would result in more 
    than--
            (A) 225 officers serving on active duty above the grade of 
        colonel;
            (B) 7 officers in the grade of general;
            (C) 45 officers in a grade above the grade of major 
        general; or
            (D) 90 officers in the grade of major general;
        (2) in the Air Force, if that appointment would result in more 
    than--
            (A) 208 officers serving on active duty in a grade above 
        the grade of colonel;
            (B) 9 officers in the grade of general;
            (C) 43 officers in a grade above the grade of major 
        general; or
            (D) 73 officers in the grade of major general;
        (3) in the Navy, if that appointment would result in more 
    than--
            (A) 160 officers serving on active duty in a grade above 
        the grade of captain;
            (B) 6 officers in the grade of admiral;
            (C) 32 officers in a grade above the grade of rear admiral; 
        or
            (D) 50 officers in the grade of rear admiral; or
        (4) in the Marine Corps, if that appointment would result in 
    more than--
            (A) 60 officers serving on active duty in a grade above the 
        grade of colonel;
            (B) 2 officers in the grade of general;
            (C) 15 officers in a grade above the grade of major 
        general; or
            (D) 22 officers in the grade of major general.
    (c) Exclusion of Certain Officers From Distribution Limits.--
        (1) Joint assignments.--The limitations contained in subsection 
    (b) do not apply to officers serving in joint duty assignments, as 
    designated by the Secretary of Defense under section 526(b) of 
    title 10, United States Code, or this section or for officers 
    released from joint duty assignments, but only during the 60-day 
    period beginning on the date the officer departs the joint duty 
    assignment. Of the officers serving in such joint duty 
    assignments--
            (A) the number of officers in the grade of general or 
        admiral may not exceed 20;
            (B) the number of officers in a grade above the grade of 
        major general or rear admiral may not exceed 68; and
            (C) the number of officers in the grade of major general or 
        rear admiral may not exceed 144.
        (2) Officers after relief from certain positions.--An officer 
    continuing to hold the grade of general or admiral under section 
    601(b)(4) of title 10 United States Code, after relief from the 
    position of Chairman of the Joint Chiefs of Staff, Chief of Staff 
    of the Army, Chief of Naval Operations, Chief of Staff of the Air 
    Force, or Commandant of the Marine Corps shall not be counted for 
    purposes of subsection (b).
        (3) Attending physician.--An officer while serving as Attending 
    Physician to the Congress is in addition to the number that would 
    otherwise be permitted for that officer's Armed Force for officers 
    serving on active duty in grades above brigadier general or rear 
    admiral (lower half) under subsection (b).
        (4) Officers pending retirement or after relief and related 
    circumstances.--The following officers shall not be counted for 
    purposes of subsection (b):
            (A) An officer of an Armed Force in the grade of brigadier 
        general or above or, in the case of the Navy, in the grade of 
        rear admiral (lower half) or above, who is on leave pending the 
        retirement, separation, or release of that officer from active 
        duty, but only during the 60-day period beginning on the date 
        of the commencement of such leave of such officer.
            (B) An officer of an Armed Force who has been relieved from 
        a position designated under section 601(a) of title 10, United 
        States Code, and is under orders to assume another such 
        position, but only during the 60-day period beginning on the 
        date on which those orders are published.
    (d) Appointments in Excess of Distribution Limits.--
        (1) Appointment authority.--Subject to paragraph (3), the 
    President--
            (A) may make appointments in the Army, Air Force, and 
        Marine Corps in the grade of lieutenant general and in the 
        Army, Air Force, and Marine Corps in the grade of general in 
        excess of the applicable numbers determined under subsection 
        (b) if each such appointment is made in conjunction with an 
        offsetting reduction under paragraph (2); and
            (B) may make appointments in the Navy in the grades of vice 
        admiral and admiral in excess of the applicable numbers 
        determined under subsection (b) if each such appointment is 
        made in conjunction with an offsetting reduction under 
        paragraph (2).
        (2) Offsetting reductions.--For each appointment made under the 
    authority of paragraph (1) in the Army, Air Force, or Marine Corps 
    in the grade of lieutenant general or general or in the Navy in the 
    grade of vice admiral or admiral, the number of appointments that 
    may be made in the equivalent grade in one of the other Armed 
    Forces (other than the Coast Guard) shall be reduced by one. When 
    such an appointment is made, the President shall specify the Armed 
    Force in which the reduction required by this paragraph is to be 
    made.
        (3) Maximum.--The number of officers that may be serving on 
    active duty in the grades of lieutenant general and vice admiral by 
    reason of appointments made under the authority of paragraph (1) 
    may not exceed 15. The number of officers that may be serving on 
    active duty in the grades of general and admiral by reason of 
    appointments made under the authority of paragraph (1) may not 
    exceed 5.
        (4) Duration of reduction.--Upon the termination of the 
    appointment of an officer in the grade of lieutenant general or 
    vice admiral or general or admiral that was made in connection with 
    an increase under paragraph (1) in the number of officers that may 
    be serving on active duty in that Armed Force in that grade, the 
    reduction made under paragraph (2) in the number of appointments 
    permitted in such grade in another Armed Force by reason of that 
    increase shall no longer be in effect.
    (e) Authorized Strength Limits for General and Flag Officers on 
Active Duty.--After the implementation date specified in subsection 
(a)(2), the number of general officers on active duty in the Army, Air 
Force, and Marine Corps, and the number of flag officers on active duty 
in the Navy, may not exceed the number specified for the Armed Force 
concerned as follows:
        (1) For the Army, 225.
        (2) For the Navy, 160.
        (3) For the Air Force, 208.
        (4) For the Marine Corps, 60.
    (f) Limited Exclusion for Joint Duty Requirements.--
        (1) Designation of positions.--The Secretary of Defense may 
    designate up to 324 general officer and flag officer positions that 
    are joint duty assignments for the purposes of chapter 38 of title 
    10, United States Code, for exclusion from the limitations in 
    subsection (e). The Secretary of Defense will allocate these 
    exclusions to the Armed Forces based on the number of general or 
    flag officers required from each Armed Force for assignment to 
    these designated positions.
        (2) Minimum number of positions.--Unless the Secretary of 
    Defense determines that a lower number is in the best interests of 
    the United States, the minimum number of officers serving in 
    positions designated under paragraph (1) for each Armed Force shall 
    be as follows:
            (A) For the Army, 85.
            (B) For the Navy, 61.
            (C) For the Air Force, 76.
            (D) For the Marine Corps, 21.
    (g) Temporary Exclusion for Assignment to Certain Temporary 
Billets.--The limitations in subsection (e) do not apply to a general 
or flag officer assigned to a temporary joint duty assignment billet 
designated by the Secretary of Defense for purposes of this section. A 
general or flag officer assigned to a temporary joint duty assignment 
as described in this subsection may not be excluded under this 
subsection from the limitations in subsection (e) for a period longer 
than one year.
    (h) Exclusion of Certain Reserve Officers.--
        (1) Distribution limits.--The limitations of subsection (b) do 
    not apply to a reserve component general or flag officer who is on 
    active duty and serving in billets other than joint duty 
    assignments under a call or order specifying a period of not longer 
    than two years.
        (2) Authorized strength limits.--The limitations in subsection 
    (e) do not apply to a reserve component general or flag officer who 
    is on active duty and serving in a position that is a joint duty 
    assignment for the purposes of chapter 38 of title 10, United 
    States Code, for a period not to exceed three years.
    (i) Pending or After Joint Duty Assignments.--Upon determination by 
the Secretary of Defense that such action is in the national interest, 
the Secretary may allow the Secretary of a military department to 
exceed the distribution of general and flag officers established under 
subsection (b) and the limitation in subsection (e) for up to one year 
for officers pending assignment to or return from joint duty 
assignments designated under section 526(b) of title 10, United States 
Code, or this section.

                Subtitle B--Reserve Component Management

    SEC. 511. EXTENSION TO OTHER RESERVE COMPONENTS OF ARMY AUTHORITY 
      FOR DEFERRAL OF MANDATORY SEPARATION OF MILITARY TECHNICIANS 
      (DUAL STATUS) UNTIL AGE 60.
    Section 10216(f) of title 10, United States Code, is amended by 
inserting ``and the Secretary of the Air Force'' after ``Secretary of 
the Army''.
    SEC. 512. MODIFICATION OF AUTHORIZED STRENGTHS FOR CERTAIN ARMY 
      NATIONAL GUARD, MARINE CORPS RESERVE, AND AIR NATIONAL GUARD 
      OFFICERS AND ARMY NATIONAL GUARD ENLISTED PERSONNEL SERVING ON 
      FULL-TIME RESERVE COMPONENT DUTY.
    (a) Army National Guard and Marine Corps Reserve Officers.--The 
table in section 12011(a) of title 10, United States Code, relating to 
the number of officers of a reserve component who may be serving in the 
grades of major, lieutenant colonel, or colonel given the total number 
of members of that reserve component serving on full-time reserve 
component duty, is amended by striking the portion of the table 
relating to the Army National Guard and the Marine Corps Reserve and 
inserting the following:


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




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


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


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


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


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


    SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A VACANCY 
      PROMOTION NATIONAL GUARD OFFICERS ORDERED TO ACTIVE DUTY IN 
      SUPPORT OF A CONTINGENCY OPERATION.
    (a) Additional Exception.--Subsection (d) of section 14317 of title 
10, United States Code, is amended--
        (1) in the first sentence--
            (A) by striking ``Except'' and inserting ``(1) Except'';
            (B) by striking ``unless the officer is ordered'' and 
        inserting ``unless the officer--
        ``(A) is ordered'';
            (C) by striking the period at the end and inserting ``; 
        or''; and
            (D) by adding at the end the following new subparagraph:
        ``(B) has been ordered to or is serving on active duty in 
    support of a contingency operation.''; and
        (2) in the second sentence, by striking ``If'' and inserting 
    the following:
    ``(2) If''.
    (b) Consideration for Promotion by Examination for Federal 
Recognition.--Subsection (e)(1)(B) of such section is amended by 
inserting before the period at the end the following: ``, or by 
examination for Federal recognition under title 32''.
    SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN RESERVE 
      OFFICERS.
    (a) Selective Service and Property and Fiscal Officers.--Section 
12647 of title 10, United States Code, is amended by striking ``60 
years'' and inserting ``62 years''.
    (b) Certain Reserve Officers in Grades of Major Through Brigadier 
General.--Section 14702(b) of such title is amended--
        (1) in the subsection heading, by striking ``at Age 60'' and 
    inserting ``for Age''; and
        (2) by striking ``subsection (a)(1) or (a)(2).'' and all that 
    follows through the period at the end of the last sentence and 
    inserting the following: ``paragraph (1) or (2) of subsection (a). 
    An officer described in paragraph (1) of such subsection may not be 
    retained under this section after the last day of the month in 
    which the officer becomes 62 years of age. An officer described in 
    paragraph (2) of such subsection may not be retained under this 
    section after the last day of the month in which the officer 
    becomes 60 years of age.''.
    (c) Clerical Amendments.--
        (1) Section heading.--The heading of section 14702 of such 
    title is amended to read as follows:
``Sec. 14702. Retention on reserve active-status list of certain 
     officers in the grade of major, lieutenant colonel, colonel, or 
     brigadier general''.
        (2) Table of sections.--The table of sections at the beginning 
    of chapter 1409 of such title is amended by striking the item 
    relating to section 14702 and inserting the following new item:

``14702. Retention on reserve active-status list of certain officers in 
          the grade of major, lieutenant colonel, colonel, or brigadier 
          general.''.
    SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RESERVE OFFICERS ON 
      ACTIVE-STATUS LIST AS EXCEPTION TO REMOVAL FOR YEARS OF 
      COMMISSIONED SERVICE.
    Section 14508 of title 10, United States Code, is amended--
        (1) by redesignating subsection (g) as subsection (h); and
        (2) by inserting after subsection (f) the following new 
    subsection (g):
    ``(g) Retention of Lieutenant Generals.--A reserve officer of the 
Army or Air Force in the grade of lieutenant general who would 
otherwise be removed from an active status under subsection (c) may, in 
the discretion of the Secretary of the Army or the Secretary of the Air 
Force, as the case may be, be retained in an active status, but not 
later than the date on which the officer becomes 66 years of age.''.
    SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS AND OFFICERS IN 
      MEDICAL AND RELATED SPECIALTIES UNTIL AGE 68.
    (a) Reserve Chaplains and Medical Officers.--Section 14703(b) of 
title 10, United States Code, is amended by striking ``67 years'' and 
inserting ``68 years''.
    (b) National Guard Chaplains and Medical Officers.--Section 324 of 
title 32, United States Code, is amended by adding at the end the 
following new subsection:
    ``(c) Notwithstanding subsection (a)(1), an officer of the National 
Guard serving as a chaplain, medical officer, dental officer, nurse, 
veterinarian, Medical Service Corps officer, or biomedical sciences 
officer may be retained, with the officer's consent, until the date on 
which the officer becomes 68 years of age.''.
    SEC. 517. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS OF 
      NATIONAL GUARD OFFICERS.
    (a) Dual Duty Status Authorized for Any Officer on Active Duty.--
Subsection (a)(2) of section 325 of title 32, United States Code, is 
amended by striking ``in command of a National Guard unit''.
    (b) Advance Authorization and Consent to Dual Duty Status.--Such 
section is further amended--
        (1) by redesignating subsection (b) as subsection (c); and
        (2) by inserting after subsection (a) the following new 
    subsection (b):
    ``(b) Advance Authorization and Consent.--The President and the 
Governor of a State or Territory, or of the Commonwealth of Puerto 
Rico, or the commanding general of the District of Columbia National 
Guard, as applicable, may give the authorization or consent required by 
subsection (a)(2) with respect to an officer in advance for the purpose 
of establishing the succession of command of a unit.''.
    SEC. 518. STUDY AND REPORT REGARDING MARINE CORPS PERSONNEL 
      POLICIES REGARDING ASSIGNMENTS IN INDIVIDUAL READY RESERVE.
    (a) Study.--The Secretary of the Navy shall conduct a study to 
analyze the policies and procedures used by the Marine Corps Reserve 
during fiscal years 2001 through 2008 to govern the assignment of 
members of the Marine Corps Reserve in the Individual Ready Reserve.
    (b) Elements.--The study shall contain, at a minimum, the following 
elements:
        (1) A summary of the actual policies and procedures used to 
    assign members of the Marine Corps Reserve to the Individual Ready 
    Reserve and to remove members from the Individual Ready Reserve, to 
    include the grade and authority of the official responsible for 
    making the decision regarding the assignment.
        (2) The number of members of the Marine Corps Reserve assigned 
    to the Individual Ready Reserve during fiscal years 2001 through 
    2008.
        (3) The number of members of the Marine Corps Reserve who spent 
    less than 12 months in the Individual Ready Reserve during fiscal 
    years 2001 through 2008, categorized by the reason provided for 
    assigning the members to the Individual Ready Reserve.
        (4) The impact of assigning a member of the Marine Corps 
    Reserve to the Individual Ready Reserve on the eligibility of the 
    member for health care coverage under TRICARE.
        (5) The policies and procedures used to account for members of 
    the Marine Corps Reserve who are excess to a unit's authorization 
    document, to include members selected for promotion or command who 
    have not yet been promoted or assumed duties as officers in 
    command.
        (6) Recommendations for improvements to policies and procedures 
    used to assign members of the Marine Corps Reserve to the 
    Individual Ready Reserve and to remove members from the Individual 
    Ready Reserve.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Navy shall submit to the 
Committee on Armed Services of the Senate and House of Representatives 
a report containing the results of the study.
    SEC. 519. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN SKILLS OF 
      MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES.
    Not later than March 1, 2009, the Secretary of Defense shall submit 
to the congressional defense committees a report on the feasibility and 
advisability, utility, and cost effectiveness of the following:
        (1) The collection by the Department of Defense of information 
    on the civilian skills, qualifications, and professional 
    certifications of members of the reserve components of the Armed 
    Forces that are relevant to military manpower requirements.
        (2) The establishment by each military department, and by the 
    Department of Defense generally, of a system that would match 
    billets and personnel requirements with members of the reserve 
    components of the Armed Forces who have skills, qualifications, and 
    certifications relevant to such billets and requirements.
        (3) The establishment by the Department of Defense of one or 
    more systems accessible by private employers who employ individuals 
    with skills, qualifications, and certifications possessed by 
    members of the reserve components of the Armed Forces to assist 
    such employers in hiring and employing such members.
        (4) Actions to ensure that employment information collected for 
    and maintained in the Civilian Employment Information database of 
    the Department of Defense is current and accurate.
        (5) Actions to incorporate any matter determined feasible and 
    advisable under paragraphs (1) through (4) into the Defense 
    Integrated Military Human Resources System.

         Subtitle C--Joint Qualified Officers and Requirements

    SEC. 521. JOINT DUTY REQUIREMENTS FOR PROMOTION TO GENERAL OR FLAG 
      OFFICER.
    (a) In General.--Section 619a of title 10, United States Code, is 
amended--
        (1) in subsection (a), by striking ``unless--'' and all that 
    follows through ``the joint specialty'' and inserting ``unless the 
    officer has been designated as a joint qualified officer'';
        (2) in subsection (b)--
            (A) by striking ``paragraph (1) or paragraph (2) of 
        subsection (a), or both paragraphs (1) and (2) of subsection 
        (a),'' in the matter preceding paragraph (1) and inserting 
        ``subsection (a)''; and
            (B) in paragraph (4), by striking ``within that immediate 
        organization is not less than two years'' and inserting ``is 
        not less than two years and the officer has successfully 
        completed a program of education described in subsections (b) 
        and (c) of section 2155 of this title''; and
        (3) by striking subsection (h).
    (b) Clerical Amendments.--
        (1) Section heading.--The heading of such section is amended to 
    read as follows:
``Sec. 619a. Eligibility for consideration for promotion: designation 
    as joint qualified officer required before promotion to general or 
    flag grade; exceptions''.
        (2) Table of sections.--The table of sections at the beginning 
    of subchapter II of chapter 36 of such title is amended by striking 
    the item relating to section 619a and inserting the following new 
    item:

``619a. Eligibility for consideration for promotion: designation as 
          joint qualified officer required before promotion to general 
          or flag grade; exceptions.''.
    SEC. 522. TECHNICAL, CONFORMING, AND CLERICAL CHANGES TO JOINT 
      SPECIALTY TERMINOLOGY.
    (a) Reference to Joint Qualified Officer.--
        (1) In general.--Subsection (a) of section 661 of title 10, 
    United States Code, is amended in the second sentence by striking 
    ``in such manner as the Secretary of Defense directs'' and 
    inserting ``as a joint qualified officer or in such other manner as 
    the Secretary of Defense directs''.
        (2) Section heading.--The heading of such section is amended to 
    read as follows:
``Sec. 661. Management policies for joint qualified officers''.
        (3) Table of sections.--The table of sections at the beginning 
    of chapter 38 of such title is amended by striking the item related 
    to section 661 and inserting the following new item:

``661. Management policies for joint qualified officers.''.

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

``665. Procedures for monitoring careers of joint qualified officers.''.

    (d) Joint Specialty Terminology in Annual Report.--Section 667 of 
such title is amended--
        (1) in paragraph (1)--
            (A) in subparagraph (A), by striking ``selected for the 
        joint specialty'' and inserting ``designated as a joint 
        qualified officer''; and
            (B) in subparagraph (B), by striking ``selection for the 
        joint specialty'' and inserting ``designation as a joint 
        qualified officer,'';
        (2) in paragraph (2), by striking ``with the joint specialty'' 
    and inserting ``designated as a joint qualified officer'';
        (3) in paragraph (3), by striking ``selected for the joint 
    specialty'' each place it appears and inserting ``designated as a 
    joint qualified officer'';
        (4) in paragraph (4)--
            (A) in subparagraph (A), by striking ``selected for the 
        joint specialty'' and inserting ``designated as a joint 
        qualified officer''; and
            (B) by striking subparagraph (B) and inserting the 
        following new subparagraph:
            ``(B) a comparison of the number of officers who were 
        designated as a joint qualified officer who had served in a 
        Joint Duty Assignment List billet and completed Joint 
        Professional Military Education Phase II, with the number 
        designated as a joint qualified officer based on their 
        aggregated joint experiences and completion of Joint 
        Professional Military Education Phase II.'';
        (5) by striking paragraphs (5) through (10), (13), and (16), 
    and redesignating paragraphs (11), (12), (14), (15), (17), and (18) 
    as paragraphs (7), (8), (9), (10), (12), and (13), respectively;
        (6) by inserting after paragraph (4) the following new 
    paragraphs:
        ``(5) The promotion rate for officers designated as a joint 
    qualified officer, compared with the promotion rate for other 
    officers considered for promotion from within the promotion zone in 
    the same pay grade and the same competitive category. A similar 
    comparison will be made for officers both below the promotion zone 
    and above the promotion zone.
        ``(6) An analysis of assignments of officers after their 
    designation as a joint qualified officer.''; and
        (7) by inserting after paragraph (10), as redesignated by 
    paragraph (5) of this subsection, the following new paragraph (11):
        ``(11) The number of officers in the grade of captain (or in 
    the case of the Navy, lieutenant) and above certified at each level 
    of joint qualification as established in regulation and policy by 
    the Secretary of Defense with the advice of the Chairman of the 
    Joint Chiefs of Staff. Such numbers shall be reported by service 
    and grade of the officer.''.
    SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT QUALIFIED OFFICERS.
    Section 662 of title 10, United States Code, is amended--
        (1) in subsection (a)(2), by striking ``officers who are 
    serving or have served in joint duty assignments'' and inserting 
    ``officers in the grade of major (or in the case of the Navy, 
    lieutenant commander) or above who have been designated as a joint 
    qualified officer''; and
        (2) in subsection (b), by inserting after ``joint duty 
    assignments'' the following: ``or on the Joint Staff, and officers 
    who have been designated as a joint qualified officer in the grades 
    of major (or in the case of the Navy, lieutenant commander) through 
    colonel (or in the case of the Navy, captain)''.
    SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.
    (a) Service Excluded From Tour Length.--Subsection (d) of section 
664 of title 10, United States Code, is amended--
        (1) in paragraph (1), by striking subparagraph (D) and 
    inserting the following new subparagraph (D):
            ``(D) a qualifying reassignment from a joint duty 
        assignment--
                ``(i) for unusual personal reasons, including extreme 
            hardship and medical conditions, beyond the control of the 
            officer or the armed forces; or
                ``(ii) to another joint duty assignment immediately 
            after--

                    ``(I) the officer was promoted to a higher grade, 
                if the reassignment was made because no joint duty 
                assignment was available within the same organization 
                that was commensurate with the officer's new grade; or
                    ``(II) the officer's position was eliminated in a 
                reorganization.''; and

        (2) by striking paragraph (3) and inserting the following new 
    paragraph (3):
        ``(3) Service in a joint duty assignment in a case in which the 
    officer's tour of duty in that assignment brings the officer's 
    accrued service for purposes of subsection (f)(3) to the applicable 
    standard prescribed in subsection (a).''.
    (b) Computing Average Length of Joint Duty Assignments.--Subsection 
(e) of such section is amended by striking paragraph (2) and inserting 
the following new paragraph (2):
    ``(2) In computing the average length of joint duty assignments for 
purposes of paragraph (1), the Secretary may exclude the following 
service:
        ``(A) Service described in subsection (c).
        ``(B) Service described in subsection (d).
        ``(C) Service described in subsection (f)(6).''.
    (c) Completion of Tour of Duty.--Subsection (f) of such section is 
amended--
        (1) in paragraph (3), by striking ``Cumulative service'' and 
    inserting ``Accrued joint experience'';
        (2) in paragraph (4), by striking ``(except'' and all that 
    follows through ``any time)''; and
        (3) by striking paragraph (6) and inserting the following new 
    paragraph (6):
        ``(6) A second and subsequent joint duty assignment that is 
    less than the period required under subsection (a), but not less 
    than two years.''.
    (d) Accrued Joint Experience as Full Tour of Duty.--Subsection (g) 
of such section is amended to read as follows:
    ``(g) Accrued Joint Experience.--For the purposes of subsection 
(f)(3), the Secretary of Defense may prescribe, by regulation, certain 
joint experience, such as temporary duty in joint assignments, joint 
individual training, and participation in joint exercises, that may be 
aggregated to equal a full tour of duty. The Secretary shall prescribe 
the regulations with the advice of the Chairman of the Joint Chiefs of 
Staff.''.
    (e) Constructive Credit.--Subsection (h) of such section is 
amended--
        (1) in paragraph (1), by striking ``subsection (f)(1), (f)(2), 
    (f)(4), or (g)(2)'' and inserting ``paragraphs (1), (2), and (4) of 
    subsection (f)''; and
        (2) by striking paragraph (3).
    (f) Repeal of Joint Duty Credit for Certain Joint Task Force 
Assignments.--Such section is further amended by striking subsection 
(i).
    SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER POSITIONS ON 
      JOINT STAFF AS POSITIONS TO BE HELD ONLY BY RESERVE COMPONENT 
      OFFICERS.
    Section 526(b)(2)(A) of title 10, United States Code, is amended by 
striking ``a general and flag officer position'' and inserting ``up to 
three general and flag officer positions''.
    SEC. 526. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF 
      RESERVE GENERAL AND FLAG OFFICERS IN ACTIVE STATUS SERVING IN 
      JOINT DUTY ASSIGNMENTS.
    (a) Exclusion of army and Air Force Officers Serving in Joint Duty 
Assignments.--Subsection (b) of section 12004 of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph;
        ``(4) Those serving in a joint duty assignment for purposes of 
    chapter 38 of this title, except that the number of officers who 
    may be excluded under this paragraph may not exceed the number 
    equal to 20 percent of the number of officers authorized for the 
    armed force concerned by subsection (a).''.
    (b) Exclusion of Navy Officers Serving in Joint Duty Assignments.--
Subsection (c) of such section is amended--
        (1) by redesignating paragraphs (2), (3), and (4) as paragraphs 
    (3), (4), and (5), respectively; and
        (2) in paragraph (1), by striking ``(1)'' and all that follows 
    through ``as follows:'' and inserting the following:
    ``(1) The following Navy reserve officers shall not be counted for 
purposes of this section:
        ``(A) Those counted under section 526 of this title.
        ``(B) Those serving in a joint duty assignment for purposes of 
    chapter 38 of this title, except that the number of officers who 
    may be excluded under this paragraph may not exceed the number 
    equal to 20 percent of the number of officers authorized for the 
    Navy in subsection (a).
    ``(2) Of the number of Navy reserve officers authorized by 
subsection (a), 40 are distributed among the line and staff corps as 
follows:''.
    (c) Exclusion of Marine Corps Officers Serving in Joint Duty 
Assignments.--Subsection (d) of such section is amended to read as 
follows:
    ``(d) The following Marine Corps reserve officers shall not be 
counted for purposes of this section:
        ``(1) Those counted under section 526 of this title.
        ``(2) Those serving in a joint duty assignment for purposes of 
    chapter 38 of this title, except that the number of officers who 
    may be excluded under this paragraph may not exceed the number 
    equal to 20 percent of the number of officers authorized for the 
    Marine Corps in subsection (a).''.
    SEC. 527. REPORTS ON JOINT EDUCATION COURSES AVAILABLE THROUGH THE 
      DEPARTMENT OF DEFENSE.
    (a) Reports Required.--Not later than April 1 of each of 2009, 
2010, and 2011, the Chairman of the Joint Chiefs of Staff shall submit 
to Congress a report setting forth information on the joint education 
courses available through the Department of Defense for purposes of the 
pursuit of joint careers by officers in the Armed Forces.
    (b) Elements.--Each report under subsection (a) shall include, for 
the preceding year covered by the report, the following:
        (1) A list and description of the joint education courses 
    available during the year covered by the report.
        (2) A list and description of the joint education courses 
    listed under paragraph (1) that are available to, and may be 
    completed by, officers of the reserve components of the Armed 
    Forces in other than an in-resident duty status under title 10 or 
    32, United States Code.
        (3) For each joint education course listed under paragraph (1), 
    the number of officers from each Armed Force who pursued the course 
    during the year covered by the report, including the number of 
    officers of the Army National Guard and Air National Guard who 
    pursued the course.

                Subtitle D--General Service Authorities

    SEC. 531. INCREASE IN MAXIMUM PERIOD OF REENLISTMENT OF REGULAR 
      MEMBERS OF THE ARMED FORCES.
    (a) Increase to Eight-Year Maximum.--Section 505(d) of title 10, 
United States Code, is amended--
        (1) in paragraph (2), by striking ``six years'' and inserting 
    ``eight years''; and
        (2) in paragraph (3)(A), by striking ``six years'' and 
    inserting ``eight years''.
    (b) Conforming Amendment Regarding Reenlistment Bonus.--Section 
308(a)(2)(A)(ii) of title 37, United States Code, is amended by 
striking ``not to exceed six''.
    SEC. 532. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES.
    (a) Leave Authorized.--Section 701 of title 10, United States Code, 
is amended by adding at the end the following new subsection:
    ``(j)(1) Under regulations prescribed by the Secretary concerned, a 
married member of the armed forces on active duty whose wife gives 
birth to a child shall receive 10 days of leave to be used in 
connection with the birth of the child.
    ``(2) Leave under paragraph (1) is in addition to other leave 
authorized under this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and applies only 
with respect to children born on or after that date.
    SEC. 533. PILOT PROGRAMS ON CAREER FLEXIBILITY TO ENHANCE RETENTION 
      OF MEMBERS OF THE ARMED FORCES.
    (a) Pilot Programs Authorized.--
        (1) In general.--Each Secretary of a military department may 
    carry out pilot programs under which officers and enlisted members 
    of the regular components of the Armed Forces under the 
    jurisdiction of such Secretary may be inactivated from active duty 
    in order to meet personal or professional needs and returned to 
    active duty at the end of such period of inactivation from active 
    duty.
        (2) Purpose.--The purpose of the pilot programs under this 
    section shall be to evaluate whether permitting inactivation from 
    active duty and greater flexibility in career paths for members of 
    the Armed Forces will provide an effective means to enhance 
    retention of members of the Armed Forces and the capacity of the 
    Department of Defense to respond to the personal and professional 
    needs of individual members of the Armed Forces.
    (b) Limitation on Eligible Members.--A member of the Armed Forces 
is not eligible to participate in a pilot program under this section 
during any period of service required of the member--
        (1) under an agreement upon entry of the member on active duty; 
    or
        (2) due to receipt by the member of a retention bonus as a 
    member qualified in a critical military skill or assigned to a high 
    priority unit under section 355 of title 37, United States Code.
    (c) Limitation on Number of Participants.--Not more than 20 
officers and 20 enlisted members of each Armed Force may be selected 
during each of calendar years 2009 through 2012 to participate in the 
pilot programs under this section.
    (d) Period of Inactivation From Active Duty; Effect of 
Inactivation.--
        (1) Limitation.--The period of inactivation from active duty 
    under a pilot program under this section of a member participating 
    in the pilot program shall be such period as the Secretary of the 
    military department concerned shall specify in the agreement of the 
    member under subsection (e), except that such period may not exceed 
    three years.
        (2) Exclusion from computation of reserve officer's total years 
    of service.--Any service by a Reserve officer while participating 
    in a pilot program under this section shall be excluded from 
    computation of the officer's total years of service pursuant to 
    section 14706(a) of title 10, United States Code.
        (3) Retirement and related purposes.--Any period of 
    participation of a member in a pilot program under this section 
    shall not count toward--
            (A) eligibility for retirement or transfer to the Ready 
        Reserve under either chapter 571 or 1223 of title 10, United 
        States Code; or
            (B) computation of retired or retainer pay under chapter 71 
        or 1223 of title 10, United States Code.
    (e) Agreement.--Each member of the Armed Forces who participates in 
a pilot program under this section shall enter into a written agreement 
with the Secretary of the military department concerned under which 
agreement that member shall agree as follows:
        (1) To accept an appointment or enlist, as applicable, and 
    serve in the Ready Reserve of the Armed Force concerned during the 
    period of the member's inactivation from active duty under the 
    pilot program.
        (2) To undergo during the period of the inactivation of the 
    member from active duty under the pilot program such inactive duty 
    training as the Secretary concerned shall require in order to 
    ensure that the member retains proficiency, at a level determined 
    by the Secretary concerned to be sufficient, in the member's 
    military skills, professional qualifications, and physical 
    readiness during the inactivation of the member from active duty.
        (3) Following completion of the period of the inactivation of 
    the member from active duty under the pilot program, to serve two 
    months as a member of the Armed Forces on active duty for each 
    month of the period of the inactivation of the member from active 
    duty under the pilot program.
    (f) Conditions of Release.--The Secretary of Defense shall issue 
regulations specifying the guidelines regarding the conditions of 
release that must be considered and addressed in the agreement required 
by subsection (e). At a minimum, the Secretary shall prescribe the 
procedures and standards to be used to instruct a member on the 
obligations to be assumed by the member under paragraph (2) of such 
subsection while the member is released from active duty.
    (g) Order to Active Duty.--Under regulations prescribed by the 
Secretary of the military department concerned, a member of the Armed 
Forces participating in a pilot program under this section may, in the 
discretion of such Secretary, be required to terminate participation in 
the pilot program and be ordered to active duty.
    (h) Pay and Allowances.--
        (1) Basic pay.--During each month of participation in a pilot 
    program under this section, a member who participates in the pilot 
    program shall be paid basic pay in an amount equal to two-
    thirtieths of the amount of monthly basic pay to which the member 
    would otherwise be entitled under section 204 of title 37, United 
    States Code, as a member of the uniformed services on active duty 
    in the grade and years of service of the member when the member 
    commences participation in the pilot program.
        (2) Prohibition on receipt of special and incentive pays.--
            (A) Prohibition on receipt during participation.--A member 
        who participates in a pilot program shall not, while 
        participating in the pilot program, be paid any special or 
        incentive pay or bonus to which the member is otherwise 
        entitled under an agreement under chapter 5 of title 37, United 
        States Code, that is in force when the member commences 
        participation in the pilot program.
            (B) Treatment of required service.--The inactivation from 
        active duty of a member participating in a pilot program shall 
        not be treated as a failure of the member to perform any period 
        of service required of the member in connection with an 
        agreement for a special or incentive pay or bonus under chapter 
        5 of title 37, United States Code, that is in force when the 
        member commences participation in the pilot program.
        (3) Revival of special pays upon return to active duty.--
            (A) Revival required.--Subject to subparagraph (B), upon 
        the return of a member to active duty after completion by the 
        member of participation in a pilot program--
                (i) any agreement entered into by the member under 
            chapter 5 of title 37, United States Code, for the payment 
            of a special or incentive pay or bonus that was in force 
            when the member commenced participation in the pilot 
            program shall be revived, with the term of such agreement 
            after revival being the period of the agreement remaining 
            to run when the member commenced participation in the pilot 
            program; and
                (ii) any special or incentive pay or bonus shall be 
            payable to the member in accordance with the terms of the 
            agreement concerned for the term specified in clause (i).
            (B) Limitations.--
                (i) Limitation at time of return to active duty.--
            Subparagraph (A) shall not apply to any special or 
            incentive pay or bonus otherwise covered by that 
            subparagraph with respect to a member if, at the time of 
            the return of the member to active duty as described in 
            that subparagraph--

                    (I) such pay or bonus is no longer authorized by 
                law; or
                    (II) the member does not satisfy eligibility 
                criteria for such pay or bonus as in effect at the time 
                of the return of the member to active duty.

                (ii) Cessation during later service.--Subparagraph (A) 
            shall cease to apply to any special or incentive pay or 
            bonus otherwise covered by that subparagraph with respect 
            to a member if, during the term of the revived agreement of 
            the member under subparagraph (A)(i), such pay or bonus 
            ceases being authorized by law.
            (C) Repayment.--A member who is ineligible for payment of a 
        special or incentive pay or bonus otherwise covered by this 
        paragraph by reason of subparagraph (B)(i)(II) shall be subject 
        to the requirements for repayment of such pay or bonus in 
        accordance with the terms of the applicable agreement of the 
        member under chapter 5 of title 37, United States Code.
            (D) Construction of required service.--Any service required 
        of a member under an agreement covered by this paragraph after 
        the member returns to active duty as described in subparagraph 
        (A) shall be in addition to any service required of the member 
        under an agreement under subsection (e).
        (4) Certain travel and transportation allowances.--
            (A) In general.--Subject to subparagraph (B), a member who 
        participates in a pilot program is entitled, while 
        participating in the pilot program, to the travel and 
        transportation allowances authorized by section 404 of title 
        37, United States Code, for--
                (i) travel performed from the member's residence, at 
            the time of release from active duty to participate in the 
            pilot program, to the location in the United States 
            designated by the member as his residence during the period 
            of participation in the pilot program; and
                (ii) travel performed to the member's residence upon 
            return to active duty at the end of the member's 
            participation in the pilot program.
            (B) Limitation.--An allowance is payable under this 
        paragraph only with respect to travel of a member to and from a 
        single residence.
    (i) Promotion.--
        (1) Officers.--
            (A) Limitation on promotion.--An officer participating in a 
        pilot program under this section shall not, while participating 
        in the pilot program, be eligible for consideration for 
        promotion under chapter 36 or 1405 of title 10, United States 
        Code.
            (B) Promotion and rank upon return to active duty.--Upon 
        the return of an officer to active duty after completion by the 
        officer of participation in a pilot program--
                (i) the Secretary of the military department concerned 
            shall adjust the officer's date of rank in such manner as 
            the Secretary of Defense shall prescribe in regulations for 
            purposes of this section; and
                (ii) the officer shall be eligible for consideration 
            for promotion when officers of the same competitive 
            category, grade, and seniority are eligible for 
            consideration for promotion.
        (2) Enlisted members.--An enlisted member participating in a 
    pilot program shall not be eligible for consideration for promotion 
    during the period that--
            (A) begins on the date of the member's inactivation from 
        active duty under the pilot program; and
            (B) ends at such time after the return of the member to 
        active duty under the pilot program that the member is 
        treatable as eligible for promotion by reason of time in grade 
        and such other requirements as the Secretary of the military 
        department concerned shall prescribe in regulations for 
        purposes of the pilot program.
    (j) Medical and Dental Care.--A member participating in a pilot 
program under this section shall, while participating in the pilot 
program, be treated as a member of the Armed Forces on active duty for 
a period of more than 30 days for purposes of the entitlement of the 
member and the member's dependents to medical and dental care under the 
provisions of chapter 55 of title 10, United States Code.
    (k) Reports.--
        (1) Interim reports.--Not later than June 1, 2011, and June 1, 
    2013, the Secretary of each military department shall submit to the 
    congressional defense committees a report on the implementation and 
    current status of the pilot programs conducted by such Secretary 
    under this section.
        (2) Final report.--Not later than March 1, 2016, the Secretary 
    of Defense shall submit to the congressional defense committees a 
    report on the pilot programs conducted under this section.
        (3) Elements of report.--Each interim report and the final 
    report under this subsection shall include the following:
            (A) A description of each pilot program conducted under 
        this section, including a description of the number of 
        applicants for such pilot program and the criteria used to 
        select individuals for participation in such pilot program.
            (B) An assessment by the Secretary concerned of the pilot 
        programs, including an evaluation of whether--
                (i) the authorities of the pilot programs provided an 
            effective means to enhance the retention of members of the 
            Armed Forces possessing critical skills, talents, and 
            leadership abilities;
                (ii) the career progression in the Armed Forces of 
            individuals who participate in the pilot program has been 
            or will be adversely affected; and
                (iii) the usefulness of the pilot program in responding 
            to the personal and professional needs of individual 
            members of the Armed Forces.
            (C) Such recommendations for legislative or administrative 
        action as the Secretary concerned considers appropriate for the 
        modification or continuation of the pilot programs.
    (l) Duration of Program Authority.--The authority to conduct a 
pilot program under this section shall commence on January 1, 2009. No 
member of the Armed Forces may be released from active duty under a 
pilot program under this section after December 31, 2012.

                   Subtitle E--Education and Training

    SEC. 540. AUTHORIZED STRENGTH OF MILITARY SERVICE ACADEMIES AND 
      REPEAL OF PROHIBITION ON PHASED INCREASE IN MIDSHIPMEN AND CADET 
      STRENGTH LIMIT AT NAVAL ACADEMY AND AIR FORCE ACADEMY.
    (a) Military Academy.--Section 4342(a) of title 10, United States 
Code, is amended by striking ``4,000 or such higher number'' and 
inserting ``4,400 or such lower number''.
    (b) Naval Academy.--Section 6954 of such title is amended--
        (1) in subsection (a), by striking ``4,000 or such higher 
    number'' and inserting ``4,400 or such lower number''; and
        (2) in subsection (h)(1), by striking the last sentence.
    (c) Air Force Academy.--Section 9342 of such title is amended--
        (1) in subsection (a), by striking ``4,000 or such higher 
    number'' and inserting ``4,400 or such lower number''; and
        (2) in subsection (j)(1), by striking the last sentence.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to academic years at the United States Military 
Academy, the United States Naval Academy, and the Air Force Academy 
after the 2007-2008 academic year.
    SEC. 541. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE ACTIVITIES AT 
      MILITARY SERVICE ACADEMIES.
    (a) United States Military Academy.--
        (1) In general.--Chapter 403 of title 10, United States Code, 
    is amended by inserting after section 4345 the following new 
    section:
``Sec. 4345a. Foreign and cultural exchange activities
    ``(a) Attendance Authorized.--The Secretary of the Army may 
authorize the Academy to permit students, officers, and other 
representatives of a foreign country to attend the Academy for periods 
of not more than two weeks if the Secretary determines that the 
attendance of such persons contributes significantly to the development 
of foreign language, cross cultural interactions and understanding, and 
cultural immersion of cadets.
    ``(b) Costs and Expenses.--The Secretary may pay the travel, 
subsistence, and similar personal expenses of persons incurred to 
attend the Academy under subsection (a).
    ``(c) Effect of Attendance.--Persons attending the Academy under 
subsection (a) are not considered to be students enrolled at the 
Academy and are in addition to persons receiving instruction at the 
Academy under section 4344 or 4345 of this title.
    ``(d) Source of Funds; Limitation.--(1) The Academy shall bear the 
costs of the attendance of persons under subsection (a) from funds 
appropriated for the Academy and from such additional funds as may be 
available to the Academy from a source, other than appropriated funds, 
to support cultural immersion, regional awareness, or foreign language 
training activities in connection with their attendance.
    ``(2) Expenditures from appropriated funds in support of activities 
under this section may not exceed $40,000 during any fiscal year.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of such chapter is amended by inserting after the item relating to 
    section 4345 the following new item:

``4345a. Foreign and cultural exchange activities.''.

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

``6957b. Foreign and cultural exchange activities.''.

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

``9345a. Foreign and cultural exchange activities.''.
    SEC. 542. INCREASED AUTHORITY TO ENROLL DEFENSE INDUSTRY EMPLOYEES 
      IN DEFENSE PRODUCT DEVELOPMENT PROGRAM.
    Section 7049(a) of title 10, United States Code, is amended by 
striking ``25'' and inserting ``125''.
    SEC. 543. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL 
      MILITARY EDUCATION TO AWARD DEGREES.
    (a) National Defense Intelligence College.--
        (1) In general.--Section 2161 of title 10, United States Code, 
    is amended to read as follows:
``Sec. 2161. Degree granting authority for National Defense 
    Intelligence College
    ``(a) Authority.--Under regulations prescribed by the Secretary of 
Defense, the President of the National Defense Intelligence College 
may, upon the recommendation of the faculty of the National Defense 
Intelligence College, confer appropriate degrees upon graduates who 
meet the degree requirements.
    ``(b) Limitation.--A degree may not be conferred under this section 
unless--
        ``(1) the Secretary of Education has recommended approval of 
    the degree in accordance with the Federal Policy Governing Granting 
    of Academic Degrees by Federal Agencies; and
        ``(2) the National Defense Intelligence College is accredited 
    by the appropriate civilian academic accrediting agency or 
    organization to award the degree, as determined by the Secretary of 
    Education.
    ``(c) Congressional Notification Requirements.--(1) When seeking to 
establish degree granting authority under this section, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives--
        ``(A) a copy of the self assessment questionnaire required by 
    the Federal Policy Governing Granting of Academic Degrees by 
    Federal Agencies, at the time the assessment is submitted to the 
    Department of Education's National Advisory Committee on 
    Institutional Quality and Integrity; and
        ``(B) the subsequent recommendations and rationale of the 
    Secretary of Education regarding the establishment of the degree 
    granting authority.
    ``(2) Upon any modification or redesignation of existing degree 
granting authority, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report containing the rationale for the proposed modification or 
redesignation and any subsequent recommendation of the Secretary of 
Education on the proposed modification or redesignation.
    ``(3) The Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
containing an explanation of any action by the appropriate academic 
accrediting agency or organization not to accredit the National Defense 
Intelligence College to award any new or existing degree.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 108 of such title is amended by striking the item 
    relating to section 2161 and inserting the following new item:

``2161. Degree granting authority for National Defense Intelligence 
          College.''.

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

``2163. Degree granting authority for National Defense University.''.

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

``4314. Degree granting authority for United States Army Command and 
          General Staff College.''.

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

``4321. Degree granting authority for United States Army War College.''.

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

``7048. Degree granting authority for United States Naval Postgraduate 
          School.''.

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

``7101. Degree granting authority for Naval War College.''.

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

``7102. Degree granting authority for Marine Corps University.''.

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

``9314. Degree granting authority for United States Air Force Institute 
          of Technology.''.

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

``9317. Degree granting authority for Air University.''.

    (j) Effective Date.--The amendments made by this section shall 
apply to any degree granting authority established, modified, or 
redesignated on or after the date of enactment of this Act for an 
institution of professional military education referred to in such 
amendments.
    SEC. 544. TUITION FOR ATTENDANCE OF FEDERAL EMPLOYEES AT THE UNITED 
      STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
    Subsection (e) of section 9314 of title 10, United States Code, as 
amended by section 543(h), is further amended by adding at the end the 
following new paragraphs:
    ``(4)(A) The Institute shall charge tuition for the cost of 
providing instruction at the Institute for any civilian employee of a 
military department (other than a civilian employee of the Department 
of the Air Force), of another component of the Department of Defense, 
or of another Federal agency who receives instruction at the Institute.
    ``(B) The cost of any tuition charged an individual under this 
paragraph shall be borne by the department, agency, or component 
sending the individual for instruction at the Institute.
    ``(5) Amounts received by the Institute for the instruction of 
students under this subsection shall be retained by the Institute. Such 
amounts shall be available to the Institute to cover the costs of such 
instruction. The source and disposition of such amounts shall be 
specifically identified in the records of the Institute.''.
    SEC. 545. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED 
      STATES AIR FORCE ACADEMY.
    Section 9331(b)(4) of title 10, United States Code, is amended by 
striking ``21 permanent professors'' and inserting ``23 permanent 
professors''.
    SEC. 546. REQUIREMENT OF COMPLETION OF SERVICE UNDER HONORABLE 
      CONDITIONS FOR PURPOSES OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE 
      FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS.
    (a) Requirement of Honorable Service.--Section 16164(a)(2) of title 
10, United States Code, is amended by striking ``other than 
dishonorable conditions'' and inserting ``honorable conditions''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
a person described in section 16163 of title 10, United States Code, 
who--
        (1) separates from a reserve component on or after January 28, 
    2008, the date of the enactment of the National Defense 
    Authorization Act for Fiscal Year 2008; and
        (2) as of the date of the enactment of this Act, has not used 
    any of the person's entitlement to educational assistance under 
    chapter 1607 of such title.
    SEC. 547. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY FOR HEALTH 
      PROFESSIONALS IN REGULAR COMPONENTS AND SELECTED RESERVE.
    Section 16302(c) of title 10, United States Code, is amended by 
striking paragraphs (2) and (3) and inserting the following new 
paragraph:
    ``(2) The annual maximum amount of a loan that may be repaid under 
this section shall be the same as the maximum amount in effect for the 
same year under subsection (e)(2) of section 2173 of this title for the 
education loan repayment program under such section.''.
    SEC. 548. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE OFFICERS' 
      TRAINING CORPS.
    (a) Plan for Increase.--The Secretary of Defense, in consultation 
with the Secretaries of the military departments, shall develop and 
implement a plan to establish and support, not later than September 30, 
2020, not less than 3,700 units of the Junior Reserve Officers' 
Training Corps.
    (b) Exceptions.--The requirement imposed in subsection (a) shall 
not apply--
        (1) if the Secretary fails to receive an adequate number or 
    requests for Junior Reserve Officers' Training Corps units by 
    public and private secondary educational institutions; or
        (2) during a time of national emergency when the Secretaries of 
    the military departments determine that funding must be allocated 
    elsewhere.
    (c) Cooperation.--The Secretary of Defense, as part of the plan to 
establish and support additional Junior Reserve Officers' Training 
Corps units, shall work with local educational agencies to increase the 
employment in Junior Reserve Officers' Training Corps units of retired 
members of the Armed Forces who are retired under chapter 61 of title 
10, United States Code, especially members who were wounded or injured 
while deployed in a contingency operation.
    (d) Report on Plan.--Upon completion of the plan, the Secretary of 
Defense shall provide a report to the congressional defense committees 
containing, at a minimum, the following:
        (1) A description of how the Secretaries of the military 
    departments expect to achieve the number of units of the Junior 
    Reserve Officers' Training Corps specified in subsection (a), 
    including how many units will be established per year by each 
    service.
        (2) The annual funding necessary to support the increase in 
    units, including the personnel costs associated.
        (3) The number of qualified private and public schools, if any, 
    who have requested a Junior Reserve Officers' Training Corps unit 
    that are on a waiting list.
        (4) Efforts to improve the increased distribution of units 
    geographically across the United States.
        (5) Efforts to increase distribution of units in educationally 
    and economically deprived areas.
        (6) Efforts to enhance employment opportunities for qualified 
    former military members retired for disability, especially those 
    wounded while deployed in a contingency operation.
    (e) Time for Submission.--The plan required under subsection (a), 
along with the report required by subsection (d), shall be submitted to 
the congressional defense committees not later than March 31, 2009. The 
Secretary of Defense shall submit an up-dated report annually 
thereafter until the minimum number of units of the Junior Reserve 
Officers' Training Corps specified in subsection (a) is achieved.
    SEC. 549. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT 
      AMOUNTS.
    (a) Correction and Payment Authority.--
        (1) Consideration of requests for correction.--The Secretary of 
    the Army may consider, through the Army Board for the Correction of 
    Military Records, a request for the correction of military records 
    relating to the amount of the Army College Fund benefit to which a 
    member or former member of the Armed Forces may be entitled under 
    an Army Incentive Program contract.
        (2) Payment authority.--If the Secretary of the Army determines 
    that the correction of military records is appropriate in response 
    to a request received under paragraph (1), the Secretary may pay 
    such amounts as the Secretary considers necessary to ensure 
    fairness and equity with regard to the request.
    (b) Exception to Payment Limits.--A payment under subsection (a)(2) 
may be made without regard to any limits on the total combined amounts 
established for the Army College Fund and the Montgomery G.I. Bill.
    (c) Funding Source.--Payments under subsection (a)(2) shall be made 
solely from funds appropriated for military personnel programs for 
fiscal year 2009.
    (d) Termination Date.--No payment may be made under subsection 
(a)(2) after December 31, 2009.
    SEC. 550. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE ACCESSIBILITY 
      AND FLEXIBILITY FOR MEMBERS OF THE ARMED FORCES.
    (a) Authority.--The Secretary of a military department may enter 
into one or more education partnership agreements with educational 
institutions in the United States for the purpose of--
        (1) developing plans to improve the accessibility and 
    flexibility of college courses available to eligible members of the 
    Armed Forces;
        (2) improving the application process for the Armed Forces 
    tuition assistance programs and raising awareness regarding 
    educational opportunities available to such members;
        (3) developing curriculum, distance education programs, and 
    career counseling designed to meet the professional, financial, 
    academic, and social needs of such members; and
        (4) assessing how resources may be applied more effectively to 
    meet the educational needs of such members.
    (b) Cost.--Except as provided in this section, execution of an 
education partnership agreement with an educational institution shall 
be at no cost to the Government.
    (c) Educational Institution Defined.--In this section, the term 
``educational institution'' means an accredited college, university, or 
technical school in the United States.

               Subtitle F--Defense Dependents' Education

    SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL 
      AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES 
      AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
    (a) Assistance to Schools With Significant Numbers of Military 
Dependent Students.--Of the amount authorized to be appropriated for 
fiscal year 2009 pursuant to section 301(5) for operation and 
maintenance for Defense-wide activities, $35,000,000 shall be available 
only for the purpose of providing assistance to local educational 
agencies under subsection (a) of section 572 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
3271; 20 U.S.C. 7703b).
    (b) Assistance to Schools With Enrollment Changes Due to Base 
Closures, Force Structure Changes, or Force Relocations.--Of the amount 
authorized to be appropriated for fiscal year 2009 pursuant to section 
301(5) for operation and maintenance for Defense-wide activities, 
$15,000,000 shall be available only for the purpose of providing 
assistance to local educational agencies under subsection (b) of such 
section 572.
    (c) Local Educational Agency Defined.--In this section, the term 
``local educational agency'' has the meaning given that term in section 
8013(9) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7713(9)).
    SEC. 552. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
    Of the amount authorized to be appropriated for fiscal year 2009 
pursuant to section 301(5) for operation and maintenance for Defense-
wide activities, $5,000,000 shall be available for payments under 
section 363 of the Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 
Stat. 1654A-77; 20 U.S.C. 7703a).
    SEC. 553. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL 
      EDUCATIONAL AGENCIES.
    Subsection (d) of section 574 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2227; 20 U.S.C. 7703b note) is amended to read as follows:
    ``(d) Transition of Military Dependents Among Local Educational 
Agencies.--(1) The Secretary of Defense shall work collaboratively with 
the Secretary of Education in any efforts to ease the transitions of 
military dependent students from Department of Defense dependent 
schools to other schools and among schools of local educational 
agencies.
    ``(2) The Secretary of Defense may use funds of the Department of 
Defense Education Activity for the following purposes:
        ``(A) To share expertise and experience of the Activity with 
    local educational agencies as military dependent students make the 
    transitions described in paragraph (1), including transitions 
    resulting from the closure or realignment of military installations 
    under a base closure law, global rebasing, and force restructuring.
        ``(B) To provide programs for local educational agencies with 
    military dependent students undergoing the transitions described in 
    paragraph (1), including--
            ``(i) distance learning programs; and
            ``(ii) training programs to improve the ability of military 
        dependent students who attend public schools in the United 
        States and their teachers to meet the educational needs of such 
        students.
    ``(3) The authority provided by this subsection expires September 
30, 2013.''.
    SEC. 554. CALCULATION OF PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED 
      CHILDREN UNDER DEPARTMENT OF EDUCATION'S IMPACT AID PROGRAM.
    In fiscal year 2009, section 8003(a)(2)(C)(i) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) shall be 
applied by substituting ``5,000'' for ``6,500''.

                      Subtitle G--Military Justice

    SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.
    (a) In General.--Chapter 80 of title 10, United States Code, is 
amended by adding at the end the following new section:
``SEC. 1567. DURATION OF MILITARY PROTECTIVE ORDERS.
    ``A military protective order issued by a military commander shall 
remain in effect until such time as the military commander terminates 
the order or issues a replacement order.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1567. Duration of military protective orders.''.
    SEC. 562. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE 
      ORDER TO CIVILIAN LAW ENFORCEMENT.
    (a) In General.--Chapter 80 of title 10, United States Code, is 
amended by inserting after section 1567, as added by section 561, the 
following new section:
``SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE 
ORDER TO CIVILIAN LAW ENFORCEMENT.
    ``(a) Initial Notification.--In the event a military protective 
order is issued against a member of the armed forces and any individual 
involved in the order does not reside on a military installation at any 
time during the duration of the military protective order, the 
commander of the military installation shall notify the appropriate 
civilian authorities of--
        ``(1) the issuance of the protective order; and
        ``(2) the individuals involved in the order.
    ``(b) Notification of Changes or Termination.--The commander of the 
military installation also shall notify the appropriate civilian 
authorities of--
        ``(1) any change made in a protective order covered by 
    subsection (a); and
        ``(2) the termination of the protective order.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1567 the following new item:

``1567a. Mandatory notification of issuance of military protective order 
          to civilian law enforcement.''.
    SEC. 563. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL ASSAULT 
      INCIDENTS IN THE ARMED FORCES.
    (a) Database Required.--The Secretary of Defense shall implement a 
centralized, case-level database for the collection, in a manner 
consistent with Department of Defense regulations for restricted 
reporting, and maintenance of information regarding sexual assaults 
involving a member of the Armed Forces, including information, if 
available, about the nature of the assault, the victim, the offender, 
and the outcome of any legal proceedings in connection with the 
assault.
    (b) Availability of Database.--The database required by subsection 
(a) shall be available to personnel of the Sexual Assault Prevention 
and Response Office of the Department of Defense.
    (c) Implementation.--
        (1) Plan for implementation.--Not later than 90 days after the 
    date of the enactment of this Act, the Secretary of Defense shall 
    submit to the congressional defense committees a plan to provide 
    for the implementation of the database required by subsection (a).
        (2) Relation to defense incident-based reporting system.--Not 
    later than 180 days after the date of enactment of this Act, the 
    Secretary of Defense shall submit to the Committees on Armed 
    Services of the Senate and House of Representatives a report 
    containing--
            (A) a description of the current status of the Defense 
        Incident-Based Reporting System; and
            (B) an explanation of how the Defense Incident-Based 
        Reporting System will relate to the database required by 
        subsection (a).
        (3) Completion.--Not later than 15 months after the date of 
    enactment of this Act, the Secretary shall complete implementation 
    of the database required by subsection (a).
    (d) Reports.--The database required by subsection (a) shall be used 
to develop and implement congressional reports, as required by--
        (1) section 577(f) of the Ronald W. Reagan National Defense 
    Authorization Act for Fiscal Year 2005 (Public Law 108-375);
        (2) section 596(c) of the National Defense Authorization Act 
    for Fiscal Year 2006 (Public Law 109-163);
        (3) section 532 of the John Warner National Defense 
    Authorization Act for Fiscal Year 2007 (Public Law 109-364); and
        (4) sections 4361, 6980, and 9361 of title 10, United States 
    Code.
    (e) Terminology.--Section 577(b) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) is 
amended by adding at the end the following new paragraph:
        ``(12) The Secretary shall implement clear, consistent, and 
    streamlined sexual assault terminology for use throughout the 
    Department of Defense.''.

        Subtitle H--Decorations, Awards, and Honorary Promotions

    SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.
    (a) Replacement Required.--Chapter 57 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 1135. Replacement of military decorations
    ``(a) Replacement.--In addition to other authorities available to 
the Secretary concerned to replace a military decoration, the Secretary 
concerned shall replace, on a one-time basis and without charge, a 
military decoration upon the request of the recipient of the military 
decoration or the immediate next of kin of a deceased recipient.
    ``(b) Military Decoration Defined.--In this section, the term 
`decoration' means any decoration or award (other than the medal of 
honor) that may be presented or awarded by the President or the 
Secretary concerned to a member of the armed forces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1135. Replacement of military decorations.''.
    SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO 
      RICHARD L. ETCHBERGER FOR ACTS OF VALOR DURING THE VIETNAM WAR.
    (a) Authorization.--Notwithstanding the time limitations specified 
in section 8744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals to persons 
who served in the Armed Forces, the President is authorized and 
requested to award the Medal of Honor under section 8741 of such title 
to former Chief Master Sergeant Richard L. Etchberger for the acts of 
valor during the Vietnam War described in subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of then Chief Master Sergeant Richard L. 
Etchberger as Ground Radar Superintendent of Detachment 1, 1043rd Radar 
Evaluation Squadron on March 11, 1968, during the Vietnam War for which 
he was originally awarded the Air Force Cross.

                     Subtitle I--Military Families

    SEC. 581. PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE AND 
      CHILDREN OF DECEASED MEMBERS OF THE ARMED FORCES.
    (a) Inclusion of Surviving Spouse and Children; Consolidation of 
Flag-Related Authorities.--Subsection (e) of section 1482 of title 10, 
United States Code, is amended--
        (1) by designating the current text as paragraph (2) and 
    redesignating current paragraphs (1) and (2) as subparagraphs (A) 
    and (B), respectively;
        (2) by inserting before paragraph (2), as so designated, the 
    following:
    ``(e) Presentation of Flag of the United States.--(1) In the case 
of a decedent covered by section 1481 of this title, the Secretary 
concerned may pay the necessary expenses for the presentation of a flag 
of the United States to the following persons:
        ``(A) The person designated under subsection (c) to direct 
    disposition of the remains of the decedent.
        ``(B) The parents or parent of the decedent, if the person to 
    be presented a flag under subparagraph (A) is other than a parent 
    of the decedent.
        ``(C) The surviving spouse of the decedent (including a 
    surviving spouse who remarries after the decedent's death), if the 
    person to be presented a flag under subparagraph (A) is other than 
    the surviving spouse.
        ``(D) Each child of the decedent, regardless of whether the 
    person to be presented a flag under subparagraph (A) is a child of 
    the decedent.''; and
        (3) by inserting at the end the following new paragraphs:
    ``(3) A flag to be presented to a person under subparagraph (B), 
(C), or (D) of paragraph (1) shall be of equal size to the flag 
presented under subparagraph (A) of such paragraph to the person 
designated to direct disposition of the remains of the decedent.
    ``(4) This subsection does not apply to a military prisoner who 
dies while in the custody of the Secretary concerned and while under a 
sentence that includes a discharge.
    ``(5) In this subsection:
        ``(A) The term `parent' includes a natural parent, a 
    stepparent, a parent by adoption, or a person who for a period of 
    not less than one year before the death of the decedent stood in 
    loco parentis to the decedent. Preference under paragraph (1)(B) 
    shall be given to the persons who exercised a parental relationship 
    at the time of, or most nearly before, the death of the decedent.
        ``(B) The term `child' has the meaning prescribed by section 
    1477(d) of this title.''.
    (b) Repeal of Superseded Provisions.--Subsection (a) of such 
section is amended by striking paragraphs (10) and (11).
    SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR MILITARY 
      SPOUSES.
    (a) Employment and Portable Career Opportunities for Spouses.--
Subchapter I of chapter 88 of title 10, United States Code, is amended 
by inserting after section 1784 the following new section:
``Sec. 1784a. Education and training opportunities for military spouses 
     to expand employment and portable career opportunities
    ``(a) Programs and Tuition Assistance.--(1) The Secretary of 
Defense may establish programs to assist the spouse of a member of the 
armed forces described in subsection (b) in achieving--
        ``(A) the education and training required for a degree or 
    credential at an accredited college, university, or technical 
    school in the United States that expands employment and portable 
    career opportunities for the spouse; or
        ``(B) the education prerequisites and professional licensure or 
    credential required, by a government or government sanctioned 
    licensing body, for an occupation that expands employment and 
    portable career opportunities for the spouse.
    ``(2) As an alternative to, or in addition to, establishing a 
program under this subsection, the Secretary may provide tuition 
assistance to an eligible spouse who is pursuing education, training, 
or a license or credential to expand the spouse's employment and 
portable career opportunities.
    ``(b) Eligible Spouses.--Assistance under this section is limited 
to a spouse of a member of the armed forces who is serving on active 
duty.
    ``(c) Exceptions.--Subsection (b) does not include--
        ``(1) a person who is married to, but legally separated from, a 
    member of the armed forces under court order or statute of any 
    State or territorial possession of the United States; and
        ``(2) a spouse of a member of the armed forces who is also a 
    member of the armed forces.
    ``(d) Portable Career Opportunities Defined.--In this section, the 
term `portable career' includes an occupation identified by the 
Secretary of Defense, in consultation with the Secretary of Labor, as 
requiring education and training that results in a credential that is 
recognized nationwide by industry or specific businesses.
    ``(e) Regulations.--The Secretary of Defense shall prescribe 
regulations to govern the availability and use of assistance under this 
section. The Secretary shall ensure that programs established under 
this section do not result in inequitable treatment for spouses of 
members of the armed forces who are also members, since they are 
excluded from participation in the programs under subsection (c)(2).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 1784 the following new item:

``1784a. Education and training opportunities for military spouses to 
          expand employment and portable career opportunities.''.
    SEC. 583. SENSE OF CONGRESS REGARDING HONOR GUARD DETAILS FOR 
      FUNERALS OF VETERANS.
    It is the sense of Congress that the Secretaries of the military 
departments should, to the maximum extent practicable, provide honor 
guard details for the funerals of veterans as is required under section 
1491 of title 10, United States Code, as added by section 567(b) of 
Public Law 105-261 (112 Stat. 2030).

                       Subtitle J--Other Matters

    SEC. 591. PROHIBITION ON INTERFERENCE IN INDEPENDENT LEGAL ADVICE 
      BY THE LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT CHIEFS OF 
      STAFF.
    Section 156(d) of title 10, United States Code, is amended--
        (1) by inserting ``(1)'' before ``The Legal Counsel''; and
        (2) by adding at the end the following new paragraph:
    ``(2) No officer or employee of the Department of Defense may 
interfere with the ability of the Legal Counsel to give independent 
legal advice to the Chairman of the Joint Chiefs of Staff and to the 
Joint Chiefs of Staff.''.
    SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARISING FROM 
      CORRECTION OF MILITARY RECORDS.
    (a) Interest Payable on Claims.--Subsection (c) of section 1552 of 
title 10, United States Code, is amended by adding at the end the 
following new paragraph:
    ``(4) If the correction of military records under this section 
involves setting aside a conviction by court-martial, the payment of a 
claim under this subsection in connection with the correction of the 
records shall include interest at a rate to be determined by the 
Secretary concerned, unless the Secretary determines that the payment 
of interest is inappropriate under the circumstances. If the payment of 
the claim is to include interest, the interest shall be calculated on 
an annual basis, and compounded, using the amount of the lost pay, 
allowances, compensation, emoluments, or other pecuniary benefits 
involved, and the amount of any fine or forfeiture paid, beginning from 
the date of the conviction through the date on which the payment is 
made.''.
    (b) Clerical Amendments.--Subsection (c) of such section is further 
amended--
        (1) by redesignating paragraphs (1), (2), and (3) as 
    subparagraphs (A), (B), and (C), respectively;
        (2) by inserting ``(1)'' after ``(c)'';
        (3) by striking ``If the claimant'' and inserting the 
    following:
    ``(2) If the claimant''; and
        (4) by striking ``A claimant's acceptance'' and inserting the 
    following:
    ``(3) A claimant's acceptance''.
    (c) Retroactive Effectiveness of Amendments.--The amendment made by 
subsection (a) shall apply with respect to any sentence of a court-
martial set aside by a Corrections Board on or after October 1, 2007, 
when the Corrections Board includes an order or recommendation for the 
payment of a claim for the loss of pay, allowances, compensation, 
emoluments, or other pecuniary benefits, or for the repayment of a fine 
or forfeiture, that arose as a result of the conviction. In this 
subsection, the term ``Corrections Board'' has the meaning given that 
term in section 1557 of title 10, United States Code.
    SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL OF 
      AGENCIES RESPONSIBLE FOR REVIEW AND CORRECTION OF MILITARY 
      RECORDS.
    Section 1559(a) of title 10, United States Code, is amended by 
striking ``October 1, 2008'' and inserting ``December 31, 2010''.
    SEC. 594. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER NATIONAL 
      GUARD YOUTH CHALLENGE PROGRAM.
    (a) In General.--Subsection (d) of section 509 of title 32, United 
States Code, is amended to read as follows:
    ``(d) Matching Funds Required.--(1) The amount of assistance 
provided by the Secretary of Defense to a State program of the Program 
for a fiscal year under this section may not exceed 60 percent of the 
costs of operating the State program during that fiscal year.
    ``(2) The limitation in paragraph (1) may not be construed as a 
limitation on the amount of assistance that may be provided to a State 
program of the Program for a fiscal year from sources other than the 
Department of Defense.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2008, and shall apply with respect to fiscal 
years beginning on or after that date.
    SEC. 595. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL ANTHEM 
      BY MEMBERS OF THE ARMED FORCES NOT IN UNIFORM AND BY VETERANS.
    Section 301(b)(1) of title 36, United States Code, is amended by 
striking subparagraphs (A) through (C) and inserting the following new 
subparagraphs:
            ``(A) individuals in uniform should give the military 
        salute at the first note of the anthem and maintain that 
        position until the last note;
            ``(B) members of the Armed Forces and veterans who are 
        present but not in uniform may render the military salute in 
        the manner provided for individuals in uniform; and
            ``(C) all other persons present should face the flag and 
        stand at attention with their right hand over the heart, and 
        men not in uniform, if applicable, should remove their 
        headdress with their right hand and hold it at the left 
        shoulder, the hand being over the heart; and''.
    SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION.
    (a) Establishment of Commission.--There is hereby established a 
commission to be known as the ``Military Leadership Diversity 
Commission'' (in this section referred to as the ``commission'').
    (b) Composition.--
        (1) Membership.--The commission shall be composed of the 
    following members:
            (A) The Director of the Defense Manpower Management Center.
            (B) The Director of the Defense Equal Opportunity 
        Management Institute.
            (C) A commissioned officer from each of the Army, Navy, Air 
        Force, and Marine Corps who serves or has served in a 
        leadership position with either a military department command 
        or combatant command.
            (D) A retired general or flag officer from each of the 
        Army, Navy, Air Force, and Marine Corps.
            (E) A retired noncommissioned officer from each of the 
        Army, Navy, Air Force, and Marine Corps.
            (F) Five retired commissioned officers who served in 
        leadership positions with either a military department command 
        or combatant command, of whom no less than three shall 
        represent the views of minority veterans.
            (G) Four individuals with expertise in cultivating diverse 
        leaders in private or non-profit organizations.
            (H) An attorney with appropriate experience and expertise 
        in constitutional and legal matters related to the duties and 
        responsibilities of the commission.
        (2) Appointment.--The members of the commission referred to in 
    subparagraphs (C) through (H) of paragraph (1) shall be appointed 
    by the Secretary of Defense.
        (3) Chairman.--The Secretary of Defense shall designate one 
    member described in paragraphs (1)(F) or (1)(G) as chairman of the 
    commission.
        (4) Period of appointment; vacancies.--Members shall be 
    appointed for the life of the commission. Any vacancy in the 
    commission shall be filled in the same manner as the original 
    appointment.
        (5) Deadline for appointment.--All members of the commission 
    shall be appointed not later than 60 days after the date of the 
    enactment of this Act.
        (6) Quorum.--Fifteen members of the commission shall constitute 
    a quorum but a lesser number may hold hearings.
    (c) Meetings.--
        (1) Initial meeting.--The commission shall conduct its first 
    meeting not later than 30 days after the date on which a majority 
    of the appointed members of the commission have been appointed.
        (2) Meetings.--The commission shall meet at the call of the 
    chairman.
    (d) Duties.--
        (1) Study.--The commission shall conduct a comprehensive 
    evaluation and assessment of policies that provide opportunities 
    for the promotion and advancement of minority members of the Armed 
    Forces, including minority members who are senior officers.
        (2) Scope of study.--In carrying out the study, the commission 
    shall examine the following:
            (A) The efforts to develop and maintain diverse leadership 
        at all levels of the Armed Forces.
            (B) The successes and failures of developing and 
        maintaining a diverse leadership, particularly at the general 
        and flag officer positions.
            (C) The effect of expanding Department of Defense secondary 
        educational programs to diverse civilian populations, to 
        include military service academy preparatory schools.
            (D) The ability of current recruitment and retention 
        practices to attract and maintain a diverse pool of qualified 
        individuals in sufficient numbers in officer pre-commissioning 
        programs.
            (E) The ability of current activities to increase 
        continuation rates for ethnic-and gender-specific members of 
        the Armed Forces.
            (F) The benefits of conducting an annual conference 
        attended by civilian military, active-duty and retired 
        military, and corporate leaders on diversity, to include a 
        review of current policy and the annual demographic data from 
        the Defense Equal Opportunity Management Institute.
            (G) The status of prior recommendations made to the 
        Department of Defense and to Congress concerning diversity 
        initiatives within the Armed Forces.
            (H) The incorporation of private sector practices that have 
        been successful in cultivating diverse leadership.
            (I) The establishment and maintenance of fair promotion and 
        command opportunities for ethnic- and gender-specific members 
        of the Armed Forces at the O-5 grade level and above.
            (J) An assessment of pre-command billet assignments of 
        ethnic-specific members of the Armed Forces.
            (K) An assessment of command selection of ethnic-specific 
        members of the Armed Forces.
            (L) The development of a uniform definition, to be used 
        throughout the Department of Defense, of diversity that is 
        congruent with the core values and vision of the Department for 
        the future workforce.
            (M) The existing metrics and milestones for evaluating the 
        diversity plans of the Department (including the plans of the 
        military departments) and for facilitating future evaluation 
        and oversight.
            (N) The existence and maintenance of fair promotion, 
        assignment, and command opportunities for ethnic- and gender-
        specific members of the Armed Forces at the levels of warrant 
        officer, chief warrant officer, company and junior grade, field 
        and mid-grade, and general and flag officer.
            (O) The current institutional structure of the Office of 
        Diversity Management and Equal Opportunity of the Department, 
        and of similar officers of the military departments, and their 
        ability to ensure effective and accountable diversity 
        management across the Department.
            (P) The options available for improving the substance or 
        implementation of current plans and policies of the Department 
        and the military departments.
        (3) Consultation with private parties.--In carrying out the 
    study under this subsection, the commission may consult with 
    appropriate private, for profit, and non-profit organizations and 
    advocacy groups to learn methods for developing, implementing, and 
    sustaining senior diverse leadership within the Department of 
    Defense.
    (e) Reports.--
        (1) In general.--Not later than 12 months after the date on 
    which the commission first meets, the commission shall submit to 
    the President and Congress a report on the study. The report shall 
    include the following:
            (A) The findings and conclusions of the commission.
            (B) The recommendations of the commission for improving 
        diversity within the Armed Forces.
            (C) Such other information and recommendations as the 
        commission considers appropriate.
        (2) Interim reports.--The commission may submit to the 
    President and Congress interim reports as the Commission considers 
    appropriate.
    (f) Powers of the Commission.--
        (1) Hearings.--The commission may hold such hearings, sit and 
    act at such times and places, take such testimony, and receive such 
    evidence as the commission considers appropriate.
        (2) Information from federal agencies.--Upon request by the 
    chairman of the commission, any department or agency of the Federal 
    Government may provide information that the commission considers 
    necessary to carry out its duties.
    (g) Inclusion of Coast Guard.--
        (1) Coast guard representation.--In addition to the members of 
    the commission required by subsection (b), the commission shall 
    include two additional members, appointed by the Secretary of 
    Homeland Security, in consultation with the Commandant of the Coast 
    Guard, as follows:
            (A) A retired flag officer of the Coast Guard.
            (B) A commissioned officer or noncommissioned officer of 
        the Coast Guard on active duty.
        (2) Armed forces defined.--In this section, the term ``Armed 
    Forces'' means the Army, Navy, Air Force, Marine Corps, and Coast 
    Guard.
    (h) Termination of Commission.--The commission shall terminate 60 
days after the date on which the commission submits the report under 
subsection (e)(1).
    SEC. 597. DEMONSTRATION PROJECT ON SERVICE OF RETIRED NURSE CORPS 
      OFFICERS AS FACULTY AT CIVILIAN NURSING SCHOOLS.
    (a) In General.--The Secretary of Defense may conduct a 
demonstration project to encourage retired military nurses to serve as 
faculty at civilian nursing schools.
    (b) Eligibility Requirements.--
        (1) Individual.--An individual is eligible to participate in 
    the demonstration project if the individual--
            (A) is a retired nurse corps officer of one of the Armed 
        Forces;
            (B) has had at least 26 years of active Federal 
        commissioned service before retiring; and
            (C) possesses a doctoral or master degree in nursing that 
        qualifies the officer to become a full faculty member of an 
        accredited school of nursing.
        (2) Institution.--An accredited school of nursing is eligible 
    to participate in the demonstration project if the school or its 
    parent institution of higher education--
            (A) is a school of nursing that is accredited to award, at 
        a minimum, a bachelor of science in nursing and provides 
        educational programs leading to such degree;
            (B) has a resident Reserve Officers' Training Corps unit at 
        the institution of higher education that fulfils the 
        requirements of sections 2101 and 2102 of title 10, United 
        States Code;
            (C) does not prevent Reserve Officers' Training Corps 
        access or military recruiting on campus, as defined in section 
        983 of title 10, United States Code;
            (D) provides any retired nurse corps officer participating 
        in the demonstration project a salary and other compensation at 
        the level to which other similarly situated faculty members of 
        the accredited school of nursing are entitled, as determined by 
        the Secretary of Defense; and
            (E) agrees to comply with subsection (d).
    (c) Compensation.--The Secretary of Defense may authorize a 
Secretary of a military department to authorize qualified institutions 
of higher education to employ as faculty those eligible individuals (as 
described in subsection (b)) who are receiving retired pay, whose 
qualifications are approved by the Secretary and the institution of 
higher education concerned, and who request such employment, subject to 
the following:
        (1) A retired nurse corps officer so employed is entitled to 
    receive the officer's retired pay without reduction by reason of 
    any additional amount paid to the officer by the institution of 
    higher education concerned. In the case of payment of any such 
    additional amount by the institution of higher education concerned, 
    the Secretary of the military department concerned may pay to that 
    institution the amount equal to one-half the amount paid to the 
    retired officer by the institution for any period, up to a maximum 
    of one-half of the difference between the officer's retired pay for 
    that period and the active duty pay and allowances that the officer 
    would have received for that period if on active duty. Payments by 
    the Secretary concerned under this paragraph shall be made from 
    funds specifically appropriated for that purpose.
        (2) Notwithstanding any other provision of law contained in 
    title 10, title 32, or title 37, United States Code, such a retired 
    nurse corps officer is not, while so employed, considered to be on 
    active duty or inactive duty training for any purpose.
    (d) Scholarships for Nurse Officer Candidates.--For purposes of the 
eligibility of an institution under subsection (b)(2)(E), the following 
requirements apply:
        (1) Each accredited school of nursing at which a retired nurse 
    corps officer serves on the faculty under this section shall 
    provide full academic scholarships to individuals undertaking an 
    educational program at such school leading to a bachelor of science 
    in nursing degree who agree, upon completion of such program, to 
    accept a commission as an officer in the nurse corps of one of the 
    Armed Forces.
        (2) The total number of scholarships provided by an accredited 
    school of nursing under paragraph (1) for each officer serving on 
    the faculty of that school under this section shall be such number 
    as the Secretary of Defense shall specify for purposes of this 
    section.
        (3) Each accredited school of nursing shall pay to the 
    Department of Defense an amount equal to the value of the 
    scholarship for every nurse officer candidate who fails to be 
    accessed as a nurse corps officer into one of the Armed Forces 
    within one year of receiving a bachelor of science degree in 
    nursing from that school.
        (4) The Secretary concerned is authorized to discontinue the 
    demonstration project authorized in this section at any institution 
    of higher education that fails to fulfill the requirements of 
    paragraph (3).
    (e) Report.--
        (1) In general.--Not later than 24 months after the 
    commencement of any demonstration project under this section, the 
    Secretary of Defense shall submit to the congressional defense 
    committees a report on the demonstration project. The report shall 
    include a description of the project and a description of plans for 
    the continuation of the project, if any.
        (2) Elements.--The report shall also include, at a minimum, the 
    following:
            (A) The current number of retired nurse corps officers who 
        have at least 26 years of active Federal commissioned service 
        who would be eligible to participate in the program.
            (B) The number of retired nurse corps officers 
        participating in the demonstration project.
            (C) The number of accredited schools of nursing 
        participating in the demonstration project.
            (D) The number of nurse officer candidates who have 
        accessed into the military as commissioned nurse corps 
        officers.
            (E) The number of scholarships awarded to nurse officer 
        candidates.
            (F) The number of nurse officer candidates who have failed 
        to access into the military, if any.
            (G) The amount paid to the Department of Defense in the 
        event any nurse officer candidates awarded scholarships by the 
        accredited school of nursing fail to access into the military 
        as commissioned nurse corps officers.
            (H) The funds expended in the operation of the 
        demonstration project.
            (I) The recommendation of the Secretary of Defense as to 
        whether the demonstration project should be extended.
    (f) Definitions.--In this section, the terms ``school of nursing'' 
and ``accredited'' have the meeting given those terms in section 801 of 
the Public Health Service Act (42 U.S.C. 296).
    (g) Sunset.--The authority in this section shall expire on June 30, 
2014.
    SEC. 598. REPORT ON PLANNING FOR PARTICIPATION AND HOSTING OF THE 
      DEPARTMENT OF DEFENSE IN INTERNATIONAL SPORTS ACTIVITIES, 
      COMPETITIONS, AND EVENTS.
    (a) Report Required.--Not later than October 1, 2009, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report setting forth a 
comprehensive plan for the following:
        (1) The participation by personnel of the Department of Defense 
    in international sports activities, competitions, and events 
    (including the Pan American Games, the Olympic Games, the 
    Paralympic Games, the Military World Games, other activities of the 
    International Military Sports Council (CISM), and the Interallied 
    Confederation of Reserve Officers (CIOR)) through fiscal year 2015.
        (2) The hosting by the Department of Defense of military 
    international sports activities, competitions, and events through 
    fiscal year 2015.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
        (1) A discussion of the military international sports 
    activities, competitions, and events that the Department of Defense 
    intends to seek to host, an estimate of the costs of hosting such 
    activities, competitions, and events that the Department intends to 
    seek to host, and a description of the sources of funding for such 
    costs.
        (2) A discussion of the use and replenishment of funds in the 
    account in the Treasury for the Support for International Sporting 
    Competitions for the hosting of such activities, competitions, and 
    events that the Department intends to seek to host.
        (3) A discussion of the support that may be obtained from other 
    departments and agencies of the Federal Government, State and local 
    governments, and private entities in encouraging participation of 
    members of the Armed Forces in international sports activities, 
    competitions, and events or in hosting of military international 
    sports activities, competitions, and events.
        (4) Such recommendations for legislative or administrative 
    action as the Secretary considers appropriate to implement or 
    enhance planning for the matters described in subsection (a).

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

              Subtitle D--Retired Pay and Survivor Benefits

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

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

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

                        Subtitle F--Other Matters

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

                     Subtitle A--Pay and Allowances

    SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC PAY.
    (a) Waiver of Section 1009 Adjustment.--The adjustment to become 
effective during fiscal year 2009 required by section 1009 of title 37, 
United States Code, in the rates of monthly basic pay authorized 
members of the uniformed services shall not be made.
    (b) Increase in Basic Pay.--Effective on January 1, 2009, the rates 
of monthly basic pay for members of the uniformed services are 
increased by 3.9 percent.
    SEC. 602. PERMANENT EXTENSION OF PROHIBITION ON CHARGES FOR MEALS 
      RECEIVED AT MILITARY TREATMENT FACILITIES BY MEMBERS RECEIVING 
      CONTINUOUS CARE.
    Section 402(h) of title 37, United States Code, is amended--
        (1) in paragraph (1), by striking ``during any month covered by 
    paragraph (3)'' and all that follows through ``this section''; and
        (2) by striking paragraph (3).
    SEC. 603. INCREASE IN MAXIMUM AUTHORIZED PAYMENT OR REIMBURSEMENT 
      AMOUNT FOR TEMPORARY LODGING EXPENSES.
    Section 404a(e) of title 37, United States Code, is amended by 
striking ``$180 a day'' and inserting ``$290 a day''.
    SEC. 604. AVAILABILITY OF SECOND FAMILY SEPARATION ALLOWANCE FOR 
      MARRIED COUPLES WITH DEPENDENTS.
    (a) Availability.--Section 427(d) of title 37, United States Code, 
is amended--
        (1) by inserting ``(1)'' before ``A member'';
        (2) by striking ``Section 421'' and inserting the following:
    ``(3) Section 421'';
        (3) by striking ``However'' and inserting ``Except as provided 
    in paragraph (2)''; and
        (4) by inserting before paragraph (3), as so designated, the 
    following new paragraph:
    ``(2) If a married couple, both of whom are members of the 
uniformed services, with dependents are simultaneously assigned to 
duties described in subparagraph (A), (B), or (C) of subsection (a)(1) 
and the members resided together with their dependents immediately 
before their assignments, the Secretary concerned shall pay each of the 
members the full amount of the monthly allowance specified in such 
subsection until one of the members is no longer assigned to duties 
described in such subparagraphs. Upon expiration of the additional 
allowance, paragraph (1) shall continue to apply to the remaining 
member so long as the member is assigned to duties described in 
subparagraph (A), (B), or (C) of such subsection.''.
    (b) Application of Amendment.--Paragraph (2) of subsection (d) of 
section 427 of title 37, United States Code, as added by subsection 
(a), shall apply with respect to members of the uniformed services 
described in such paragraph who perform service covered by subparagraph 
(A), (B), or (C) of subsection (a)(1) such section on or after October 
1, 2008.
    SEC. 605. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT PAYMENTS 
      FOR RESERVE COMPONENT MEMBERS EXPERIENCING EXTENDED AND FREQUENT 
      MOBILIZATION FOR ACTIVE DUTY SERVICE.
    Section 910(g) of title 37, United States Code, is amended by 
striking ``December 31, 2008'' and inserting ``December 31, 2009''.

           Subtitle B--Bonuses and Special and Incentive Pays

    SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES 
      FOR RESERVE FORCES.
    (a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title 
37, United States Code, is amended by striking ``December 31, 2008'' 
and inserting ``December 31, 2009''.
    (b) Selected Reserve Affiliation or Enlistment Bonus.--Section 
308c(i) of such title is amended by striking ``December 31, 2008'' and 
inserting ``December 31, 2009''.
    (c) Special Pay for Enlisted Members Assigned to Certain High 
Priority Units.--Section 308d(c) of such title is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2009''.
    (d) Ready Reserve Enlistment Bonus for Persons Without Prior 
Service.--Section 308g(f)(2) of such title is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2009''.
    (e) Ready Reserve Enlistment and Reenlistment Bonus for Persons 
With Prior Service.--Section 308h(e) of such title is amended by 
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
    (f) Selected Reserve Enlistment Bonus for Persons With Prior 
Service.--Section 308i(f) of such title is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2009''.
    SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES 
      FOR HEALTH CARE PROFESSIONALS.
    (a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1) 
of title 10, United States Code, is amended by striking ``December 31, 
2008'' and inserting ``December 31, 2009''.
    (b) Repayment of Education Loans for Certain Health Professionals 
Who Serve in the Selected Reserve.--Section 16302(d) of such title is 
amended--
        (1) by striking ``before'' and inserting ``on or before''; and
        (2) by striking ``January 1, 2009'' and inserting ``December 
    31, 2009''.
    (c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of 
title 37, United States Code, is amended by striking ``December 31, 
2008'' and inserting ``December 31, 2009''.
    (d) Incentive Special Pay for Nurse Anesthetists.--Section 
302e(a)(1) of such title is amended by striking ``December 31, 2008'' 
and inserting ``December 31, 2009''.
    (e) Special Pay for Selected Reserve Health Professionals in 
Critically Short Wartime Specialties.--Section 302g(e) of such title is 
amended by striking ``December 31, 2008'' and inserting ``December 31, 
2009''.
    (f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of 
such title is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2009''.
    (g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such 
title is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2009''.
    (h) Accession Bonus for Medical Officers in Critically Short 
Wartime Specialties.--Section 302k(f) of such title is amended by 
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
    (i) Accession Bonus for Dental Specialist Officers in Critically 
Short Wartime Specialties.--Section 302l(g) of such title is amended by 
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
    SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR 
      NUCLEAR OFFICERS.
    (a) Special Pay for Nuclear-Qualified Officers Extending Period of 
Active Service.--Section 312(f) of title 37, United States Code, is 
amended by striking ``December 31, 2008'' and inserting ``December 31, 
2009''.
    (b) Nuclear Career Accession Bonus.--Section 312b(c) of such title 
is amended by striking ``December 31, 2008'' and inserting ``December 
31, 2009''.
    (c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such 
title is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2009''.
    SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER 
      TITLE 37 BONUSES AND SPECIAL PAYS.
    (a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37, 
United States Code, is amended by striking ``December 31, 2008'' and 
inserting ``December 31, 2009''.
    (b) Assignment Incentive Pay.--Section 307a(g) of such title is 
amended by striking ``December 31, 2008'' and inserting ``December 31, 
2009''.
    (c) Reenlistment Bonus for Active Members.--Section 308(g) of such 
title is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2009''.
    (d) Enlistment Bonus.--Section 309(e) of such title is amended by 
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
    (e) Accession Bonus for New Officers in Critical Skills.--Section 
324(g) of such title is amended by striking ``December 31, 2008'' and 
inserting ``December 31, 2009''.
    (f) Incentive Bonus for Conversion to Military Occupational 
Specialty to Ease Personnel Shortage.--Section 326(g) of such title is 
amended by striking ``December 31, 2008'' and inserting ``December 31, 
2009''.
    (g) Accession Bonus for Officer Candidates.--Section 330(f) of such 
title is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2009''.
    (h) Retention Bonus for Members With Critical Military Skills or 
Assigned to High Priority Units.--Section 355(i) of such title, as 
redesignated by section 661(c) of the National Defense Authorization 
Act for Fiscal Year 2008, is amended by striking ``December 31, 2008'' 
and inserting ``December 31, 2009''.
    SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL 
      BONUSES.
    (a) Health Professions Referral Bonus.--Subsection (i) of section 
1030 of title 10, United States Code, as added by section 671(b) of the 
National Defense Authorization Act for Fiscal Year 2008, is amended by 
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
    (b) Army Referral Bonus.--Subsection (h) of section 3252 of title 
10, United States Code, as added by section 671(a) of the National 
Defense Authorization Act for Fiscal Year 2008, is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2009''.
    SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND AMOUNTS AUTHORIZED 
      UNDER NURSE OFFICER CANDIDATE ACCESSION PROGRAM AND HEALTH 
      PROFESSIONS STIPEND PROGRAM.
    (a) Bonus Under Nurse Officer Candidate Accession Program.--Section 
2130a(a)(1) of title 10, United States Code, is amended--
        (1) by striking ``$10,000'' and inserting ``$20,000''; and
        (2) by striking ``$5,000'' and inserting ``$10,000''.
    (b) Monthly Stipend Under Nurse Officer Candidate Accession 
Program.--Section 2130a(a)(2) of title is amended by striking ``of not 
more than $1,000'' and inserting ``in an amount not to exceed the 
stipend rate in effect under section 2121(d) of this title''.
    (c) Monthly Stipend for Students in Nursing or Other Health 
Professions Under Health Professions Stipend Program.--Section 
16201(e)(2)(A) of title is amended by striking ``stipend of $100 per 
month'' and inserting ``monthly stipend in an amount not to exceed the 
stipend rate in effect under section 2121(d) of this title''.
    SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCENTIVE PAY 
      AGREEMENTS FOR SERVICE.
    Section 312(a)(3) of title 37, United States Code, is amended by 
striking ``three, four, or five years'' and inserting ``not less than 
three years''.
    SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDATION OF SPECIAL PAY, 
      INCENTIVE PAY, AND BONUS AUTHORITIES OF THE UNIFORMED SERVICES.
    (a) Eligibility Requirements for Nuclear Officer Bonus and 
Incentive Pay.--Section 333 of title 37, United States Code, is 
amended--
        (1) in subsection (a)(2), by striking ``and operational''; and
        (2) in subsection (b)(2), by striking ``and operational''.
    (b) Relationship of Aviation Incentive Pay to Other Pay and 
Allowances.--Section 334(f)(1) of such title is amended by striking 
``section 351'' and inserting ``section 351(a)(2)''.
    (c) Health Professions Incentive Pay.--Section 335(e)(1)(D)(i) of 
such title is amended by striking ``dental surgeons'' and inserting 
``dental officers''.
    (d) No Pro-Rated Payment of Certain Hazardous Duty Pays.--Section 
351(c) of such title is amended by striking ``subsection (a)'' and 
inserting ``paragraph (1) or (3) of subsection (a)''.
    (e) Availability of Hazardous Duty Pay.--Section 351(f) of such 
title is amended--
        (1) by striking ``in administering subsection (a)'' and 
    inserting ``in connection with determining whether a triggering 
    event has occurred for the provision of hazardous duty pay under 
    subsection (a)(1)''; and
        (2) by striking the last sentence.
    SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY BONUS 
      AUTHORITIES TO ENCOURAGE TRAINING IN CRITICAL FOREIGN LANGUAGES 
      AND FOREIGN CULTURAL STUDIES AND AUTHORIZATION OF INCENTIVE PAY 
      FOR MEMBERS OF PRECOMMISSIONING PROGRAMS PURSUING FOREIGN 
      LANGUAGE PROFICIENCY.
    (a) Eligibility for Skill Proficiency Bonus.--
        (1) Eligibility.--Subsection (b) of section 353 of title 37, 
    United States Code, is amended to read as follows:
    ``(b) Skill Proficiency Bonus.--
        ``(1) Availability; eligible persons.--The Secretary concerned 
    may pay a proficiency bonus to a member of a regular or reserve 
    component of the uniformed services who--
            ``(A) is entitled to basic pay under section 204 of this 
        title or compensation under section 206 of this title or is 
        enrolled in an officer training program; and
            ``(B) is determined to have, and maintains, certified 
        proficiency under subsection (d) in a skill designated as 
        critical by the Secretary concerned or is in training to 
        acquire proficiency in a critical foreign language or expertise 
        in foreign cultural studies or a related skill designated as 
        critical by the Secretary concerned.
        ``(2) Inclusion of certain senior rotc members.--A proficiency 
    bonus may be paid under this subsection to a student who is 
    enrolled in the Senior Reserve Officers' Training Corps program 
    even though the student is in the first year of the four-year 
    course under the program. During the period covered by the 
    proficiency bonus, the student shall also be entitled to a monthly 
    subsistence allowance under section 209(c) of this title even 
    though the student has not entered into an agreement under section 
    2103a of title 10. However, if the student receives incentive pay 
    under subsection (g)(2) for the same period, the student may 
    receive only a single monthly subsistence allowance under section 
    209(c) of this title.''.
        (2) Availability of incentive pay for participation in foreign 
    language education or training programs.--Such section is further 
    amended--
            (A) by redesignating subsections (g), (h), and (i) as 
        subsections (h), (i), and (j), respectively; and
            (B) by inserting after subsection (f) the following new 
        subsection (g):
    ``(g) Foreign Language Studies in Officer Training Programs.--
        ``(1) Availability of incentive pay.--The Secretary concerned 
    may pay incentive pay to a person enrolled in an officer training 
    program to also participate in an education or training program to 
    acquire proficiency in a critical foreign language or expertise in 
    foreign cultural studies or a related skill designated as critical 
    by the Secretary concerned.
        ``(2) Inclusion of certain senior rotc members.--Incentive pay 
    may be paid under this subsection to a student who is enrolled in 
    the Senior Reserve Officers' Training Corps program even though the 
    student is in the first year of the four-year course under the 
    program. While the student receives the incentive pay, the student 
    shall also be entitled to a monthly subsistence allowance under 
    section 209(c) of this title even though the student has not 
    entered into an agreement under section 2103a of title 10. However, 
    if the student receives a proficiency bonus under subsection (b)(2) 
    covering the same month, the student may receive only a single 
    monthly subsistence allowance under section 209(c) of this title.
        ``(3) Critical foreign language defined.--In this section, the 
    term `critical foreign language' includes Arabic, Korean, Japanese, 
    Chinese, Pashto, Persian-Farsi, Serbian-Croatian, Russian, 
    Portuguese, or other language designated as critical by the 
    Secretary concerned.''.
    (b) Incentive Pay Authorized.--
        (1) In general.--Chapter 5 of title 37, United States Code, is 
    amended by inserting after section 316 the following new section:
``Sec. 316a. Special pay: incentive pay for members of precommissioning 
    programs pursuing foreign language proficiency
    ``(a) Incentive Pay.--The Secretary of Defense may pay incentive 
pay under this section to an individual who--
        ``(1) is enrolled as a member of the Senior Reserve Officers' 
    Training Corps or the Marine Corps Platoon Leaders Class, as 
    determined in accordance with regulations prescribed by the 
    Secretary of Defense under subsection (e); and
        ``(2) participates in a language immersion program approved for 
    purposes of the Senior Reserve Officers' Training Corps, or in 
    study abroad, or is enrolled in an academic course that involves 
    instruction in a foreign language of strategic interest to the 
    Department of Defense as designated by the Secretary of Defense for 
    purposes of this section.
    ``(b) Period of Payment.--Incentive pay is payable under this 
section to an individual described in subsection (a) for the period of 
the individual's participation in the language program or study 
described in paragraph (2) of that subsection.
    ``(c) Amount.--The amount of incentive pay payable to an individual 
under this section may not exceed $3,000 per year.
    ``(d) Repayment.--An individual who is paid incentive pay under 
this section but who does not satisfactorily complete participation in 
the individual's language program or study as described in subsection 
(a)(2), or who does not complete the requirements of the Senior Reserve 
Officers' Training Corps or the Marine Corps Platoon Leaders Class, as 
applicable, shall be subject to the repayment provisions of section 
303a(e) of this title.
    ``(e) Regulations.--This section shall be administered under 
regulations prescribed by the Secretary of Defense.
    ``(f) Reports.--Not later than January 1, 2010, and annually 
thereafter through 2014, the Secretary of Defense shall submit to the 
Director of the Office of Management and Budget, and to Congress, a 
report on the payment of incentive pay under this section during the 
preceding fiscal year. Each report shall include, for the fiscal year 
covered by such report, the following:
        ``(1) The number of individuals paid incentive pay under this 
    section, the number of individuals commencing receipt of incentive 
    pay under this section, and the number of individuals ceasing 
    receipt of incentive pay under this section.
        ``(2) The amount of incentive pay paid to individuals under 
    this section.
        ``(3) The aggregate amount recouped under section 303a(e) of 
    this title in connection with receipt of incentive pay under this 
    section.
        ``(4) The languages for which incentive pay was paid under this 
    section, including the total amount paid for each such language.
        ``(5) The effectiveness of incentive pay under this section in 
    assisting the Department of Defense in securing proficiency in 
    foreign languages of strategic interest to the Department of 
    Defense, including a description of how recipients of pay under 
    this section are assigned and utilized following completion of the 
    program of study.
    ``(g) Termination of Authority.--No incentive pay may be paid under 
this section after December 31, 2013.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 5 of such title is amended by inserting after the item 
    relating to section 316 the following new item:

``316a. Special pay: incentive pay for members of precommissioning 
          programs pursuing foreign language proficiency.''.

    (c) Pilot Program for Foreign Language Proficiency Training for 
Reserve Members.--
        (1) Pilot program required.--The Secretary of Defense shall 
    conduct a pilot program to provide a skill proficiency bonus under 
    section 353(b) of title 37, United States Code, to a member of a 
    reserve component of the uniformed services who is entitled to 
    compensation under section 206 of such title while the member 
    participates in an education or training program to acquire 
    proficiency in a critical foreign language or expertise in foreign 
    cultural studies or a related skill designated as critical under 
    such section 353.
        (2) Duration of pilot program.--The Secretary shall conduct the 
    pilot program during the period beginning on October 1, 2008, and 
    ending on December 31, 2013. Incentive pay may not be provided 
    under the pilot program after December 31, 2013.
        (3) Reporting requirement.--Not later than March 31, 2012, the 
    Secretary shall submit to Congress a report containing the results 
    of the pilot program and the recommendations of the Secretary 
    regarding whether to continue or expand the pilot program.
    (d) Expedited Implementation.--Notwithstanding section 662 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a 
military department may immediately implement the amendments made by 
subsection (a) in order to ensure the prompt availability of 
proficiency bonuses and incentive pay under section 353 of title 37, 
United States Code, as amended by such subsections, for persons 
enrolled in officer training programs.
    SEC. 620. ACCESSION AND RETENTION BONUSES FOR THE RECRUITMENT AND 
      RETENTION OF OFFICERS IN CERTAIN HEALTH PROFESSIONS.
    (a) Targeted Bonus Authority to Increase Direct Accessions.--
        (1) Designation of critically short wartime health 
    specialties.--For purposes of section 335 of title 37, United 
    States Code, as added by section 661 of the National Defense 
    Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
    Stat. 169), the following health professions are designated as a 
    critically short wartime specialty under subsection (a)(2) of such 
    section:
            (A) Psychologists who have been awarded a diploma as a 
        Diplomate in Psychology by the American Board of Professional 
        Psychology and are fully licensed and such other mental health 
        practitioners as the Secretary concerned determines to be 
        necessary.
            (B) Registered nurses.
        (2) Special agreement authority.--Under the authority provided 
    by this section, the Secretary concerned may enter into an 
    agreement under subsection (f) of section 335 of title 37, United 
    States Code, to pay a health professions bonus under such section 
    to a person who accepts a commission or appointment as an officer 
    and whose health profession specialty is specified in paragraph (1) 
    of this subsection.
        (3) Secretary concerned defined.--In this subsection, the term 
    ``Secretary concerned'' has the meaning given that term in section 
    101(5) of title 37, United States Code.
        (4) Effective period.--The designations made by this subsection 
    and the authority to enter into an agreement under paragraph (2) of 
    this subsection expire on September 30, 2010.
    (b) Accession and Retention Bonuses for Psychologists.--
        (1) In general.--Chapter 5 of title 37, United States Code, is 
    amended by inserting after section 302c the following new section:
``Sec. 302c-1. Special pay: accession and retention bonuses for 
      psychologists
    ``(a) Accession Bonus.--
        ``(1) Accession bonus authorized.--A person described in 
    paragraph (2) who executes a written agreement described in 
    subsection (d) to accept a commission as an officer of the armed 
    forces and remain on active duty for a period of not less than four 
    consecutive years may, upon acceptance of the agreement by the 
    Secretary concerned, be paid an accession bonus in an amount, 
    subject to subsection (c)(1), determined by the Secretary 
    concerned.
        ``(2) Eligible persons.--A person described in paragraph (1) is 
    any person who--
            ``(A) is a graduate of an accredited school of psychology; 
        and
            ``(B) holds a valid State license to practice as a doctoral 
        level psychologist.
        ``(3) Limitation on eligibility.--A person may not be paid a 
    bonus under this subsection if--
            ``(A) the person, in exchange for an agreement to accept an 
        appointment as an officer, received financial assistance from 
        the Department of Defense to pursue a course of study in 
        psychology; or
            ``(B) the Secretary concerned determines that the person is 
        not qualified to become and remain certified as a psychologist.
    ``(b) Multiyear Retention Bonus.--
        ``(1) Retention bonus authorized.--An officer described in 
    paragraph (2) who executes a written agreement described in 
    subsection (d) to remain on active duty for up to four years after 
    completion of any other active-duty service commitment may, upon 
    acceptance of the agreement by the Secretary concerned, be paid a 
    retention bonus as provided in this section.
        ``(2) Eligible officers.--An officer described in paragraph (1) 
    is an officer of the armed forces who--
            ``(A) is a psychologist of the armed forces;
            ``(B) is in a pay grade below pay grade O-7;
            ``(C) has at least eight years of creditable service 
        (computed as described in section 302b(f) of this title) or has 
        completed any active-duty service commitment incurred for 
        psychology education and training;
            ``(D) has completed initial residency training (or will 
        complete such training before September 30 of the fiscal year 
        in which the officer enters into the agreement under this 
        subsection); and
            ``(E) holds a valid State license to practice as a doctoral 
        level psychologist.
    ``(c) Maximum Amount of Bonus.--
        ``(1) Accession bonus.--The amount of an accession bonus under 
    subsection (a) may not exceed $400,000.
        ``(2) Retention bonus.--The amount of a retention bonus under 
    subsection (b) may not exceed $25,000 for each year of the 
    agreement of the officer concerned.
    ``(d) Agreement.--The agreement referred to in subsections (a) and 
(b) shall provide that, consistent with the needs of the armed force 
concerned, the person or officer executing the agreement will be 
assigned to duty, for the period of obligated service covered by the 
agreement, as an officer of such armed force as a psychologist.
    ``(e) Repayment.--
        ``(1) Accession bonus.--A person who, after signing an 
    agreement under subsection (a), is not commissioned as an officer 
    of the armed forces, does not become licensed as a psychologist, or 
    does not complete the period of active duty specified in the 
    agreement shall be subject to the repayment provisions of section 
    303a(e) of this title.
        ``(2) Retention bonus.--An officer who does not complete the 
    period of active duty specified in the agreement entered into under 
    subsection (b) shall be subject to the repayment provisions of 
    section 303a(e) of this title.
    ``(f) Termination of Authority.--No agreement under subsection (a) 
or (b) may be entered into after December 31, 2009.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 5 of such title is amended by inserting after the item 
    relating to section 302c the following new item:

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

            Subtitle C--Travel and Transportation Allowances

    SEC. 621. SPECIAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF 
      PROFESSIONAL BOOKS AND EQUIPMENT FOR SPOUSES.
    Section 406(b)(1)(D) of title 37, United States Code, is amended--
        (1) by inserting ``(i)'' after ``(D)'';
        (2) in the second sentence of clause (i), as designated by 
    paragraph (1), by striking ``this subparagraph'' and inserting 
    ``this clause'';
        (3) by designating the last sentence as clause (iii) and 
    indenting the margin of such clause, as so designated, two ems from 
    the left margin; and
        (4) by inserting after clause (i), as designated by paragraph 
    (1), the following new clause:
    ``(ii) In addition to the weight allowance authorized for such 
member with dependents under paragraph (C), the Secretary concerned may 
authorize up to an additional 500 pounds in weight allowance for 
shipment of professional books and equipment belonging to the spouse of 
such member.''.
    SEC. 622. SHIPMENT OF FAMILY PETS DURING EVACUATION OF PERSONNEL.
    Section 406(b)(1) of title 37, United States Code, is amended by 
adding at the end the following new subparagraph:
    ``(H)(i) Except as provided in paragraph (2) and subject to clause 
(iii), in connection with an evacuation from a permanent station 
located in a foreign area, a member is entitled to transportation 
(including shipment and payment of any quarantine costs) of family 
household pets.
    ``(ii) A member entitled to transportation under clause (i) may be 
paid reimbursement or, at the member's request, a monetary allowance in 
accordance with the provisions of subparagraph (F) if the member 
secures by commercial means shipment and any quarantining of the pets 
otherwise subject to transportation under clause (i).
    ``(iii) The provision of transportation under clause (i) and the 
payment of reimbursement under clause (ii) shall be subject to such 
regulations as the Secretary of Defense shall prescribe with respect to 
members of the armed forces for purposes of this subparagraph. Such 
regulations may specify limitations on the types, size, and number of 
pets for which transportation may be provided or reimbursement paid.''.

             Subtitle D--Retired Pay and Survivor Benefits

    SEC. 631. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE ON 
      ACTIVE DUTY OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS 
      AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR 
      DEPENDENCY AND INDEMNITY COMPENSATION.
    (a) Extension.--Subsection (m) of section 1450 of title 10, United 
States Code, as added by section 644 of the National Defense 
Authorization Act for Fiscal Year 2008, is amended in paragraph (1)(B) 
by striking ``section 1448(a)(1) of this title'' and inserting 
``subsection (a)(1) of section 1448 of this title or by reason of 
coverage under subsection (d) of such section''.
    (b) Application of Amendment.--The amendment made by subsection (a) 
shall apply with respect to the month beginning on October 1, 2008, and 
subsequent months as provided by paragraph (6) of subsection (m) of 
section 1450 of title 10, United States Code, as added by section 644 
of the National Defense Authorization Act for Fiscal Year 2008.
    SEC. 632. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR BENEFIT 
      PLAN ANNUITIES DUE TO PHASED ELIMINATION OF TWO-TIER ANNUITY 
      COMPUTATION AND SUPPLEMENTAL ANNUITY.
    Effective as of October 28, 2004, and as if included therein as 
enacted, section 644(c) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
1961; 10 U.S.C. 1450 note) is amended by adding at the end the 
following new paragraph:
        ``(3) Savings provision.--If, as a result of the recomputation 
    of annuities under section 1450 of title 10, United States Code, 
    and supplemental survivor annuities under section 1457 of such 
    title, as required by paragraph (1), the total amount of both 
    annuities to be paid to an annuitant for a month would be less 
    (because of the offset required by section 1450(c) of such title 
    for dependency and indemnity compensation) than the amount that 
    would be paid to the annuitant in the absence of recomputation, the 
    Secretary of Defense shall take such actions as are necessary to 
    adjust the annuity amounts to eliminate the reduction.''.

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

    SEC. 641. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM 
      TEMPORARY COMMISSARY INITIATIVES FOR RESERVE COMPONENT AND 
      RETIRED MEMBERS.
    Section 2484(h) of title 10, United States Code, is amended--
        (1) by redesignating paragraphs (3) and (4) as paragraphs (4) 
    and (5), respectively;
        (2) in such paragraph (4), as so redesignated, by striking 
    ``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or 
    (3)''; and
        (3) by inserting after paragraph (2) the following new 
    paragraph:
    ``(3)(A) The Secretary of Defense may use the proceeds derived from 
surcharges imposed under subsection (d) in connection with sales of 
commissary merchandise through initiatives described in subparagraph 
(B) to offset the cost of such initiatives.
    ``(B) Subparagraph (A) applies with respect to initiatives, 
utilizing temporary and mobile equipment, intended to provide members 
of reserve components, retired members, and other persons eligible for 
commissary benefits, but without reasonable access to commissary 
stores, improved access to commissary merchandise.''.
    SEC. 642. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR RENTAL OF 
      SEXUALLY EXPLICIT MATERIAL ON MILITARY INSTALLATIONS.
    (a) Establishment of Resale Activities Review Board.--Section 2495b 
of title 10, United States Code, is amended--
        (1) by redesignating subsections (c) and (d) as subsections (d) 
    and (e), respectively; and
        (2) by inserting after subsection (b) the following new 
    subsection:
    ``(c) Resale Activities Review Board.--(1) The Secretary of Defense 
shall establish a nine-member board to make recommendations to the 
Secretary regarding whether material sold or rented, or proposed for 
sale or rental, on property under the jurisdiction of the Department of 
Defense is barred from sale or rental by subsection (a).
    ``(2)(A) The Secretary of Defense shall appoint six members of the 
board to broadly represent the interests of the patron base served by 
the defense commissary system and the exchange system. The Secretary 
shall appoint one of the members to serve as the chairman of the board. 
At least one member appointed under this subparagraph shall be a person 
with experience managing or advocating for military family programs and 
who is also an eligible patron of the defense commissary system and the 
exchange system.
    ``(B) The Secretary of each of the military departments shall 
appoint one member of the board.
    ``(C) A vacancy on the board shall be filled in the same manner as 
the original appointment.
    ``(3) The Secretary of Defense may detail persons to serve as staff 
for the board. At a minimum, the Secretary shall ensure that the board 
is assisted at meetings by military resale and legal advisors.
    ``(4) The recommendations made by the board under paragraph (1) 
shall be made available to the public. The Secretary of Defense shall 
publicize the availability of such recommendations by such means as the 
Secretary considers appropriate.
    ``(5) Members of the board shall be allowed travel expense, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5 while 
away from their homes or regular places of business in the performance 
of services for the board.''.
    (b) Deadline for Establishment and Initial Meeting.--
        (1) Establishment.--The board required by subsection (c) of 
    section 2495b of title 10, United States Code, as added by 
    subsection (a), shall be established, and its initial nine members 
    appointed, not later than 120 days after the date of the enactment 
    of this Act.
        (2) Meetings.--The board shall conduct an initial meeting 
    within one year after the date of the appointment of the initial 
    members of the board. At the discretion of the board, the board may 
    consider all materials previously reviewed under such section as 
    available for reconsideration for a minimum of 180 days following 
    the initial meeting of the board.

                       Subtitle F--Other Matters

    SEC. 651. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR 
      BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES WHO DIE, ARE 
      SEPARATED OR RETIRED FOR DISABILITY, OR MEET OTHER CRITERIA.
    (a) Discretion to Provide Exception to Termination and Repayment 
Requirements Under Certain Circumstances.--Section 303a(e) of title 37, 
United States Code, is amended--
        (1) in the subsection heading, by inserting ``; Termination of 
    Entitlement to Unpaid Amounts'' after ``Met'';
        (2) in paragraph (1)--
            (A) by striking ``A member'' and inserting ``(A) Except as 
        provided in paragraph (2), a member''; and
            (B) by striking ``the requirements, except in certain 
        circumstances authorized by the Secretary concerned.'' and 
        inserting ``the eligibility requirements and may not receive 
        any unpaid amounts of the bonus or similar benefit after the 
        member fails to satisfy the requirements, unless the Secretary 
        concerned determines that the imposition of the repayment 
        requirement and termination of the payment of unpaid amounts of 
        the bonus or similar benefit with regard to the member would be 
        contrary to a personnel policy or management objective, would 
        be against equity and good conscience, or would be contrary to 
        the best interests of the United States.''; and
        (3) by redesignating paragraph (2) as subparagraph (B) of 
    paragraph (1).
    (b) Mandatory Payment of Unpaid Amounts Under Certain 
Circumstances; No Repayment of Unearned Amounts.--Section 303a(e) of 
title 37, United States Code, is amended by inserting after paragraph 
(1), as amended by subsection (a), the following new paragraph (2):
    ``(2)(A) If a member of the uniformed services dies or is retired 
or separated with a combat-related disability, the Secretary 
concerned--
        ``(i) shall not require repayment by the member or the member's 
    estate of the unearned portion of any bonus or similar benefit 
    previously paid to the member; and
        ``(ii) shall require the payment to the member or the member's 
    estate of the remainder of any bonus or similar benefit that was 
    not yet paid to the member, but to which the member was entitled 
    immediately before the death, retirement, or separation of the 
    member, and would be paid if not for the death, retirement, or 
    separation of the member.
    ``(B) Subparagraph (A) does not apply if the death or disability of 
the member is the result the member's misconduct.
    ``(C) The amount to be paid under subparagraph (A)(ii) shall be 
equal to the full amount specified by the agreement or contract 
applicable to the bonus or similar benefit as if the member continued 
to be entitled to the bonus or similar benefit following the death, 
retirement, or separation.
    ``(D) Amounts to be paid to a member or the member's estate under 
subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days 
after the date of the death, retirement, or separation of the member, 
whichever applies.
    ``(E) In this paragraph, the term `combat-related disability' has 
the meaning given that term in section 1413a(e) of title 10.''.
    (c) Conforming Amendments Reflecting Consolidated Special Pay and 
Bonus Authorities.--
        (1) Conforming amendments.--Section 373 of title 37, United 
    States Code, as added by section 661 of the National Defense 
    Authorization Act for Fiscal Year 2008, is amended--
            (A) in subsection (a)--
                (i) in the subsection heading, by inserting ``and 
            Termination'' after ``Repayment''; and
                (ii) by inserting before the period at the end the 
            following: ``, and the member may not receive any unpaid 
            amounts of the bonus, incentive pay, or similar benefit 
            after the member fails to satisfy such service or 
            eligibility requirement''; and
            (B) by striking subsection (b) and inserting the following 
        new subsection:
    ``(b) Exceptions.--
        ``(1) Discretion to provide exception to termination and 
    repayment requirements.--Pursuant to the regulations prescribed to 
    administer this section, the Secretary concerned may grant an 
    exception to the repayment requirement and requirement to terminate 
    the payment of unpaid amounts of a bonus, incentive pay, or similar 
    benefit if the Secretary concerned determines that the imposition 
    of the repayment and termination requirements with regard to a 
    member of the uniformed services would be contrary to a personnel 
    policy or management objective, would be against equity and good 
    conscience, or would be contrary to the best interests of the 
    United States.
        ``(2) Mandatory payment of unpaid amounts under certain 
    circumstances; no repayment of unearned amounts.--(A) If a member 
    of the uniformed services dies or is retired or separated with a 
    combat-related disability, the Secretary concerned--
            ``(i) shall not require repayment by the member or the 
        member's estate of the unearned portion of any bonus, incentive 
        pay, or similar benefit previously paid to the member; and
            ``(ii) shall require the payment to the member or the 
        member's estate of the remainder of any bonus, incentive pay, 
        or similar benefit that was not yet paid to the member, but to 
        which the member was entitled immediately before the death, 
        retirement, or separation of the member, and would be paid if 
        not for the death, retirement, or separation of the member.
        ``(B) Subparagraph (A) does not apply if the death or 
    disability of the member is the result the member's misconduct.
        ``(C) The amount to be paid under subparagraph (A)(ii) shall be 
    equal to the full amount specified by the agreement or contract 
    applicable to the bonus, incentive pay, or similar benefit as if 
    the member continued to be entitled to the bonus, incentive pay, or 
    similar benefit following the death, retirement, or separation.
        ``(D) Amounts to be paid to a member or the member's estate 
    under subparagraph (A)(ii) shall be paid in a lump sum not later 
    than 90 days after the date of the death, retirement, or separation 
    of the member, whichever applies.
        ``(E) In this paragraph, the term `combat-related disability' 
    has the meaning given that term in section 1413a(e) of title 10.''.
        (2) Clerical amendments.--
            (A) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or 
   similar benefit, and termination of remaining payments, when 
   conditions of payment not met''.
            (B) Table of contents.--The table of sections at the 
        beginning of chapter 5 of title 37, United States Code, is 
        amended by striking the item relating to section 373 and 
        inserting the following new item:

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

         TITLE VII--HEALTH CARE AND WOUNDED WARRIORS PROVISIONS

               Subtitle A--Improvements to Health Benefits

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

                       Subtitle B--Preventive Care

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

                   Subtitle C--Wounded Warrior Matters

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

                        Subtitle D--Other Matters

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

              Subtitle A--Improvements to Health Benefits

    SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN 
      HEALTH CARE COSTS FOR MEMBERS OF THE UNIFORMED SERVICES.
    (a) Charges Under Contracts for Medical Care.--Section 1097(e) of 
title 10, United States Code, is amended by striking ``September 30, 
2008'' and inserting ``September 30, 2009''.
    (b) Charges for Inpatient Care.--Section 1086(b)(3) of such title 
is amended by striking ``September 30, 2008'' and inserting ``September 
30, 2009''.
    SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER 
      RETAIL PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.
    During the period beginning on October 1, 2008, and ending on 
September 30, 2009, the cost sharing requirements established under 
paragraph (6) of section 1074g(a) of title 10, United States Code, for 
pharmaceutical agents available through retail pharmacies covered by 
paragraph (2)(E)(ii) of such section may not exceed amounts as follows:
        (1) In the case of generic agents, $3.
        (2) In the case of formulary agents, $9.
        (3) In the case of nonformulary agents, $22.
    SEC. 703. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.
    Not later than September 30, 2009, the Secretary of Defense shall 
provide chiropractic services to active duty military personnel at 11 
additional military treatment facilities that do not currently provide 
chiropractic services.
    SEC. 704. CALCULATION OF MONTHLY PREMIUMS FOR COVERAGE UNDER 
      TRICARE RESERVE SELECT AFTER 2008.
    (a) Calculation of Monthly Premiums for Years After 2009.--Section 
1076d(d)(3) of title 10, United States Code, is amended--
        (1) by inserting ``(A)'' after ``(3)'';
        (2) in subparagraph (A), as so designated--
            (A) by striking ``that the Secretary determines'' and 
        inserting ``determined''; and
            (B) by striking the second sentence; and
        (3) by adding at the end the following new subparagraph:
    ``(B) The appropriate actuarial basis for purposes of subparagraph 
(A) shall be determined, for each calendar year after calendar year 
2009, by utilizing the actual cost of providing benefits under this 
section to members and their dependents during the calendar years 
preceding such calendar year.''.
    (b) Calculation of Monthly Premiums for 2009.--For purposes of 
section 1076d(d)(3) of title 10, United States Code, the appropriate 
actuarial basis for purposes of subparagraph (A) of that section shall 
be determined for calendar year 2009 by utilizing the reported cost of 
providing benefits under that section to members and their dependents 
during calendar years 2006 and 2007, except that the monthly amount of 
the premium determined pursuant to this subsection may not exceed the 
amount in effect for the month of March 2007.
    (c) Effective Date.--The amendments made by this section shall take 
effect as of October 1, 2008.
    SEC. 705. PROGRAM FOR HEALTH CARE DELIVERY AT MILITARY 
      INSTALLATIONS PROJECTED TO GROW.
    (a) Program.--The Secretary of Defense is authorized to develop a 
plan to establish a program to build cooperative health care 
arrangements and agreements between military installations projected to 
grow and local and regional non-military health care systems.
    (b) Requirements of Plan.--In developing the plan, the Secretary of 
Defense shall--
        (1) identify and analyze health care delivery options involving 
    the private sector and health care services in military facilities 
    located on military installations;
        (2) develop methods for determining the cost avoidance or 
    savings resulting from innovative partnerships between the 
    Department of Defense and the private sector;
        (3) develop requirements for Department of Defense health care 
    providers to deliver health care in civilian community hospitals; 
    and
        (4) collaborate with State and local authorities to create an 
    arrangement to share and exchange, between the Department of 
    Defense and nonmilitary health care systems, personal health 
    information, and data of military personnel and their families.
    (c) Coordination With Other Entities.--The plan shall include 
requirements for coordination with Federal, State, and local entities, 
TRICARE managed care support contractors, and other contracted assets 
around installations selected for participation in the program.
    (d) Consultation Requirements.--The Secretary of Defense shall 
develop the plan in consultation with the Secretaries of the military 
departments.
    (e) Selection of Military Installations.--Each selected military 
installation shall meet the following criteria:
        (1) The military installation has members of the Armed Forces 
    on active duty and members of reserve components of the Armed 
    Forces that use the installation as a training and operational 
    base, with members routinely deploying in support of the global war 
    on terrorism.
        (2) The military population of an installation will 
    significantly increase by 2013 due to actions related to either 
    Grow the Force initiatives or recommendations of the Defense Base 
    Realignment and Closure Commission.
        (3) There is a military treatment facility on the installation 
    that has--
            (A) no inpatient or trauma center care capabilities; and
            (B) no current or planned capacity that would satisfy the 
        proposed increase in military personnel at the installation.
        (4) There is a civilian community hospital near the military 
    installation, and the military treatment facility has--
            (A) no inpatient services or limited capability to expand 
        inpatient care beds, intensive care, and specialty services; 
        and
            (B) limited or no capability to provide trauma care.
    (f) Reports.--Not later than one year after the date of the 
enactment of this Act, and every year thereafter, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives an annual report on any plan developed 
under subsection (a).
    SEC. 706. GUIDELINES FOR COMBINED MEDICAL FACILITIES OF THE 
      DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.
    Before a facility may be designated a combined Federal medical 
facility of the Department of Defense and the Department of Veterans 
Affairs, the Secretary of Defense and the Secretary of Veterans Affairs 
shall execute a signed agreement that specifies, at a minimum, a 
binding operational agreement on the following areas:
        (1) Governance.
        (2) Patient priority categories.
        (3) Budgeting.
        (4) Staffing and training.
        (5) Construction.
        (6) Physical plant management.
        (7) Contingency planning.
        (8) Quality assurance.
        (9) Information technology.

                      Subtitle B--Preventive Care

    SEC. 711. WAIVER OF COPAYMENTS FOR PREVENTIVE SERVICES FOR CERTAIN 
      TRICARE BENEFICIARIES.
    (a) Waiver of Certain Copayments.--Subject to subsection (b) and 
under regulations prescribed by the Secretary of Defense, the Secretary 
shall--
        (1) waive all copayments under sections 1079(b) and 1086(b) of 
    title 10, United States Code, for preventive services for all 
    beneficiaries who would otherwise pay copayments; and
        (2) ensure that a beneficiary pays nothing for preventive 
    services during a year even if the beneficiary has not paid the 
    amount necessary to cover the beneficiary's deductible for the 
    year.
    (b) Exclusion for Medicare-Eligible Beneficiaries.--Subsection (a) 
shall not apply to a medicare-eligible beneficiary.
    (c) Refund of Copayments.--
        (1) Authority.--Under regulations prescribed by the Secretary 
    of Defense, the Secretary may pay a refund to a medicare-eligible 
    beneficiary excluded by subsection (b), subject to the availability 
    of appropriations specifically for such refunds, consisting of an 
    amount up to the difference between--
            (A) the amount the beneficiary pays for copayments for 
        preventive services during fiscal year 2009; and
            (B) the amount the beneficiary would have paid during such 
        fiscal year if the copayments for preventive services had been 
        waived pursuant to subsection (a) during that year.
        (2) Copayments covered.--The refunds under paragraph (1) are 
    available only for copayments paid by medicare-eligible 
    beneficiaries during fiscal year 2009.
    (d) Definitions.--In this section:
        (1) Preventive services.--The term ``preventive services'' 
    includes, taking into consideration the age and gender of the 
    beneficiary:
            (A) Colorectal screening.
            (B) Breast screening.
            (C) Cervical screening.
            (D) Prostate screening.
            (E) Annual physical exam.
            (F) Vaccinations.
            (G) Other services as determined by the Secretary of 
        Defense.
        (2) Medicare-eligible.--The term ``medicare-eligible'' has the 
    meaning provided by section 1111((b) of title 10, United States 
    Code.
    SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION PROJECT.
    (a) Demonstration Project Required.--The Secretary of Defense shall 
conduct a demonstration project designed to evaluate the efficacy of 
providing incentives to encourage healthy behaviors on the part of 
eligible military health system beneficiaries.
    (b) Elements of Demonstration Project.--
        (1) Wellness assessment.--The Secretary shall develop a 
    wellness assessment to be offered to beneficiaries enrolled in the 
    demonstration project. The wellness assessment shall incorporate 
    nationally recognized standards for health and healthy behaviors 
    and shall be offered to determine a baseline and at appropriate 
    intervals determined by the Secretary. The wellness assessment 
    shall include the following:
            (A) A self-reported health risk assessment.
            (B) Physiological and biometric measures, including at 
        least--
                (i) blood pressure;
                (ii) glucose level;
                (iii) lipids;
                (iv) nicotine use; and
                (v) weight.
        (2) Population enrolled.--Non-medicare eligible retired 
    beneficiaries of the military health system and their dependents 
    who are enrolled in TRICARE Prime and who reside in the 
    demonstration project service area shall be offered the opportunity 
    to enroll in the demonstration project.
        (3) Geographic coverage of demonstration project.--The 
    demonstration project shall be conducted in at least three 
    geographic areas within the United States where TRICARE Prime is 
    offered, as determined by the Secretary. The area covered by the 
    project shall be referred to as the demonstration project service 
    area.
        (4) Programs.--The Secretary shall develop programs to assist 
    enrollees to improve healthy behaviors, as identified by the 
    wellness assessment.
        (5) Inclusion of incentives required.--For the purpose of 
    conducting the demonstration project, the Secretary may offer 
    monetary and non-monetary incentives to enrollees to encourage 
    participation in the demonstration project.
    (c) Evaluation of Demonstration Project.--The Secretary shall 
annually evaluate the demonstration project for the following:
        (1) The extent to which the health risk assessment and the 
    physiological and biometric measures of beneficiaries are improved 
    from the baseline (as determined in the wellness assessment).
        (2) In the case of baseline health risk assessments and 
    physiological and biometric measures that reflect healthy 
    behaviors, the extent to which the measures are maintained.
    (d) Implementation Plan.--The Secretary of Defense shall submit a 
plan to implement the health risk management demonstration project 
required by this section not later than 90 days after the date of the 
enactment of this Act.
    (e) Duration of Project.--The health risk management demonstration 
project shall be implemented for a period of three years, beginning not 
later than March 1, 2009, and ending three years after that date.
    (f) Report.--
        (1) In general.--The Secretary of Defense shall submit to the 
    Committees on Armed Services of the Senate and the House of 
    Representatives an annual report on the effectiveness of the health 
    risk management demonstration project in improving the health risk 
    measures of military health system beneficiaries enrolled in the 
    demonstration project. The first report shall be submitted not 
    later than one year after the date of the enactment of this Act, 
    and subsequent reports shall be submitted for each year of the 
    demonstration project with the final report being submitted not 
    later than 90 days after the termination of the demonstration 
    project.
        (2) Matters covered.--Each report shall address, at a minimum, 
    the following:
            (A) The number of beneficiaries who were enrolled in the 
        project.
            (B) The number of enrolled beneficiaries who participate in 
        the project.
            (C) The incentives to encourage healthy behaviors that were 
        provided to the beneficiaries in each beneficiary category, and 
        the extent to which the incentives encouraged healthy 
        behaviors.
            (D) An assessment of the effectiveness of the demonstration 
        project.
            (E) Recommendations for adjustments to the demonstration 
        project.
            (F) The estimated costs avoided as a result of decreased 
        health risk conditions on the part of each of the beneficiary 
        categories.
            (G) Recommendations for extending the demonstration project 
        or implementing a permanent wellness assessment program.
            (H) Identification of legislative authorities required to 
        implement a permanent program.
    SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.
    (a) TRICARE Smoking Cessation Program.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall establish a smoking cessation program under the TRICARE program, 
to be made available to all beneficiaries under the TRICARE program, 
subject to subsection (b). The Secretary may prescribe such regulations 
as may be necessary to implement the program.
    (b) Exclusion for Medicare-Eligible Beneficiaries.--The smoking 
cessation program shall not be made available to medicare-eligible 
beneficiaries.
    (c) Elements.--The program shall include, at a minimum, the 
following elements:
        (1) The availability, at no cost to the beneficiary, of 
    pharmaceuticals used for smoking cessation, with a limitation on 
    the availability of such pharmaceuticals to the national mail-order 
    pharmacy program under the TRICARE program if appropriate.
        (2) Counseling.
        (3) Access to a toll-free quit line that is available 24 hours 
    a day, 7 days a week.
        (4) Access to printed and Internet web-based tobacco cessation 
    material.
    (d) Chain of Command Involvement.--In establishing the program, the 
Secretary of Defense shall provide for involvement by officers in the 
chain of command of participants in the program who are on active duty.
    (e) Plan.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a plan to implement the program.
    (f) Refund of Copayments.--
        (1) Authority.--Under regulations prescribed by the Secretary 
    of Defense, the Secretary may pay a refund to a medicare-eligible 
    beneficiary otherwise excluded by this section, subject to the 
    availability of appropriations specifically for such refunds, 
    consisting of an amount up to the difference between--
            (A) the amount the beneficiary pays for copayments for 
        smoking cessation services described in subsection (c) during 
        fiscal year 2009; and
            (B) the amount the beneficiary would have paid during such 
        fiscal year if the beneficiary had not been excluded under 
        subsection (b) from the smoking cessation program under 
        subsection (a).
        (2) Copayments covered.--The refunds under paragraph (1) are 
    available only for copayments paid by medicare-eligible 
    beneficiaries during fiscal year 2009.
    (g) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report covering the following:
        (1) The status of the program.
        (2) The number of participants in the program.
        (3) The cost of the program.
        (4) The costs avoided that are attributed to the program.
        (5) The success rates of the program compared to other 
    nationally recognized smoking cessation programs.
        (6) Findings regarding the success rate of participants in the 
    program.
        (7) Recommendations to modify the policies and procedures of 
    the program.
        (8) Recommendations concerning the future utility of the 
    program.
    (h) Definitions.--In this section:
        (1) TRICARE program.--The term ``TRICARE program'' has the 
    meaning provided by section 1072(7) of title 10, United States 
    Code.
        (2) Medicare-eligible.--The term ``medicare-eligible'' has the 
    meaning provided by section 1111(b) of title 10, United States 
    Code.
    SEC. 714. PREVENTIVE HEALTH ALLOWANCE.
    (a) Allowance.--Chapter 7 of title 37, United States Code, is 
amended by adding at the end the following new section:
``Sec. 438. Preventive health services allowance
    ``(a) Demonstration Project.--During the period beginning on 
January 1, 2009, and ending on December 31, 2011, the Secretary of 
Defense shall conduct a demonstration project designed to evaluate the 
efficacy of providing an annual allowance (to be known as a `preventive 
health services allowance') to members of the armed forces described in 
subsection (b) to increase the use of preventive health services by 
such members and their dependents.
    ``(b) Eligible Members.--(1) Subject to the numerical limitations 
specified in paragraph (2), a member of the armed forces who is serving 
on active duty for a period of more than 30 days and meets the medical 
and dental readiness requirements for the armed force of the member may 
receive a preventive health services allowance.
    ``(2) Not more than 1,500 members of each of the Army, Navy, Air 
Force, and Marine Corps may receive a preventive health services 
allowance during any year, of which half in each armed force shall be 
members without dependents and half shall be members with dependents.
    ``(c) Amount of Allowance.--The Secretary of the military 
department concerned shall pay a preventive health services allowance 
to a member selected to receive the allowance in an amount equal to--
        ``(1) $500 per year, in the case of a member without 
    dependents; and
        ``(2) $1,000 per year, in the case of a member with dependents.
    ``(d) Authorized Preventive Health Services.--(1) The Secretary of 
Defense shall specify the types of preventive health services that may 
be procured using a preventive health services allowance and the 
frequency at which such services may be procured.
    ``(2) At a minimum, authorized preventive health services shall 
include, taking into consideration the age and gender of the member and 
dependents of the member:
        ``(A) Colorectal screening.
        ``(B) Breast screening.
        ``(C) Cervical screening.
        ``(D) Prostate screening.
        ``(E) Annual physical exam.
        ``(F) Annual dental exam.
        ``(G) Weight and body mass screening.
        ``(H) Vaccinations.
    ``(3) The Secretary of Defense shall ensure that members selected 
to receive the preventive health services allowance and their 
dependents are provided a reasonable opportunity to receive the 
services authorized under this subsection in their local area.
    ``(e) Data Collection.--At a minimum, the Secretary of Defense 
shall monitor and record the health of members receiving a preventive 
health services allowance and their dependents and the results of the 
testing required to qualify for payment of the allowance, if conducted. 
The Secretary shall assess the medical utility of the testing required 
to qualify for payment of a preventive health allowance.
    ``(f) Reporting Requirement.--Not later than March 31, 2010, and 
March 31, 2012, the Secretary of Defense shall submit to Congress a 
report on the status of the demonstration project, including findings 
regarding the medical status of participants, recommendations to modify 
the policies and procedures of the program, and recommendations 
concerning the future utility of the project.
    ``(g) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``438. Preventive health care allowance.''.
    SEC. 715. ADDITIONAL AUTHORITY FOR STUDIES AND DEMONSTRATION 
      PROJECTS RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE.
    Section 1092(a) of title 10, United States Code, is amended by 
adding at the end the following new paragraphs:
    ``(3) The Secretary of Defense may include in the studies and 
demonstration projects conducted under paragraph (1) studies and 
demonstration projects to provide awards and incentives to members of 
the armed forces and covered beneficiaries who obtain health promotion 
and disease prevention health care services under the TRICARE program 
in accordance with terms and schedules prescribed by the Secretary. 
Such awards and incentives may include cash awards and, in the case of 
members of the armed forces, personnel incentives.
    ``(4)(A) The Secretary of Defense may, in consultation with the 
other administering Secretaries, include in the studies and 
demonstration projects conducted under paragraph (1) studies and 
demonstration projects to provide awards or incentives to individual 
health care professionals under the authority of such Secretaries, 
including members of the uniformed services, Federal civilian 
employees, and contractor personnel, to encourage and reward effective 
implementation of innovative health care programs designed to improve 
quality, cost-effectiveness, health promotion, medical readiness, and 
other priority objectives. Such awards and incentives may include cash 
awards and, in the case of members of the armed forces and Federal 
civilian employees, personnel incentives.
    ``(B) Amounts available for the pay of members of the uniformed 
services shall be available for awards and incentives under this 
paragraph with respect to members of the uniformed services.
    ``(5) The Secretary of Defense may include in the studies and 
demonstration projects conducted under paragraph (1) studies and 
demonstration projects to improve the medical and dental readiness of 
members of reserve components of the armed forces, including the 
provision of health care services to such members for which they are 
not otherwise entitled or eligible under this chapter.
    ``(6) The Secretary of Defense may include in the studies and 
demonstration projects conducted under paragraph (1) studies and 
demonstration projects to improve the continuity of health care 
services for family members of mobilized members of the reserve 
components of the armed forces who are eligible for such services under 
this chapter, including payment of a stipend for continuation of 
employer-provided health coverage during extended periods of active 
duty.''.

                  Subtitle C--Wounded Warrior Matters

    SEC. 721. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, 
      MITIGATION, TREATMENT, AND REHABILITATION OF HEARING LOSS AND 
      AUDITORY SYSTEM INJURIES.
    (a) In General.--The Secretary of Defense shall establish within 
the Department of Defense a center of excellence in the prevention, 
diagnosis, mitigation, treatment, and rehabilitation of hearing loss 
and auditory system injury to carry out the responsibilities specified 
in subsection (c).
    (b) Partnerships.--The Secretary shall ensure that the center 
collaborates to the maximum extent practicable with the Secretary of 
Veterans Affairs, institutions of higher education, and other 
appropriate public and private entities (including international 
entities) to carry out the responsibilities specified in subsection 
(c).
    (c) Responsibilities.--
        (1) In general.--The center shall--
            (A) implement a comprehensive plan and strategy for the 
        Department of Defense, as developed by the Secretary of 
        Defense, for a registry of information for the tracking of the 
        diagnosis, surgical intervention or other operative procedure, 
        other treatment, and follow up for each case of hearing loss 
        and auditory system injury incurred by a member of the Armed 
        Forces while serving on active duty;
            (B) ensure the electronic exchange with the Secretary of 
        Veterans Affairs of information obtained through tracking under 
        subparagraph (A); and
            (C) enable the Secretary of Veterans Affairs to access the 
        registry and add information pertaining to additional 
        treatments or surgical procedures and eventual hearing outcomes 
        for veterans who were entered into the registry and 
        subsequently received treatment through the Veterans Health 
        Administration.
        (2) Designation of registry.--The registry under this 
    subsection shall be known as the ``Hearing Loss and Auditory System 
    Injury Registry'' (hereinafter referred to as the ``Registry'').
        (3) Consultation in development.--The center shall develop the 
    Registry in consultation with audiologists, speech and language 
    pathologists, otolaryngologists, and other specialist personnel of 
    the Department of Defense and the audiologists, speech and language 
    pathologists, otolaryngologists, and other specialist personnel of 
    the Department of Veterans Affairs. The mechanisms and procedures 
    of the Registry shall reflect applicable expert research on 
    military and other hearing loss.
        (4) Mechanisms.--The mechanisms of the Registry for tracking 
    under paragraph (1)(A) shall ensure that each military medical 
    treatment facility or other medical facility shall submit to the 
    center for inclusion in the Registry information on the diagnosis, 
    surgical intervention or other operative procedure, other 
    treatment, and follow up for each case of hearing loss and auditory 
    system injury described in that paragraph as follows (to the extent 
    applicable):
            (A) Not later than 30 days after surgery or other operative 
        intervention, including a surgery or other operative 
        intervention carried out as a result of a follow-up 
        examination.
            (B) Not later than 180 days after the hearing loss and 
        auditory system injury is reported or recorded in the medical 
        record.
        (5) Coordination of care and benefits.--(A) The center shall 
    provide notice to the National Center for Rehabilitative Auditory 
    Research (NCRAR) of the Department of Veterans Affairs and to the 
    auditory system impairment services of the Veterans Health 
    Administration on each member of the Armed Forces described in 
    subparagraph (B) for purposes of ensuring the coordination of the 
    provision of ongoing auditory system rehabilitation benefits and 
    services by the Department of Veterans Affairs after the separation 
    or release of such member from the Armed Forces.
        (B) A member of the Armed Forces described in this subparagraph 
    is a member of the Armed Forces with significant hearing loss or 
    auditory system injury incurred while serving on active duty, 
    including a member with auditory dysfunction related to traumatic 
    brain injury.
    (d) Utilization of Registry Information.--The Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly ensure that 
information in the Registry is available to appropriate audiologists, 
speech and language pathologists, otolaryngologists, and other 
specialist personnel of the Department of Defense and the Department of 
Veterans Affairs for purposes of encouraging and facilitating the 
conduct of research, and the development of best practices and clinical 
education, on hearing loss or auditory system injury incurred by 
members of the Armed Forces.
    (e) Inclusion of Records of OIF/OEF Veterans.--The Secretary of 
Defense shall take appropriate actions to include in the Registry such 
records of members of the Armed Forces who incurred a hearing loss or 
auditory system injury while serving on active duty on or after 
September 11, 2001, but before the establishment of the Registry, as 
the Secretary considers appropriate for purposes of the Registry.
    SEC. 722. CLARIFICATION TO CENTER OF EXCELLENCE RELATING TO 
      MILITARY EYE INJURIES.
    Section 1623(d) of Public Law 110-181 is amended by striking ``in 
combat'' at the end.
    SEC. 723. CENTER OF EXCELLENCE IN THE MITIGATION, TREATMENT, AND 
      REHABILITATION OF TRAUMATIC EXTREMITY INJURIES AND AMPUTATIONS.
    (a) In General.--The Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly establish a center of excellence in the 
mitigation, treatment, and rehabilitation of traumatic extremity 
injuries and amputations.
    (b) Partnerships.--The Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly ensure that the center collaborates with 
the Department of Defense, the Department of Veterans Affairs, 
institutions of higher education, and other appropriate public and 
private entities (including international entities) to carry out the 
responsibilities specified in subsection (c).
    (c) Responsibilities.--The center shall have the responsibilities 
as follows:
        (1) To implement a comprehensive plan and strategy for the 
    Department of Defense and the Department 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

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

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

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

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

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

          Subtitle E--Department of Defense Contractor Matters

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

          Subtitle F--Matters Relating to Iraq and Afghanistan

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

           Subtitle G--Governmentwide Acquisition Improvements

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

                        Subtitle H--Other Matters

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

             Subtitle A--Acquisition Policy and Management

    SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.
    (a) Assessment Required.--The Secretary of Defense shall commission 
a study and report by an independent commission or a federally funded 
research and development center to assess the effectiveness of the 
processes used by the Department of Defense for the generation of 
urgent operational need requirements, and the acquisition processes 
used to fulfill such requirements. Such assessment shall include the 
following:
        (1) A description and evaluation of the effectiveness of the 
    procedures used to generate, validate, and fulfill warfighting 
    requirements through the urgent operational need and joint urgent 
    operational need processes, including--
            (A) the extent to which joint and urgent operational need 
        statements are used to document required capability gaps or are 
        used to request specific acquisition outcomes, such as specific 
        systems or equipment;
            (B) the effectiveness of the processes used by each of the 
        military departments and the various elements of the Department 
        of Defense to prioritize and fulfill joint and urgent 
        operational needs, including the rapid acquisition processes of 
        the military departments, as well as the joint improvised 
        explosive device defeat organization and the joint rapid 
        acquisition cell; and
            (C) the timeliness and responsiveness of the processes used 
        by the military departments and the various elements of the 
        Department of Defense to review and validate urgent operational 
        needs statements and joint urgent operational needs statements.
        (2) An evaluation of the extent to which joint urgent 
    operational need statements are used to avoid using service-
    specific urgent operational need and acquisition processes or to 
    document non-urgent capability gaps.
        (3) An evaluation of the extent to which joint acquisition 
    entities maintain oversight, once a military department or defense 
    agency has been designated as responsible for execution and 
    fielding of a capability in response to a joint urgent operational 
    need statement, including oversight of--
            (A) the responsiveness of the military department or agency 
        in execution;
            (B) the field performance of the capability delivered in 
        response to the joint urgent operational need statement; and
            (C) the concurrent development of a long term acquisition 
        and sustainment strategy.
        (8) Recommendations regarding--
            (A) best practices and process improvements to ensure that 
        urgent operational needs statements and joint urgent 
        operational needs statements are presented to appropriate 
        authorities for review and validation not later than 60 days 
        after the documents are submitted;
            (B) common definitions and standards for urgent operational 
        needs statements and joint urgent operational need statements;
            (C) best practices and process improvements for the 
        creation, evaluation, prioritization, and fulfillment of urgent 
        operational need statements and joint urgent operational need 
        statements; and
            (D) the extent to which rapid acquisition processes should 
        be consolidated or expanded.
    (b) Submission to Congress.--Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees the report resulting from the 
study conducted pursuant to subsection (a).
    SEC. 802. IMPLEMENTATION OF STATUTORY REQUIREMENTS REGARDING THE 
      NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
    (a) Guidance Required.--Not later than 270 days after the date of 
the enactment of this Act, the Secretary of Defense shall issue 
guidance regarding--
        (1) the appropriate application of the authority in sections 
    2304(b) and 2304(c)(3)(A) of title 10, United States Code, in 
    connection with major defense acquisition programs; and
        (2) the appropriate timing and performance of the requirement 
    in section 2440 of title 10, United States Code, to consider the 
    national technology and industrial base in the development and 
    implementation of acquisition plans for each major defense 
    acquisition program.
    (b) Definitions.--In this section;
        (1) Major defense acquisition program.--The term ``major 
    defense acquisition program'' has the meaning provided in section 
    2430 of title 10, United States Code.
        (2) National technology and industrial base.--The term 
    ``national technology and industrial base'' has the meaning 
    provided in section 2500(1) of title 10, United States Code.
    SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE.
    (a) In General.--The Secretary of Defense shall ensure that 
contracting officials identify and evaluate, at all stages of the 
acquisition process (including concept refinement, concept decision, 
and technology development), opportunities for the use of commercial 
computer software and other non-developmental software.
    (b) Report.--Not later than 270 days after the date of enactment of 
this Act, the Secretary shall submit to the congressional defense 
committees a report on actions taken to implement subsection (a), 
including a description of any relevant regulations and policy 
guidance.
    SEC. 804. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE 
      DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES.
    (a) Inclusion of Additional Non-Defense Agencies in Review.--The 
covered non-defense agencies specified in subsection (c) of this 
section shall be considered covered non-defense agencies as defined in 
subsection (i) of section 817 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2326) for purposes of such section.
    (b) Deadlines and Applicability for Additional Non-Defense 
Agencies.--For each covered non-defense agency specified in subsection 
(c) of this section, section 817 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2326) shall apply to such agency as follows:
        (1) The review and determination required by subsection (a)(1) 
    of such section shall be completed by not later than March 15, 
    2009.
        (2) The review and determination required by subsection (a)(2) 
    of such section, if necessary, shall be completed by not later than 
    June 15, 2010, and such review and determination shall be a review 
    and determination of such agency's procurement of property and 
    services on behalf of the Department of Defense in fiscal year 
    2009.
        (3) The memorandum of understanding required by subsection 
    (c)(1) of such section shall be entered into by not later than 60 
    days after the date of the enactment of this Act.
        (4) The limitation specified in subsection (d)(1) of such 
    section shall apply after March 15, 2009, and before June 16, 2010.
        (5) The limitation specified in subsection (d)(2) of such 
    section shall apply after June 15, 2010.
        (6) The limitation required by subsection (d)(3) of such 
    section shall commence, if necessary, on the date that is 60 days 
    after the date of the enactment of this Act.
    (c) Definition of Covered Non-Defense Agency.--In this section, the 
term ``covered non-defense agency'' means each of the following:
        (1) The Department of Commerce.
        (2) The Department of Energy.
    (d) Modification of Certain Additional Authorities on Internal 
Controls for Procurements on Behalf of DOD.--Section 801 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 202; 10 U.S.C. 2304 note) is amended--
        (1) in subsection (a)(2)--
            (A) in subparagraph (B), by striking ``each of the 
        Department of the Treasury, the Department of the Interior, and 
        the National Aeronautics and Space Administration'' and 
        inserting ``the Department of the Interior''; and
            (B) by adding at the end the following new subparagraph:
            ``(D) In the case of each of the Department of Commerce and 
        the Department of Energy, by not later than March 15, 2015.''; 
        and
        (2) in subsection (f)(2)--
            (A) by striking subparagraphs (B) and (D);
            (B) by redesignating subparagraphs (C), (E), and (F) as 
        subparagraphs (B), (C), and (D), respectively; and
            (C) by adding at the end the following new subparagraphs:
            ``(E) The Department of Commerce.
            ``(F) The Department of Energy.''.

 Subtitle B--Provisions Relating to Major Defense Acquisition Programs

    SEC. 811. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE 
      ACQUISITION PROGRAMS UNDER ACQUISITION REPORTING REQUIREMENTS.
    (a) Authority To Designate Major Subprograms as Subject to 
Acquisition Reporting Requirements.--
        (1) In general.--Chapter 144 of title 10, United States Code, 
    is amended by inserting after section 2430 the following new 
    section:
``Sec. 2430a. Major subprograms
    ``(a) Authority To Designate Major Subprograms as Subject to 
Acquisition Reporting Requirements.--(1) If the Secretary of Defense 
determines that a major defense acquisition program requires the 
delivery of two or more categories of end items which differ 
significantly from each other in form and function, the Secretary may 
designate each such category of end items as a major subprogram for the 
purposes of acquisition reporting under this chapter.
    ``(2) The Secretary shall notify the congressional defense 
committees in writing of any proposed designation pursuant to paragraph 
(1) not less than 30 days before the date such designation takes 
effect.
    ``(b) Reporting Requirements.--If the Secretary designates a major 
subprogram of a major defense acquisition program in accordance with 
subsection (a), Selected Acquisition Reports, unit cost reports, and 
program baselines under this chapter shall reflect cost, schedule, and 
performance information--
        ``(1) for the major defense acquisition program as a whole; and
        ``(2) for each major subprogram of the major defense 
    acquisition program so designated.
    ``(c) Requirement to Cover Entire Major Defense Acquisition 
Program.--If a subprogram of a major defense acquisition program is 
designated as a major subprogram under subsection (a), all other 
elements of the major defense acquisition program shall be 
appropriately organized into one or more subprograms under the major 
defense acquisition program, each of which subprograms, as so 
organized, shall be treated as a major subprogram under subsection (a).
    ``(d) Definitions.--Notwithstanding paragraphs (1) and (2) of 
section 2432(a) of this title, in the case of a major defense 
acquisition program for which the Secretary has designated one or more 
major subprograms under this section for the purposes of this chapter--
        ``(1) the term `program acquisition unit cost' applies at the 
    level of the subprogram and means the total cost for the 
    development and procurement of, and specific military construction 
    for, the major defense acquisition program that is reasonably 
    allocable to each such major subprogram, divided by the relevant 
    number of fully-configured end items to be produced under such 
    major subprogram;
        ``(2) the term `procurement unit cost' applies at the level of 
    the subprogram and means the total of all funds programmed to be 
    available for obligation for procurement for each such major 
    subprogram, divided by the number of fully-configured end items to 
    be procured under such major subprogram;
        ``(3) the term `major contract', with respect to a designated 
    major subprogram, means each of the six largest prime, associate, 
    or Government furnished equipment contracts under the subprogram 
    that is in excess of $40,000,000 and that is not a firm-fixed price 
    contract; and
        ``(4) the term `life cycle cost', with respect to a designated 
    major subprogram, means all costs of development, procurement, 
    military construction, and operations and support, without regard 
    to funding source or management control.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 144 of such title is amended by inserting after the item 
    relating to section 2430 the following new item:

``2430a. Major subprograms.''.

    (b) Conforming Amendments to Section 2432.--Section 2432 of such 
title is amended--
        (1) in subsection (b)(2)(A), by inserting ``for the program (or 
    for each designated subprogram under the program)'' after 
    ``procurement unit cost'';
        (2) in subsection (c)--
            (A) in paragraph (1)(B)--
                (i) by inserting ``or designated major subprogram'' 
            after ``for each major defense acquisition program''; and
                (ii) by inserting ``or subprogram'' after ``the 
            program'';
            (B) in paragraph (1)(C)--
                (i) by inserting ``or designated major subprogram'' 
            after ``major defense acquisition program''; and
                (ii) by inserting ``or subprogram'' after ``the 
            program''; and
            (C) in paragraph (3)(A), by inserting ``and each designated 
        major subprogram'' after ``for each major defense acquisition 
        program'';
        (3) in subsection (e)--
            (A) in paragraph (3), by inserting before the period the 
        following: ``for the program (or for each designated major 
        subprogram under the program)'';
            (B) in paragraph (5), by inserting before the period the 
        following: ``(or for each designated major subprogram under the 
        program)'';
            (C) in paragraph (7), by inserting ``or subprogram'' after 
        ``of the program'' each place it appears; and
            (D) in paragraph (8), by inserting ``and designated major 
        subprograms under the program'' after ``the program'';
        (4) in subsection (g)--
            (A) by inserting ``or designated major subprogram'' after 
        ``major defense acquisition program''; and
            (B) by inserting ``or subprogram'' after ``the program'' 
        each place it appears; and
        (5) in subsection (h)(2)(C), by inserting ``and designated 
    major subprograms under the program'' after ``the development 
    program''.
    (c) Conforming Amendments to Section 2433.--Section 2433 of such 
title is amended--
        (1) in subsection (a)--
            (A) in paragraph (1), by striking ``The terms'' and 
        inserting ``Except as provided in section 2430a(c) of this 
        title, the terms'';
            (B) in paragraph (2)--
                (i) by inserting ``or designated major subprogram'' 
            after ``major defense acquisition program''; and
                (ii) by inserting ``or subprogram'' after ``the 
            program'';
            (C) in paragraph (4)--
                (i) by inserting ``or designated major defense 
            subprogram'' after ``major defense acquisition program'' 
            each place it appears; and
                (ii) by inserting ``or subprogram'' after ``for the 
            program'' each place it appears; and
            (D) in paragraph (5)--
                (i) by inserting ``or designated major defense 
            subprogram'' after ``major defense acquisition program'' 
            each place it appears; and
                (ii) by inserting ``or subprogram'' after ``for the 
            program'' each place it appears;
        (2) in subsection (b)--
            (A) in the matter preceding paragraph (1), by inserting 
        ``(or of each designated major subprogram under the program)'' 
        after ``unit costs of the program'';
            (B) in paragraph (1), by inserting before the period the 
        following: ``for the program (or for each designated major 
        subprogram under the program)'';
            (C) in paragraph (2), by inserting before the period the 
        following: ``for the program (or for each designated major 
        subprogram under the program)''; and
            (D) in paragraph (5), by inserting ``or subprogram'' after 
        ``the program'' each place it appears (other than the last 
        place it appears);
        (3) in subsection (c)--
            (A) by striking ``the program acquisition unit cost for the 
        program or the procurement unit cost for the program'' and 
        inserting ``the program acquisition unit cost for the program 
        (or for a designated major subprogram under the program) or the 
        procurement unit cost for the program (or for such a 
        subprogram)''; and
            (B) by striking ``for the program'' after ``significant 
        cost growth threshold'';
        (4) in subsection (d)--
            (A) in paragraph (1)--
                (i) by inserting ``or any designated major subprogram 
            under the program'' after ``major defense acquisition 
            program''; and
                (ii) by inserting ``or subprogram'' after ``for the 
            program'' each place it appears;
            (B) in paragraph (2)--
                (i) by inserting ``or any designated major subprogram 
            under the program'' after ``major defense acquisition 
            program''; and
                (ii) by inserting ``or subprogram'' after ``for the 
            program'' each place it appears; and
            (C) in paragraph (3), by striking ``such program'' and 
        inserting ``the program or subprogram concerned'';
        (5) in subsection (e)--
            (A) in paragraph (1)--
                (i) in subparagraph (A)--

                    (I) by inserting ``or designated major subprogram'' 
                after ``major defense acquisition program''; and
                    (II) by inserting ``or subprogram'' after ``for the 
                program''; and

                (ii) in subparagraph (B)--

                    (I) by inserting ``or designated major subprogram'' 
                after ``major defense acquisition program''; and
                    (II) by inserting ``or subprogram'' after ``that 
                program''; and

            (B) in paragraph (2), in the matter preceding subparagraph 
        (A)--
                (i) by inserting ``or designated major subprogram'' 
            after ``major defense acquisition program''; and
                (ii) by inserting ``or subprogram'' after ``for the 
            program''; and
        (6) in subsection (g)--
            (A) in paragraph (1)--
                (i) in subparagraph (D)--

                    (I) by inserting ``(and for each designated major 
                subprogram under the program)'' after ``for the 
                program''; and
                    (II) by inserting ``or subprogram'' after ``in 
                which the program'';

                (ii) in subparagraph (E), by inserting ``for the 
            program (and for each designated major subprogram under the 
            program)'' after ``program acquisition cost'';
                (iii) in subparagraph (F), by inserting before the 
            period the following: ``for the program (or for any 
            designated major subprogram under the program)'';
                (iv) in subparagraph (G)--

                    (I) by inserting ``and each designated major 
                subprogram under the program'' after of ``the 
                program''; and
                    (II) by inserting ``or subprogram'' after ``for the 
                program'' each place it appears;

                (v) in subparagraph (H)--

                    (I) by inserting ``and each designated major 
                subprogram under the program'' after ``the program'' 
                the first place it appears; and
                    (II) by inserting ``or subprogram'' after ``the 
                program'' the second place it appears;

                (vi) in subparagraph (J), by inserting ``for the 
            program (or for each designated major subprogram under the 
            program)'' after ``program acquisition unit cost'';
                (vii) in subparagraph (K), by inserting ``for the 
            program (or for each designated major subprogram under the 
            program)'' after ``procurement unit cost'' each place it 
            appears;
                (viii) in subparagraph (O), by inserting before the 
            period the following: ``for the program (or for any 
            designated major subprogram under the program)'';
                (ix) in subparagraph (P)--

                    (I) by inserting ``or subprogram'' after ``the 
                program'' the first place it appears; and
                    (II) by inserting ``and any designated major 
                subprogram under the program'' after ``the program'' 
                the second place it appears; and

                (x) in subparagraph (Q), by inserting ``or any 
            designated major subprogram under the program'' after ``the 
            program''; and
            (B) in paragraph (2)--
                (i) by inserting ``or designated major subprogram'' 
            after ``major defense acquisition program'';
                (ii) by inserting ``or subprogram'' after ``the entire 
            program''; and
                (iii) by inserting ``or subprogram'' after ``a 
            program''.
    (d) Conforming Amendments to Section 2435.--Section 2435 of such 
title is amended--
        (1) in subsection (a)--
            (A) in paragraph (1), by inserting ``and for each 
        designated major subprogram under the program'' after ``major 
        defense acquisition program''; and
            (B) in paragraph (2), by inserting ``or designated major 
        subprogram'' after ``major defense acquisition program'';
        (2) in subsection (b)--
            (A) by inserting ``or any designated major subprogram under 
        the program'' after ``major defense acquisition program''; and
            (B) by inserting ``or subprogram'' after ``the program'';
        (3) in subsection (c)--
            (A) by inserting ``or any designated major subprogram under 
        the program'' after ``major defense acquisition program''; and
            (B) by inserting ``or subprogram'' after ``the program'' 
        each place it appears;
        (4) in subsection (d)--
            (A) by inserting ``or any designated major subprogram under 
        the program'' after ``major defense acquisition program'' each 
        place it appears;
            (B) in paragraph (1)--
                (i) by inserting ``or subprogram'' after ``the 
            program'' each place it appears; and
                (ii) by inserting ``or subprogram'' after ``at 
            program''; and
            (C) in paragraph (2), by inserting ``or subprogram'' after 
        ``for the program'' each place it appears; and
        (5) in subsection (e)--
            (A) by inserting ``(or in the case of a major defense 
        acquisition program with one or more designated major 
        subprograms, approved baseline descriptions for such 
        subprograms)'' after ``baseline description'';
            (B) by striking ``the baseline'' and inserting ``any such 
        baseline description''; and
            (C) by inserting ``or subprogram'' after ``of the 
        program''.
    SEC. 812. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY 
      INVESTMENTS IN ACQUISITION OVERSIGHT AUTHORITIES FOR MAJOR 
      AUTOMATED INFORMATION SYSTEM PROGRAMS.
    (a) Definitions.--
        (1) In general.--Section 2445a of title 10, United States Code, 
    is amended--
            (A) in subsection (a), by striking ``In General'' and 
        inserting ``Major Automated Information System Program''; and
            (B) by adding at the end the following new subsection:
    ``(d) Other Major Information Technology Investment Program.--In 
this chapter, the term `other major information technology investment 
program' means the following:
        ``(1) An investment that is designated by the Secretary of 
    Defense, or a designee of the Secretary, as a `pre-Major Automated 
    Information System' or `pre-MAIS' program.
        ``(2) Any other investment in automated information system 
    products or services that is expected to exceed the thresholds 
    established in subsection (a), as adjusted under subsection (b), 
    but is not considered to be a major automated information system 
    program because a formal acquisition decision has not yet been made 
    with respect to such investment.''.
        (2) Heading amendment.--The heading of such section is amended 
    to read as follows:
``Sec. 2445a. Definitions''.
        (3) Clerical amendment.--The table of sections at the beginning 
    of chapter 144A of such title is amended by striking the item 
    relating to section 2445a and inserting the following new item:

``2445a. Definitions.''.

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

                    (I) by inserting ``or major information technology 
                investment'' after ``major automated information 
                system''; and
                    (II) by inserting before the period the following: 
                ``or section 2445b(d) of this title, as applicable'';

        (4) in subsection (e), by inserting ``or other major 
    information technology investment program'' after ``major automated 
    information system program''; and
        (5) in subsection (f)--
            (A) by inserting ``or other major information technology 
        investment program'' after ``major automated information system 
        program'' in the matter preceding paragraph (1);
            (B) in paragraph (1), by inserting ``or information 
        technology investment'' after ``automated information system'';
            (C) in paragraph (2), by inserting ``or information 
        technology investment'' after ``the system''; and
            (D) in paragraph (3), by inserting ``or information 
        technology investment, as applicable,'' after ``the program and 
        system''.
    SEC. 813. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILESTONE A 
      AND MILESTONE B FOR CLARITY.
    (a) Reversal of Order of Sections.--Section 2366b of title 10, 
United States Code, is transferred so as to appear before section 2366a 
of such title.
    (b) Redesignation of Sections.--Section 2366b (relating to 
Milestone A) and section 2366a (relating to Milestone B) of such title, 
as so transferred, are redesignated as sections 2366a and 2366b, 
respectively.
    (c) Technical Amendment.--The table of sections at the beginning of 
chapter 139 of title 10, United States Code, is amended by striking the 
items relating sections 2366a and 2366b and inserting the following new 
items:

``2366a. Major defense acquisition programs: certification required 
          before Milestone A or Key Decision Point A approval.
``2366b. Major defense acquisition programs: certification required 
          before Milestone B or Key Decision Point B approval.''.

    (d) Conforming Amendments.--
        (1) Section 181 of title 10, united states code.--Section 
    181(b)(4) of title 10, United States Code, is amended by striking 
    ``section 2366a(a)(4), section 2366b(b),'' and inserting ``section 
    2366a(b), section 2366b(a)(4),''.
        (2) National defense authorization act for fiscal year 2008.--
    The National Defense Authorization Act for Fiscal Year 2008 (Public 
    Law 110-181) is amended--
            (A) in section 212(1) by striking ``2366a'' and inserting 
        ``2366b''; and
            (B) in section 816--
                (i) in subsection (a)(2) by striking ``2366a'' and 
            inserting ``2366b'';
                (ii) in subsection (a)(3) by striking ``2366b of title 
            10, United States Code, as added by section 943 of this 
            Act'' and inserting ``2366a of title 10, United States 
            Code''; and
                (iii) in subsection (c)(2) by striking ``2366a'' each 
            place such term appears (including in the paragraph 
            heading) and inserting ``2366b''.
        (3) John warner national defense authorization act for fiscal 
    year 2007.--The John Warner National Defense Authorization Act for 
    Fiscal Year 2007 (Public Law 109-364) is amended in section 812 
    (120 Stat. 2317), in each of subsections (c)(2)(A) and (d)(2), by 
    striking ``2366a'' and inserting ``2366b''.
    (e) Additional Technical Amendments.--
        (1) Section 2366a of title 10, United States Code, as 
    transferred and redesignated by this section, is amended--
            (A) in paragraphs (1), (2), and (4) of subsection (a), by 
        striking ``system'' each place it appears and inserting 
        ``program'';
            (B) in paragraph (3) of subsection (a)--
                (i) by striking ``if the system'' and inserting ``if 
            the program''; and
                (ii) by striking ``such system'' and inserting ``such 
            program'';
            (C) in subsection (b)--
                (i) by striking ``major system'' and inserting ``major 
            defense acquisition program''; and
                (ii) by striking ``the system'' each place it appears 
            and inserting ``the program''; and
            (D) in paragraph (1) of subsection (c)--
                (i) by striking ``major system'' and inserting ``major 
            defense acquisition program''; and
                (ii) by striking ``2302(5)'' and inserting ``2430''.
        (2) Section 943 of the National Defense Authorization Act for 
    Fiscal Year 2008 (Public Law 110-181; 122 Stat. 288) is amended--
            (A) in subsection (b), by striking ``major weapon system'' 
        and inserting ``major defense acquisition program''; and
            (B) in subsection (c)--
                (i) by striking ``major systems'' and inserting ``major 
            defense acquisition programs''; and
                (ii) by adding at the end the following: ``In the case 
            of the certification required by paragraph (2) of 
            subsection (a) of such section, during the period prior to 
            the completion of the first quadrennial roles and missions 
            review required by section 118b of title 10, United States 
            Code, the certification required by that paragraph shall be 
            that the system is being executed by an entity with a 
            relevant core competency as identified by the Secretary of 
            Defense.''.
    SEC. 814. CONFIGURATION STEERING BOARDS FOR COST CONTROL UNDER 
      MAJOR DEFENSE ACQUISITION PROGRAMS.
    (a) Configuration Steering Boards.--Each Secretary of a military 
department shall establish one or more boards (to be known as a 
``Configuration Steering Board'') for the major defense acquisition 
programs of such department.
    (b) Composition.--
        (1) Chair.--Each Configuration Steering Board under this 
    section shall be chaired by the service acquisition executive of 
    the military department concerned.
        (2) Particular members.--Each Configuration Steering Board 
    under this section shall include a representative of the following:
            (A) The Office of the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics.
            (B) The Chief of Staff of the Armed Force concerned.
            (C) Other Armed Forces, as appropriate.
            (D) The Joint Staff.
            (E) The Comptroller of the military department concerned.
            (F) The military deputy to the service acquisition 
        executive concerned.
            (G) The program executive officer for the major defense 
        acquisition program concerned.
            (H) Other senior representatives of the Office of the 
        Secretary of Defense and the military department concerned, as 
        appropriate.
    (c) Responsibilities.--
        (1) In general.--The Configuration Steering Board for a major 
    defense acquisition program under this section shall be responsible 
    for the following:
            (A) Preventing unnecessary changes to program requirements 
        and system configuration that could have an adverse impact on 
        program cost or schedule.
            (B) Mitigating the adverse cost and schedule impact of any 
        changes to program requirements or system configuration that 
        may be required.
            (C) Ensuring that the program delivers as much planned 
        capability as possible, at or below the relevant program 
        baseline.
        (2) Discharge of responsibilities.--In discharging its 
    responsibilities under this section with respect to a major defense 
    acquisition program, a Configuration Steering Board shall--
            (A) review and approve or disapprove any proposed changes 
        to program requirements or system configuration that have the 
        potential to adversely impact program cost or schedule; and
            (B) review and recommend proposals to reduce program 
        requirements that have the potential to improve program cost or 
        schedule in a manner consistent with program objectives.
        (3) Presentation of recommendations on reduction in 
    requirements.--Any recommendation for a proposed reduction in 
    requirements that is made by a Configuration Steering Board under 
    paragraph (2)(B) shall be presented to appropriate organizations of 
    the Joint Staff and the military departments responsible for such 
    requirements for review and approval in accordance with applicable 
    procedures.
        (4) Annual consideration of each major defense acquisition 
    program.--The Secretary of the military department concerned shall 
    ensure that a Configuration Steering Board under this section meets 
    to consider each major defense acquisition program of such military 
    department at least once each year.
        (5) Certification of cost and schedule deviations during system 
    design and development.--For a major defense acquisition program 
    that received an initial Milestone B approval during fiscal year 
    2008, a Configuration Steering Board may not approve any proposed 
    alteration to program requirements or system configuration if such 
    an alteration would--
            (A) increase the cost (including any increase for expected 
        inflation or currency exchange rates) for system development 
        and demonstration by more than 25 percent; or
            (B) extend the schedule for key events by more than 15 
        percent of the total number of months between the award of the 
        system development and demonstration contract and the scheduled 
        Milestone C approval date,
    unless the Under Secretary of Defense for Acquisition, Technology, 
    and Logistics certifies to the congressional defense committees, 
    and includes in the certification supporting rationale, that 
    approving such alteration to program requirements or system 
    configuration is in the best interest of the Department of Defense 
    despite the cost and schedule impacts to system development and 
    demonstration of such program.
    (d) Applicability.--
        (1) In general.--The requirements of this section shall apply 
    with respect to any major defense acquisition program that is 
    commenced before, on, or after the date of the enactment of this 
    Act.
        (2) Current programs.--In the case of any major defense 
    acquisition program that is ongoing as of the date of the enactment 
    of this Act, a Configuration Steering Board under this section 
    shall be established for such program not later than 60 days after 
    the date of the enactment of this Act.
    (e) Guidance on Authorities of Program Managers After Milestone 
B.--
        (1) Modification of guidance on authorities.--Paragraph (2) of 
    section 853(d) of the John Warner National Defense Authorization 
    Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2343) is 
    amended to read as follows:
        ``(2) authorities available to the program manager, including--
            ``(A) the authority to object to the addition of new 
        program requirements that would be inconsistent with the 
        parameters established at Milestone B (or Key Decision Point B 
        in the case of a space program) and reflected in the 
        performance agreement, unless such requirements are approved by 
        the appropriate Configuration Steering Board; and
            ``(B) the authority to recommend to the appropriate 
        Configuration Steering Board reduced program requirements that 
        have the potential to improve program cost or schedule in a 
        manner consistent with program objectives; and''.
        (2) Applicability.--The Secretary of Defense shall modify the 
    guidance described in section 853(d) of the John Warner National 
    Defense Authorization Act for Fiscal Year 2007 in order to take 
    into account the amendment made by paragraph (1) not later than 60 
    days after the date of the enactment of this Act.
    (f) Major Defense Acquisition Program Defined.--In this section, 
the term ``major defense acquisition program'' has the meaning given 
that term in section 2430(a) of title 10, United States Code.
    SEC. 815. PRESERVATION OF TOOLING FOR MAJOR DEFENSE ACQUISITION 
      PROGRAMS.
    (a) Guidance Required.--Not later than 270 days after the date of 
the enactment of this Act, the Secretary of Defense shall issue 
guidance requiring the preservation and storage of unique tooling 
associated with the production of hardware for a major defense 
acquisition program through the end of the service life of the end item 
associated with such a program. Such guidance shall--
        (1) require that the milestone decision authority approve a 
    plan, including the identification of any contract clauses, 
    facilities, and funding required, for the preservation and storage 
    of such tooling prior to Milestone C approval;
        (2) require that the milestone decision authority periodically 
    review the plan required by paragraph (1) prior to the end of the 
    service life of the end item, to ensure that the preservation and 
    storage of such tooling remains adequate and in the best interest 
    of the Department of Defense;
        (3) provide a mechanism for the Secretary to waive the 
    requirement for preservation and storage of unique production 
    tooling, or any category of unique production tooling, if the 
    Secretary--
            (A) makes a written determination that such a waiver is in 
        the best interest of the Department of Defense; and
            (B) notifies the congressional defense committees of the 
        waiver upon making such determination; and
        (4) provide such criteria as necessary to guide a determination 
    made pursuant to paragraph (3)(A).
    (b) Definitions.--In this section:
        (1) Major defense acquisition program.--The term ``major 
    defense acquisition program'' has the meaning provided in section 
    2430 of title 10, United States Code.
        (2) Milestone decision authority.--The term ``milestone 
    decision authority'' has the meaning provided in section 
    2366a(f)(2) of such title.
        (3) Milestone c approval.--The term ``Milestone C approval'' 
    has the meaning provided in section 2366(e)(8) of such title.

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

    SEC. 821. DEFINITION OF SYSTEM FOR DEFENSE ACQUISITION CHALLENGE 
      PROGRAM.
    Section 2359b of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(l) System Defined.--In this section, the term `system'--
        ``(1) means--
            ``(A) the organization of hardware, software, material, 
        facilities, personnel, data, and services needed to perform a 
        designated function with specified results (such as the 
        gathering of specified data, its processing, and its delivery 
        to users); or
            ``(B) a combination of two or more interrelated pieces (or 
        sets) of equipment arranged in a functional package to perform 
        an operational function or to satisfy a requirement; and
        ``(2) includes a major system (as defined in section 2302(5) of 
    this title).''.
    SEC. 822. TECHNICAL DATA RIGHTS.
    (a) Policy Guidance.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Defense shall issue policy 
guidance with respect to rights in technical data under a non-FAR 
agreement. The guidance shall--
        (1) establish criteria for defining the legitimate interests of 
    the United States and the party concerned in technical data 
    pertaining to an item or process to be developed under the 
    agreement;
        (2) require that specific rights in technical data be 
    established during agreement negotiations and be based upon 
    negotiations between the United States and the potential party to 
    the agreement, except in any case in which the Secretary of Defense 
    determines, on the basis of criteria established in such policy 
    guidance, that the establishment of rights during or through 
    agreement negotiations would not be practicable; and
        (3) require the program manager for a major weapon system or an 
    item of personnel protective equipment that is to be developed 
    using a non-FAR agreement to assess the long-term technical data 
    needs of such system or item.
    (b) Requirement to Include Provisions in Non-FAR Agreements.--A 
non-FAR agreement shall contain appropriate provisions relating to 
rights in technical data consistent with the policy guidance issued 
pursuant to subsection (a).
    (c) Definitions.--In this section:
        (1) The term ``non-FAR agreement'' means an agreement that is 
    not subject to laws pursuant to which the Federal Acquisition 
    Regulation is prescribed, including--
            (A) a transaction authorized under section 2371 of this 
        title; and
            (B) a cooperative research and development agreement.
        (2) The term ``party'', with respect to a non-FAR agreement, 
    means a non-Federal entity and includes any of the following:
            (A) A contractor and its subcontractors (at any tier).
            (B) A joint venture.
            (C) A consortium.
    (d) Report on Life Cycle Planning for Technical Data Needs.--Not 
later than 270 days after the date of enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report on the 
implementation of the requirements in section 2320(e) of title 10, 
United States Code, for the assessment of long-term technical data 
needs to sustain major weapon systems. Such report shall include--
        (1) a description of all relevant guidance or policies issued;
        (2) a description of the extent to which program managers have 
    received training to better assess the long-term technical data 
    needs of major weapon systems and subsystems; and
        (3) a description of one or more examples, if any, where a 
    priced contract option has been used on major weapon systems for 
    the future delivery of technical data and one or more examples, if 
    any, where all relevant technical data were acquired upon contract 
    award.
    SEC. 823. REVISION TO THE APPLICATION OF COST ACCOUNTING STANDARDS.
    (a) Requirement for Review of Exemptions to the Cost Accounting 
Standards.--The Cost Accounting Standards Board shall--
        (1) review the inapplicability of the cost accounting 
    standards, in accordance with existing exemptions, to any contract 
    or subcontract that is executed and performed outside the United 
    States when such a contract or subcontract is performed by a 
    contractor that, but for the fact that the contract or subcontract 
    is being executed and performed entirely outside the United States, 
    would be required to comply with such standards; and
        (2) determine whether the application of the standards to such 
    a contract or subcontract (or any category of such contracts and 
    subcontracts) would benefit the Government.
    (b) Publication of Request for Information.--The Cost Accounting 
Standards Board shall publish a request for information as part of the 
review required by subsection (a) and shall provide a copy of the 
request to the appropriate committees of Congress not less than five 
days before the publication of such request.
    (c) Report to Congress Upon Completion of the Review.--Not later 
than 270 days after the date of the enactment of this Act, the Cost 
Accounting Standards Board shall submit to the appropriate committees 
of Congress a report containing--
        (1) any revision to the cost accounting standards proposed as a 
    result of the review required by subsection (a) and a copy of any 
    proposed rulemaking implementing the revision; or
        (2) if no revision and rulemaking are proposed, a detailed 
    justification for such decision.
    (d) Definitions.--In this section:
        (1) The term ``appropriate committees of Congress'' means the 
    Committees on Armed Services of the Senate and of the House of 
    Representatives, the Committee on Homeland Security and 
    Governmental Affairs of the Senate, and the Committee on Oversight 
    and Government Reform of the House of Representatives.
        (2) The term ``cost accounting standards'' means the standards 
    promulgated under section 26 of the Office of Federal Procurement 
    Policy Act (41 U.S.C. 422).
        (3) The term ``Cost Accounting Standards Board'' means the 
    Board established pursuant to section 26 of the Office of Federal 
    Procurement Policy Act (41 U.S.C. 422).
    SEC. 824. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR 
      TRANSITION TO FOLLOW-ON CONTRACTS UNDER AUTHORITY TO CARRY OUT 
      CERTAIN PROTOTYPE PROJECTS.
    (a) Expansion of Scope of Pilot Program.--Paragraph (1) of section 
845(e) of the National Defense Authorization Act for Fiscal Year 1994 
(10 U.S.C. 2371 note) is amended by striking ``under prototype projects 
carried out under this section'' and inserting ``developed under 
prototype projects carried out under this section or research projects 
carried out pursuant to section 2371 of title 10, United States Code''.
    (b) Two-Year Extension of Authority.--Paragraph (4) of such section 
is amended by striking ``September 30, 2008'' and inserting ``September 
30, 2010''.
    SEC. 825. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE 
      DESIGNS OF DEPARTMENT OF DEFENSE VESSELS, BOATS, CRAFT, AND 
      COMPONENTS THEREOF.
    (a) In General.--Chapter 633 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 7317. Status of Government rights in the designs of vessels, 
    boats, and craft, and components thereof
    ``(a) In General.--Government rights in the design of a vessel, 
boat, or craft, and its components, including the hull, decks, 
superstructure, and all shipboard equipment and systems, shall be 
determined solely as follows:
        ``(1) In the case of a vessel, boat, craft, or component 
    procured through a contract, in accordance with the provisions of 
    section 2320 of this title.
        ``(2) In the case of a vessel, boat, craft, or component 
    procured through an instrument not governed by section 2320 of this 
    title, by the terms of the instrument (other than a contract) under 
    which the design for such vessel, boat, craft, or component, as 
    applicable, was developed for the Government.
    ``(b) Construction of Superseding Authorities.--This section may be 
modified or superseded by a provision of statute only if such provision 
expressly refers to this section in modifying or superseding this 
section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 633 of such title is amended by adding at the end the following 
new item:

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

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

    SEC. 831. DEVELOPMENT OF GUIDANCE ON PERSONAL SERVICES CONTRACTS.
    (a) Guidance Required.--Not later than 270 days after the date of 
the enactment of this Act, the Secretary of Defense shall develop 
guidance related to personal services contracts to--
        (1) require a clear distinction between employees of the 
    Department of Defense and employees of Department of Defense 
    contractors;
        (2) provide appropriate safeguards with respect to when, where, 
    and to what extent the Secretary may enter into a contract for the 
    procurement of personal services; and
        (3) assess and take steps to mitigate the risk that, as 
    implemented and administered, non-personal services contracts may 
    become personal services contracts.
    (b) Definition of Personal Services Contract.--In this section, the 
term ``personal services contract'' has the meaning given that term in 
section 2330a(g)(5) of title 10, United States Code.
    SEC. 832. SENSE OF CONGRESS ON PERFORMANCE BY PRIVATE SECURITY 
      CONTRACTORS OF CERTAIN FUNCTIONS IN AN AREA OF COMBAT OPERATIONS.
    It is the sense of Congress that--
        (1) security operations for the protection of resources 
    (including people, information, equipment, and supplies) in 
    uncontrolled or unpredictable high-threat environments should 
    ordinarily be performed by members of the Armed Forces if they will 
    be performed in highly hazardous public areas where the risks are 
    uncertain and could reasonably be expected to require deadly force 
    that is more likely to be initiated by personnel performing such 
    security operations than to occur in self-defense;
        (2) it should be in the sole discretion of the commander of the 
    relevant combatant command to determine whether or not the 
    performance by a private security contractor under a contract 
    awarded by any Federal agency of a particular activity, a series of 
    activities, or activities in a particular location, within a 
    designated area of combat operations is appropriate and such a 
    determination should not be delegated to any person who is not in 
    the military chain of command;
        (3) the Secretaries of the military departments and the Chiefs 
    of Staff of the Armed Forces should ensure that the United States 
    Armed Forces have appropriate numbers of trained personnel to 
    perform the functions described in paragraph (1) without the need 
    to rely upon private security contractors; and
        (4) the regulations issued by the Secretary of Defense pursuant 
    to section 862(a) of the National Defense Authorization Act for 
    Fiscal Year 2008 (Public Law 110-181; 122 Stat. 254; 10 U.S.C. 2302 
    note) should ensure that private security contractors are not 
    authorized to perform inherently governmental functions in an area 
    of combat operations.
    SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
    Section 1705 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) Expedited Hiring Authority.--
        ``(1) For purposes of sections 3304, 5333, and 5753 of title 5, 
    United States Code, the Secretary of Defense may--
            ``(A) designate any category of acquisition positions 
        within the Department of Defense as shortage category 
        positions; and
            ``(B) utilize the authorities in such sections to recruit 
        and appoint highly qualified persons directly to positions so 
        designated.
        ``(2) The Secretary may not appoint a person to a position of 
    employment under this subsection after September 30, 2012.''.
    SEC. 834. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY PERSONNEL 
      IN THE ACQUISITION FIELD.
    (a) Acquisition Personnel Requirements.--
        (1) In general.--Chapter 87 of title 10, United States Code, is 
    amended by inserting after section 1722 the following new section:
``Sec. 1722a. Special requirements for military personnel in the 
     acquisition field
    ``(a) Requirement for Policy and Guidance Regarding Military 
Personnel in Acquisition.--The Secretary of Defense shall require the 
Secretary of each military department (with respect to such military 
department) and the Under Secretary of Defense for Acquisition, 
Technology, and Logistics (with respect to the Office of the Secretary 
of Defense, the unified combatant commands, the Defense Agencies, and 
the Defense Field Activities) to establish policies and issue guidance 
to ensure the proper development, assignment, and employment of members 
of the armed forces in the acquisition field to achieve the objectives 
of this section as specified in subsection (b).
    ``(b) Objectives.--Policies established and guidance issued 
pursuant to subsection (a) shall ensure, at a minimum, the following:
        ``(1) A career path in the acquisition field that attracts the 
    highest quality officers and enlisted personnel.
        ``(2) A number of command positions and senior noncommissioned 
    officer positions, including acquisition billets reserved for 
    general officers and flag officers under subsection (c), sufficient 
    to ensure that members of the armed forces have opportunities for 
    promotion and advancement in the acquisition field.
        ``(3) A number of qualified, trained members of the armed 
    forces eligible for and active in the acquisition field sufficient 
    to ensure the optimum management of the acquisition functions of 
    the Department of Defense and the appropriate use of military 
    personnel in contingency contracting.
    ``(c) Reservation of Acquisition Billets for General Officers and 
Flag Officers.--(1) The Secretary of Defense shall--
        ``(A) establish for each military department a sufficient 
    number of billets coded or classified for acquisition personnel 
    that are reserved for general officers and flag officers that are 
    needed for the purpose of ensuring the optimum management of the 
    acquisition functions of the Department of Defense; and
        ``(B) ensure that the policies established and guidance issued 
    pursuant to subsection (a) by the Secretary of each military 
    department reserve at least that minimum number of billets and fill 
    the billets with qualified and trained general officers and flag 
    officers who have significant acquisition experience.
    ``(2) The Secretary of Defense shall ensure--
        ``(A) a sufficient number of billets for acquisition personnel 
    who are general officers or flag officers exist within the Office 
    of the Secretary of Defense, the unified combatant commands, the 
    Defense Agencies, and the Defense Field Activities to ensure the 
    optimum management of the acquisition functions of the Department 
    of Defense; and
        ``(B) that the policies established and guidance issued 
    pursuant to subsection (a) by the Secretary reserve within the 
    Office of the Secretary of Defense, the unified combatant commands, 
    the Defense Agencies, and the Defense Field Activities at least 
    that minimum number of billets and fill the billets with qualified 
    and trained general officers and flag officers who have significant 
    acquisition experience.
    ``(3) The Secretary of Defense shall ensure that a portion of the 
billets referred to in paragraphs (1) and (2) involve command of 
organizations primarily focused on contracting and are reserved for 
general officers and flag officers who have significant contracting 
experience.
    ``(d) Relationship to Limitation on Preference for Military 
Personnel.--Any designation or reservation of a position for a member 
of the armed forces as a result of a policy established or guidance 
issued pursuant to this section shall be deemed to meet the 
requirements for an exception under paragraph (2) of section 1722(b) of 
this title from the limitation in paragraph (1) of such section.
    ``(e) Report.--Not later than January 1 of each year, the Secretary 
of each military department shall submit to the Under Secretary of 
Defense for Acquisition, Technology, and Logistics a report describing 
how the Secretary fulfilled the objectives of this section in the 
preceding calendar year. The report shall include information on the 
reservation of acquisition billets for general officers and flag 
officers within the department concerned.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 87 of such title is amended by inserting after the item 
    relating to section 1722 the following new item:

``1722a. Special requirements for military personnel in the acquisition 
          field.''.

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

          Subtitle E--Department of Defense Contractor Matters

    SEC. 841. ETHICS SAFEGUARDS RELATED TO CONTRACTOR CONFLICTS OF 
      INTEREST.
    (a) Policy on Personal Conflicts of Interest by Employees of 
Federal Government Contractors.--Not later than 270 days after the date 
of the enactment of this Act, the Administrator for Federal Procurement 
Policy shall develop and issue a standard policy to prevent personal 
conflicts of interest by contractor employees performing acquisition 
functions closely associated with inherently governmental functions 
(including the development, award, and administration of Government 
contracts) for or on behalf of a Federal agency or department.
        (1) Elements of policy.--The policy required under subsection 
    (a) shall--
            (A) provide a definition of the term ``personal conflict of 
        interest'' as it relates to contractor employees performing 
        acquisition functions closely associated with inherently 
        governmental functions; and
            (B) require each contractor whose employees perform 
        acquisition functions closely associated with inherently 
        governmental functions to--
                (i) identify and prevent personal conflicts of interest 
            for employees of the contractor who are performing such 
            functions;
                (ii) prohibit contractor employees who have access to 
            non-public government information obtained while performing 
            such functions from using such information for personal 
            gain;
                (iii) report any personal conflict-of-interest 
            violation by such an employee to the applicable contracting 
            officer or contracting officer's representative as soon as 
            it is identified;
                (iv) maintain effective oversight to verify compliance 
            with personal conflict-of-interest safeguards;
                (v) have procedures in place to screen for potential 
            conflicts of interest for all employees performing such 
            functions; and
                (vi) take appropriate disciplinary action in the case 
            of employees who fail to comply with policies established 
            pursuant to this section.
        (2) Contract clause.--
            (A) The Administrator shall develop a personal conflicts-
        of-interest clause or a set of clauses for inclusion in 
        solicitations and contracts (and task or delivery orders) for 
        the performance of acquisition functions closely associated 
        with inherently governmental functions that sets forth the 
        personal conflicts-of-interest policy developed under this 
        subsection and that sets forth the contractor's 
        responsibilities under such policy.
            (B) Subparagraph (A) shall take effect 300 days after the 
        date of the enactment of this Act and shall apply to--
                (i) contracts entered into on or after that effective 
            date; and
                (ii) task or delivery orders awarded on or after that 
            effective date, regardless of whether the contracts 
            pursuant to which such task or delivery orders are awarded 
            are entered before, on, or after the date of the enactment 
            of this Act.
        (3) Applicability.--
            (A) Except as provided in subparagraph (B), this subsection 
        shall apply to any contract for an amount in excess of the 
        simplified acquisition threshold (as defined in section 4(11) 
        of the Office of Federal Procurement Policy Act (41 U.S.C. 
        403(11)) if the contract is for the performance of acquisition 
        functions closely associated with inherently governmental 
        functions.
            (B) If only a portion of a contract described in 
        subparagraph (A) is for the performance of acquisition 
        functions described in that subparagraph, then this subsection 
        applies only to that portion of the contract.
    (b) Review of Federal Acquisition Regulation Relating to Conflicts 
of Interest.--
        (1) Review.--Not later than 12 months after the date of the 
    enactment of this Act, the Administrator for Federal Procurement 
    Policy, in consultation with the Director of the Office of 
    Government Ethics, shall review the Federal Acquisition Regulation 
    to--
            (A) identify contracting methods, types and services that 
        raise heightened concerns for potential personal and 
        organizational conflicts of interest; and
            (B) determine whether revisions to the Federal Acquisition 
        Regulation are necessary to--
                (i) address personal conflicts of interest by 
            contractor employees with respect to functions other than 
            those described in subsection (a); or
                (ii) achieve sufficiently rigorous, comprehensive, and 
            uniform government-wide policies to prevent and mitigate 
            organizational conflicts of interest in Federal 
            contracting.
        (2) Regulatory revisions.--If the Administrator determines 
    pursuant to the review under paragraph (1)(B) that revisions to the 
    Federal Acquisition Regulation are necessary, the Administrator 
    shall work with the Federal Acquisition Regulatory Council to 
    prescribe appropriate revisions to the regulations, including the 
    development of appropriate contract clauses.
        (3) Report.--Not later than March 1, 2010, the Administrator 
    shall submit to the Committees on Armed Services of the Senate and 
    House of Representatives, the Committee on Homeland Security and 
    Governmental Affairs in the Senate, and the Committee on Oversight 
    and Government Reform of the House of Representatives a report 
    setting forth such findings and determinations under subparagraphs 
    (A) and (B) of paragraph (1), together with an assessment of any 
    revisions to the Federal Acquisition Regulation that may be 
    necessary.
    (c) Best Practices.--The Administrator for Federal Procurement 
Policy shall, in consultation with the Director of the Office 
Government Ethics, develop and maintain a repository of best practices 
relating to the prevention and mitigation of organizational and 
personal conflicts of interest in Federal contracting.
    SEC. 842. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR 
      EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS.
    (a) In General.--The Secretary of Defense shall ensure that 
contractors of the Department of Defense inform their employees in 
writing of employee whistleblower rights and protections under section 
2409 of title 10, United States Code, as implemented by subpart 3.9 of 
part I of title 48, Code of Federal Regulations.
    (b) Contractor Defined.--In this section, the term ``contractor'' 
has the meaning given that term in section 2409(e)(4) of title 10, 
United States Code.
    SEC. 843. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT AN 
      ACQUISITION STRATEGY FOR DEFENSE BASE ACT INSURANCE.
    (a) In General.--The Secretary of Defense shall adopt an 
acquisition strategy for insurance required by the Defense Base Act (42 
U.S.C. 1651 et seq.) which minimizes the cost of such insurance to the 
Department of Defense and to defense contractors subject to such Act.
    (b) Criteria.--The Secretary shall ensure that the acquisition 
strategy adopted pursuant to subsection (a) addresses the following 
criteria:
        (1) Minimize overhead costs associated with obtaining such 
    insurance, such as direct or indirect costs for contract management 
    and contract administration.
        (2) Minimize costs for coverage of such insurance consistent 
    with realistic assumptions regarding the likelihood of incurred 
    claims by contractors of the Department.
        (3) Provide for a correlation of premiums paid in relation to 
    claims incurred that is modeled on best practices in government and 
    industry for similar kinds of insurance.
        (4) Provide for a low level of risk to the Department.
        (5) Provide for a competitive marketplace for insurance 
    required by the Defense Base Act to the maximum extent practicable.
    (c) Options.--In adopting the acquisition strategy pursuant to 
subsection (a), the Secretary shall consider such options (including 
entering into a single Defense Base Act insurance contract) as the 
Secretary deems to best satisfy the criteria identified under 
subsection (b).
    (d) Report.--(1) Not later than 270 days after the date of 
enactment of this Act, the Secretary shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
and the Committee on Oversight and Government Reform of the House of 
Representatives a report on the acquisition strategy adopted pursuant 
to subsection (a).
    (2) The report shall include a discussion of each of the options 
considered pursuant to subsection (c) and the extent to which each 
option addresses the criteria identified under subsection (b), and 
shall include a plan to implement within 18 months after the date of 
enactment of this Act the acquisition strategy adopted by the 
Secretary.
    (e) Review of Acquisition Strategy.--As considered appropriate by 
the Secretary, but not less often than once every 3 years, the 
Secretary shall review and, as necessary, update the acquisition 
strategy adopted pursuant to subsection (a) to ensure that it best 
addresses the criteria identified under subsection (b).
    SEC. 844. REPORT ON USE OF OFF-SHORE SUBSIDIARIES BY DEFENSE 
      CONTRACTORS.
    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall provide a report 
to the Committees on Armed Services of the Senate and the House of 
Representatives on the use of off-shore subsidiaries by contractors of 
the Department of Defense.
    (b) Matters Covered.--The report shall comprehensively examine the 
rationale, implications, and costs and benefits for both the contractor 
and the Department of Defense in using off-shore subsidiaries, 
particularly in respect to--
        (1) tax liability (including corporate income taxes and payroll 
    taxes);
        (2) legal liability;
        (3) compliance with cost accounting standards;
        (4) efficiency in contract performance;
        (5) contract management and contract oversight; and
        (6) such other areas as the Comptroller General determines 
    appropriate.
    SEC. 845. DEFENSE INDUSTRIAL SECURITY.
     (a) Defense Industrial Security.--
        (1) In general.--Subchapter I of chapter 21 of title 10, United 
    States Code, is amended by adding at the end the following new 
    section:
``Sec. 438. Defense industrial security
    ``(a) Responsibility for Defense Industrial Security.--The 
Secretary of Defense shall be responsible for the protection of 
classified information disclosed to contractors of the Department of 
Defense.
    ``(b) Consistency With Executive Orders and Directives.--The 
Secretary shall carry out the responsibility assigned under subsection 
(a) in a manner consistent with Executive Order 12829 (or any successor 
order to such executive order) and consistent with policies relating to 
the National Industrial Security Program (or any successor to such 
program).
    ``(c) Performance of Industrial Security Functions for Other 
Agencies.--The Secretary may perform industrial security functions for 
other agencies of the Federal government upon request or upon 
designation of the Department of Defense as executive agent for the 
National Industrial Security Program (or any successor to such 
program).
    ``(d) Regulations and Policy Guidance.--The Secretary shall 
prescribe, and from time to time revise, such regulations and policy 
guidance as are necessary to ensure the protection of classified 
information disclosed to contractors of the Department of Defense.
    ``(e) Dedication of Resources.--The Secretary shall ensure that 
sufficient resources are provided to staff, train, and support such 
personnel as are necessary to fully protect classified information 
disclosed to contractors of the Department of Defense.
    ``(f) Biennial Report.--The Secretary shall report biennially to 
the congressional defense committees on expenditures and activities of 
the Department of Defense in carrying out the requirements of this 
section. The Secretary shall submit the report at or about the same 
time that the President's budget is submitted pursuant to section 
1105(a) of title 31, United States Code, in odd numbered years. The 
report shall be in an unclassified form (with a classified annex if 
necessary) and shall cover the activities of the Department of Defense 
in the preceding two fiscal years, including the following:
        ``(1) The workforce responsible for carrying out the 
    requirements of this section, including the number and experience 
    of such workforce; training in the performance of industrial 
    security functions; performance metrics; and resulting assessment 
    of overall quality.
        ``(2) A description of funds authorized, appropriated, or 
    reprogrammed to carry out the requirements of this section, the 
    budget execution of such funds, and the adequacy of budgets 
    provided for performing such purpose.
        ``(3) Statistics on the number of contractors handling 
    classified information of the Department of Defense, and the 
    percentage of such contractors who are subject to foreign 
    ownership, control, or influence.
        ``(4) Statistics on the number of violations identified, 
    enforcement actions taken, and the percentage of such violations 
    occurring at facilities of contractors subject to foreign 
    ownership, control, or influence.
        ``(5) An assessment of whether major contractors implementing 
    the program have adequate enforcement programs and have trained 
    their employees adequately in the requirements of the program.
        ``(6) Trend data on attempts to compromise classified 
    information disclosed to contractors of the Department of Defense 
    to the extent that such data are available.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of subchapter I of chapter 21 of title 10, United States Code, is 
    amended by adding at the end the following new item:

``438. Defense industrial security.''.

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

          Subtitle F--Matters Relating to Iraq and Afghanistan

    SEC. 851. CLARIFICATION AND MODIFICATION OF AUTHORITIES RELATING TO 
      THE COMMISSION ON WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN.
    (a) Nature of Commission.--Subsection (a) of section 841 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 230) is amended by inserting ``in the legislative 
branch'' after ``There is hereby established''.
    (b) Pay and Annuities of Members and Staff on Federal 
Reemployment.--Subsection (e) of such is amended by adding at the end 
the following new paragraph:
        ``(8) Pay and annuities of members and staff on federal 
    reemployment.--If warranted by circumstances described in 
    subparagraph (A) or (B) of section 8344(i)(1) of title 5, United 
    States Code, or by circumstances described in subparagraph (A) or 
    (B) of section 8468(f)(1) of such title, as applicable, a co-
    chairman of the Commission may exercise, with respect to the 
    members and staff of the Commission, the same waiver authority as 
    would be available to the Director of the Office of Personnel 
    Management under such section.''.
    (c) Effective Date.--
        (1) Nature of commission.--The amendment made by subsection (a) 
    shall take effect as of January 28, 2008, as if included in the 
    enactment of the National Defense Authorization Act for Fiscal Year 
    2008.
        (2) Pay and annuities.--The amendment made by subsection (b) 
    shall apply to members and staff of the Commission on Wartime 
    Contracting in Iraq and Afghanistan appointed or employed, as the 
    case may be, on or after that date.
    SEC. 852. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND DEPOT 
      OVERHAUL AND MAINTENANCE OF EQUIPMENT FOR OPERATIONS IN IRAQ AND 
      AFGHANISTAN.
    (a) Audits Required.--The Army Audit Agency, the Navy Audit 
Service, and the Air Force Audit Agency shall each conduct thorough 
audits to identify potential waste, fraud, and abuse in the performance 
of the following:
        (1) Department of Defense contracts, subcontracts, and task and 
    delivery orders for--
            (A) depot overhaul and maintenance of equipment for the 
        military in Iraq and Afghanistan; and
            (B) spare parts for military equipment used in Iraq and 
        Afghanistan; and
        (2) Department of Defense in-house overhaul and maintenance of 
    military equipment used in Iraq and Afghanistan.
    (b) Comprehensive Audit Plan.--
        (1) Plans.--The Army Audit Agency, the Navy Audit Service, and 
    the Air Force Audit Agency shall, in coordination with the 
    Inspector General of the Department of Defense, develop a 
    comprehensive plan for a series of audits to discharge the 
    requirements of subsection (a).
        (2) Incorporation into required audit plan.--The plan developed 
    under paragraph (1) shall be submitted to the Inspector General of 
    the Department of Defense for incorporation into the audit plan 
    required by section 842(b)(1) of the National Defense Authorization 
    Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 234; 10 
    U.S.C. 2302 note).
    (c) Independent Conduct of Audit Functions.--All audit functions 
performed under this section, including audit planning and 
coordination, shall be performed in an independent manner.
    (d) Availability of Results.--All audit reports resulting from 
audits under this section shall be made available to the Commission on 
Wartime Contracting in Iraq and Afghanistan established pursuant to 
section 841 of the National Defense Authorization Act for Fiscal Year 
2008 (122 Stat. 230).
    (e) Construction.--Nothing in this section shall be construed to 
require any agency of the Federal Government to duplicate audit work 
that an agency of the Federal Government has already performed.
    SEC. 853. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY CONTRACTORS 
      PERFORMING SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS.
    Section 862 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 254; 10 U.S.C. 2302 note) is 
amended--
        (1) in subsection (a)(2)(D)--
            (A) by striking ``or'' at the end of clause (ii); and
            (B) by inserting after clause (iii) the following new 
        clauses:
                ``(iv) a weapon is discharged against personnel 
            performing private security functions in an area of combat 
            operations or personnel performing such functions believe a 
            weapon was so discharged; or
                ``(v) active, non-lethal countermeasures (other than 
            the discharge of a weapon) are employed by the personnel 
            performing private security functions in an area of combat 
            operations in response to a perceived immediate threat to 
            such personnel;''; and
        (2) in subsection (b)(2)(B) in the matter preceding clause 
    (i)--
            (A) by inserting ``comply with and'' before ``ensure''; and
            (B) by striking ``comply with--'' and inserting ``act in 
        accordance with--''.
    SEC. 854. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES 
      RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR PERSONNEL IN 
      IRAQ AND AFGHANISTAN.
    (a) In General.--Section 861(b) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
253; 10 U.S.C. 2302 note) is amended by adding the following new 
paragraphs:
        ``(7) Mechanisms for ensuring that contractors are required to 
    report offenses described in paragraph (6) that are alleged to have 
    been committed by or against contractor personnel to appropriate 
    investigative authorities.
        ``(8) Responsibility for providing victim and witness 
    protection and assistance to contractor personnel in connection 
    with alleged offenses described in paragraph (6).
        ``(9) Development of a requirement that a contractor shall 
    provide to all contractor personnel who will perform work on a 
    contract in Iraq or Afghanistan, before beginning such work, 
    information on the following:
            ``(A) How and where to report an alleged offense described 
        in paragraph (6).
            ``(B) Where to seek the assistance required by paragraph 
        (8).''.
    (b) Implementation.--
        (1) Through memorandum of understanding.--The memorandum of 
    understanding required by section 861(a) of the National Defense 
    Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
    Stat. 253; 10 U.S.C. 2302 note) shall be modified to address the 
    requirements under the amendment made by subsection (a) not later 
    than 120 days after the date of the enactment of this Act.
        (2) As condition of current and future contracts.--The 
    requirements under the amendment made by subsection (a) shall be 
    included in each contract in Iraq or Afghanistan (as defined in 
    section 864(a)(2) of Public Law 110-181; 2302 note) awarded on or 
    after the date that is 180 days after the date of the enactment of 
    this Act. Federal agencies shall make best efforts to provide for 
    the inclusion of such requirements in covered contracts awarded 
    before such date.
    (c) Reporting Requirement.--Beginning not later than 270 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
make publicly available a numerical accounting of alleged offenses 
described in section 861(b)(6) of Public Law 110-181 that have been 
reported under that section that occurred after the date of the 
enactment of this Act. The information shall be updated no less 
frequently than semi-annually.
    (d) Definitions.--Section 864(a) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
253; 10 U.S.C. 2302 note) is amended--
        (1) by redesignating paragraphs (5) and (6) as paragraphs (6) 
    and (7), respectively; and
        (2) by inserting after paragraph (4) the following new 
    paragraph:
        ``(5) Contractor personnel.--The term `contractor personnel' 
    means any person performing work under contract for the Department 
    of Defense, the Department of State, or the United States Agency 
    for International Development, in Iraq or Afghanistan, including 
    individuals and subcontractors at any tier.''.
    SEC. 855. SUSPENSION OF STATUTES OF LIMITATIONS WHEN CONGRESS 
      AUTHORIZES THE USE OF MILITARY FORCE.
    Section 3287 of title 18, United States Code, is amended--
        (1) by inserting ``or Congress has enacted a specific 
    authorization for the use of the Armed Forces, as described in 
    section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)),'' 
    after ``is at war'';
        (2) by inserting ``or directly connected with or related to the 
    authorized use of the Armed Forces'' after ``prosecution of the 
    war'';
        (3) by striking ``three years'' and inserting ``5 years'';
        (4) by striking ``proclaimed by the President'' and inserting 
    ``proclaimed by a Presidential proclamation, with notice to 
    Congress,''; and
        (5) by adding at the end the following: ``For purposes of 
    applying such definitions in this section, the term `war' includes 
    a specific authorization for the use of the Armed Forces, as 
    described in section 5(b) of the War Powers Resolution (50 U.S.C. 
    1544(b)).''.

          Subtitle G--Governmentwide Acquisition Improvements

    SEC. 861. SHORT TITLE.
    This subtitle may be cited as the ``Clean Contracting Act of 
2008''.
    SEC. 862. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.
    (a) Civilian Agency Contracts.--Section 303(d) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253(d)) is 
amended by adding at the end the following new paragraph:
    ``(3)(A) The contract period of a contract described in 
subparagraph (B) that is entered into by an executive agency pursuant 
to the authority provided under subsection (c)(2)--
        ``(i) may not exceed the time necessary--
            ``(I) to meet the unusual and compelling requirements of 
        the work to be performed under the contract; and
            ``(II) for the executive agency to enter into another 
        contract for the required goods or services through the use of 
        competitive procedures; and
        ``(ii) may not exceed one year unless the head of the executive 
    agency entering into such contract determines that exceptional 
    circumstances apply.
    ``(B) This paragraph applies to any contract in an amount greater 
than the simplified acquisition threshold.''.
    (b) Defense Contracts.--Section 2304(d) of title 10, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(3)(A) The contract period of a contract described in 
subparagraph (B) that is entered into by an agency pursuant to the 
authority provided under subsection (c)(2)--
        ``(i) may not exceed the time necessary--
            ``(I) to meet the unusual and compelling requirements of 
        the work to be performed under the contract; and
            ``(II) for the agency to enter into another contract for 
        the required goods or services through the use of competitive 
        procedures; and
        ``(ii) may not exceed one year unless the head of the agency 
    entering into such contract determines that exceptional 
    circumstances apply.
    ``(B) This paragraph applies to any contract in an amount greater 
than the simplified acquisition threshold.''.
    SEC. 863. REQUIREMENTS FOR PURCHASE OF PROPERTY AND SERVICES 
      PURSUANT TO MULTIPLE AWARD CONTRACTS.
    (a) Regulations Required.--Not later than one year after the date 
of the enactment of this Act, the Federal Acquisition Regulation shall 
be amended to require enhanced competition in the purchase of property 
and services by all executive agencies pursuant to multiple award 
contracts.
    (b) Content of Regulations.--
        (1) In general.--The regulations required by subsection (a) 
    shall provide, at a minimum, that each individual purchase of 
    property or services in excess of the simplified acquisition 
    threshold that is made under a multiple award contract shall be 
    made on a competitive basis unless a contracting officer--
            (A) waives the requirement on the basis of a determination 
        that--
                (i) one of the circumstances described in paragraphs 
            (1) through (4) of section 303J(b) of the Federal Property 
            and Administrative Services Act of 1949 (41 U.S.C. 253j(b)) 
            or section 2304c(b) of title 10, United States Code, 
            applies to such individual purchase; or
                (ii) a law expressly authorizes or requires that the 
            purchase be made from a specified source; and
            (B) justifies the determination in writing.
        (2) Competitive basis procedures.--For purposes of this 
    subsection, an individual purchase of property or services is made 
    on a competitive basis only if it is made pursuant to procedures 
    that--
            (A) except as provided in paragraph (3), require fair 
        notice of the intent to make that purchase (including a 
        description of the work to be performed and the basis on which 
        the selection will be made) to be provided to all contractors 
        offering such property or services under the multiple award 
        contract; and
            (B) afford all contractors responding to the notice a fair 
        opportunity to make an offer and have that offer fairly 
        considered by the official making the purchase.
        (3) Exception to notice requirement.--
            (A) In general.--Notwithstanding paragraph (2), and subject 
        to subparagraph (B), notice may be provided to fewer than all 
        contractors offering such property or services under a multiple 
        award contract as described in subsection (d)(2)(A) if notice 
        is provided to as many contractors as practicable.
            (B) Limitation on exception.--A purchase may not be made 
        pursuant to a notice that is provided to fewer than all 
        contractors under subparagraph (A) unless--
                (i) offers were received from at least 3 qualified 
            contractors; or
                (ii) a contracting officer of the executive agency 
            determines in writing that no additional qualified 
            contractors were able to be identified despite reasonable 
            efforts to do so.
    (c) Public Notice Requirements Related to Sole Source Task or 
Delivery Orders.--
        (1) Public notice required.--Not later than one year after the 
    date of the enactment of this Act, the Federal Acquisition 
    Regulation shall be amended to require the head of each executive 
    agency to--
            (A) publish on FedBizOpps notice of all sole source task or 
        delivery orders in excess of the simplified acquisition 
        threshold that are placed against multiple award contracts not 
        later than 14 days after such orders are placed, except in the 
        event of extraordinary circumstances or classified orders; and
            (B) disclose the determination required by subsection 
        (b)(1) related to sole source task or delivery orders in excess 
        of the simplified acquisition threshold placed against multiple 
        award contracts through the same mechanism and to the same 
        extent as the disclosure of documents containing a 
        justification and approval required by section 2304(f)(1) of 
        title 10, United States Code, and section 303(f)(1) of the 
        Federal Property and Administrative Services Act of 1949 (41 
        U.S.C. 253(f)(1)), except in the event of extraordinary 
        circumstances or classified orders.
        (2) Exemption.--This subsection does not require the public 
    availability of information that is exempt from public disclosure 
    under section 552(b) of title 5, United States Code.
    (d) Definitions.--In this section:
        (1) The term ``executive agency'' has the meaning given such 
    term in section 4(1) of the Office of Federal Procurement Policy 
    Act (41 U.S.C. 403(1)).
        (2) The term ``individual purchase'' means a task order, 
    delivery order, or other purchase.
        (3) The term ``multiple award contract'' means--
            (A) a contract that is entered into by the Administrator of 
        General Services under the multiple award schedule program 
        referred to in section 2302(2)(C) of title 10, United States 
        Code;
            (B) a multiple award task order contract that is entered 
        into under the authority of sections 2304a through 2304d of 
        title 10, United States Code, or sections 303H through 303K of 
        the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 253h through 253k); and
            (C) any other indefinite delivery, indefinite quantity 
        contract that is entered into by the head of an executive 
        agency with 2 or more sources pursuant to the same 
        solicitation.
        (4) The term ``sole source task or delivery order'' means any 
    order that does not follow the competitive procedures in subsection 
    (b)(2) or (b)(3).
    (e) Applicability.--The regulations required by subsection (a) 
shall apply to all individual purchases of property or services that 
are made under multiple award contracts on or after the effective date 
of such regulations, without regard to whether the multiple award 
contracts were entered into before, on, or after such effective date.
    (f) Repeal of Redundant Provision.--Section 803 of the National 
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 
U.S.C. 2304 note) is repealed.
    SEC. 864. REGULATIONS ON THE USE OF COST-REIMBURSEMENT CONTRACTS.
    (a) In General.--Not later than 270 days after the date of the 
enactment of this Act, the Federal Acquisition Regulation shall be 
revised to address the use of cost-reimbursement contracts.
    (b) Content.--The regulations promulgated under subsection (a) 
shall include, at a minimum, guidance regarding--
        (1) when and under what circumstances cost-reimbursement 
    contracts are appropriate;
        (2) the acquisition plan findings necessary to support a 
    decision to use cost-reimbursement contracts; and
        (3) the acquisition workforce resources necessary to award and 
    manage cost-reimbursement contracts.
    (c) Inspector General Review.--Not later than one year after the 
regulations required by subsection (a) are promulgated, the Inspector 
General for each executive agency shall review the use of cost-
reimbursement contracts by such agency for compliance with such 
regulations and shall include the results of the review in the 
Inspector General's next semiannual report.
    (d) Report.--Subject to subsection (f), the Director of the Office 
of Management and Budget shall submit an annual report to Congressional 
committees identified in subsection (e) on the use of cost-
reimbursement contracts and task or delivery orders by all executive 
agencies. The report shall be submitted no later than March 1 and shall 
cover the fiscal year ending September 30 of the prior year. The report 
shall include--
        (1) the total number and value of contracts awarded and orders 
    issued during the covered fiscal year;
        (2) the total number and value of cost-reimbursement contracts 
    awarded and orders issued during the covered fiscal year; and
        (3) an assessment of the effectiveness of the regulations 
    promulgated pursuant to subsection (a) in ensuring the appropriate 
    use of cost-reimbursement contracts.
    (e) Congressional Committees Defined.--The report required by 
subsection (d) shall be submitted to the Committee on Oversight and 
Government Reform of the House of Representatives; the Committee on 
Homeland Security and Governmental Affairs of the Senate; the 
Committees on Appropriations of the House of Representatives and the 
Senate; and, in the case of the Department of Defense and the 
Department of Energy, the Committees on Armed Services of the Senate 
and the House of Representatives.
    (f) Requirements Limited to Certain Agencies and Years.--
        (1) Agencies.--The requirement in subsection (c) shall apply 
    only to those executive agencies that awarded contracts or issued 
    orders (under contracts previously awarded) in a total amount of at 
    least $1,000,000,000 in the fiscal year proceeding the fiscal year 
    in which the assessments and reports are submitted.
        (2) Years.--The report required by subsection (d) shall be 
    submitted from March 1, 2009, until March 1, 2014.
    (g) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given such term in section 4(1) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).
    SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.
    (a) Office of Management and Budget Policy Guidance.--
        (1) Report and guidelines.--Not later than one year after the 
    date of the enactment of this Act, the Director of the Office of 
    Management and Budget shall--
            (A) submit to Congress a comprehensive report on 
        interagency acquisitions, including their frequency of use, 
        management controls, cost-effectiveness, and savings generated; 
        and
            (B) issue guidelines to assist the heads of executive 
        agencies in improving the management of interagency 
        acquisitions.
        (2) Matters covered by guidelines.--For purposes of paragraph 
    (1)(B), the Director shall include guidelines on the following 
    matters:
            (A) Procedures for the use of interagency acquisitions to 
        maximize competition, deliver best value to executive agencies, 
        and minimize waste, fraud, and abuse.
            (B) Categories of contracting inappropriate for interagency 
        acquisition.
            (C) Requirements for training acquisition workforce 
        personnel in the proper use of interagency acquisitions.
    (b) Regulations Required.--
        (1) In general.--Not later than one year after the date of the 
    enactment of this Act, the Federal Acquisition Regulation shall be 
    revised to require that all interagency acquisitions--
            (A) include a written agreement between the requesting 
        agency and the servicing agency assigning responsibility for 
        the administration and management of the contract;
            (B) include a determination that an interagency acquisition 
        is the best procurement alternative; and
            (C) include sufficient documentation to ensure an adequate 
        audit.
        (2) Multi-agency contracts.--Not later than one year after the 
    date of the enactment of this Act, the Federal Acquisition 
    Regulation shall be revised to require any multi-agency contract 
    entered into by an executive agency after the effective date of 
    such regulations to be supported by a business case analysis 
    detailing the administration of such contract, including an 
    analysis of all direct and indirect costs to the Federal Government 
    of awarding and administering such contract and the impact such 
    contract will have on the ability of the Federal Government to 
    leverage its purchasing power.
    (c) Agency Reporting Requirement.--The senior procurement executive 
for each executive agency shall, as directed by the Director of the 
Office of Management and Budget, submit to the Director annual reports 
on the actions taken by the executive agency pursuant to the guidelines 
issued under subsection (a).
    (d) Definitions.--In this section:
        (1) The term ``executive agency'' has the meaning given such 
    term in section 4(1) of the Office of Federal Procurement Policy 
    Act (41 U.S.C. 403(1)), except that, in the case of a military 
    department, it means the Department of Defense.
        (2) The term ``head of executive agency'' means the head of an 
    executive agency except that, in the case of a military department, 
    the term means the Secretary of Defense.
        (3) The term ``interagency acquisition'' means a procedure by 
    which an executive agency needing supplies or services (the 
    requesting agency) obtains them from another executive agency (the 
    servicing agency). The term includes acquisitions under section 
    1535 of title 31, United States Code (commonly referred to as the 
    ``Economy Act''), Federal Supply Schedules above $500,000, and 
    Governmentwide acquisition contracts.
        (4) The term ``multi-agency contract'' means a task or delivery 
    order contract established for use by more than one executive 
    agency to obtain supplies and services, consistent with section 
    1535 of title 31, United States Code (commonly referred to as the 
    ``Economy Act'').
    SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS.
    (a) Regulations.--Not later than one year after the date of the 
enactment of this Act, the Federal Acquisition Regulation shall be 
amended, for executive agencies other than the Department of Defense, 
to minimize the excessive use by contractors of subcontractors, or of 
tiers of subcontractors, that add no or negligible value, and to ensure 
that neither a contractor nor a subcontractor receives indirect costs 
or profit on work performed by a lower-tier subcontractor to which the 
higher-tier contractor or subcontractor adds no, or negligible, value 
(but not to limit charges for indirect costs and profit based on the 
direct costs of managing lower-tier subcontracts).
    (b) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an amount 
greater than the simplified acquisition threshold (as defined by 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)).
    (c) Rule of Construction.--Nothing in this section shall be 
construed as limiting the ability of the Department of Defense to 
implement more restrictive limitations on the tiering of 
subcontractors.
    (d) Applicability.--The Department of Defense shall continue to be 
subject to guidance on limitations on tiering of subcontractors issued 
by the Department pursuant to section 852 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2340).
    (e) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given such term in section 4(1) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).
    SEC. 867. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION 
      OUTCOMES.
    (a) Guidance for Executive Agencies on Linking of Award and 
Incentive Fees to Acquisition Outcomes.--Not later than 1 year after 
the date of the enactment of this Act, the Federal Acquisition 
Regulation shall be amended to provide executive agencies other than 
the Department of Defense with instructions, including definitions, on 
the appropriate use of award and incentive fees in Federal acquisition 
programs.
    (b) Elements.--The regulations under subsection (a) shall--
        (1) ensure that all new contracts using award fees link such 
    fees to acquisition outcomes (which shall be defined in terms of 
    program cost, schedule, and performance);
        (2) establish standards for identifying the appropriate level 
    of officials authorized to approve the use of award and incentive 
    fees in new contracts;
        (3) provide guidance on the circumstances in which contractor 
    performance may be judged to be ``excellent'' or ``superior'' and 
    the percentage of the available award fee which contractors should 
    be paid for such performance;
        (4) establish standards for determining the percentage of the 
    available award fee, if any, which contractors should be paid for 
    performance that is judged to be ``acceptable'', ``average'', 
    ``expected'', ``good'', or ``satisfactory'';
        (5) ensure that no award fee may be paid for contractor 
    performance that is judged to be below satisfactory performance or 
    performance that does not meet the basic requirements of the 
    contract;
        (6) provide specific direction on the circumstances, if any, in 
    which it may be appropriate to roll over award fees that are not 
    earned in one award fee period to a subsequent award fee period or 
    periods;
        (7) ensure consistent use of guidelines and definitions 
    relating to award and incentive fees across the Federal Government;
        (8) ensure that each executive agency--
            (A) collects relevant data on award and incentive fees paid 
        to contractors; and
            (B) has mechanisms in place to evaluate such data on a 
        regular basis;
        (9) include performance measures to evaluate the effectiveness 
    of award and incentive fees as a tool for improving contractor 
    performance and achieving desired program outcomes; and
        (10) provide mechanisms for sharing proven incentive strategies 
    for the acquisition of different types of products and services 
    among contracting and program management officials.
    (c) Guidance for Department of Defense.--The Department of Defense 
shall continue to be subject to guidance on award and incentive fees 
issued by the Secretary of Defense pursuant to section 814 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364; 120 Stat. 2321).
    (d) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given such term in section 4(1) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).
    SEC. 868. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.
    (a) Regulations Required.--Not later than 180 days after the date 
of the enactment of this Act, the Federal Acquisition Regulation shall 
be amended with respect to the procurement of commercial services.
    (b) Applicability of Commercial Procedures.--
        (1) Services of a type sold in marketplace.--The regulations 
    modified pursuant to subsection (a) shall ensure that services that 
    are not offered and sold competitively in substantial quantities in 
    the commercial marketplace, but are of a type offered and sold 
    competitively in substantial quantities in the commercial 
    marketplace, may be treated as commercial items for purposes of 
    section 254b of title 41, United States Code (relating to truth in 
    negotiations), only if the contracting officer determines in 
    writing that the offeror has submitted sufficient information to 
    evaluate, through price analysis, the reasonableness of the price 
    for such services.
        (2) Information submitted.--To the extent necessary to make a 
    determination under paragraph (1), the contracting officer may 
    request the offeror to submit--
            (A) prices paid for the same or similar commercial items 
        under comparable terms and conditions by both government and 
        commercial customers; and
            (B) if the contracting officer determines that the 
        information described in subparagraph (A) is not sufficient to 
        determine the reasonableness of price, other relevant 
        information regarding the basis for price or cost, including 
        information on labor costs, material costs, and overhead rates.
    SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.
    (a) Purpose.--The purpose of this section is to authorize the 
preparation and completion of a plan (to be known as the ``Acquisition 
Workforce Development Strategic Plan'') for Federal agencies other than 
the Department of Defense to develop a specific and actionable 5-year 
plan to increase the size of the acquisition workforce, and to operate 
a government-wide acquisition intern program, for such Federal 
agencies.
    (b) Establishment of Plan.--The Associate Administrator for 
Acquisition Workforce Programs designated under section 855(a) of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 251; 41 U.S.C. 433(a)) shall be responsible for the 
management, oversight, and administration of the Acquisition Workforce 
Development Strategic Plan in cooperation and consultation with the 
Office of Federal Procurement Policy and the assistance of the Federal 
Acquisition Institute.
    (c) Criteria.--The Acquisition Workforce Development Strategic Plan 
shall include, at a minimum, an examination of the following matters:
        (1) The variety and complexity of acquisitions conducted by 
    each Federal agency covered by the plan, and the workforce needed 
    to effectively carry out such acquisitions.
        (2) The development of a sustainable funding model to support 
    efforts to hire, retain, and train an acquisition workforce of 
    appropriate size and skill to effectively carry out the acquisition 
    programs of the Federal agencies covered by the plan, including an 
    examination of interagency funding methods and a discussion of how 
    the model of the Defense Acquisition Workforce Development Fund 
    could be applied to civilian agencies.
        (3) Any strategic human capital planning necessary to hire, 
    retain, and train an acquisition workforce of appropriate size and 
    skill at each Federal agency covered by the plan.
        (4) Methodologies that Federal agencies covered by the plan can 
    use to project future acquisition workforce personnel hiring 
    requirements, including an appropriate distribution of such 
    personnel across each category of positions designated as 
    acquisition workforce personnel under section 37(j) of the Office 
    of Federal Procurement Policy Act (41 U.S.C. 433(j)).
        (5) Government-wide training standards and certification 
    requirements necessary to enhance the mobility and career 
    opportunities of the Federal acquisition workforce within the 
    Federal agencies covered by the plan.
        (6) If the Associate Administrator recommends as part of the 
    plan a growth in the acquisition workforce of the Federal agencies 
    covered by the plan below 25 percent over the next 5 years, an 
    examination of each of the matters specified in paragraphs (1) 
    through (5) in the context of a 5-year plan that increases the size 
    of such acquisition workforce by not less than 25 percent, or an 
    explanation why such a level of growth would not be in the best 
    interest of the Federal Government.
    (d) Deadline for Completion.--The Acquisition Workforce Development 
Strategic Plan shall be completed not later than one year after the 
date of the enactment of this Act and in a fashion that allows for 
immediate implementation of its recommendations and guidelines.
    (e) Funds.--The Acquisition Workforce Development Strategic Plan 
shall be funded from the Acquisition Workforce Training Fund under 
section 37(h)(3) of the Office of Federal Procurement Policy Act (41 
U.S.C. 433(h)(3)).
    SEC. 870. CONTINGENCY CONTRACTING CORPS.
    (a) Establishment.--The Office of Federal Procurement Policy Act 
(41 U.S.C. 403 et seq.) is amended by adding at the end the following 
new section:
  ``SEC. 44. CONTINGENCY CONTRACTING CORPS.
    ``(a) Establishment.--The Administrator of General Services, 
pursuant to policies established by the Office of Management and 
Budget, and in consultation with the Secretary of Defense and the 
Secretary of Homeland Security, shall establish a Governmentwide 
Contingency Contracting Corps (in this section referred to as the 
`Corps'). The members of the Corps shall be available for deployment in 
responding to an emergency or major disaster, or a contingency 
operation, both within or outside the continental United States.
    ``(b) Applicability.--The authorities provided in this section 
apply with respect to any procurement of property or services by or for 
an executive agency that, as determined by the head of such executive 
agency, are to be used--
        ``(1) in support of a contingency operation as defined in 
    section 101(a)(13) of title 10, United States Code; or
        ``(2) to respond to an emergency or major disaster as defined 
    in section 102 of the Robert T. Stafford Disaster Relief and 
    Emergency Assistance Act (42 U.S.C. 5122).
    ``(c) Membership.--Membership in the Corps shall be voluntary and 
open to all Federal employees and members of the Armed Forces who are 
members of the Federal acquisition workforce.
    ``(d) Education and Training.--The Administrator may, in 
consultation with the Director of the Federal Acquisition Institute and 
the Chief Acquisition Officers Council, establish educational and 
training requirements for members of the Corps. Education and training 
carried out pursuant to such requirements shall be paid for from funds 
available in the acquisition workforce training fund established 
pursuant to section 37(h)(3) of this Act.
    ``(e) Salary.--The salary for a member of the Corps shall be paid--
        ``(1) in the case of a member of the Armed Forces, out of funds 
    available to the Armed Force concerned; and
        ``(2) in the case of a Federal employee, out of funds available 
    to the employing agency.
    ``(f) Authority to Deploy the Corps.--(1) The Director of the 
Office of Management and Budget shall have the authority, upon request 
by an executive agency, to determine when members of the Corps shall be 
deployed, with the concurrence of the head of the agency or agencies 
employing the members to be deployed.
    ``(2) Nothing in this section shall preclude the Secretary of 
Defense or the Secretary's designee from deploying members of the Armed 
Forces or civilian personnel of the Department of Defense in support of 
a contingency operation as defined in section 101(a)(13) of title 10, 
United States Code.
    ``(g) Annual Report.--
        ``(1) In general.--The Administrator of General Services shall 
    provide to the Committee on Homeland Security and Governmental 
    Affairs and the Committee on Armed Services of the Senate and the 
    Committee on Oversight and Government Reform and the Committee on 
    Armed Services of the House of Representatives an annual report on 
    the status of the Contingency Contracting Corps as of September 30 
    of each fiscal year.
        ``(2) Content.--At a minimum, each report under paragraph (1) 
    shall include the number of members of the Contingency Contracting 
    Corps, the total cost of operating the program, the number of 
    deployments of members of the program, and the performance of 
    members of the program in deployment.''.
    (b) Clerical Amendment.--The table of contents for that Act 
(contained in section 1(b) of that Act) is amended by adding at the end 
the following new item:

``Sec. 44. Contingency Contracting Corps.''.
    SEC. 871. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE TO CONTRACTOR 
      EMPLOYEES.
    (a) Civilian Agencies.--Section 304C of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 254d) is amended in 
subsection (c)(1) by inserting before the period the following: ``and 
to interview any current employee regarding such transactions''.
    (b) Defense Agencies.--Section 2313 of title 10, United States 
Code, is amended in subsection (c)(1) by inserting before the period 
the following: ``and to interview any current employee regarding such 
transactions''.
    SEC. 872. DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT OFFICERS 
      AND SUSPENSION AND DEBARMENT OFFICIALS.
    (a) In General.--Subject to the authority, direction, and control 
of the Director of the Office of Management and Budget, the 
Administrator of General Services shall establish, not later than one 
year after the date of the enactment of this Act, and maintain a 
database of information regarding the integrity and performance of 
certain persons awarded Federal agency contracts and grants for use by 
Federal agency officials having authority over contracts and grants.
    (b) Persons Covered.--The database shall cover the following:
        (1) Any person awarded a Federal agency contract or grant in 
    excess of $500,000, if any information described in subsection (c) 
    exists with respect to such person.
        (2) Any person awarded such other category or categories of 
    Federal agency contract as the Federal Acquisition Regulation may 
    provide, if such information exists with respect to such person.
    (c) Information Included.--With respect to a covered person the 
database shall include information (in the form of a brief description) 
for the most recent 5-year period regarding the following:
        (1) Each civil or criminal proceeding, or any administrative 
    proceeding, in connection with the award or performance of a 
    contract or grant with the Federal Government with respect to the 
    person during the period to the extent that such proceeding results 
    in the following dispositions:
            (A) In a criminal proceeding, a conviction.
            (B) In a civil proceeding, a finding of fault and liability 
        that results in the payment of a monetary fine, penalty, 
        reimbursement, restitution, or damages of $5,000 or more.
            (C) In an administrative proceeding, a finding of fault and 
        liability that results in--
                (i) the payment of a monetary fine or penalty of $5,000 
            or more; or
                (ii) the payment of a reimbursement, restitution, or 
            damages in excess of $100,000.
            (D) To the maximum extent practicable and consistent with 
        applicable laws and regulations, in a criminal, civil, or 
        administrative proceeding, a disposition of the matter by 
        consent or compromise with an acknowledgment of fault by the 
        person if the proceeding could have led to any of the outcomes 
        specified in subparagraph (A), (B), or (C).
        (2) Each Federal contract and grant awarded to the person that 
    was terminated in such period due to default.
        (3) Each Federal suspension and debarment of the person in that 
    period.
        (4) Each Federal administrative agreement entered into by the 
    person and the Federal Government in that period to resolve a 
    suspension or debarment proceeding.
        (5) Each final finding by a Federal official in that period 
    that the person has been determined not to be a responsible source 
    under subparagraph (C) or (D) of section 4(7) of the Office of 
    Federal Procurement Policy Act (41 U.S.C. 403(7)).
        (6) Such other information as shall be provided for purposes of 
    this section in the Federal Acquisition Regulation.
        (7) To the maximum extent practical, information similar to the 
    information covered by paragraphs (1) through (4) in connection 
    with the award or performance of a contract or grant with a State 
    government.
    (d) Requirements Relating to Information in Database.--
        (1) Direct input and update.--The Administrator shall design 
    and maintain the database in a manner that allows the appropriate 
    Federal agency officials to directly input and update information 
    in the database relating to actions such officials have taken with 
    regard to contractors or grant recipients.
        (2) Timeliness and accuracy.--The Administrator shall develop 
    policies to require--
            (A) the timely and accurate input of information into the 
        database;
            (B) the timely notification of any covered person when 
        information relevant to the person is entered into the 
        database; and
            (C) opportunities for any covered person to submit comments 
        pertaining to information about such person for inclusion in 
        the database.
    (e) Use of Database.--
        (1) Availability to government officials.--The Administrator 
    shall ensure that the information in the database is available to 
    appropriate acquisition officials of Federal agencies, to such 
    other government officials as the Administrator determines 
    appropriate, and, upon request, to the Chairman and Ranking Member 
    of the committees of Congress having jurisdiction.
        (2) Review and assessment of data.--
            (A) In general.--Before awarding a contract or grant in 
        excess of the simplified acquisition threshold under section 
        4(11) of the Office of Federal Procurement Policy Act (41 
        U.S.C. 403(11)), the Federal agency official responsible for 
        awarding the contract or grant shall review the database and 
        shall consider all information in the database with regard to 
        any offer or proposal, and, in the case of a contract, shall 
        consider other past performance information available with 
        respect to the offeror in making any responsibility 
        determination or past performance evaluation for such offeror.
            (B) Documentation in contract file.--The contract file for 
        each contract of a Federal agency in excess of the simplified 
        acquisition threshold shall document the manner in which the 
        material in the database was considered in any responsibility 
        determination or past performance evaluation.
    (f) Disclosure in Applications.--Not later than one year after the 
date of the enactment of this Act, the Federal Acquisition Regulation 
shall be amended to require that persons with Federal agency contracts 
and grants valued in total greater than $10,000,000 shall--
        (1) submit to the Administrator, in a manner determined 
    appropriate by the Administrator, the information subject to 
    inclusion in the database as listed in subsection (c) current as of 
    the date of submittal of such information under this subsection; 
    and
        (2) update such information on a semiannual basis.
    (g) Rulemaking.--The Administrator shall promulgate such 
regulations as may be necessary to carry out this section.
    SEC. 873. ROLE OF INTERAGENCY COMMITTEE ON DEBARMENT AND 
      SUSPENSION.
    (a) Requirement.--The Interagency Committee on Debarment and 
Suspension shall--
        (1) resolve issues regarding which of several Federal agencies 
    is the lead agency having responsibility to initiate suspension or 
    debarment proceedings;
        (2) coordinate actions among interested agencies with respect 
    to such action;
        (3) encourage and assist Federal agencies in entering into 
    cooperative efforts to pool resources and achieve operational 
    efficiencies in the Governmentwide suspension and debarment system;
        (4) recommend to the Office of Management and Budget changes to 
    Government suspension and debarment system and its rules, if such 
    recommendations are approved by a majority of the Interagency 
    Committee;
        (5) authorize the Office of Management and Budget to issue 
    guidelines that implement those recommendations;
        (6) authorize the chair of the Committee to establish 
    subcommittees as appropriate to best enable the Interagency 
    Committee to carry out its functions; and
        (7) submit to Congress an annual report on--
            (A) the progress and efforts to improve the suspension and 
        debarment system;
            (B) member agencies' active participation in the 
        committee's work; and
            (C) a summary of each agency's activities and 
        accomplishments in the Governmentwide debarment system.
    (b) Definition.--The term ``Interagency Committee on Debarment and 
Suspension'' means such committee constituted under sections 4 and 5 
and of Executive Order No. 12549.
    SEC. 874. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA SYSTEM.
    (a) Enhanced Transparency on Interagency Contracting and Other 
Transactions.--Not later than one year after the date of the enactment 
of this Act, the Director of the Office of Management and Budget shall 
direct appropriate revisions to the Federal Procurement Data System or 
any successor system to facilitate the collection of complete, timely, 
and reliable data on interagency contracting actions and on 
transactions other than contracts, grants, and cooperative agreements 
issued pursuant to section 2371 of title 10, United States Code, or 
similar authorities. The Director shall ensure that data, consistent 
with what is collected for contract actions, is obtained on--
        (1) interagency contracting actions, including data at the task 
    or delivery-order level; and
        (2) other transactions, including the initial award and any 
    subsequent modifications awarded or orders issued (other than 
    transactions that are reported through the Federal Assistance 
    Awards Data System).
    (b) Amendment.--Subsection (d) of section 19 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 417(d)) is amended to read as 
follows:
    ``(d) Transmission and Data Entry of Information.--The head of each 
executive agency shall ensure the accuracy of the information included 
in the record established and maintained by such agency under 
subsection (a) and shall transmit in a timely manner such information 
to the General Services Administration for entry into the Federal 
Procurement Data System referred to in section 6(d)(4), or any 
successor system.''.
    (c) Report to Congress.--
        (1) Report required.--Not later than 180 days after the date of 
    the enactment of this Act, the Administrator of General Services 
    shall submit to Congress a report.
        (2) Contents of report.--The report shall contain the 
    following:
            (A) A list of all databases that include information about 
        Federal contracting and Federal grants.
            (B) Recommendations for further legislation or 
        administrative action that the Administrator considers 
        appropriate to create a centralized, comprehensive Federal 
        contracting and Federal grant database.

                       Subtitle H--Other Matters

    SEC. 881. EXPANSION OF AUTHORITY TO RETAIN FEES FROM LICENSING OF 
      INTELLECTUAL PROPERTY.
    Section 2260 of title 10, United States Code, is amended--
        (1) in subsection (a), by inserting ``or the Secretary of 
    Homeland Security'' after ``Secretary of Defense''; and
        (2) in subsection (f)--
            (A) by striking ``(f) Definitions.--In this section, the'' 
        and inserting the following:
    ``(f) Definitions.--In this section:
        ``(1) The''; and
            (B) by adding at the end the following new paragraph:
        ``(2) The term `Secretary concerned' has the meaning provided 
    in section 101(a)(9) of this title and also includes--
            ``(A) the Secretary of Defense, with respect to matters 
        concerning the Defense Agencies and Department of Defense Field 
        Activities; and
            ``(B) the Secretary of Homeland Security, with respect to 
        matters concerning the Coast Guard when it is not operating as 
        a service in the Department of the Navy.''.
    SEC. 882. REPORT ON MARKET RESEARCH.
    Not later than October 1, 2009, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the implementation of section 826 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 10 U.S.C. 2377 note) and the amendments made by that section. 
The report shall address--
        (1) actions taken by the Department of Defense to implement the 
    amendments made by section 826(a) of such Act to section 2377 of 
    title 10, United States Code, with a particular focus on--
            (A) the guidance issued by the Department on the 
        performance of market research;
            (B) the market research being performed pursuant to such 
        guidance; and
            (C) the results of such guidance and market research;
        (2) training tools the Secretary of Defense has developed to 
    assist contracting officials in performing market research in 
    accordance with section 826(b) of such Act;
        (3) actions the Department of Defense intends to take to 
    further implement such section 826 and the amendments made by that 
    section, including dissemination of best practices and corrective 
    actions where necessary; and
        (4) such other matters as the Secretary considers appropriate.
    SEC. 883. REPORT RELATING TO MUNITIONS.
    Not later than March 1, 2009, the Secretary of Defense shall submit 
to the congressional defense committees a report detailing how 60mm and 
81mm munitions used by the Armed Forces are procured, including, where 
relevant, an explanation of the decision to procure such munitions from 
non-domestic sources and the justification for awarding contracts to 
non-domestic sources.
    SEC. 884. MOTOR CARRIER FUEL SURCHARGES.
    (a) Pass Through to Cost Bearer.--The Secretary of Defense shall 
take appropriate actions to ensure that, to the maximum extent 
practicable, in all carriage contracts in which a fuel-related 
adjustment is provided for, any fuel-related adjustment is passed 
through to the person who bears the cost of the fuel that the 
adjustment relates to.
    (b) Use of Contract Clause.--The actions taken by the Secretary 
under subsection (a) shall include the insertion of a contract clause, 
with appropriate flow-down requirements, into all contracts with motor 
carriers, brokers, or freight forwarders providing or arranging truck 
transportation or services in which a fuel-related adjustment is 
provided for.
    (c) Disclosure.--The Secretary shall publicly disclose any decision 
by the Department of Defense to pay fuel-related adjustments under 
contracts (or a category of contracts) covered by this section.
    (d) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary shall submit to the committees on 
Armed Services of the Senate and the House of Representatives a report 
on the actions taken in accordance with the requirements of subsection 
(a).
    SEC. 885. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF EQUIPMENT 
      FOR HOMELAND SECURITY AND EMERGENCY RESPONSE ACTIVITIES THROUGH 
      THE DEPARTMENT OF DEFENSE.
    (a) Expansion of Procurement Authority to Include Equipment for 
Homeland Security and Emergency Response Activities.--
        (1) Procedures.--Subsection (a)(1) of section 381 of title 10, 
    United States Code, is amended--
            (A) in subsection (a)(1)--
                (i) in the matter preceding subparagraph (A)--

                    (I) by striking ``law enforcement''; and
                    (II) by inserting ``, homeland security, and 
                emergency response'' after ``counter-drug'';

                (ii) in subparagraph (A)--

                    (I) in the matter preceding clause (i), by 
                inserting ``, homeland security, or emergency 
                response'' after ``counter-drug''; and
                    (II) in clause (i), by striking ``law 
                enforcement'';

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

``381. Procurement of equipment by State and local governments through 
          the Department of Defense: equipment for counter-drug, 
          homeland security, and emergency response activities.''.
    SEC. 886. REVIEW OF IMPACT OF COVERED SUBSIDIES ON ACQUISITION OF 
      KC-45 AIRCRAFT.
    (a) Review of Covered Subsidies Required.--The Secretary of 
Defense, not later than 10 days after a ruling by the World Trade 
Organization that the United States, the European Union, or any 
political entity within the United States or the European Union, has 
provided a covered subsidy to a manufacturer of large commercial 
aircraft, shall begin a review, as described in subsection (b), of the 
impact of such covered subsidy on the source selection for the KC-45 
Aerial Refueling Aircraft Program.
    (b) Performance of the Review.--In performing the review required 
by subsection (a), the Secretary of Defense shall consult with experts 
within the Department of Defense, the Office of Management and Budget, 
the Office of the United States Trade Representative, and other 
agencies and offices of the Federal Government, and with such other 
experts outside the Government as the Secretary considers appropriate, 
on the potential impact of a covered subsidy on the source selection 
process for the KC-45 Aerial Refueling Aircraft Program.
    (c) Completion of Review.--The Secretary of Defense shall complete 
the review required by subsection (a) not later than 90 days after the 
World Trade Organization has completed ruling on all cases involving 
the allegation of a covered subsidy provided to a manufacturer of large 
commercial aircraft pending at the World Trade Organization as of the 
date of the enactment of this Act.
    (d) Report on Review.--Not later than 30 days after the completion 
of the review required by subsection (a), the Secretary of Defense 
shall provide a report to the congressional defense committees on the 
findings of the review, together with any recommendations the Secretary 
considers appropriate.
    (e) Definitions.--In this section:
        (1) The term ``covered subsidy'' means a subsidy found to 
    constitute a violation of the Agreement on Subsidies and 
    Countervailing Measures.
        (2) The term ``Agreement on Subsidies and Countervailing 
    Measures'' means the agreement described in section 101(d)(12) of 
    the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)).
        (3) The term ``source selection'', with respect to a program of 
    the Department of Defense, means the selection, through the use of 
    competitive procedures or such other procurement procedures as may 
    be applicable, of a contractor to perform a contract to carry out 
    the program.
    SEC. 887. REPORT ON THE IMPLEMENTATION OF EARNED VALUE MANAGEMENT 
      AT THE DEPARTMENT OF DEFENSE.
    (a) In General.--The Secretary of Defense shall prepare a report on 
the implementation by the Department of Defense of earned value 
management. The report shall include, at a minimum, the following:
        (1) A discussion of the regulations and guidance of the 
    Department applicable to the use and implementation of earned value 
    management.
        (2) A discussion of the relative value of earned value 
    management as a tool for program managers and senior Department 
    officials.
        (3) A discussion of specific challenges the Department faces in 
    successfully using earned value management because of the nature of 
    the culture, history, systems, and activities of the Department, 
    particularly with regard to requirements and funding instability.
        (4) A discussion of the methodology of the Department for 
    earned value management implementation, including data quality 
    issues, training, and information technology systems used to 
    integrate and transmit earned value management data.
        (5) An evaluation of the accuracy of the earned value 
    management data provided by vendors to the Federal Government 
    concerning acquisition categories I and II programs, with a 
    discussion of the impact of this data on the ability of the 
    Department to achieve program objectives.
        (6) A description of the criteria used by the Department to 
    evaluate the success of earned value management in delivering 
    program objectives, with illustrative data and examples covering 
    not less than three years.
        (7) Recommendations for improving earned value management and 
    its implementation within the Department, including a discussion of 
    the merits of possible alternatives.
    (b) Submission of Report.--Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit the 
report required by subsection (a) to the Committees on Armed Services 
of the Senate and of the House of Representatives.
    (c) Definition.--In this section, the term ``earned value 
management'' has the meaning given that term in section 300 of part 7 
of Office of Management and Budget Circular A-11 as published in June 
2008.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

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

                      Subtitle B--Space Activities

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

              Subtitle C--Chemical Demilitarization Program

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

                Subtitle D--Intelligence-Related Matters

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

                        Subtitle E--Other Matters

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

              Subtitle A--Department of Defense Management

    SEC. 901. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPECIAL 
      OPERATIONS FORCES.
    (a) Requirement for Plan.--The commander of the special operations 
command, in consultation with the secretaries of the military 
departments, shall prepare and submit to the Secretary of Defense a 
plan relating to personnel management of special operations forces.
    (b) Matters Covered.--The plan under subsection (a) shall address 
the following:
        (1) Coordination among the military departments in order to 
    enhance the manpower management and improve overall readiness of 
    special operations forces.
        (2) Coordination by the commander of the special operations 
    command with the Secretaries of the military departments in order 
    to better execute his responsibility to maintain readiness of 
    special operations forces, including in the areas of accessions, 
    assignments, compensation, promotions, professional development, 
    retention, sustainment, and training.
    (c) Submission of Plan to Congressional Defense Committees.--Not 
later than 90 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit the plan required under subsection 
(a) to the congressional defense committees, together with such 
additional comments as the Secretary and the Chairman of the Joint 
Chiefs of Staff consider appropriate.
    SEC. 902. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS.
    (a) Establishment of Position; Duties.--Chapter 4 of title 10, 
United States Code, is amended by inserting after section 139a the 
following new section:
``Sec. 139b. Director of Operational Energy Plans and Programs
    ``(a) Appointment.--There is a Director of Operational Energy Plans 
and Programs in the Department of Defense (in this section referred to 
as the `Director'), appointed by the President, by and with the advice 
and consent of the Senate. The Director shall be appointed without 
regard to political affiliation and solely on the basis of fitness to 
perform the duties of the office of Director.
    ``(b) Duties.--The Director shall--
        ``(1) provide leadership and facilitate communication 
    regarding, and conduct oversight to manage and be accountable for, 
    operational energy plans and programs within the Department of 
    Defense and the Army, Navy, Air Force, and Marine Corps;
        ``(2) establish the operational energy strategy;
        ``(3) coordinate and oversee planning and program activities of 
    the Department of Defense and the Army, Navy, Air Force, and the 
    Marine Corps related to--
            ``(A) implementation of the operational energy strategy;
            ``(B) the consideration of operational energy demands in 
        defense planning, requirements, and acquisition processes; and
            ``(C) research and development investments related to 
        operational energy demand and supply technologies; and
        ``(4) monitor and review all operational energy initiatives in 
    the Department of Defense.
    ``(c) Principal Advisor for Operational Energy Plans and 
Programs.--(1) The Director is the principal adviser to the Secretary 
of Defense and the Deputy Secretary of Defense regarding operational 
energy plans and programs and the principal policy official within the 
senior management of the Department of Defense regarding operational 
energy plans and programs.
    ``(2) The Director may communicate views on matters related to 
operational energy plans and programs and the operational energy 
strategy required by subsection (d) directly to the Secretary of 
Defense and the Deputy Secretary of Defense without obtaining the 
approval or concurrence of any other official within the Department of 
Defense.
    ``(d) Operational Energy Strategy.--(1) The Director shall be 
responsible for the establishment and maintenance of a department-wide 
transformational strategy for operational energy. The strategy shall 
establish near-term, mid-term, and long-term goals, performance metrics 
to measure progress in meeting the goals, and a plan for implementation 
of the strategy within the military departments, the Office of the 
Secretary of Defense, and Defense Agencies.
    ``(2) Not later than 90 days after the date on which the Director 
is first appointed, the Secretary of each of the military departments 
shall designate a senior official within each armed force under the 
jurisdiction of the Secretary who will be responsible for operational 
energy plans and programs for that armed force. The officials shall be 
responsible for coordinating with the Director and implementing 
initiatives pursuant to the strategy with regard to that official's 
armed force.
    ``(3) By authority of the Secretary of Defense, the Director shall 
prescribe policies and procedures for the implementation of the 
strategy. The Director shall provide guidance to, and consult with, the 
Secretary of Defense, the Deputy Secretary of Defense, the Secretaries 
of the military departments, and the officials designated under 
paragraph (2) with respect to specific operational energy plans and 
programs to be carried out pursuant to the strategy.
    ``(4) The initial strategy shall be submitted to the congressional 
defense committees not later than 180 days after the date on which the 
Director is first appointed. Subsequent updates to the strategy shall 
be submitted to the congressional defense committees as soon as 
practicable after the modifications to the strategy are made.
    ``(e) Budgetary and Financial Matters.--(1) The Director shall 
review and make recommendations to the Secretary of Defense regarding 
all budgetary and financial matters relating to the operational energy 
strategy.
    ``(2) The Secretary of Defense shall require that the Secretary of 
each military department and the head of each Defense Agency with 
responsibility for executing activities associated with the strategy 
transmit their proposed budget for those activities for a fiscal year 
to the Director for review before submission of the proposed budget to 
the Under Secretary of Defense (Comptroller).
    ``(3) The Director shall review a proposed budget transmitted under 
paragraph (2) for a fiscal year and, not later than January 31 of the 
preceding fiscal year, shall submit to the Secretary of Defense a 
report containing the comments of the Director with respect to the 
proposed budget, together with the certification of the Director 
regarding whether the proposed budget is adequate for implementation of 
the strategy.
    ``(4) Not later than 10 days after the date on which the budget for 
a fiscal year is submitted to Congress pursuant to section 1105 of 
title 31, the Secretary of Defense shall submit to Congress a report on 
the proposed budgets for that fiscal year that the Director has not 
certified under paragraph (3). The report shall include the following:
        ``(A) A discussion of the actions that the Secretary proposes 
    to take, together with any recommended legislation that the 
    Secretary considers appropriate, to address the inadequacy of the 
    proposed budgets.
        ``(B) Any additional comments that the Secretary considers 
    appropriate regarding the inadequacy of the proposed budgets.
    ``(5) The report required by paragraph (4) shall also include a 
separate statement of estimated expenditures and requested 
appropriations for that fiscal year for the activities of the Director 
in carrying out the duties of the Director.
    ``(f) Access to Initiative Results and Records.--(1) The Secretary 
of a military department shall submit to the Director the results of 
all studies and initiatives conducted by the military department in 
connection with the operational energy strategy.
    ``(2) The Director shall have access to all records and data in the 
Department of Defense (including the records and data of each military 
department) necessary in order to permit the Director to carry out the 
duties of the Director.
    ``(g) Staff.--The Director shall have a dedicated professional 
staff of military and civilian personnel in a number sufficient to 
enable the Director to carry out the duties and responsibilities of the 
Director.
    ``(h) Definitions.--In this section:
        ``(1) Operational energy.--The term `operational energy' means 
    the energy required for training, moving, and sustaining military 
    forces and weapons platforms for military operations. The term 
    includes energy used by tactical power systems and generators and 
    weapons platforms.
        ``(2) Operational energy strategy.--The terms `operational 
    energy strategy' and `strategy' mean the operational energy 
    strategy developed under subsection (d).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
139a the following new item:

``139b. Director of Operational Energy Plans and Programs.''.
    SEC. 903. CORROSION CONTROL AND PREVENTION EXECUTIVES FOR THE 
      MILITARY DEPARTMENTS.
    (a) Requirement to Designate Corrosion Control and Prevention 
Executive.--Not later than 90 days after the date of the enactment of 
this Act, the Assistant Secretary of each military department with 
responsibility for acquisition, technology, and logistics shall 
designate an employee of the military department as the corrosion 
control and prevention executive. Such executive shall be the senior 
official in the department with responsibility for coordinating 
department-level corrosion control and prevention program activities 
(including budget programming) with the military department and the 
Office of the Secretary of Defense, the program executive officers of 
the military departments, and relevant major subordinate commands of 
the military departments.
    (b) Duties.--(1) The corrosion control and prevention executive of 
a military department shall ensure that corrosion control and 
prevention is maintained in the department's policy and guidance for 
management of each of the following:
        (A) System acquisition and production, including design and 
    maintenance.
        (B) Research, development, test, and evaluation programs and 
    activities.
        (C) Equipment standardization programs, including international 
    standardization agreements.
        (D) Logistics research and development initiatives.
        (E) Logistics support analysis as it relates to integrated 
    logistic support in the materiel acquisition process.
        (F) Military infrastructure design, construction, and 
    maintenance.
    (2) The corrosion control and prevention executive of a military 
department shall be responsible for identifying the funding levels 
necessary to accomplish the items listed in subparagraphs (A) through 
(F) of paragraph (1).
    (3) The corrosion control and prevention executive of a military 
department shall, in cooperation with the appropriate staff of the 
department, develop, support, and provide the rationale for resources--
        (A) to initiate and sustain an effective corrosion control and 
    prevention program in the department;
        (B) to evaluate the program's effectiveness; and
        (C) to ensure that corrosion control and prevention 
    requirements for materiel are reflected in budgeting and policies 
    of the department for the formulation, management, and evaluation 
    of personnel and programs for the entire department, including its 
    reserve components.
    (4) The corrosion control and prevention executive of a military 
department shall be the principal point of contact of the department to 
the Director of Corrosion Policy and Oversight (as assigned under 
section 2228 of title 10, United States Code).
    (5) The corrosion control and prevention executive of a military 
department shall submit an annual report, not later than December 31 of 
each year, to the Secretary of Defense containing recommendations 
pertaining to the corrosion control and prevention program of the 
military department, including corrosion-related funding levels to 
carry out all of the duties of the executive under this section.
    SEC. 904. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER OF THE 
      DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS SYSTEM MANAGEMENT 
      COMMITTEE.
    (a) Participation.--Subsection (a) of section 186 of title 10, 
United States Code, is amended--
        (1) by redesignating paragraphs (2) through (7) as paragraphs 
    (3) through (8), respectively;
        (2) by inserting after paragraph (1) the following new 
    paragraph (2):
        ``(2) The Deputy Chief Management Officer of the Department of 
    Defense.''; and
        (3) by striking paragraph (7), as redesignated by paragraph 
    (1), and inserting the following new paragraph:
        ``(7) The Chief Management Officers of the military departments 
    and the heads of such Defense Agencies as may be designated by the 
    Secretary of Defense.''.
    (b) Service as Vice Chairman.--The second sentence of subsection 
(b) of such section is amended to read as follows: ``The Deputy Chief 
Management Officer of the Department of Defense shall serve as the vice 
chairman of the Committee, and shall act as chairman in the absence of 
the Deputy Secretary of Defense.''.
    SEC. 905. MODIFICATION OF STATUS OF ASSISTANT TO THE SECRETARY OF 
      DEFENSE FOR NUCLEAR AND CHEMICAL AND BIOLOGICAL DEFENSE PROGRAMS.
    Section 142 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) The Assistant to the Secretary shall be considered an 
Assistant Secretary of Defense for purposes of section 138(d) of this 
title.''.
    SEC. 906. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE A 
      STRATEGIC PLAN TO ENHANCE THE ROLE OF THE NATIONAL GUARD AND 
      RESERVES.
    (a) Plan.--Not later than April 1, 2009, the Secretary of Defense 
shall prepare a plan for enhancing the roles of the National Guard and 
Reserve--
        (1) when federalized in the case of the National Guard, or 
    activated in the case of the Reserves, in support of operations 
    conducted under title 10, United States Code, including the 
    transition of the reserve component of the Armed Forces from a 
    strategic force to an operational reserve;
        (2) in support of operations conducted under title 32, United 
    States Code, or in support to civil authorities; and
        (3) with respect to the achievement of a fully-integrated total 
    force (including further development of a continuum of service).
    (b) Consultation.--In preparing the plan under subsection (a), the 
Secretary of Defense shall take into consideration the advice of the 
Chairman of the Joint Chiefs of Staff, the Secretary and Chief of Staff 
of the Army, the Secretary and Chief of Staff of the Air Force, the 
commander of the United States Northern Command, the Chief of the 
National Guard Bureau, and other appropriate officials, as determined 
by the Secretary of Defense.
    (c) Matters to Be Assessed.--In preparing the plan, the Secretary 
shall assess--
        (1) the findings, conclusions, and recommendations of the Final 
    Report to Congress and the Secretary of Defense of the Commission 
    on the National Guard and Reserves, dated January 31, 2008, and 
    titled ``Transforming the National Guard and Reserves into a 21st-
    Century Operational Force''; and
        (2) the provisions of H.R. 5603 and S. 2706 of the 110th 
    Congress, as introduced on March 13, 2008 (the National Guard 
    Empowerment and State-National Defense Integration Act of 2008).
    (d) Report.--Not later than April 1, 2009, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the plan required under this 
section. The report shall include recommendations on--
        (1) any changes to the current Department of Defense 
    organization, structure, command relationships, budget authority, 
    procurement authority, and compensation and benefits;
        (2) any legislation that the Secretary considers necessary; and
        (3) any other matter the Secretary considers appropriate.
    SEC. 907. GENERAL COUNSEL TO THE INSPECTOR GENERAL OF THE 
      DEPARTMENT OF DEFENSE.
    Section 8 of the Inspector General Act of 1978 (50 U.S.C. App. 8) 
is amended by adding at the end the following new subsection:
    ``(h)(1) There is a General Counsel to the Inspector General of the 
Department of Defense, who shall be appointed by the Inspector General 
of the Department of Defense.
    ``(2)(A) Notwithstanding section 140(b) of title 10, United States 
Code, the General Counsel is the chief legal officer of the Office of 
the Inspector General.
    ``(B) The Inspector General is the exclusive legal client of the 
General Counsel.
    ``(C) The General Counsel shall perform such functions as the 
Inspector General may prescribe.
    ``(D) The General Counsel shall serve at the discretion of the 
Inspector General.
    ``(3) There is an Office of the General Counsel to the Inspector 
General of the Department of Defense. The Inspector General may appoint 
to the Office to serve as staff of the General Counsel such legal 
counsel as the Inspector General considers appropriate.''.
    SEC. 908. BUSINESS TRANSFORMATION INITIATIVES FOR THE MILITARY 
      DEPARTMENTS.
    (a) In General.--The Secretary of each military department shall, 
acting through the Chief Management Officer of such military 
department, carry out an initiative for the business transformation of 
such military department.
    (b) Objectives.--The objectives of the business transformation 
initiative of a military department under this section shall include, 
at a minimum, the following:
        (1) The development of a comprehensive business transformation 
    plan, with measurable performance goals and objectives, to achieve 
    an integrated management system for the business operations of the 
    military department.
        (2) The development of a well-defined enterprise-wide business 
    systems architecture and transition plan encompassing end-to-end 
    business processes and capable of providing accurately and timely 
    information in support of business decisions of the military 
    department.
        (3) The implementation of the business transformation plan 
    developed pursuant to paragraph (1) and the business systems 
    architecture and transition plan developed pursuant to paragraph 
    (2).
    (c) Business Transformation Offices.--
        (1) Establishment.--Not later than 180 days after the date of 
    the enactment of this Act, the Secretary of each military 
    department shall establish within such military department an 
    office (to be known as the ``Office of Business Transformation'' of 
    such military department) to assist the Chief Management Officer of 
    such military department in carrying out the initiative required by 
    this section for such military department.
        (2) Head.--The Office of Business Transformation of a military 
    department under this subsection shall be headed by a Director of 
    Business Transformation, who shall be appointed by the Chief 
    Management Officer of the military department, in consultation with 
    the Director of the Business Transformation Agency of the 
    Department of Defense, from among individuals with significant 
    experience managing large-scale organizations or business 
    transformation efforts.
        (3) Supervision.--The Director of Business Transformation of a 
    military department under paragraph (2) shall report directly to 
    the Chief Management Officer of the military department, subject to 
    policy guidance from the Director of the Business Transformation 
    Agency of the Department of Defense.
        (4) Authority.--In carrying out the initiative required by this 
    section for a military department, the Director of Business 
    Transformation of the military department under paragraph (2) shall 
    have the authority to require elements of the military department 
    to carry out actions that are within the purpose and scope of the 
    initiative.
    (d) Responsibilities of Business Transformation Offices.--The 
Office of Business Transformation of a military department established 
pursuant to subsection (b) may be responsible for the following:
        (1) Transforming the budget, finance, accounting, and human 
    resource operations of the military department in a manner that is 
    consistent with the business transformation plan developed pursuant 
    to subsection (b)(1).
        (2) Eliminating or replacing financial management systems of 
    the military department that are inconsistent with the business 
    systems architecture and transition plan developed pursuant to 
    subsection (b)(2).
        (3) Ensuring that the business transformation plan and the 
    business systems architecture and transition plan are implemented 
    in a manner that is aggressive, realistic, and accurately measured.
        (4) Such other responsibilities as the Secretary of that 
    military department determines are appropriate.
    (e) Required Elements.--In carrying out the initiative required by 
this section for a military department, the Chief Management Officer 
and the Director of Business Transformation of the military department 
shall ensure that each element of the initiative is consistent with--
        (1) the requirements of the Business Enterprise Architecture 
    and Transition Plan developed by the Secretary of Defense pursuant 
    to section 2222 of title 10, United States Code;
        (2) the Standard Financial Information Structure of the 
    Department of Defense;
        (3) the Federal Financial Management Improvement Act of 1996 
    (and the amendments made by that Act); and
        (4) other applicable requirements of law and regulation.
    (f) Reports on Implementation.--
        (1) Initial reports.--Not later than nine months after the date 
    of the enactment of this Act, the Chief Management Officer of each 
    military department shall submit to the congressional defense 
    committees a report on the actions taken, and on the actions 
    planned to be taken, by such military department to implement the 
    requirements of this section.
        (2) Updates.--Not later than March 1 of each of 2010, 2011, and 
    2012, the Chief Management Officer of each military department 
    shall submit to the congressional defense committees a current 
    update of the report submitted by such Chief Management Officer 
    under paragraph (1).

                      Subtitle B--Space Activities

    SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR PROVISION OF 
      SPACE SURVEILLANCE NETWORK SERVICES TO ENTITIES OUTSIDE UNITED 
      STATES GOVERNMENT.
    Section 2274(i) of title 10, United States Code, is amended by 
striking ``September 30, 2009'' and inserting ``September 30, 2010''.
    SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR COMMERCIAL 
      SATELLITE CAPABILITIES.
    (a) Requirement.--The Secretary of Defense shall conduct an 
assessment to determine a recommended investment and acquisition 
strategy for commercial satellite capabilities.
    (b) Elements.--The assessment required under subsection (a) shall 
include the following:
        (1) Review of national and defense policy relevant to the 
    requirements for, acquisition of, and use of commercial satellite 
    capabilities, and the relationship with commercial satellite 
    providers.
        (2) Assessment of the manner in which commercial satellite 
    capabilities are used by the Department of Defense and options for 
    expanding such use or identifying new means to leverage commercial 
    satellite capabilities, such as hosting payloads.
        (3) Review of military requirements for satellite 
    communications and remote sensing by quantity, quality, timeline, 
    and any other metric considered appropriate.
        (4) Description of current and planned commercial satellite 
    capabilities and an assessment of their ability to meet the 
    requirements identified in paragraph (3).
        (5) Assessment of the ability of commercial satellite 
    capabilities to meet other military requirements not identified in 
    paragraph (3).
        (6) Description of the use of and resources allocated to 
    commercial satellite communications and remote sensing needed to 
    meet the requirements identified in paragraph (3) during--
            (A) the five-year period preceding the date of the 
        assessment;
            (B) the period from the date of the assessment through the 
        fiscal years covered under the future-years defense program 
        under section 221 of title 10, United States Code; and
            (C) the period beyond the fiscal years covered under the 
        future-years defense program under such section 221.
        (7) Assessment of purchasing patterns that may lead to 
    recommendations in which the Department may consolidate 
    requirements, centralize operations, aggregate purchases, or 
    leverage purchasing power (including the use of multiyear 
    contracting).
        (8) Assessment of various models for acquiring commercial 
    satellite capabilities, including funding, management, and 
    operations models.
    (c) Report.--
        (1) In general.--Not later than February 1, 2010, the Secretary 
    of Defense shall submit to the congressional defense committees a 
    report setting forth the results of the assessment required under 
    subsection (a) and provide recommendations, including--
            (A) the recommended investment and acquisition strategy of 
        the Department for commercial satellite capabilities;
            (B) how the investment and acquisition strategy should be 
        addressed in fiscal years after fiscal year 2010; and
            (C) a proposal for such legislative action as the Secretary 
        considers necessary to acquire appropriate types and amounts of 
        commercial satellite capabilities.
        (2) Form.--The report shall be in unclassified form, but may 
    include a classified annex.
    (d) Definitions.--In this section:
        (1) The term ``commercial satellite capabilities'' means the 
    system, capability, or service provided by a commercial satellite 
    provider.
        (2) The term ``commercial satellite provider'' refers to 
    privately owned and operated space systems, their technology, 
    components, products, data, services, and related information, as 
    well as foreign systems whose products and services are sold 
    commercially.
    SEC. 913. SPACE POSTURE REVIEW.
    (a) Requirement for Comprehensive Review.--In order to clarify the 
national security space policy and strategy of the United States for 
the near term, the Secretary of Defense and the Director of National 
Intelligence shall jointly conduct a comprehensive review of the space 
posture of the United States over the posture review period.
    (b) Elements of Review.--The review conducted under subsection (a) 
shall include, for the posture review period, the following:
        (1) The definition, policy, requirements, and objectives for 
    each of the following:
            (A) Space situational awareness.
            (B) Space control.
            (C) Space superiority, including defensive and offensive 
        counterspace and protection.
            (D) Force enhancement and force application.
            (E) Space-based intelligence and surveillance and 
        reconnaissance from space.
            (F) Integration of space and ground control and user 
        equipment.
            (G) Any other matter the Secretary considers relevant to 
        understanding the space posture of the United States.
        (2) A description of current and planned space acquisition 
    programs that are in acquisition categories 1 and 2, including how 
    each program will address the policy, requirements, and objectives 
    described under each of subparagraphs (A) through (G) of paragraph 
    (1).
        (3) A description of future space systems and technology 
    development (other than such systems and technology in development 
    as of the date of the enactment of this Act) necessary to address 
    the policy, requirements, and objectives described under each of 
    subparagraphs (A) through (G) of paragraph (1).
        (4) An assessment of the relationship among the following:
            (A) Military space policy.
            (B) National security space policy.
            (C) National security space objectives.
            (D) Arms control policy.
            (E) Export control policy.
            (F) Industrial base policy.
        (5) An assessment of the effect of the military and national 
    security space policy of the United States on the proliferation of 
    weapons capable of targeting objects in space or objects on Earth 
    from space.
    (c) Report.--
        (1) In general.--Not later than December 1, 2009, the Secretary 
    of Defense and the Director of National Intelligence shall jointly 
    submit to the congressional committees specified in paragraph (3) a 
    report on the review conducted under subsection (a).
        (2) Form of report.--The report under this subsection shall be 
    submitted in unclassified form, but may include a classified annex.
        (3) Committees.--The congressional committees specified in this 
    paragraph are--
            (A) the Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate; and
            (B) the Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
    (d) Posture Review Period Defined.--In this section, the term 
``posture review period'' means the 10-year period beginning on 
February 1, 2009.

             Subtitle C--Chemical Demilitarization Program

    SEC. 921. RESPONSIBILITIES FOR CHEMICAL DEMILITARIZATION CITIZENS' 
      ADVISORY COMMISSIONS IN COLORADO AND KENTUCKY.
    Section 172 of the National Defense Authorization Act for Fiscal 
Year 1993 (50 U.S.C. 1521 note) is amended--
        (1) by redesignating subsections (f) and (g) as subsections (g) 
    and (h), respectively; and
        (2) by inserting after subsection (e) the following new 
    subsection (f):
    ``(f) Colorado and Kentucky Chemical Demilitarization Citizens' 
Advisory Commissions.--(1) Notwithstanding subsections (b), (g), and 
(h), and consistent with section 142 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note) 
and section 8122 of the Department of Defense Appropriations Act, 2003 
(Public Law 107-248; 116 Stat. 1566; 50 U.S.C. 1521 note), the 
Secretary of the Army shall transfer responsibilities for the Chemical 
Demilitarization Citizens' Advisory Commissions in Colorado and 
Kentucky to the Program Manager for Assembled Chemical Weapons 
Alternatives.
    ``(2) In carrying out the responsibilities transferred under 
paragraph (1), the Program Manager for Assembled Chemical Weapons 
Alternatives shall take appropriate actions to ensure that each 
Commission referred to in paragraph (1) retains the capacity to receive 
citizen and State concerns regarding the ongoing chemical 
demilitarization program in the State concerned.
    ``(3) A representative of the Office of the Assistant to the 
Secretary of Defense for Nuclear, Chemical, and Biological Defense 
Programs shall meet with each Commission referred to in paragraph (1) 
not less often than twice a year.
    ``(4) Funds appropriated for the Assembled Chemical Weapons 
Alternatives Program shall be available for travel and associated 
travel costs for Commissioners on the Commissions referred to in 
paragraph (1) when such travel is conducted at the invitation of the 
Special Assistant for Chemical and Biological Defense and Chemical 
Demilitarization Programs of the Department of Defense.''.
    SEC. 922. COST-BENEFIT ANALYSIS OF FUTURE TREATMENT OF HYDROLYSATE 
      AT PUEBLO CHEMICAL DEPOT, COLORADO.
    (a) Findings.--Congress makes the following findings:
        (1) The Pueblo Chemical Agent Destruction Pilot Plant, 
    Colorado, is not planned to begin chemical agent destruction 
    operations until 2015.
        (2) There will be no hydrolysate byproduct of chemical agent 
    neutralization at the Pueblo Chemical Depot, Colorado, until after 
    chemical agent destruction operations begin.
        (3) The Department of Defense has no plans to produce, treat, 
    store, or transport hydrolysate at the Pueblo Chemical Depot, 
    Colorado, during fiscal year 2009.
        (4) A January 10, 2007, Department of Defense Acquisition 
    Decision Memorandum requires the Program Manager for the Assembled 
    Chemical Weapons Alternatives to continue to pursue off-site 
    treatment and disposal of hydrolysate as long as doing so would be 
    safe, efficient, and economically beneficial.
    (b) Cost-Benefit Analysis.--The Secretary of Defense shall perform 
a cost-benefit analysis of future on-site and off-site options for 
treatment and disposal of hydrolysate expected to be produced at the 
Pueblo Chemical Depot, Colorado.
    (c) Report.--Together with the budget justification materials 
submitted to Congress in support of the Department of Defense budget 
for fiscal year 2010 (as submitted with the budget of the President 
under section 1105(a) of title 31, United States Code), the Secretary 
of Defense shall submit to the congressional defense committees a 
report containing the results of the cost-benefit analysis required by 
subsection (b).
    (d) Notice and Wait.--After the submission of the report required 
by subsection (c), if the Secretary of Defense decides to transport 
hydrolysate from Pueblo Chemical Depot, Colorado, to an off-site 
location during fiscal year 2009, the Department shall not commence 
such transport until 60 days after the Secretary provides written 
notice to the congressional defense committees of the Department's 
intent to conduct such transport.

                Subtitle D--Intelligence-Related Matters

    SEC. 931. TECHNICAL CHANGES FOLLOWING THE REDESIGNATION OF NATIONAL 
      IMAGERY AND MAPPING AGENCY AS NATIONAL GEOSPATIAL-INTELLIGENCE 
      AGENCY.
    (a) Technical Changes to United States Code.--
        (1) Title 5.--Title 5, United States Code, is amended by 
    striking ``National Imagery and Mapping Agency'' each place it 
    appears and inserting ``National Geospatial-Intelligence Agency''.
        (2) Title 44.--Title 44, United States Code, is amended by 
    striking ``National Imagery and Mapping Agency'' each place it 
    appears and inserting ``National Geospatial-Intelligence Agency''.
    (b) Technical Changes to Other Acts.--
        (1) Ethics in government act of 1978.--Section 105(a)(1) of the 
    Ethics in Government Act of 1978 (Public Law 95-521; 5 U.S.C. App. 
    4) is amended by striking ``National Imagery and Mapping Agency'' 
    and inserting ``National Geospatial-Intelligence Agency''.
        (2) Inspector general act of 1978.--Section 8H of the Inspector 
    General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) is amended--
            (A) in subsection (a)(1)(A), by striking ``National Imagery 
        and Mapping Agency'' and inserting ``National Geospatial-
        Intelligence Agency''; and
            (B) in subsection (g)(1), by striking ``National Imagery 
        and Mapping Agency'' and inserting ``National Geospatial-
        Intelligence Agency''.
        (3) Employee polygraph protection act of 1988.--Section 
    7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988 (29 
    U.S.C. 2006(b)(2)(A)(i)) is amended by striking ``National Imagery 
    and Mapping Agency'' and inserting ``National Geospatial-
    Intelligence Agency''.
        (4) Legislative branch appropriations act, 1993.--Section 
    207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 
    (Public Law 102-392; 44 U.S.C. 501 note), is amended by striking 
    ``National Imagery and Mapping Agency'' and inserting ``National 
    Geospatial-Intelligence Agency''.
        (5) Homeland security act of 2002.--Section 201(e)(2) of the 
    Homeland Security Act of 2002 (6 U.S.C. 121(e)(2)) is amended by 
    striking ``National Imagery and Mapping Agency'' and inserting 
    ``National Geospatial-Intelligence Agency''.
    SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, 
      ARISING FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM 
      PREVENTION ACT OF 2004.
    (a) References to Head of Intelligence Community.--Title 10, United 
States Code, is amended by striking ``Director of Central 
Intelligence'' each place it appears and inserting ``Director of 
National Intelligence'' in the following:
        (1) Section 193(d)(2).
        (2) Section 193(e).
        (3) Section 201(a).
        (4) Section 201(b)(1).
        (5) Section 201(c)(1).
        (6) Section 425(a).
        (7) Section 431(b)(1).
        (8) Section 441(c).
        (9) Section 441(d).
        (10) Section 443(d).
        (11) Section 2273(b)(1).
        (12) Section 2723(a).
    (b) Clerical Amendments.--Such title is further amended by striking 
``Director of Central Intelligence'' each place it appears and 
inserting ``Director of National Intelligence'' in the following:
        (1) Section 441(c).
        (2) Section 443(d).
    (c) Reference to Head of Central Intelligence Agency.--Section 444 
of such title is amended by striking ``Director of Central 
Intelligence'' each place it appears and inserting ``Director of the 
Central Intelligence Agency''.
    SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE ASSOCIATE DIRECTOR 
      OF THE CIA FOR MILITARY AFFAIRS.
    Section 528(c) of title 10, United States Code, is amended--
        (1) in the heading, by striking ``Military Support'' and 
    inserting ``Military Affairs''; and
        (2) by striking ``Military Support'' and inserting ``Military 
    Affairs''.

                       Subtitle E--Other Matters

    SEC. 941. ENHANCEMENT OF AUTHORITIES RELATING TO DEPARTMENT OF 
      DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES.
    (a) Availability of Funds for Activities Across Fiscal Years.--
        (1) In general.--Section 184(f) of title 10, United States 
    Code, is amended by adding at the end the following new paragraph:
    ``(6) Funds available to carry out this section, including funds 
accepted under paragraph (4) and funds available under paragraph (5), 
shall be available, to the extent provided in appropriations Acts, for 
programs and activities under this section that begin in a fiscal year 
and end in the following fiscal year.''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    take effect on October 1, 2008, and shall apply with respect to 
    programs and activities under section 184 of title 10, United 
    States Code (as so amended), that begin on or after that date.
    (b) Temporary Waiver of Reimbursement of Costs of Activities for 
Nongovernmental Personnel.--
        (1) Authority for temporary waiver.--In fiscal years 2009 and 
    2010, the Secretary of Defense may, with the concurrence of the 
    Secretary of State, waive reimbursement otherwise required under 
    subsection (f) of section 184 of title 10, United States Code, of 
    the costs of activities of Regional Centers under such section for 
    personnel of nongovernmental and international organizations who 
    participate in activities of the Regional Centers that enhance 
    cooperation of nongovernmental organizations and international 
    organizations with United States forces if the Secretary of Defense 
    determines that attendance of such personnel without reimbursement 
    is in the national security interests of the United States.
        (2) Limitation.--The amount of reimbursement that may be waived 
    under paragraph (1) in any fiscal year may not exceed $1,000,000.
        (3) Annual report.--The Secretary of Defense shall include in 
    the annual report under section 184(h) of title 10, United States 
    Code, in 2010 and 2011 information on the attendance of personnel 
    of nongovernmental and international organizations in activities of 
    the Regional Centers during the preceding fiscal year for which a 
    waiver of reimbursement was made under paragraph (1), including 
    information on the costs incurred by the United States for the 
    participation of personnel of each nongovernmental or international 
    organization that so attended.
    SEC. 942. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED STATES 
      SOUTHERN COMMAND DEVELOPMENT ASSISTANCE ACTIVITIES.
    (a) Report and Certification Required.--Not later than 120 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
describing the development assistance activities carried out by the 
United States Southern Command during fiscal year 2008 and planned for 
fiscal year 2009 and containing a certification by the Secretary that 
such development assistance activities--
        (1) will not adversely diminish the ability of the United 
    States Southern Command or its components to carry out its combat 
    or military missions;
        (2) do not divert resources from funded or unfunded 
    requirements of the United States Southern Command in connection 
    with the role of the Department of Defense under section 124 of 
    title 10, United States Code, as the single lead agency of the 
    Federal Government for the detection and monitoring of aerial and 
    maritime transit of illegal drugs into the United States;
        (3) are not unnecessarily duplicative of activities already 
    conducted or planned to be conducted by any other Federal 
    department or agency during fiscal year 2009; and
        (4) are designed, planned, and conducted to complement joint 
    training and exercises, host-country capacity building, or similar 
    activities directly connected to the responsibilities of the United 
    States Southern Command.
    (b) Restriction on Obligation of Funds Pending Certification.--Of 
the amounts appropriated pursuant to an authorization of appropriations 
in this Act or otherwise made available for fiscal year 2009 for 
operation and maintenance for the United States Southern Command, not 
more than 90 percent may be obligated or expended until 30 days after 
the certification required by subsection (a) is received by the 
congressional defense committees.
    (c) Development Assistance Activities Defined.--In this section, 
the term ``development assistance activities'' means assistance 
activities carried out by the United States Southern Command that are 
comparable to the assistance activities carried out by the United 
States under--
        (1) chapters 1, 10, 11, and 12 of part I of the Foreign 
    Assistance Act of 1961 (22 U.S.C. 2151, 2293, 2295, and 2296 et 
    seq.); and
        (2) any other provision of law for purposes comparable to the 
    purposes for which assistance activities are carried out under the 
    provisions of law referred to in paragraph (1).
    SEC. 943. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY 
      CAPABILITIES.
    (a) Non-Conventional Assisted Recovery Capabilities.--Upon a 
determination by a commander of a combatant command that an action is 
necessary in connection with a non-conventional assisted recovery 
effort, and with the concurrence of the relevant Chief of Mission or 
Chiefs of Mission, an amount not to exceed $20,000,000 of the funds 
appropriated pursuant to an authorization of appropriations or 
otherwise made available for ``Operation and Maintenance, Navy'' may be 
used to establish, develop, and maintain non-conventional assisted 
recovery capabilities.
    (b) Procedures.--The Secretary of Defense shall establish 
procedures for the exercise of the authority under subsection (a). The 
Secretary shall notify the congressional defense committees of those 
procedures before any exercise of that authority.
    (c) Authorized Activities.--Non-conventional assisted recovery 
capabilities authorized under subsection (a) may, in limited and 
special circumstances, include the provision of support to foreign 
forces, irregular forces, groups, or individuals in order to facilitate 
the recovery of Department of Defense or Coast Guard military or 
civilian personnel, or other individuals who, while conducting 
activities in support of United States military operations, become 
separated or isolated and cannot rejoin their units without the 
assistance authorized in subsection (a). Such support may include the 
provision of limited amounts of equipment, supplies, training, 
transportation, or other logistical support or funding.
    (d) Notice to Congress on Use of Authority.--Upon using the 
authority in subsection (a) to make funds available for support of non-
conventional assisted recovery activities, the Secretary of Defense 
shall notify the congressional defense committees within 72 hours of 
the use of such authority with respect to support of such activities. 
Any such notice shall be in writing.
    (e) Annual Report.--Not later than 30 days after the close of each 
fiscal year during which subsection (a) is in effect, the Secretary of 
Defense shall submit to the congressional defense committees a report 
on support provided under that subsection during that fiscal year. Each 
such report shall describe the support provided, including a statement 
of the recipient of support and the amount obligated to provide the 
support.
    (f) Limitation on Intelligence Activities.--This section does not 
constitute authority to conduct a covert action, as such term is 
defined in section 503(e) of the National Security Act of 1947 (50 
U.S.C. 413b(e)).
    (g) Limitation on Foreign Assistance Activities.--This section does 
not constitute authority--
        (1) to build the capacity of foreign military forces or provide 
    security and stabilization assistance, as described in sections 
    1206 and 1207 of the National Defense Authorization Act for Fiscal 
    Year 2006 (Public Law 109-163; 119 Stat. 3456 and 3458), 
    respectively; and
        (2) to provide assistance that is otherwise prohibited by any 
    other provision in law, including any provision of law relating to 
    the control of exports of defense articles or defense services.
    (h) Period of Authority.--The authority under this section is in 
effect during each of the fiscal years 2009 through 2011.
    SEC. 944. REPORT ON HOMELAND DEFENSE AND CIVIL SUPPORT ISSUES.
    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on certain homeland defense 
and civil support issues.
    (b) Elements.--The report required under subsection (a) shall 
include the following:
        (1) A description of the progress made by the Department of 
    Defense to address the concerns related to the United States 
    Northern Command identified in the Comptroller General reports GAO-
    08-251 and GAO-08-252, including improved coordination with other 
    agencies.
        (2) A detailed description of the plans and progress made by 
    the Department of Defense to establish forces assigned the mission 
    of managing the consequences of an incident in the United States 
    homeland involving a chemical, biological, radiological, or nuclear 
    device, or high-yield explosives.
    SEC. 945. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.
    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Chief of the National Guard Bureau shall 
submit to the Secretary of Defense a report--
        (1) detailing the extent to which the various provisions in 
    title XVIII of the National Defense Authorization Act for Fiscal 
    Year 2008 (Public Law 110-181) have been effective in giving the 
    Chief of the National Guard Bureau the authorities and resources 
    needed to perform the responsibilities and duties of the Chief; and
        (2) assessing the adequacy of Department of Defense funding for 
    the resource requirements of the National Guard.
    (b) Report to Congress.--Not later than 30 days after the Secretary 
of Defense receives the report under subsection (a), the Secretary 
shall submit to Congress such report, along with any explanatory 
comments the Secretary considers necessary.

                      TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

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

          Subtitle B--Policy Relating to Vessels and Shipyards

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

                   Subtitle C--Counter-Drug Activities

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

          Subtitle D--Miscellaneous Authorities and Limitations

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

                     Subtitle E--Studies and Reports

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

                        Subtitle F--Other Matters

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

                     Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.
    (a) Authority To Transfer Authorizations.--
        (1) Authority.--Upon determination by the Secretary of Defense 
    that such action is necessary in the national interest, the 
    Secretary may transfer amounts of authorizations made available to 
    the Department of Defense in this division for fiscal year 2009 
    between any such authorizations for that fiscal year (or any 
    subdivisions thereof). Amounts of authorizations so transferred 
    shall be merged with and be available for the same purposes as the 
    authorization to which transferred.
        (2) Limitation.--Except as provided in paragraph (3), the total 
    amount of authorizations that the Secretary may transfer under the 
    authority of this section may not exceed $4,200,000,000.
        (3) Exception for transfers between military personnel 
    authorizations.--A transfer of funds between military personnel 
    authorizations under title IV shall not be counted toward the 
    dollar limitation in paragraph (2).
    (b) Limitations.--The authority provided by this section to 
transfer authorizations--
        (1) may only be used to provide authority for items that have a 
    higher priority than the items from which authority is transferred; 
    and
        (2) may not be used to provide authority for an item that has 
    been denied authorization by Congress.
    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount 
is transferred by an amount equal to the amount transferred.
    (d) Notice to Congress.--The Secretary shall promptly notify 
Congress of each transfer made under subsection (a).
SEC. 1002. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS.
    (a) Reduction of Payments.--Notwithstanding any other provision of 
law, any amounts that would otherwise be payable from the fund to 
individuals for the month of August 2013 (with disbursements scheduled 
for September 2013) shall be reduced by 1 percent.
    (b) Reversion.--Beginning on September 1, 2013 (with disbursements 
beginning in October 2013), amounts payable to individuals from the 
fund shall revert back to amounts as specified in law as if the 
reduction in subsection (a) did not take place.
    (c) Refund.--Any individual who has a payment reduced under 
subsection (a) shall receive a one-time payment, from the fund, in an 
amount equal to the amount of such reduction. This one-time payment 
shall be included with disbursements from the fund scheduled for 
October 2013.
    (d) Fund.--In this section, the term ``fund'' refers to the 
Department of Defense Military Retirement Fund established by section 
1461 of title 10, United States Code.
    (e) Transfer.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall transfer 
$40,000,000 from the unobligated balances of the National Defense 
Stockpile Transaction Fund to the Miscellaneous Receipts Fund of the 
United States Treasury to offset estimated costs arising from section 
702 and the amendments made by such section.
SEC. 1003. MANAGEMENT OF PURCHASE CARDS.
    (a) Penalties for Violations.--Section 2784(c)(1) of title 10, 
United States Code, is amended by striking ``(1) provide for'' and 
inserting the following:
        ``(1) provide--
            ``(A) for the reimbursement of charges for unauthorized or 
        erroneous purchases, in appropriate cases; and
            ``(B) for''.
    (b) Required Report.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report detailing actions to be taken by the 
Department of Defense to implement the recommendations of the 
Government Accountability Office in its report titled ``Actions Needed 
to Strengthen Internal Controls to Reduce Fraudulent, Improper, and 
Abusive Purchases'' (GAO-08-333) to improve safeguards and internal 
controls on the use of agency purchase cards.
SEC. 1004. CODIFICATION OF RECURRING AUTHORITY ON UNITED STATES 
CONTRIBUTIONS TO THE NORTH ATLANTIC TREATY ORGANIZATION COMMON-FUNDED 
BUDGETS.
    (a) Codification of Authority.--
        (1) In general.--Subchapter II of chapter 134 of title 10, 
    United States Code, is amended by adding at the end the following 
    new section:
``Sec. 2263. United States contributions to the North Atlantic Treaty 
    Organization common-funded budgets
    ``(a) In General.--The total amount contributed by the Secretary of 
Defense in any fiscal year for the common-funded budgets of NATO may be 
an amount in excess of the maximum amount that would otherwise be 
applicable to those contributions in such fiscal year under the fiscal 
year 1998 baseline limitation.
    ``(b) Reports.--(1) Not later than October 30 each year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the contributions made by the Secretary to the 
common-funded budgets of NATO in the preceding fiscal year.
    ``(2) Each report under paragraph (1) shall include, for the fiscal 
year covered by such report, the following:
        ``(A) The amounts contributed by the Secretary to each of the 
    separate budgets and programs of the North Atlantic Treaty 
    Organization under the common-funded budgets of NATO.
        ``(B) For each budget and program to which the Secretary made 
    such a contribution, the percentage of such budget or program 
    during the fiscal year that such contribution represented.
    ``(c) Definitions.--In this section:
        ``(1) Common-funded budgets of nato.--The term `common-funded 
    budgets of NATO' means the Military Budget, the Security Investment 
    Program, and the Civil Budget of the North Atlantic Treaty 
    Organization (and any successor or additional account or program of 
    NATO).
        ``(2) Fiscal year 1998 baseline limitation.--The term `fiscal 
    year 1998 baseline limitation' means the maximum annual amount of 
    Department of Defense contributions for common-funded budgets of 
    NATO that is set forth as the annual limitation in section 
    3(2)(C)(ii) of the resolution of the Senate giving the advice and 
    consent of the Senate to the ratification of the Protocols to the 
    North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, 
    and the Czech Republic (as defined in section 4(7) of that 
    resolution), approved by the Senate on April 30, 1998.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of subchapter II of chapter 134 of such title is amended by adding 
    at the end the following new item:

``2263. United States contributions to the North Atlantic Treaty 
          Organization common-funded budgets.''.

    (b) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008, and shall apply to fiscal years that begin 
on or after that date.
SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.
    (a) Amounts Specified in Joint Explanatory Statement Are Authorized 
by Law.--Wherever a funding table in the Joint Explanatory Statement 
which is to be printed in the Congressional Record on or about 
September 23, 2008, to explain the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 specifies a dollar amount for a 
project, program, or activity, the obligation and expenditure of the 
specified dollar amount for the indicated project, program, or activity 
is hereby authorized by law to be carried out to the same extent as if 
included in the text of the Act, subject to the availability of 
appropriations.
    (b) Merit-Based Decisions.--Decisions by agency heads to commit, 
obligate, or expend funds with or to a specific entity on the basis of 
dollar amount authorized pursuant to subsection (a) shall be based on 
authorized, transparent, statutory criteria, or merit-based selection 
procedures in accordance with the requirements of sections 2304(k) and 
2374 of title 10, United States Code, and other applicable provisions 
of law.
    (c) Relationship to Transfer and Reprogramming Authority.--This 
section does not prevent an amount covered by this section from being 
transferred or reprogrammed under a transfer or reprogramming authority 
provided by another provision of this Act or by other law. The transfer 
or reprogramming of an amount incorporated into the Act by this section 
shall not count against a ceiling on such transfers or reprogrammings 
under section 1001 of this Act or any other provision of law, unless 
such transfer or reprogramming would move funds between appropriation 
accounts.
    (d) Applicability to Classified Annex.--This section applies to any 
classified annex to the Joint Explanatory Statement referred to in 
subsection (a).
    (e) Oral and Written Communication.--No oral or written 
communication concerning any amount specified in the Joint Explanatory 
Statement referred to in subsection (a) shall supersede the 
requirements of this section.

          Subtitle B--Policy Relating to Vessels and Shipyards

SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, TEXAS.
    (a) Conveyance Authorized.--The Secretary of the Navy is authorized 
to convey the floating drydock AFDL-23, located in Aransas Pass, Texas, 
to Gulf Copper Ship Repair, that company being the current lessee of 
the drydock.
    (b) Condition of Conveyance.--The Secretary shall require as a 
condition of the conveyance under subsection (a) that the drydock 
remain at the facilities of Gulf Copper Ship Repair, at Aransas Pass, 
Texas, until at least September 30, 2010.
    (c) Consideration.--As consideration for the conveyance of the 
drydock under subsection (a), the purchaser shall provide compensation 
to the United States the value of which, as determined by the 
Secretary, is equal to the fair market value of the drydock, as 
determined by the Secretary. The Secretary shall take into account 
amounts paid by, or due and owing from, the lessee.
    (d) Transfer at No Cost to United States.--The provisions of 
section 7306(c) of title 10, United States Code, shall apply to the 
conveyance under this section.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.
SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOREIGN SHIPYARDS.
    Section 7310 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Report.--(1) The Secretary of the Navy shall submit to 
Congress each year, at the time that the President's budget is 
submitted to Congress that year under section 1105(a) of title 31, a 
report listing all repairs and maintenance performed on any covered 
naval vessel that has undergone work for the repair of the vessel in 
any shipyard outside the United States or Guam (in this section 
referred to as a `foreign shipyard') during the fiscal year preceding 
the fiscal year in which the report is submitted.
    ``(2) The report shall include the percentage of the annual ship 
repair budget of the Navy that was spent on repair of covered naval 
vessels in foreign shipyards during the fiscal year covered by the 
report.
    ``(3) The report also shall include the following with respect to 
each covered naval vessel:
        ``(A) The justification under law for the repair in a foreign 
    shipyard.
        ``(B) The name and class of vessel repaired.
        ``(C) The category of repair and whether the repair qualified 
    as voyage repair as defined in Commander Military Sealift Command 
    Instruction 4700.15C (September 13, 2007) or Joint Fleet 
    Maintenance Manual (Commander Fleet Forces Command Instruction 
    4790.3 Revision A, Change 7), Volume III. Scheduled availabilities 
    are to be considered as a composite and reported as a single entity 
    without individual repair and maintenance items listed separately.
        ``(D) The shipyard where the repair work was carried out.
        ``(E) The number of days the vessel was in port for repair.
        ``(F) The cost of the repair and the amount (if any) that the 
    cost of the repair was less than or greater than the cost of the 
    repair provided for in the contract.
        ``(G) The schedule for repair, the amount of work accomplished 
    (stated in terms of work days), whether the repair was accomplished 
    on schedule, and, if not so accomplished, the reason for the 
    schedule over-run.
        ``(H) The homeport or location of the vessel prior to its 
    voyage for repair.
        ``(I) Whether the repair was performed under a contract awarded 
    through the use of competitive procedures or procedures other than 
    competitive procedures.
    ``(4) In this subsection, the term `covered naval vessel' means any 
of the following:
        ``(A) A naval vessel.
        ``(B) Any other vessel under the jurisdiction of the Secretary 
    of the Navy.''.
SEC. 1013. REPORT ON PLAN FOR DISPOSAL OF CERTAIN VESSELS STRICKEN FROM 
THE NAVAL VESSEL REGISTER.
    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of the Navy, in consultation with the Administrator 
of the Maritime Administration, shall submit to the congressional 
defense committees a report containing--
        (1) a plan for the sale and disposal of each vessel over 50,000 
    tons light ship displacement stricken from the Naval Vessel 
    Register but not yet disposed of by the Navy or the Maritime 
    Administration; and
        (2) the estimated contribution to the domestic market for steel 
    and other metals that might be made from the scrapping of such 
    vessels.
SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS OPERATIONS.
    (a) Authority for Payment.--Of the amounts appropriated for 
operation and maintenance for the Navy, not more that $1,000,000 may be 
used to pay the charge established under section 1011 of title 37, 
United States Code, for meals sold by messes for United States Navy and 
Naval Auxiliary vessels to the following:
        (1) Members of nongovernmental organizations and officers or 
    employees of host and foreign nations when participating in or 
    providing support to United States civil-military operations.
        (2) Foreign national patients treated on Naval vessels during 
    the conduct of United States civil-military operations, and their 
    escorts.
    (b) Expiration of Authority.--The authority to pay for meals under 
subsection (a) shall expire on September 30, 2010.
    (c) Report.--Not later than March 31 of each year during which the 
authority to pay for meals under subsection (a) is in effect, the 
Secretary of Defense shall submit to Congress a report on the use of 
such authority.
SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE 
FORCES OF THE UNITED STATES NAVY.
    Section 1012(c)(1) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181) is amended by adding at the end 
the following:
            ``(D) Amphibious assault ships, including dock landing 
        ships (LSD), amphibious transport-dock ships (LPD), helicopter 
        assault ships (LHA/LHD), and amphibious command ships (LCC), if 
        such vessels exceed 15,000 dead weight ton light ship 
        displacement.''.

                  Subtitle C--Counter-Drug Activities

SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING DEPARTMENT OF 
DEFENSE EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.
    Section 1022(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106-398; 114 Stat. 1654A-255), as most recently amended by section 
1024 of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364; 120 Stat. 2383), is further amended by 
striking ``and February 15, 2008'' and inserting ``February 15, 2008, 
and February 15, 2009''.
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE 
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM 
ACTIVITIES.
    Section 1022(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as amended 
by section 1021 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 304), is amended by striking 
``2008'' and inserting ``2009''.
SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND 
COUNTERTERRORISM CAMPAIGN IN COLOMBIA AND CONTINUATION OF NUMERICAL 
LIMITATION ON ASSIGNMENT OF UNITED STATES PERSONNEL.
    Section 1021 of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as 
amended by section 1023 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2382), is further amended--
        (1) in subsection (a), by striking ``2008'' and inserting 
    ``2009''; and
        (2) in subsection (c), by striking ``2008'' and inserting 
    ``2009''.
SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL 
SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.
    (a) Extension of Authority.--Subsection (a)(2) of section 1033 of 
the National Defense Authorization Act for Fiscal Year 1998 (Public Law 
105-85; 111 Stat. 1881), as amended by section 1021 of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136, 117 
Stat. 1593), section 1022 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2137), and section 1022 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), is further 
amended by striking ``2008'' and inserting ``2009''.
    (b) Additional Governments Eligible to Receive Support.--Subsection 
(b) of such section is amended by adding at the end the following new 
paragraphs:
        ``(19) The Government of Guinea-Bissau.
        ``(20) The Government of Senegal.
        ``(21) The Government of El Salvador.
        ``(22) The Government of Honduras.''.
    (c) Maximum Annual Amount of Support.--Subsection (e)(2) of such 
section is amended--
        (1) by striking ``or'' after ``2006,''; and
        (2) by striking the period at the end and inserting ``, or 
    $75,000,000 during fiscal year 2009.''.
    (d) Condition on Provision of Support.--Subsection (f) of such 
section is amended--
        (1) in paragraph (2), by inserting after ``In the case of'' the 
    following: ``funds appropriated for fiscal year 2009 to carry out 
    this section and''; and
        (2) in paragraph (4)(B), by striking ``Committee on 
    International Relations'' and inserting ``Committee on Foreign 
    Affairs''.
    (e) Counter-Drug Plan.--Subsection (h) of such section is amended--
        (1) in the matter preceding paragraph (1), by striking ``fiscal 
    year 2004'' and inserting ``fiscal year 2009''; and
        (2) in subparagraph (7), by striking ``For the first fiscal 
    year'' and inserting ``For fiscal year 2009, and thereafter, for 
    the first fiscal year''.
SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR COUNTER-
NARCOTICS EFFORTS FOR UNITED STATES AFRICA COMMAND.
    (a) Report Required.--Not later than June 30, 2009, the Secretary 
of Defense shall submit to the congressional defense committees a 
comprehensive strategy of the Department of the Defense with regard to 
counter-narcotics efforts in Africa, with an emphasis on West Africa 
and the Maghreb. The Secretary of Defense shall prepare the strategy in 
consultation with the Secretary of State.
    (b) Matters to Be Included.--The comprehensive strategy shall 
consist of a general overview and a separate detailed section for each 
of the following:
        (1) A description of the overall United States counter-
    narcotics policy for Africa.
        (2) The roles and missions of the Department of Defense in 
    support of the overall United States counter-narcotics policy for 
    Africa.
        (3) The priorities for the Department of Defense to meet 
    programmatic objectives one-year, three-years, and five-years after 
    the end of fiscal year 2009, including a description of the 
    expected allocation of resources of the Department of Defense to 
    accomplish these priorities.
        (4) The efforts of the Secretary of Defense to coordinate the 
    Department of Defense counter-narcotics activities in Africa with 
    Department of Defense building capacity programs, including 
    programs carried out under the authority of the Secretary under 
    section 1206 of the National Defense Authorization Act for Fiscal 
    Year 2006 (Public Law 109-163; 119 Stat. 3456).
        (5) The efforts to coordinate the counter-narcotics activities 
    of the Department of Defense with the counter-narcotics activities 
    of the governments eligible to receive support under section 1033 
    of the National Defense Authorization Act for Fiscal Year 1998 
    (Public Law 105-85; 111 Stat. 1881) and the counter-narcotics 
    activities in Africa of European countries and other international 
    and regional partners.
    (c) Plans.--The comprehensive strategy shall also include the 
following plans:
        (1) A detailed and comprehensive plan to utilize the 
    capabilities and assets of the combatant commands that 
    geographically surround the United States Africa Command for the 
    counter-narcotics efforts and activities of the United States 
    Africa Command on a temporary basis until the United States Africa 
    Command develops its own commensurate capabilities and assets, 
    including in the plan a description of what measures will be taken 
    to effectuate the transition of the missions.
        (2) A detailed and comprehensive plan to enhance cooperation 
    with certain African countries, which are often geographically 
    contiguous to other African countries that have a significant 
    narcotics-trafficking challenges, to increase the effectiveness of 
    the counter-narcotics activities of the Department of Defense and 
    its international and regional partners.
SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR COUNTER-
NARCOTICS EFFORTS IN SOUTH AND CENTRAL ASIAN REGIONS.
    (a) Report Required.--Not later than June 30, 2009, the Secretary 
of Defense shall submit to the congressional defense committees a 
comprehensive strategy of the Department of the Defense with regard to 
counter-narcotics efforts in the South and Central Asian regions, 
including the countries of Afghanistan, Turkmenistan, Tajikistan, 
Kyrgyzstan, Kazakhstan, Pakistan, and India, as well as the countries 
of Armenia, Azerbaijan, and China.
    (b) Matters to Be Included.--The comprehensive strategy shall 
consist of a general overview and a separate detailed section for each 
of the following:
        (1) The roles and missions of the Department of Defense in 
    support of the overall United States counter-narcotics policy for 
    countries of the South and Central Asian regions and the other 
    countries specified in subsection (a).
        (2) The priorities for the Department of Defense to meet 
    programmatic objectives for fiscal year 2010, including a 
    description of the expected allocation of resources of the 
    Department of Defense to accomplish these priorities.
        (3) The ongoing and planned counter-narcotics activities funded 
    by the Department of Defense for such regions and countries.
        (4) The efforts to coordinate the counter-narcotics activities 
    of the Department of Defense with the counter-narcotics activities 
    of such regions and countries and the counter-narcotics activities 
    of other international partners in such regions and countries.
        (5) The specific metrics used by the Department of Defense to 
    evaluate progress of activities to reduce the production and 
    trafficking of illicit narcotics in such regions and countries.

         Subtitle D--Miscellaneous Authorities and Limitations

SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES GOVERNMENT 
TO CONDUCT COMPLEX OPERATIONS.
    (a) In General.--Chapter 20 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 409. Center for Complex Operations
    ``(a) Center Authorized.--The Secretary of Defense may establish a 
center to be known as the `Center for Complex Operations' (in this 
section referred to as the `Center').
    ``(b) Purposes.--The purposes of the Center established under 
subsection (a) shall be the following:
        ``(1) To provide for effective coordination in the preparation 
    of Department of Defense personnel and other United States 
    Government personnel for complex operations.
        ``(2) To foster unity of effort during complex operations 
    among--
            ``(A) the departments and agencies of the United States 
        Government;
            ``(B) foreign governments and militaries;
            ``(C) international organizations and international 
        nongovernmental organizations; and
            ``(D) domestic nongovernmental organizations.
        ``(3) To conduct research; collect, analyze, and distribute 
    lessons learned; and compile best practices in matters relating to 
    complex operations.
        ``(4) To identify gaps in the education and training of 
    Department of Defense personnel, and other relevant United States 
    Government personnel, relating to complex operations, and to 
    facilitate efforts to fill such gaps.
    ``(c) Concurrence of the Secretary of State.--The Secretary of 
Defense shall seek the concurrence of the Secretary of State to the 
extent the efforts and activities of the Center involve the entities 
referred to in subparagraphs (B) and (C) of subsection (b)(2).
    ``(d) Support From Other United States Government Departments or 
Agencies.--The head of any non-Department of Defense department or 
agency of the United States Government may--
        ``(1) provide to the Secretary of Defense services, including 
    personnel support, to support the operations of the Center; and
        ``(2) transfer funds to the Secretary of Defense to support the 
    operations of the Center.
    ``(e) Acceptance of Gifts and Donations.--(1) Subject to paragraph 
(3), the Secretary of Defense may accept from any source specified in 
paragraph (2) any gift or donation for purposes of defraying the costs 
or enhancing the operations of the Center.
    ``(2) The sources specified in this paragraph are the following:
        ``(A) The government of a State or a political subdivision of a 
    State.
        ``(B) The government of a foreign country.
        ``(C) A foundation or other charitable organization, including 
    a foundation or charitable organization that is organized or 
    operates under the laws of a foreign country.
        ``(D) Any source in the private sector of the United States or 
    a foreign country.
    ``(3) The Secretary may not accept a gift or donation under this 
subsection if acceptance of the gift or donation would compromise or 
appear to compromise--
        ``(A) the ability of the Department of Defense, any employee of 
    the Department, or any member of the armed forces to carry out the 
    responsibility or duty of the Department in a fair and objective 
    manner; or
        ``(B) the integrity of any program of the Department or of any 
    person involved in such a program.
    ``(4) The Secretary shall provide written guidance setting forth 
the criteria to be used in determining the applicability of paragraph 
(3) to any proposed gift or donation under this subsection.
    ``(f) Crediting of Funds Transferred or Accepted.--Funds 
transferred to or accepted by the Secretary of Defense under this 
section shall be credited to appropriations available to the Department 
of Defense for the Center, and shall be available for the same 
purposes, and subject to the same conditions and limitations, as the 
appropriations with which merged. Any funds so transferred or accepted 
shall remain available until expended.
    ``(g) Definitions.--In this section:
        ``(1) The term `complex operation' means an operation as 
    follows:
            ``(A) A stability operation.
            ``(B) A security operation.
            ``(C) A transition and reconstruction operation.
            ``(D) A counterinsurgency operation.
            ``(E) An operation consisting of irregular warfare.
        ``(2) The term `gift or donation' means any gift or donation of 
    funds, materials (including research materials), real or personal 
    property, or services (including lecture services and faculty 
    services).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 20 of such title is amended by adding at the end the following 
new item:

``409. Center for Complex Operations.''.
SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE TO PROPERTY 
FUNDED FROM A DEPARTMENT OF DEFENSE WORKING CAPITAL FUND.
    Section 7623(b) of title 10, United States Code, is amended--
        (1) by inserting ``(1)'' after ``(b)'';
        (2) in paragraph (1), as so designated, by striking the last 
    sentence; and
        (3) by adding at the end the following new paragraph:
    ``(2)(A) Except as provided in subparagraph (B), amounts received 
under this section shall be covered into the Treasury as miscellaneous 
receipts.
    ``(B) Amounts received under this section for damage or loss to 
property operated and maintained with funds from a Department of 
Defense working capital fund or account shall be credited to that fund 
or account.''.
SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER AIR 
TRANSPORTATION SERVICES FROM CARRIERS PARTICIPATING IN THE CIVIL 
RESERVE AIR FLEET.
    (a) In General.--Chapter 931 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 9515. Charter air transportation services: minimum annual 
    purchase amount for carriers participating in Civil Reserve Air 
    Fleet
    ``(a) In General.--The Secretary of Defense shall take steps to--
        ``(1) improve the predictability in Department of Defense 
    charter requirements;
        ``(2) strengthen Civil Reserve Airlift Fleet participation to 
    assure adequate capacity is available to meet steady-state, surge 
    and mobilization requirements; and
        ``(3) provide incentives for commercial air passenger carriers 
    to provide newer, more efficient and reliable aircraft for 
    Department of Defense service rather than older, fully depreciated 
    aircraft.
    ``(b) Consideration of Recommendations.--In carrying out subsection 
(a), the Secretary of Defense shall consider the recommendations on 
courses of action for the Civil Reserve Air Fleet as outlined in the 
report required by Section 356 of the National Defense Authorization 
Act for 2008 (Public Law 110-181).
    ``(c) Contracts for Charter Air Transportation Services.--The 
Secretary of Defense may award to an air carrier or an air carrier 
contractor team arrangement participating in the Civil Reserve Air 
Fleet on a fiscal year basis a one-year contract for charter air 
transportation services with a minimum purchase amount under such 
contract determined in accordance with this section.
    ``(d) Eligible Charter Air Transportation Carriers.--In order to be 
eligible for payments under the minimum purchase amount provided by 
this section, an air carrier (or any air carrier participating in an 
air carrier contractor team arrangement)--
        ``(1) if under contract with the Department of Defense in the 
    prior fiscal year, shall have an average on-time pick up rate, 
    based on factors within such air carrier's control, of at least 90 
    percent;
        ``(2) shall offer such amount of commitment to the Civil 
    Reserve Air Fleet in excess of the minimum required for 
    participation in the Civil Reserve Air Fleet as the Secretary of 
    Defense shall specify for purposes of this section; and
        ``(3) may not have refused a Department of Defense request to 
    act as a host for other Civil Reserve Air Fleet carriers at 
    intermediate staging bases during the prior fiscal year.
    ``(e) Aggregate Minimum Purchase Amount.--(1) The aggregate amount 
of the minimum purchase amount for all contracts awarded under 
subsection (c) for a fiscal year shall be based on forecast needs, but 
may not exceed the amount equal to 80 percent of the average annual 
expenditure of the Department of Defense for charter air transportation 
services during the five-fiscal year period ending in the fiscal year 
before the fiscal year for which such contracts are awarded.
    ``(2) In calculating the average annual expenditure of the 
Department of Defense for charter air transportation services for 
purposes of paragraph (1), the Secretary of Defense shall omit from the 
calculation any fiscal year exhibiting unusually high demand for 
charter air transportation services if the Secretary determines that 
the omission of such fiscal year from the calculation will result in a 
more accurate forecast of anticipated charter air transportation 
services for purposes of that paragraph.
    ``(f) Allocation of Minimum Purchase Among Charter Air 
Transportation Contracts.--(1) The aggregate amount of the minimum 
purchase amount for all contracts awarded under subsection (c) for a 
fiscal year, as determined under subsection (e), shall be allocated 
among all air carriers and air carrier contractor team arrangements 
awarded contracts under subsection (c) for such fiscal year in 
proportion to the commitments of such carriers to the Civil Reserve Air 
Fleet for such fiscal year.
    ``(2) In determining the minimum purchase amount payable under 
paragraph (1) under a contract under subsection (c) for charter air 
transportation services provided by an air carrier or air carrier 
contractor team arrangement during the fiscal year covered by such 
contract, the Secretary of Defense may adjust the amount allocated to 
such carrier or arrangement under paragraph (2) to take into account 
periods during such fiscal year when charter air transportation 
services of such carrier or a carrier in such arrangement are 
unavailable for usage by the Department of Defense, including during 
periods of refused business or suspended operations or when such 
carrier is placed in nonuse status pursuant to section 2640 of this 
title for safety reasons.
    ``(g) Distribution of Amounts.--If any amount available under this 
section for the minimum purchase of charter air transportation services 
from a carrier or air carrier contractor team arrangement for a fiscal 
year under a contract under subsection (c) is not utilized to purchase 
charter air transportation services from the carrier or arrangement in 
such fiscal year, such amount shall be provided to the carrier or 
arrangement before the first day of the following fiscal year.
    ``(h) Commitment of Funds.--(1) The Secretary of each military 
department shall transfer to the transportation working capital fund a 
percentage of the total amount anticipated to be required in such 
fiscal year for the payment of minimum purchase amounts under all 
contracts awarded under subsection (c) for such fiscal year equivalent 
to the percentage of the anticipated use of charter air transportation 
services by such military department during such fiscal year from all 
carriers under contracts awarded under subsection (c) for such fiscal 
year.
    ``(2) Any amounts required to be transferred under paragraph (1) 
shall be transferred by the last day of the fiscal year concerned to 
meet the requirements of subsection (g) unless minimum purchase amounts 
have already been distributed by the Secretary of Defense under 
subsection (g) as of that date.
    ``(i) Availability of Airlift Services.--(1) From the total amount 
of charter air transportation services available for a fiscal year 
under all contracts awarded under subsection (c) for such fiscal year, 
a military department shall be entitled to obtain a percentage of such 
services equal to the percentage of the contribution of the military 
department to the transportation working capital fund for such fiscal 
year under subsection (h).
    ``(2) A military department may transfer any entitlement to charter 
air transportation services under paragraph (1) to any other military 
department or to any other agency, element, or component of the 
Department of Defense.
    ``(j) Definition.--In this section, the term `charter air 
transportation' has the meaning given such term in section 40102(14) of 
title 49, United States Code, except that it only means such 
transportation for which the Secretary of Defense has entered into a 
contract for the purpose of passenger travel.
    ``(k) Sunset.--The authorities in this section shall expire on 
December 31, 2015.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 941 of such title is amended by adding at the end the following 
new item:

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

    (c) Report to Congress; Limitation on Exercise of Authority.--
        (1) Report.--The Secretary of Defense shall submit to the 
    congressional defense committees a written report on the actions 
    taken under subsections (a) and (b) of section 9515 of title 10, 
    United States Code, as added by subsection (a), along with the 
    anticipated risks and benefits of such actions.
        (2) Limitation.--No authority under subsections (c) through (I) 
    of such section may be implemented until 30 days after the date on 
    which the Secretary submits the report required under paragraph 
    (1).
SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT GENERATION 
ENTERPRISE NETWORKS PROGRAM.
    (a) Semi-Annual Reports Required.--The Secretary of Defense shall 
submit to the congressional defense committees semi-annual reports on 
the status of the development, testing, and deployment of the Navy Next 
Generation Enterprise Networks program and the transition of the 
capabilities provided by the Navy Marine Corps Intranet program to the 
Next Generation Enterprise Networks program. Each such report shall 
cover such status during the two fiscal quarters preceding the fiscal 
quarter in which the report is submitted.
    (b) Coordination.--The Secretary of Defense shall develop each of 
the semi-annual reports required under subsection (a) in coordination 
with the Secretary of the Navy, the Under Secretary of Defense for 
Acquisition, Technology, and Logistics, the Assistant Secretary of 
Defense for Networks and Information Integration, and the Director of 
Operational Test and Evaluation.
    (c) Contents of Reports.--Each of the reports required under 
subsection (a) shall address the following matters for the period 
covered by the report:
        (1) For each Next Generation Enterprise Networks contract 
    entered into by the Secretary of Defense--
            (A) the metrics used for quantitatively measuring the 
        performance of the entity with which the Secretary has entered 
        into the contract and, based on such metrics, an assessment of 
        the performance of such entity during such period;
            (B) the qualitative measures used to assess the performance 
        of such entity and, based on such qualitative measures, an 
        assessment of the performance of such entity during such 
        period;
            (C) the mechanisms for providing incentives to improve the 
        performance of such entity, the processes for determining 
        incentive payments, and the use of incentive payments made 
        during such period; and
            (D) the mechanisms for penalizing such entity for poor 
        performance, the processes for determining penalties, and the 
        use of such penalties during such period.
        (2) Any progress made during such period to transition 
    information technology services from the Navy Marine Corps Intranet 
    program to the Next Generation Enterprise Networks program, 
    including the transfer of intellectual property and infrastructure, 
    and a description of contracting mechanisms used to facilitate such 
    transition and the provision of services related to such 
    transition.
        (3) An assessment of any issues arising during such period that 
    relate to the valuation and ownership of intellectual property and 
    infrastructure in the Navy Marine Corps Intranet program.
        (4) Any activities carried out by the Next Generation 
    Enterprise Networks Governance Board to resolve issues related to 
    the Next Generation Enterprise Network program.
        (5) An assessment of the operational effectiveness and 
    suitability of the Next Generation Enterprise Networks program 
    during such period based on testing activities and other 
    assessments.
        (6) A description of the information security and information 
    assurance posture and performance of the Next Generation Enterprise 
    Networks program during such period.
        (7) The schedule, status, and goals of the early transition 
    activities between the Navy Marine Corps Intranet program and the 
    Next Generation Enterprise Networks program carried out during such 
    period.
        (8) A description of the role of the Next Generation Enterprise 
    Networks program with the Navy's network environment.
        (9) An updated acquisition milestone schedule, including any 
    changes from previous planned schedules, the status of achieving 
    milestones, and mitigation strategies for maintaining program 
    schedule performance.
    (d) Deadline for Submittal of Reports.--The Secretary of Defense 
shall submit the semi-annual reports required under this section by not 
later than April 1 and October 1 of each year, and shall submit the 
first report required under this section by not later than April 1, 
2009.
    (e) Termination.--The requirement to submit semi-annual reports 
under this section shall terminate on the date that is one year after 
the date on which the Secretary of Defense completes the full 
transition of the provision of services from the Navy Marine Corps 
Intranet program and other transition programs to the Next Generation 
Enterprise Networks program.
SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.
    (a) Findings.--Congress makes the following findings:
        (1) The unauthorized transfer of nuclear weapons from Minot Air 
    Force Base, North Dakota, to Barksdale Air Force Base, Louisiana, 
    in August 2007 was an extraordinary breach of the command and 
    control and security of nuclear weapons.
        (2) The reviews conducted following that unauthorized transfer 
    found that the ability of the Department of Defense to provide 
    oversight of nuclear weapons matters had degenerated and that 
    senior level attention to nuclear weapons management is minimal at 
    best.
        (3) The lack of attention to nuclear weapons and related 
    equipment by the Department of Defense was demonstrated again when 
    it was discovered in March 2008 that classified equipment from 
    Minuteman III intercontinental ballistic missiles was inadvertently 
    shipped to Taiwan in 2006.
        (4) The Department of Defense has insufficient capability and 
    staffing in the Office of the Under Secretary of Defense for Policy 
    to provide the necessary oversight of the nuclear weapons functions 
    of the Department.
        (5) The key senior position responsible for nuclear weapons 
    matters in the Department of Defense, the Assistant to the 
    Secretary of Defense for Nuclear and Chemical and Biological 
    Defense Programs, a position filled by appointment by and with the 
    advice and consent of the Senate, was vacant for more than 18 
    months before being filled in July 2008.
        (6) The inability to provide consistent senior level emphasis 
    on nuclear weapons policy has contributed to an erosion in the 
    level of attention paid to nuclear weapons matters across the 
    Department of Defense.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the United States should maintain clear and unambiguous 
    command and control of its nuclear weapons;
        (2) the safety and security of nuclear weapons and related 
    equipment should be a high priority as long as the United States 
    maintains a stockpile of nuclear weapons;
        (3) these objectives will be more successfully attained if 
    greater attention is paid to nuclear weapons matters within the 
    Office of the Secretary of Defense, the Office of the Under 
    Secretary of Defense for Policy, and the Office of the Under 
    Secretary of Defense for Acquisition, Technology, and Logistics;
        (4) the Secretary of Defense should consider establishing and 
    filling a senior position, at the level of Assistant Secretary of 
    Defense or Deputy Under Secretary of Defense, within the Office of 
    the Under Secretary of Defense for Policy to hold primary 
    responsibility for the strategic and nuclear weapons policy of the 
    Department of Defense; and
        (5) the Secretary of Defense should clarify the lines of 
    responsibility and accountability for nuclear weapons matters 
    within the Office of the Secretary of Defense to place greater 
    emphasis on strategic and nuclear weapons policy and management.
SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-FEDERAL 
AVIATION ADMINISTRATION EXECUTIVE COMMITTEE ON CONFLICT AND DISPUTE 
RESOLUTION.
    (a) Findings.--Congress makes the following findings:
        (1) Unmanned aerial systems (UAS) of the Department of Defense, 
    like the Predator and the Global Hawk, have become a critical 
    component of military operations. Unmanned aerial systems are 
    indispensable in the conflict against terrorism and the campaigns 
    in Afghanistan and Iraq.
        (2) Unmanned aerial systems of the Department of Defense must 
    operate in the National Airspace System (NAS) for training, 
    operational support to the combatant commands, and support to 
    domestic authorities in emergencies and national disasters.
        (3) The Department of Defense has been lax in developing 
    certifications of airworthiness for unmanned aerial systems, 
    qualifications for operators of unmanned aerial systems, databases 
    on safety matters relating to unmanned aerial systems, and 
    standards, technology, and procedures that are necessary for 
    routine access of unmanned aerial systems to the National Airspace 
    System.
        (4) As recognized in a Memorandum of Agreement for Operation of 
    Unmanned Aircraft Systems in the National Airspace System signed by 
    the Deputy Secretary of Defense and the Administrator of the 
    Federal Aviation Administration in September 2007, it is vital for 
    the Department of Defense and the Federal Aviation Administration 
    to collaborate closely to achieve progress in gaining access for 
    unmanned aerial systems to the National Airspace System to support 
    military requirements.
        (5) The Department of Defense and the Federal Aviation 
    Administration have jointly and separately taken significant 
    actions to improve the access of unmanned aerial systems of the 
    Department of Defense to the National Airspace System, but overall, 
    the pace of progress in access of such systems to the National 
    Airspace System has been insufficient and poses a threat to 
    national security.
        (6) Techniques and procedures can be rapidly acquired or 
    developed to temporarily permit safe operations of unmanned aerial 
    systems in the National Airspace System until permanent safe 
    operations of such systems in the National Airspace System can be 
    achieved.
        (7) Identifying, developing, approving, implementing, and 
    monitoring the adequacy of these techniques and procedures may 
    require the establishment of a joint Department of Defense-Federal 
    Aviation Administration executive committee reporting to the 
    highest levels of the Department of Defense and the Federal 
    Aviation Administration on matters relating to the access of 
    unmanned aerial systems of the Department of Defense to the 
    National Airspace System.
        (8) Joint management attention at the highest levels of the 
    Department of Defense and the Federal Aviation Administration may 
    also be required on other important issues, such as type ratings 
    for aerial refueling aircraft.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should seek an agreement with the Administrator of 
the Federal Aviation Administration to jointly establish within the 
Department of Defense and the Federal Aviation Administration a joint 
Department of Defense-Federal Aviation Administration executive 
committee on conflict and dispute resolution which would--
        (1) act as a focal point for the resolution of disputes on 
    matters of policy and procedures between the Department of Defense 
    and the Federal Aviation Administration with respect to--
            (A) airspace, aircraft certifications, and aircrew 
        training; and
            (B) other issues brought before the joint executive 
        committee by the Department of Defense or the Department of 
        Transportation;
        (2) identify solutions to the range of technical, procedural, 
    and policy concerns arising in the disputes described in paragraph 
    (1); and
        (3) identify solutions to the range of technical, procedural, 
    and policy concerns arising in the integration of Department of 
    Defense unmanned aerial systems into the National Airspace System 
    in order to achieve the increasing, and ultimately routine, access 
    of such systems into the National Airspace System.
SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO, STRATEGIC 
AIRLIFT AIRCRAFT FOR CIVILIAN USE.
    (a) Findings.--Congress makes the following findings:
        (1) The 2006 Quadrennial Defense Review and the 2005 Mobility 
    Capability Study determined that the United States Transportation 
    Command requires a force of 292 to 383 organic strategic airlift 
    aircraft, augmented by procurement of airlift service from 
    commercial air carriers participating in the Civil Reserve Air 
    Fleet, to meet the demands of the National Military Strategy. 
    Congress has authorized and appropriated funds for 316 strategic 
    airlift aircraft.
        (2) The commander of the United States Transportation Command 
    has testified to Congress that it is essential to safeguard the 
    capabilities and capacity of the Civil Reserve Air Fleet to meet 
    wartime surge demands in connection with major combat operations 
    and that procurement by the Air Force of excess organic strategic 
    airlift aircraft could be harmful to the health of the Civil 
    Reserve Air Fleet.
        (3) The C-17 aircraft is used extensively by the Air Mobility 
    Command in the Global War on Terror. Production of the C-17 
    aircraft is scheduled to cease in August, 2010.
        (4) The Federal Aviation Administration has informed Congress 
    that no fewer than six commercial operators have expressed interest 
    in operating a commercial variant of the C-17 aircraft. Commercial 
    sale of the new C-17 aircraft would require that the Department of 
    Defense determine that it is in the national interest for the 
    Federal Aviation Administration to proceed with the issuance of a 
    type certificate for C-17 aircraft in accordance with section 21.27 
    of title 14, Code of Federal Regulations.
        (5) New C-17 aircraft sold for commercial use could be made 
    available to the Civil Reserve Air Fleet, thus strengthening the 
    capabilities and capacity of the Civil Reserve Air Fleet.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense, in consultation with the Secretary of 
Transportation, should--
        (1) review the benefits and feasibility of pursuing a new 
    production commercial cargo capability with new C-17 commercial 
    variant aircraft and determine whether such capability is in the 
    national interest; and
        (2) if the Secretary of Defense determines that such a 
    capability is in the national interest, take appropriate actions to 
    coordinate with the Federal Aviation Administration to achieve the 
    type certification for a commercial variant of the C-17 required by 
    section 21.27 of title 14, Code of Federal Regulations.

                    Subtitle E--Studies and Reports

SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.
    (a) Report Required.--The Secretary of Defense, acting through the 
Director of Corrosion Policy and Oversight, shall prepare and submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives a report on corrosion control and prevention in weapons 
systems and equipment.
    (b) Matters Covered.--The report shall include the comments and 
recommendations of the Department of Defense regarding potential 
improvements in corrosion control and prevention through earlier 
planning. In particular, the report shall include an evaluation and 
business case analysis of options for improving corrosion control and 
prevention in the requirements and acquisition processes of the 
Department of Defense for weapons systems and equipment. The evaluation 
shall include an analysis of the impact of such potential improvements 
on system acquisition costs and life cycle sustainment. The options for 
improved corrosion control and prevention shall include corrosion 
control and prevention--
        (1) as a key performance parameter for assessing the selection 
    of materials and processes;
        (2) as a key performance parameter for sustainment;
        (3) as part of the capability development document in the joint 
    capabilities integration and development system; and
        (4) as a requirement for weapons systems managers to assess 
    their corrosion control and prevention requirements over a system's 
    life cycle and incorporate the results into their acquisition 
    strategies prior to issuing a solicitation for contracts.
    (c) Deadline.--The report shall be submitted not later than 120 
days after the date of the enactment of this Act.
    (d) Review by Comptroller General.--The Comptroller General shall 
review the report required under subsection (a), including the 
methodology used in the Department's analysis, and shall provide the 
results of the review to the Committees on Armed Services of the Senate 
and the House of Representatives not later than 60 days after the 
Department submits the report.
SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE FIGHTING SYSTEMS 
(MAFFS) IN A FEDERAL RESPONSE TO WILDFIRES.
    (a) In General.--The Secretary of Defense shall carry out a study 
to determine--
        (1) how to utilize the Department's Modular Airborne Fire 
    Fighting Systems (MAFFS) in all contingencies where there is a 
    Federal response to wildfires; and
        (2) how to decrease the costs of using the Department's MAFFS 
    when supporting National Interagency Fire Center (NIFC) fire 
    fighting operations.
    (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report on the results of the study.
SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.
    (a) Study Required.--The Secretary of Defense and the Chairman of 
the Joint Chiefs of Staff shall carry out a study on Department of 
Defense rotorcraft survivability. The study shall--
        (1) with respect to actual losses of rotorcraft in combat--
            (A) identify the rates of such losses from 1965 through 
        2008, measured in total annual losses by type of aircraft and 
        by cause, with rates for loss per flight hour and loss per 
        sortie provided;
            (B) identify by category of hostile action (such as small 
        arms, Man-Portable Air Defense Systems, and so on), the causal 
        factors for the losses; and
            (C) propose candidate solutions for survivability (such as 
        training, tactics, speed, countermeasures, maneuverability, 
        lethality, technology, and so on), in a prioritized list with 
        explanations, to mitigate each such causal factor, along with 
        recommended funding adequate to achieve rates at least equal to 
        the experience in the Vietnam conflict;
        (2) with respect to actual losses of rotorcraft in combat 
    theater not related to hostile action--
            (A) identify the causal factors of loss in a ranked list; 
        and
            (B) propose candidate solutions for survivability (such as 
        training, tactics, speed, countermeasures, maneuverability, 
        lethality, technology, and so on), in a prioritized list, to 
        mitigate each such causal factor, along with recommended 
        funding adequate to achieve the Secretary's Mishap Reduction 
        Initiative goal of not more than 0.5 mishaps per 100,000 flight 
        hours;
        (3) with respect to losses of rotorcraft in training or other 
    non-combat operations during peacetime or interwar years--
            (A) identify by category (such as inadvertent instrument 
        meteorological conditions, wire strike, and so on) the causal 
        factors of loss in a ranked list; and
            (B) identify candidate solutions for survivability and 
        performance (such as candidate solutions referred to in 
        paragraph (2)(B) as well as maintenance, logistics, systems 
        development, and so on) in a prioritized list, to mitigate each 
        such causal factor, along with recommended funding adequate to 
        achieve the goal of rotorcraft loss rates to non-combat causes 
        being reduced to 1.0;
        (4) identify the key technical factors (causes of mishaps that 
    are not related to human factors) negatively impacting the 
    rotorcraft mishap rates and survivability trends, to include 
    reliability, availability, maintainability, and other logistical 
    considerations; and
        (5) identify what TACAIR is and has done differently to have 
    such a decrease in losses per sortie when compared to rotorcraft, 
    to include--
            (A) examination of aircraft, aircraft maintenance, 
        logistics, operations, and pilot and operator training;
            (B) an emphasis on the development of common service 
        requirements that TACAIR has implemented already which are 
        minimizing losses within TACAIR; and
            (C) candidate solutions, in a prioritized list, to mitigate 
        each causal factor with recommended funding adequate to achieve 
        the goal of rotorcraft loss rates stated above.
    (b) Report.--Not later than August 1, 2009, the Secretary and the 
Chairman shall submit to the congressional defense committees a report 
on the results of the study.
SEC. 1044. REPORT ON NUCLEAR WEAPONS.
    (a) Findings.--Congress finds that--
        (1) numerous nuclear weapons are held in the arsenals of 
    various countries around the world;
        (2) some of these weapons make attractive targets for theft and 
    for use by terrorist organizations;
        (3) the United States should identify, track, and monitor these 
    weapons as a matter of national security;
        (4) the United States should assess the security risks 
    associated with existing stockpiles of nuclear weapons and should 
    assess the risks of nuclear weapons being developed, acquired, or 
    utilized by other countries, particularly rogue states, and by 
    terrorists and other non-state actors; and
        (5) the United States should work cooperatively with other 
    countries to improve the security of nuclear weapons and to promote 
    multilateral reductions in the numbers of nuclear weapons.
    (b) Review.--The President, in consultation with the Secretary of 
Defense, the Secretary of State, the Secretary of Energy, and the 
Director of National Intelligence, shall conduct a review of nuclear 
weapons world-wide that includes--
        (1) an inventory of the nuclear arsenals of all countries that 
    possess, or are believed to possess, nuclear weapons, which 
    indicates, as accurately as possible, the nuclear weapons that are 
    known, or are believed, to exist according to nationality, type, 
    yield, and form of delivery, and an assessment of the methods that 
    are currently employed to identify, track, and monitor nuclear 
    weapons and their component materials;
        (2) an assessment of the risks associated with the deployment, 
    transfer, and storage of nuclear weapons deemed to be attractive to 
    terrorists, rogue states, and other state or non-state actors on 
    account of their size or portability, or on account of their 
    accessibility due to the manner of their deployment or storage; and
        (3) recommendations for--
            (A) mechanisms and procedures to improve security and 
        safeguards for the nuclear weapons deemed to be attractive to 
        terrorists, rogue states, and other state or non-state actors;
            (B) mechanisms and procedures to improve the ability of the 
        United States to identify, track, and monitor the nuclear 
        weapons deemed to be attractive to terrorists, rogue states, 
        and other state or non-state actors;
            (C) mechanisms and procedures for implementing transparent 
        multilateral reductions in nuclear weapons arsenals; and
            (D) methods for consolidating, dismantling, and disposing 
        of the nuclear weapons in each country that possesses, or is 
        believed to possess, nuclear weapons, including methods of 
        monitoring and verifying consolidation, dismantlement, and 
        disposal.
    (c) Report.--
        (1) Report required.--Not later than one year after the date of 
    the enactment of this Act, the President shall submit to Congress a 
    report on the findings and recommendations of the review required 
    under subsection (b).
        (2) Classification of report.--The report required under 
    paragraph (1) shall be submitted in unclassified form, but it may 
    be accompanied by a classified annex.
SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE WITH GUAM TAX 
AND LICENSING LAWS.
    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense, in consultation with the Secretary of 
the Navy and the Joint Guam Program Office, shall submit to the 
congressional defense committees a report on the steps that the 
Department of Defense is taking to ensure that contractors of the 
Department performing work on Guam comply with local tax and licensing 
requirements.
SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ.
    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on detention operations at 
theater internment facilities in Iraq.
    (b) Elements.--The report required by subsection (a) shall include 
each of the following:
        (1) A detailed description of how counterinsurgency doctrine 
    has been incorporated at theater internment facilities in Iraq.
        (2) A detailed description of the policies and programs 
    instituted to prepare detainees for reintegration following their 
    release from detention in theater internment facilities in Iraq.
        (3) A description and assessment of the effects of changes in 
    detention operations and reintegration programs at theater 
    internment facilities in Iraq during the period beginning on 
    January 1, 2007, and ending on the date of the completion of the 
    report, including changes in levels of violence within internment 
    facilities and in rates of recapture of detainees released from 
    detention in internment facilities.
        (4) A description of--
            (A) the lessons learned regarding detention operations in a 
        counterinsurgency operation, an assessment of how such lessons 
        could be applied to detention operations elsewhere (including 
        in Afghanistan and at Guantanamo Bay, Cuba); and
            (B) any efforts to integrate such lessons into Department 
        of Defense directives, joint doctrine, mission rehearsal 
        exercises for deploying forces, and training for units involved 
        in detention and interrogation operations.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE DEPARTMENT 
OF DEFENSE AND THE INTELLIGENCE COMMUNITY.
    (a) In General.--The Secretary of Defense and the Director of 
National Intelligence shall conduct a joint review of the bandwidth 
capacity requirements of the Department of Defense and the intelligence 
community in the near term, mid term, and long term.
    (b) Elements.--The review required by subsection (a) shall include 
an assessment of the following:
        (1) The current bandwidth capacities and capabilities of the 
    Department of Defense and the intelligence community to transport 
    data, including Government and commercial ground networks, airborne 
    relays, and satellite systems.
        (2) The bandwidth capacities and capabilities anticipated to be 
    available to the Department of Defense and the intelligence 
    community to transport data in the near term, mid term, and long 
    term.
        (3) Innovative technologies available to the Department of 
    Defense and the intelligence community to increase data transport 
    capacity of existing bandwidth (such as compression techniques or 
    intelligent software agents) that can be applied in the near term, 
    mid term, and long term.
        (4) The bandwidth and data requirements of current major 
    operational systems of the Department of Defense and the 
    intelligence community, including an assessment of--
            (A) whether such requirements are being appropriately met 
        by the bandwidth capacities and capabilities described in 
        paragraph (1); and
            (B) the degree to which any such requirements are not being 
        met by such bandwidth capacities and capabilities.
        (5) The anticipated bandwidth and data requirements of major 
    operational systems of the Department of Defense and the 
    intelligence community planned for each of the near term, mid term, 
    and long term, including an assessment of--
            (A) whether such anticipated requirements will be 
        appropriately met by the bandwidth capacities and capabilities 
        described in paragraph (2); and
            (B) the degree to which any such requirements are not 
        anticipated to be met by such bandwidth capacities and 
        capabilities.
        (6) Any mitigation concepts that could be used to satisfy any 
    unmet bandwidth and data requirements.
        (7) The costs of meeting the bandwidth and data requirements 
    described in paragraphs (4) and (5).
        (8) Any actions necessary to integrate or consolidate the 
    information networks of the Department of Defense and the 
    intelligence community.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense and the Director of 
National Intelligence shall jointly submit to the congressional defense 
committees, the Select Committee on Intelligence of the Senate, and the 
Permanent Select Committee on Intelligence of the House of 
Representatives a report setting forth the results of the review 
required by subsection (a).
    (d) Formal Review Process for Bandwidth Requirements.--The 
Secretary of Defense and the Director of National Intelligence shall, 
as part of the Milestone B or Key Decision Point B approval process for 
any major defense acquisition program or major system acquisition 
program, establish a formal review process to ensure that--
        (1) the bandwidth requirements needed to support such program 
    are or will be met; and
        (2) a determination will be made with respect to how to meet 
    the bandwidth requirements for such program.
    (e) Definitions.--In this section:
        (1) Intelligence community.--The term ``intelligence 
    community'' has the meaning given the term in section 3(4) of the 
    National Security Act of 1947 (50 U.S.C. 401a(4)).
        (2) Long term.--The term ``long term'' means the five-year 
    period beginning on the date that is 10 years after the date of the 
    enactment of this Act.
        (3) Mid term.--The term ``mid term'' means the five-year period 
    beginning on the date that is five years after the date of the 
    enactment of this Act.
        (4) Near term.--The term ``near term'' means the five-year 
    period beginning on the date of the enactment of this Act.
SEC. 1048. REVIEW OF FINDINGS AND RECOMMENDATIONS APPLICABLE TO THE 
DEPARTMENT OF DEFENSE REGARDING ELECTROMAGNETIC PULSE ATTACK.
    (a) Review.--The Secretary of Defense shall conduct a review of the 
findings and recommendations applicable to the Department of Defense 
made in the reports of the Commission to Assess the Threat to the 
United States from Electromagnetic Pulse Attack established under title 
XIV of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 
165A-345).
    (b) Reports.--
        (1) In general.--The Secretary shall submit to the 
    congressional defense committees a report on the review required by 
    subsection (a) that shall include the following:
            (A) A description of the findings and recommendations 
        described in that subsection that are applicable to the 
        Department of Defense.
            (B) A plan for addressing the applicable findings and 
        implementing the applicable recommendations to the extent 
        practicable and feasible.
            (C) If the Secretary determines that it is not practicable 
        or feasible to address an applicable finding or implement an 
        applicable recommendation, an explanation clearly explaining 
        each such determination.
            (D) A description of the capabilities of the Department of 
        Defense needed to protect and recover from an electromagnetic 
        pulse attack.
            (E) Any research and development needed to address any 
        applicable finding or recommendation to enable the Department 
        of Defense to implement such recommendations in the future.
            (F) A description of the plans and programs that the 
        Department of Defense has in place or plans to put in place to 
        address the threat from electromagnetic pulse attack.
            (G) A description of the organizational and management 
        structure that the Department of Defense has in place or plans 
        to have in place to address the threat from an electromagnetic 
        pulse attack.
            (H) A description of any impediments to implementing any 
        applicable recommendations.
        (2) Submittal dates.--The report required by paragraph (1) 
    shall be submitted not later than September 1 of each odd numbered 
    year beginning in 2009 and ending in 2015.
        (3) Form of report.--The report required by paragraph (1) shall 
    be submitted in unclassified form, but may include a classified 
    annex.

                       Subtitle F--Other Matters

SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF 
INFORMATION REGARDING INFORMATION TECHNOLOGY CAPITAL ASSETS.
    Section 351 of the Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516; 10 U.S.C. 221 
note) is amended--
        (1) in subsection (a)--
            (A) by striking paragraph (1);
            (B) by redesignating paragraph (2) as paragraph (1);
            (C) in paragraph (1), as so redesignated, by striking ``and 
        an estimated total life cycle cost'' and inserting ``or an 
        estimated total cost''; and
            (D) by adding at the end the following new paragraph (2):
        ``(2) Information technology capital assets not covered by 
    paragraph (1) that have been determined by the Chief Information 
    Officer of the Department of Defense to be significant 
    investments.'';
        (2) by striking subsection (b);
        (3) by redesignating subsection (c) as subsection (b);
        (4) in subsection (b), as so redesignated, by striking 
    ``subsection (a)(2)'' and inserting ``subsection (a)(1)'';
        (5) by inserting after subsection (b) the following new 
    subsection (c):
    ``(c) Required Information for Significant Investments.--With 
respect to each information technology capital asset not covered by 
paragraph (1) of subsection (a), but covered by paragraph (2) of that 
subsection, the Secretary of Defense shall include such information in 
a format that is appropriate to the current status of such asset.''; 
and
        (6) in subsection (d), by striking ``life cycle''.
SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION ON ENEMY 
PRISONERS OF WAR, RETAINED PERSONNEL, CIVILIAN INTERNEES, AND OTHER 
DETAINEES.
    (a) Submission to Congress.--A successor regulation to Army 
Regulation 190-8 Enemy Prisoners of War, Retained Personnel, Civilian 
Internees and Other Detainees (dated October 1, 1997) may not be 
carried out or implemented until the date that is 60 days after the 
date on which the Secretary of Defense submits to the Committees on 
Armed Services of the Senate and House of Representatives such 
successor regulation.
    (b) Savings Clause.--Nothing in this section shall affect the 
continued effectiveness of Army Regulation 190-8 Enemy Prisoners of 
War, Retained Personnel, Civilian Internees and Other Detainees (dated 
October 1, 1997).
SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.
    (a) Project Modification.--The project for hurricane and storm 
damage reduction, Barnegat Inlet to Little Egg Inlet, New Jersey, 
authorized by section 101(a)(1) of the Water Resources Development Act 
of 2000 (114 Stat. 2576), is modified to authorize the Secretary of the 
Army to undertake, at Federal expense, such measures as the Secretary 
determines to be necessary and appropriate in the public interest to 
address the handling of munitions placed on the beach during 
construction of the project before the date of enactment of this 
section.
    (b) Treatment of Costs.--Costs incurred in carrying out subsection 
(a) shall not be considered to be a cost of constructing the project.
    (c) Credit.--The Secretary shall credit, in accordance with section 
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the 
non-Federal share of the cost of the project the costs incurred by the 
non-Federal interest with respect to the removal and handling of the 
munitions referred to in subsection (a).
    (d) Eligible Activities.--Measures authorized by subsection (a) 
include monitoring, removal, and disposal of the munitions referred to 
in subsection (a).
SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINATION AMONG THE 
DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND THE UNITED STATES 
AGENCY FOR INTERNATIONAL DEVELOPMENT ON MATTERS OF NATIONAL SECURITY.
    (a) Establishment of Advisory Panel.--The Secretary of Defense, the 
Secretary of State, and the Administrator of the United States Agency 
for International Development (USAID) may jointly establish an advisory 
panel to advise, review, and make recommendations on ways to improve 
coordination among the Department of Defense, the Department of State, 
and the United States Agency for International Development on matters 
relating to national security, including reviewing their respective 
roles and responsibilities.
    (b) Membership.--
        (1) Composition.--The advisory panel shall be composed of 12 
    members, of whom--
            (A) three shall be appointed by the Secretary of Defense, 
        in consultation with the Secretary of State and the 
        Administrator;
            (B) three shall be appointed by the Secretary of Defense, 
        with the advice of the Chairman of the Joint Chiefs of Staff, 
        and in consultation with the Secretary of State and the 
        Administrator;
            (C) three shall be appointed by the Secretary of State, in 
        consultation with the Secretary of Defense and the 
        Administrator; and
            (D) three shall be appointed by the Administrator, in 
        consultation with the Secretary of Defense and the Secretary of 
        State.
        (2) Chairman.--The Secretary of Defense, the Secretary of 
    State, and the Administrator shall jointly designate one member as 
    chairman.
        (3) Vice chairman.--The Secretary of Defense, the Secretary of 
    State, and the Administrator shall jointly designate one member as 
    vice chairman. The vice chairman may not be a member appointed to 
    the advisory panel under paragraph (1) by the same Secretary or 
    Administrator who appointed the member under such paragraph who is 
    designated as the chairman under paragraph (2).
        (4) Expertise.--Members of the advisory panel shall be private 
    citizens of the United States with national recognition and 
    significant experience in the Federal Government, the Armed Forces, 
    public administration, foreign affairs, or development.
        (5) Deadline for appointment.--All members of the advisory 
    panel should be appointed not earlier than January 20, 2009, and 
    not later than March 20, 2009.
        (6) Terms.--The term of each member of the advisory panel is 
    for the life of the advisory panel.
        (7) Vacancies.--A vacancy in the advisory panel shall be filled 
    not later than 30 days after such vacancy occurs and in the manner 
    in which the original appointment was made.
        (8) Security clearances.--The appropriate departments or 
    agencies of the Federal Government shall cooperate with the 
    advisory panel in expeditiously providing to the members and staff 
    of the advisory panel appropriate security clearances to the extent 
    possible pursuant to existing procedures and requirements, except 
    that no person shall be provided with access to classified 
    information under this section without the appropriate security 
    clearances.
        (9) Status.--A member of the advisory panel who is not 
    otherwise employed by the Federal Government shall not be 
    considered to be a Federal employee, except for the purposes of 
    chapter 81 of title 5, United States Code, and chapter 171 of title 
    28, United States Code.
        (10) Expenses.--The members of the advisory panel shall be 
    allowed travel expenses, including per diem in lieu of subsistence, 
    at rates authorized for employees of agencies under subchapter I of 
    chapter 57 of title 5, while away from their homes or regular 
    places of business in the performance of services for the advisory 
    panel.
    (c) Meetings and Procedures.--
        (1) Initial meeting.--The advisory panel shall conduct its 
    first meeting not later than 30 days after the date that all 
    appointments to the advisory panel have been made under subsection 
    (b).
        (2) Meetings.--The advisory panel shall meet not less often 
    than once every three months. The advisory panel may also meet at 
    the call of the Secretary of Defense, the Secretary of State, or 
    the Administrator.
        (3) Procedures.--The advisory panel shall carry out its duties 
    under procedures established under subsection (d).
    (d) Support of Federally Funded Research and Development Center.--
If the advisory panel is established under subsection (a), the 
Secretary of Defense, in consultation with the Secretary of State and 
the Administrator, shall, not later than 60 days after the date of the 
final appointment of the members of the advisory panel pursuant to 
subsection (b)(5), enter into a contract with a federally funded 
research and development center for the provision of administrative and 
logistical support and assistance to the advisory panel in carrying out 
its duties under this section. Such support and assistance shall 
include the establishment of the procedures of the advisory panel.
    (e) Duties of Panel.--The advisory panel shall--
        (1) analyze the roles and responsibilities of the Department of 
    Defense, the Department of State, and the USAID regarding--
            (A) stability operations;
            (B) foreign assistance (including security assistance); and
            (C) other areas the Secretary of Defense, the Secretary of 
        State, and the Administrator jointly agree are appropriate;
        (2) review--
            (A) the structures and systems that coordinate policy-
        making;
            (B) the national security-related roles and 
        responsibilities of the Department of Defense, the Department 
        of State, USAID, and, as appropriate, other relevant agencies 
        to ensure effective coordination;
            (C) the efforts of the Department of Defense, the 
        Department of State, USAID, and such other relevant agencies to 
        ensure that lessons learned and expertise that is developed in 
        carrying out programs related to national security are shared 
        among the departments and agencies of the Federal Government, 
        as appropriate; and
            (D) the coordination of activities conducted abroad and 
        carried out by personnel of the Department of Defense, 
        Department of State, USAID, and such other relevant agencies; 
        and
        (3) provide advice and make recommendations for otherwise 
    improving coordination between and among the Department of Defense, 
    the Department of State and USAID on matters of national security.
    (f) Cooperation of Other Agencies.--Upon request by the advisory 
panel, any department or agency of the Federal Government shall provide 
information that the advisory panel considers necessary to carry out 
its duties.
    (g) Reports.--
        (1) Interim report.--Not later than 180 days after the first 
    meeting of the advisory panel, the advisory panel shall submit to 
    the Secretary of Defense, the Secretary of State, and the 
    Administrator a report that identifies--
            (A) aspects of the interagency structure and processes 
        relating to matters of national security that should take 
        priority in any effort to improve the coordination among the 
        Department of Defense, the Department of State, and USAID; and
            (B) methods to better coordinate the interagency structure 
        and processes relating to matters of national security.
        (2) Annual reports.--Not later than December 31 of the year in 
    which the interim report is submitted under paragraph (1), the 
    advisory panel shall submit to the Secretary of Defense, the 
    Secretary of State, and the Administrator a report on--
            (A) the activities of the advisory panel;
            (B) any deficiencies relating to coordination among the 
        Department of Defense, Department of States and USAID and other 
        relevant agencies on matters of national security;
            (C) any improvements made during the period covered by the 
        report to the coordination among the Department of Defense, the 
        Department of State, USAID, and other relevant agencies on 
        matters of national security;
            (D) methods to better coordinate the interagency structure 
        and processes among the Department of Defense, the Department 
        of State, USAID, and other relevant agencies on matters 
        relating to national security; and
            (E) such findings, conclusions, and recommendations as the 
        advisory panel considers appropriate.
        (3) Submission of report to congress.--The Secretary of 
    Defense, the Secretary of State, and the Administrator shall submit 
    to the appropriate congressional committees the reports required 
    under this subsection and any additional information considered 
    appropriate.
        (4) Congressional briefings.--Not later than 30 days after the 
    submission of each report required under this subsection, the 
    members of the advisory panel shall make themselves available to 
    meet with the appropriate congressional committees to brief such 
    committees on the matters contained in the report.
        (5) Appropriate committees.--For the purposes of this 
    subsection, the appropriate congressional committees are the 
    following:
            (A) The Committees on Foreign Affairs, Armed Services, and 
        Appropriations of the House of Representatives.
            (B) The Committees on Foreign Relations, Armed Services, 
        and Appropriations of the Senate.
    (h) Termination of Advisory Panel.--The advisory panel shall 
terminate on December 31, 2012.
    (i) Definitions.--In this section:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the United States Agency for International 
    Development.
        (2) Stability operations.--The term ``stability operations'' 
    means stability and reconstruction operations conducted by 
    departments or agencies of the Federal Government described by 
    Department of Defense Directive 3000.05, National Security 
    Presidential Directive 1, or National Security Presidential 
    Directive 44.
        (3) Federal agency.--The term ``Federal agency'' means any 
    entity included in chapter 1 of title 5, United States code.
SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC DIPLOMACY 
ACTIVITIES OF THE FEDERAL GOVERNMENT.
    (a) Report by President.--
        (1) Initial report.--Not later than December 31, 2009, the 
    President shall submit to the appropriate committees of Congress a 
    report on a comprehensive interagency strategy for public diplomacy 
    and strategic communication of the Federal Government, including 
    benchmarks and a timetable for achieving such benchmarks.
        (2) Elements of report.--The report required under paragraph 
    (1) shall include the following elements:
            (A) Strategy.--A comprehensive interagency strategy, which 
        shall include the following:
                (i) Prioritizing the mission of supporting specific 
            foreign policy objectives, such as counterterrorism and 
            efforts to combat extremist ideology, in parallel and in 
            complement with, as appropriate, the broad mission of 
            communicating the policies and values of the United States 
            to foreign audiences.
                (ii) Consolidating and elevating, as appropriate, 
            Federal Government leadership to prioritize, manage, and 
            implement the strategy required by this subsection, 
            including consideration of whether to establish strategic 
            communication and public diplomacy positions at the 
            National Security Council and to establish a single office 
            to coordinate strategic communication and public diplomacy 
            efforts.
                (iii) Improving coordination across departments and 
            agencies of the Federal Government on strategic 
            communications and public diplomacy.
                (iv) Consideration of whether resources devoted to 
            strategic communication and public diplomacy efforts should 
            be increased.
            (B) Study.--A study of whether to establish an independent, 
        not-for-profit organization responsible for providing 
        independent assessment and strategic guidance to the Federal 
        Government on strategic communication and public diplomacy, as 
        recommended by the Task Force on Strategic Communication of the 
        Defense Science Board.
            (C) Roles of departments or agencies of the federal 
        government.--A description of the respective roles of the 
        National Security Council, the Department of Defense, and the 
        Department of State regarding strategic communication and 
        public diplomacy, including--
                (i) a description of the roles of the offices within 
            the National Security Council, the Department of Defense, 
            and the Department of State engaged in message outreach to 
            audiences abroad; and
                (ii) an explanation of how the National Security 
            Council, the Department of Defense, and the Department of 
            State coordinate strategic communication and public 
            diplomacy activities.
        (3) Subsequent report.--Two years after the submission of the 
    initial report under paragraph (1), the President shall submit to 
    the appropriate committees of Congress a report on--
            (A) the status of the implementation of the strategy;
            (B) progress toward achievement of benchmarks; and
            (C) any changes to the strategy since the submission of the 
        initial report.
    (b) Report by Secretary of Defense.--Not later than December 31, 
2009, the Secretary of Defense shall review, and submit to the 
congressional defense committees a report on, the organizational 
structure within the Department of Defense for advising the Secretary 
on the direction and priorities for strategic communication activities, 
including an assessment of the option of establishing a board, composed 
of representatives from among the organizations within the Department 
responsible for strategic communications, public diplomacy, and public 
affairs, and including advisory members from the broader interagency 
community as appropriate, for purposes of--
        (1) providing strategic direction for Department of Defense 
    efforts related to strategic communications and public diplomacy; 
    and
        (2) setting priorities for the Department of Defense in the 
    areas of strategic communications and public diplomacy.
    (c) Form and Availability of Reports.--
        (1) Form.--The reports required by this section may be 
    submitted in a classified form.
        (2) Availability.--Any unclassified portions of the reports 
    required by this section shall be made available to the public.
    (d) Appropriate Committees.--For the purposes of this section, the 
appropriate committees of Congress are the following:
        (1) The Committees on Foreign Relations, Armed Services, and 
    Appropriations of the Senate.
        (2) The Committees on Foreign Affairs, Armed Services, and 
    Appropriations of the House of Representatives.
SEC. 1056. PROHIBITIONS RELATING TO PROPAGANDA.
    (a) Prohibition.--No part of any funds authorized to be 
appropriated in this or any other Act shall be used by the Department 
of Defense for publicity or propaganda purposes within the United 
States not otherwise specifically authorized by law.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Inspector General of the Department of Defense shall 
submit to Congress a report on the findings of their project number 
D2008-DIPOEF-0209.000, entitled ``Examination of Allegations Involving 
DoD Office of Public Affairs Outreach Program''.
    (c) Legal Opinion.--Not later than 120 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall issue a legal opinion to Congress on whether the Department of 
Defense violated appropriations prohibitions on publicity or propaganda 
activities established in Public Laws 107-117, 107-248, 108-87, 108-
287, 109-148, 109-289, and 110-116, the Department of Defense 
Appropriations Acts for fiscal years 2002 through 2008, respectively, 
by offering special access to prominent persons in the private sector 
who serve as media analysts, including briefings and information on war 
efforts, meetings with high level government officials, and trips to 
Iraq and Guantanamo Bay, Cuba.
    (d) Rule of Construction Related to Intelligence Activities.--
Nothing in this section shall be construed to apply to any lawful and 
authorized intelligence activity of the United States Government.
SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES BY 
CONTRACTOR PERSONNEL.
    It is the sense of Congress that--
        (1) the interrogation of enemy prisoners of war, civilian 
    internees, retained persons, other detainees, terrorists, and 
    criminals when captured, transferred, confined, or detained during 
    or in the aftermath of hostilities is an inherently governmental 
    function and cannot appropriately be transferred to private sector 
    contractors;
        (2) not later than one year after the date of the enactment of 
    this Act, the Secretary of Defense should develop the resources 
    needed to ensure that interrogations described in paragraph (1) can 
    be conducted by government personnel and not by private sector 
    contractors; and
        (3) properly trained and cleared contractors may appropriately 
    be used as linguists, interpreters, report writers, information 
    technology technicians, and other employees filling ancillary 
    positions, if the private sector contractors are subject to the 
    same rules, procedures, policies, and laws pertaining to detainee 
    operations and interrogations that govern the execution of these 
    positions by government personnel.
SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR OTHERWISE 
ELECTRONICALLY RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF 
PERSONS IN THE CUSTODY OF OR UNDER THE EFFECTIVE CONTROL OF THE 
DEPARTMENT OF DEFENSE.
    (a) In General.--It is the sense of Congress that the Secretary of 
Defense should take such actions as are necessary to ensure that each 
strategic intelligence interrogation of any person who is in the 
custody or under the effective control of the Department of Defense or 
under detention in a Department of Defense facility is videotaped or 
otherwise electronically recorded.
    (b) Strategic Intelligence Interrogation Defined.--For purposes of 
this section, the term ``strategic intelligence interrogation'' means 
an interrogation of a person described in subsection (a) conducted at a 
theater-level detention facility.
SEC. 1059. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED FOR ENTRY 
TO MILITARY INSTALLATIONS IN THE UNITED STATES.
    Section 1069(c) of the National Defense Authorization Act of Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 327) is amended--
        (1) in paragraph (1)--
            (A) by striking ``July 1, 2008'' and inserting ``February 
        1, 2009''; and
            (B) by striking ``January 1, 2009'' and inserting ``October 
        1, 2010''; and
        (2) in paragraph (2), by striking ``implemented'' and inserting 
    ``developed''.
SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL COMMISSION ON 
THE STRATEGIC POSTURE OF THE UNITED STATES.
    (a) Extension of Dates.--Section 1062 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181) is 
amended--
        (1) in subsection (e), by striking ``December 1, 2008'' and 
    inserting ``April 1, 2009''; and
        (2) in subsection (g), by striking ``June 1, 2009'' and 
    inserting ``September 30, 2009''.
    (b) Interim Report.--Not later than December 1, 2008, the 
Congressional Commission on the Strategic Posture of the United States 
shall submit to the President, the Secretary of Defense, the Secretary 
of Energy, the Secretary of State, the Committee on Armed Services of 
the Senate, and the Committee on Armed Services of the House of 
Representatives an interim report on the commission's initial findings, 
conclusions, and recommendations. To the extent practicable, the 
interim report shall address the matters required to be included in the 
report under subsection (e) of such section 1062.
SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS.
    (a) Title 10, United States Code.--Title 10, United States Code, is 
amended as follows:
        (1) The table of sections at the beginning of chapter 2 is 
    amended by inserting after the item relating to 118a the following 
    new item:

``118b. Quadrennial roles and missions review.''.

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

``667. Issue of Serviceable Material Other Than to Armed 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

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

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

                        Subtitle C--Other Matters

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

                  Subtitle A--Assistance and Training

SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN 
FRONTIER CORPS.
    (a) Authority.--Subsection (a) of section 1206 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 366) is amended by striking ``during fiscal year 2008'' and 
inserting ``during fiscal years 2008 and 2009''.
    (b) Funding Limitation.--Subsection (c)(1) of such section is 
amended by inserting after ``fiscal year 2008'' the following: ``and up 
to $25,000,000 of funds available to the Department of Defense for 
operation and maintenance for fiscal year 2009''.
SEC. 1202. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR MILITARY-TO-
MILITARY CONTACTS AND COMPARABLE ACTIVITIES.
    (a) In General.--Section 168(e) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
    ``(5) Funds available to carry out this section shall be available, 
to the extent provided in appropriations Acts, for programs or 
activities under this section that begin in a fiscal year and end in 
the following fiscal year.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2008, and shall apply with respect to 
programs and activities under section 168 of title 10, United States 
Code, as so amended, that begin on or after that date.
SEC. 1203. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS TO PAY INCREMENTAL 
EXPENSES FOR PARTICIPATION OF DEVELOPING COUNTRIES IN COMBINED 
EXERCISES.
    (a) In General.--Section 2010 of title 10, United States Code, is 
amended--
        (1) by redesignating subsection (d) as subsection (e); and
        (2) by inserting after subsection (c) the following new 
    subsection:
    ``(d) Funds available to carry out this section shall be available, 
to the extent provided in appropriations Acts, for bilateral or 
multilateral military exercises that begin in a fiscal year and end in 
the following fiscal year.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2008, and shall apply with respect to 
bilateral and multilateral military exercises described in section 2010 
of title 10, United States Code, as so amended, that begin on or after 
that date.
SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND 
CROSS-SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR PERSONNEL 
PROTECTION AND SURVIVABILITY.
    (a) Semiannual Reports to Congressional Committees.--Subsection 
(b)(3) of section 1202 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2412) is amended by adding at the end the following new subparagraph:
            ``(E) With respect to equipment provided to each foreign 
        force that is not returned to the United States, a description 
        of the terms of disposition of the equipment to the foreign 
        force.
            ``(F) The percentage of equipment provided to foreign 
        forces under the authority of this section that is not returned 
        to the United States.''.
    (b) Expiration.--Subsection (e) of such section, as amended by 
section 1252(b) of National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 402), is further amended by 
striking ``September 30, 2009'' and inserting ``September 30, 2011''.
SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL OF 
EDUCATION AND TRAINING MATERIALS AND INFORMATION TECHNOLOGY TO ENHANCE 
MILITARY INTEROPERABILITY WITH THE ARMED FORCES.
    (a) Authority for Distribution.--
        (1) In general.--Subchapter I of chapter 134 of title 10, 
    United States Code, is amended by adding at the end the following 
    new section:
``Sec. 2249d. Distribution to certain foreign personnel of education 
     and training materials and information technology to enhance 
     military interoperability with the armed forces
    ``(a) Distribution Authorized.--To enhance interoperability between 
the armed forces and military forces of friendly foreign nations, the 
Secretary of Defense, with the concurrence of the Secretary of State, 
may--
        ``(1) provide to personnel referred to in subsection (b) 
    electronically-distributed learning content for the education and 
    training of such personnel for the development or enhancement of 
    allied and friendly military and civilian capabilities for 
    multinational operations, including joint exercises and coalition 
    operations; and
        ``(2) provide information technology, including computer 
    software developed for such purpose, but only to the extent 
    necessary to support the use of such learning content for the 
    education and training of such personnel.
    ``(b) Authorized Recipients.--The personnel to whom learning 
content and information technology may be provided under subsection (a) 
are military and civilian personnel of a friendly foreign government, 
with the permission of that government.
    ``(c) Education and Training.--Any education and training provided 
under subsection (a) shall include the following:
        ``(1) Internet-based education and training.
        ``(2) Advanced distributed learning and similar Internet 
    learning tools, as well as distributed training and computer-
    assisted exercises.
    ``(d) Applicability of Export Control Regimes.--The provision of 
learning content and information technology under this section shall be 
subject to the provisions of the Arms Export Control Act (22 U.S.C. 
2751 et seq.) and any other export control regime under law relating to 
the transfer of military technology to foreign nations.
    ``(e) Guidance on Utilization of Authority.--
        ``(1) Guidance required.--The Secretary of Defense shall 
    develop and issue guidance on the procedures for the use of the 
    authority in this section.
        ``(2) Modification.--If the Secretary modifies the guidance 
    issued under paragraph (1), the Secretary shall submit to the 
    appropriate committees of Congress a report setting forth the 
    modified guidance not later than 30 days after the date of such 
    modification.
    ``(f) Annual Report.--
        ``(1) Report required.--Not later than October 31 following 
    each fiscal year in which the authority in this section is used, 
    the Secretary of Defense shall submit to the appropriate committees 
    of Congress a report on the exercise of the authority during such 
    fiscal year.
        ``(2) Elements.--Each report under paragraph (1) shall include, 
    for the fiscal year covered by such report, the following:
            ``(A) A statement of the recipients of learning content and 
        information technology provided under this section.
            ``(B) A description of the type, quantity, and value of the 
        learning content and information technology provided under this 
        section.
    ``(g) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
        ``(1) the Committee on Armed Services and the Committee on 
    Foreign Relations of the Senate; and
        ``(2) the Committee on Armed Services and the Committee on 
    Foreign Affairs of the House of Representatives.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of subchapter I of chapter 134 of such title is amended by adding 
    at the end the following new item:

``2249d. Distribution to certain foreign personnel of education and 
          training materials and information technology to enhance 
          military interoperability with the armed forces.''.

    (b) Guidance on Utilization of Authority.--
        (1) Submittal to congress.--Not later than 30 days after 
    issuing the guidance required by section 2249d(e) of title 10, 
    United States Code, as added by subsection (a), the Secretary of 
    Defense shall submit to the Committees on Armed Services of the 
    Senate and the House of Representatives a report setting forth such 
    guidance.
        (2) Utilization of similar guidance.--In developing the 
    guidance required by section 2249d(e) of title 10, United States 
    Code, as so added, the Secretary may utilize applicable portions of 
    the current guidance developed by the Secretary under subsection 
    (f) of section 1207 of the John Warner National Defense 
    Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
    Stat. 2419) for purposes of the exercise of the authority in such 
    section 1207.
    (c) Repeal of Superseded Authority.--
        (1) In general.--Section 1207 of the John Warner National 
    Defense Authorization Act for Fiscal Year 2007 is repealed.
        (2) Submittal of final report on exercise of authority.--If the 
    Secretary of Defense exercised the authority in section 1207 of the 
    John Warner National Defense Authorization Act for Fiscal Year 2007 
    during fiscal year 2008, the Secretary shall submit the report 
    required by subsection (g) of such section for such fiscal year in 
    accordance with the provisions of such subsection (g) without 
    regard to the repeal of such section under paragraph (1).
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 2008.
SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO 
PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
    (a) Building of Capacity of Additional Foreign Forces.--Subsection 
(a) of section 1206 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by 
section 1206 of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418), is further 
amended by striking ``a program'' and all that follows and inserting 
``a program or programs as follows:
        ``(1) To build the capacity of a foreign country's national 
    military forces in order for that country to--
            ``(A) conduct counterterrorism operations; or
            ``(B) participate in or support military and stability 
        operations in which the United States Armed Forces are 
        participating.
        ``(2) To build the capacity of a foreign country's maritime 
    security forces to conduct counterterrorism operations.''.
    (b) Funding.--Subsection (c) of such section, as so amended, is 
further amended--
        (1) in paragraph (1), by striking ``$300,000,000'' and 
    inserting ``$350,000,000''; and
        (2) by adding at the end the following new paragraph:
        ``(4) Availability of funds for activities across fiscal 
    years.--Amounts available under this subsection for the authority 
    in subsection (a) for a fiscal year may be used for programs under 
    that authority that begin in such fiscal year but end in the next 
    fiscal year.''.
    (c) Three-Year Extension of Authority.--Subsection (g) of such 
section, as so amended, is further amended--
        (1) by striking ``September 30, 2008'' and inserting 
    ``September 30, 2011''; and
        (2) by striking ``fiscal year 2006, 2007, or 2008'' and 
    inserting ``fiscal years 2006 through 2011''.
    (d) Effective Date.--The amendment made by subsection (b)(2) shall 
take effect on October 1, 2008, and shall apply with respect to 
programs under the authority in subsection (a) of section 1206 of the 
National Defense Authorization Act for Fiscal Year 2006, as so amended, 
that begin on or after that date.
SEC. 1207. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR SECURITY 
AND STABILIZATION ASSISTANCE.
    (a) Prohibition on Budget Support.--Subsection (a) of section 1207 
of the National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109-163; 119 Stat. 3458) is amended--
        (1) by striking ``The Secretary of Defense'' and inserting the 
    following:
        ``(1) In general.--The Secretary of Defense''; and
        (2) by adding at the end the following new paragraph:
        ``(2) Prohibition on budget support.--Nothing in this section 
    shall be construed to authorize the provision of budget support to 
    any foreign country.''.
    (b) Assistance to Georgia During Fiscal Year 2009.--Subsection (b) 
of such section is amended--
        (1) by striking ``The aggregate value'' and inserting the 
    following:
        ``(1) In general.--Except as provided in paragraph (2), the 
    aggregate value''; and
        (2) by adding at the end the following new paragraph:
        ``(2) Assistance to georgia during fiscal year 2009.--
            ``(A) In general.--The Secretary of Defense is authorized 
        during fiscal year 2009 to exercise the authority of subsection 
        (a) to provide services to, and transfer defense articles and 
        funds to, the Secretary of State for the purposes of 
        facilitating the provision by the Secretary of State of 
        reconstruction, security, or stabilization assistance to the 
        country of Georgia.
            ``(B) Limitation.--The aggregate value of all services, 
        defense articles, and funds provided or transferred to the 
        Secretary of State under this section for Georgia in fiscal 
        year 2009--
                ``(i) may not exceed $50,000,000; and
                ``(ii) shall not count against the dollar amount 
            limitation specified in paragraph (1) for such fiscal 
            year.''.
    (c) Extension of Authority.--Subsection (g) of such section, as 
amended by section 1210(b) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 369), is further 
amended by striking ``September 30, 2008'' and inserting ``September 
30, 2009''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.
SEC. 1208. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL 
OPERATIONS TO COMBAT TERRORISM.
    (a) In General.--Subsection (a) of section 1208 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108-375; 118 Stat. 2086) is amended--
        (1) by inserting ``, with the concurrence of the relevant Chief 
    of Mission,'' after ``may''; and
        (2) by striking ``$25,000,000'' and inserting ``$35,000,000''.
    (b) Timing of Notice on Provision of Support.--Subsection (c) of 
such section is amended by striking ``in not less than 48 hours'' and 
inserting ``within 48 hours''.
    (c) Extension.--Subsection (h) of such section, as amended by 
section 1202(c) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 364), is further amended by 
striking ``2010'' and inserting ``2013''.
    (d) Technical Amendment.--The heading of such section is amended by 
striking ``military operations'' and inserting ``special operations''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.
SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF EDUCATION AND 
TRAINING OF FOREIGN MILITARY FORCES UNDER REGIONAL DEFENSE COMBATING 
TERRORISM FELLOWSHIP PROGRAM.
    (a) Increase in Amount.--Section 2249c(b) of title 10, United 
States Code, is amended by striking ``$25,000,000'' and inserting 
``$35,000,000''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2008, and shall apply with respect to fiscal 
years beginning on or after that date.

          Subtitle B--Matters Relating to Iraq and Afghanistan

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES 
RELATING TO IRAQ.
    No funds appropriated pursuant to an authorization of 
appropriations in this Act may be obligated or expended for a purpose 
as follows:
        (1) To establish any military installation or base for the 
    purpose of providing for the permanent stationing of United States 
    Armed Forces in Iraq.
        (2) To exercise United States control of the oil resources of 
    Iraq.
SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS BETWEEN THE UNITED 
STATES AND IRAQ.
    (a) Requirement for Report.--
        (1) In general.--(A) Not later than 90 days after the date of 
    the enactment of this Act, the President shall transmit to the 
    appropriate congressional committees a report on any agreement that 
    has been completed between the United States and Iraq relating to--
            (i) the legal status of United States military personnel, 
        civilian personnel, and contractor personnel of contracts 
        awarded by any department or agency of the United States 
        Government;
            (ii) the establishment of or access to military bases;
            (iii) the rules of engagement under which United States 
        Armed Forces operate in Iraq; and
            (iv) any security commitment, arrangement, or assurance 
        that obligates the United States to respond to internal or 
        external threats against Iraq.
        (B) If, on the date that is 90 days after the date of the 
    enactment of this Act, no agreement between the United States and 
    Iraq described in subparagraph (A) has been completed, the 
    President shall notify the appropriate congressional committees 
    that no such agreement has been completed, and shall transmit to 
    the appropriate congressional committees the report required under 
    subparagraph (A) as soon as practicable after such an agreement or 
    agreements are completed.
        (2) Update of report.--The President shall transmit to the 
    appropriate congressional committees an update of the report 
    required under paragraph (1) whenever an agreement between the 
    United States and Iraq relating to the matters described in the 
    report is substantially revised.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include, with respect to each agreement described in 
subsection (a), the following:
        (1) A description of any conditions placed on United States 
    combat operations by the Government of Iraq, including required 
    coordination, if any, before such operations can be undertaken.
        (2) A description of any constraints placed on United States 
    military personnel, civilian personnel, and contractor personnel of 
    contracts awarded by any department or agency of the United States 
    Government as a result of such conditions.
        (3) A description of the conditions under which United States 
    military personnel, civilian personnel, or contractor personnel of 
    contracts awarded by any department or agency of the United States 
    Government could be tried by an Iraqi court for alleged crimes 
    occurring both during the performance of official duties and during 
    other such times, and the protections that such personnel would be 
    extended in an Iraqi court, if applicable.
        (4) An assessment of authorities under the agreement for United 
    States Armed Forces and Coalition partners to apprehend, detain, 
    and interrogate prisoners and otherwise collect intelligence.
        (5) A description of any security commitment, arrangement, or 
    assurance that obligates the United States to respond to internal 
    or external threats against Iraq, including the manner in which 
    such commitment, arrangement, or assurance may be implemented.
        (6) An assessment of any payments required under the agreement 
    to be paid to the Government of Iraq or other Iraqi entities for 
    rights, access, or support for bases and facilities.
        (7) An assessment of any payments required under the agreement 
    for any claims for deaths and damages caused by United States 
    military personnel, civilian personnel, and contractor personnel of 
    contracts awarded by any department or agency of the United States 
    Government in the performance of their official duties.
        (8) A description of the arrangements required under the 
    agreement to resolve disputes arising over matters contained in the 
    agreement or to consider changes to the agreement.
        (9) A discussion of the extent to which the agreement applies 
    to other Coalition partners.
        (10) A description of how the agreement can be terminated by 
    the United States or Iraq.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Committee on Armed Services and the Committee on 
    Foreign Affairs of the House of Representatives; and
        (2) the Committee on Armed Services and the Committee on 
    Foreign Relations of the Senate.
    (e) Termination of Requirement.--
        (1) In general.--Except as provided in paragraph (2), the 
    requirement to transmit the report and updates of the report under 
    subsection (a) terminates on December 31, 2009.
        (2) Exception.--The requirement to transmit the report and 
    updates of the report under subsection (a) terminates before 
    December 31, 2009, if the following conditions are met:
            (A) The President transmits to the appropriate 
        congressional committees the text of any agreement between the 
        United States and Iraq described in subsection (a)(1)(A) and 
        any amendment or update thereto.
            (B) Within 30 days of transmission of the agreement, the 
        President makes available appropriate senior officials to brief 
        the appropriate congressional committees on the matters covered 
        by the agreement or any amendment or update thereto.
SEC. 1213. STRATEGY FOR UNITED STATES-LED PROVINCIAL RECONSTRUCTION 
TEAMS IN IRAQ.
    (a) In General.--The President shall establish and implement a 
strategy for United States-led Provincial Reconstruction Teams (PRTs), 
including embedded PRTs and Provincial Support Teams, in Iraq that 
ensures that such United States-led PRTs are--
        (1) supporting the operational and strategic goals of the 
    Multi-National Force-Iraq; and
        (2) developing the capacity of national, provincial, and local 
    government and other civil institutions in Iraq to assume 
    increasing responsibility for the formulation, implementation, and 
    oversight of reconstruction and development activities.
    (b) Elements of Strategy.--At a minimum, the strategy required 
under subsection (a) shall include--
        (1) a mission statement and clearly defined objectives for 
    United States-led PRTs as a whole;
        (2) a mission statement and clearly defined objectives for each 
    United States-led PRT; and
        (3) measures of effectiveness and performance indicators for 
    meeting the objectives of each United States-led PRT as described 
    in paragraph (2).
    (c) Report.--
        (1) In general.--Not later than 90 days after the date of the 
    enactment of this Act, and every 90 days thereafter through the end 
    of fiscal year 2010, the President shall transmit to the 
    appropriate congressional committees a report on the implementation 
    of the strategy required under subsection (a), including an 
    assessment of the specific contributions United States-led PRTs are 
    making to implement the strategy. The initial report required under 
    this subsection should include a general description of the 
    strategy required under subsection (a) and a general discussion of 
    the elements of the strategy required under subsection (b).
        (2) Inclusion in other report.--The report required under this 
    subsection may be included in the report required by section 1227 
    of the National Defense Authorization Act for Fiscal Year 2006 
    (Public Law 109-163; 119 Stat. 3465).
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Committee on Armed Services, the Committee on 
    Appropriations, and the Committee on Foreign Affairs of the House 
    of Representatives; and
        (2) the Committee on Armed Services, the Committee on 
    Appropriations, and the Committee on Foreign Relations of the 
    Senate.
SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
    (a) Authority for Fiscal Years 2008 and 2009.--Subsection (a) of 
section 1202 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163; 119 Stat. 3455), as amended by section 1205 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 122 Stat. 366), is further amended in the matter preceding 
paragraph (1)--
        (1) by striking ``$977,441,000'' and inserting ``$1,700,000,000 
    in fiscal year 2008 and $1,500,000,000 in fiscal year 2009,''; and
        (2) by striking ``in such fiscal year''.
    (b) Quarterly Reports.--Subsection (b) of such section, as so 
amended, is further amended--
        (1) in the heading, by inserting ``and Briefings'' after 
    ``Reports'';
        (2) by striking ``Not later than'' and inserting the following:
        ``(1) In general.--Not later than''; and
        (3) by adding at the end the following new paragraphs:
        ``(2) Additional matters to be included.--In addition to the 
    information described in paragraph (1), each report required under 
    paragraph (1) that contains information on projects carried out 
    using funds authorized under the Commanders' Emergency Response 
    Program in Iraq shall include the following:
            ``(A) A listing of each project for which amounts in excess 
        of $500,000 provided through the Commanders' Emergency Response 
        Program in Iraq were expended.
            ``(B) A written statement by the Secretary of Defense, or 
        the Deputy Secretary of Defense if the authority under 
        subsection (f) is delegated to the Deputy Secretary of Defense, 
        affirming that the certification required under subsection (f) 
        was issued for each project in Iraq for which amounts in excess 
        of $1,000,000 provided through the Commanders' Emergency 
        Response Program in Iraq were expended.
            ``(C) For each project listed in subparagraph (A), the 
        following information:
                ``(i) A description and justification for carrying out 
            the project
                ``(ii) A description of the extent of involvement by 
            the Government of Iraq in the project, including--

                    ``(I) the amount of funds provided by the 
                Government of Iraq for the project; and
                    ``(II) a description of the plan for the transition 
                of such project upon completion to the people of Iraq 
                and for the sustainment of any completed facilities, 
                including any commitments by the Government of Iraq to 
                sustain projects requiring the support of the 
                Government of Iraq for sustainment.

                ``(iii) A description of the current status of the 
            project, including, where appropriate, the projected 
            completion date.
            ``(D) A description of the status of transitioning 
        activities carried out under the Commanders' Emergency Response 
        Program in Iraq to the Government of Iraq, including--
                ``(i) the level of funding provided by the Government 
            of Iraq for the Government of Iraq Commanders' Emergency 
            Response Program (commonly known as `I-CERP');
                ``(ii) the level of funding provided and expended by 
            the Government of Iraq in other programs designed to meet 
            urgent humanitarian relief and reconstruction requirements 
            that immediately assist the Iraqi people; and
                ``(iii) a description of the progress made in 
            transitioning the responsibility for the Sons of Iraq 
            Program to the Government of Iraq.
        ``(3) Briefings.--Not later than 15 days after the submission 
    of each report under paragraph (1), appropriate officials of the 
    Department of Defense shall meet with the congressional defense 
    committees to brief such committees on the matters contained in the 
    report.''.
    (c) Prohibition on Certain Projects Under the Commanders' Emergency 
Response Program in Iraq.--Such section, as so amended, is further 
amended--
        (1) by redesignating subsection (e) as subsection (f); and
        (2) by inserting after subsection (d) the following new 
    subsection:
    ``(e) Prohibition on Certain Projects Under the Commanders' 
Emergency Response Program in Iraq.--
        ``(1) Prohibition.--Except as provided in paragraph (2), funds 
    made available under this section for the Commanders' Emergency 
    Response Program in Iraq may not be obligated or expended to carry 
    out any project commenced after the date of the enactment of the 
    Duncan Hunter National Defense Authorization Act for Fiscal Year 
    2009 if the total amount of such funds made available for the 
    purpose of carrying out the project exceeds $2,000,000.
        ``(2) Exception.--The prohibition contained in paragraph (1) 
    shall not apply with respect to funds managed or controlled by the 
    Department of Defense that were otherwise provided by another 
    department or agency of the United States Government, the 
    Government of Iraq, the government of a foreign country, a 
    foundation or other charitable organization (including a foundation 
    or charitable organization that is organized or operates under the 
    laws of a foreign country), or any source in the private sector of 
    the United States or a foreign country.
        ``(3) Waiver.--The Secretary of Defense may waive the 
    prohibition contained in paragraph (1) if the Secretary of 
    Defense--
            ``(A) determines that such a waiver is required to meet 
        urgent humanitarian relief and reconstruction requirements that 
        will immediately assist the Iraqi people; and
            ``(B) submits in writing, within 15 days of issuing such 
        waiver, to the congressional defense committees a notification 
        of the waiver, together with a discussion of--
                ``(i) the unmet and urgent needs to be addressed by the 
            project; and
                ``(ii) any arrangements between the Government of the 
            United States and the Government of Iraq regarding the 
            provision of Iraqi funds for carrying out and sustaining 
            the project .''.
    (d) Certification on Certain Projects Under the Commanders' 
Emergency Response Program in Iraq.--Such section, as so amended, is 
further amended--
        (1) by redesignating subsection (f), as redesignated by 
    subsection (c) of this section, as subsection (g); and
        (2) by inserting after subsection (e), as added by subsection 
    (c) of this section, the following new subsection:
    ``(f) Certification on Certain Projects Under the Commanders' 
Emergency Response Program in Iraq.--
        ``(1) Certification.--Funds made available under this section 
    for the Commanders' Emergency Response Program in Iraq may not be 
    obligated or expended to carry out any project commenced after the 
    date of the enactment of the Duncan Hunter National Defense 
    Authorization Act for Fiscal Year 2009 if the total amount of such 
    funds made available for the purpose of carrying out the project 
    exceeds $1,000,000 unless the Secretary of Defense certifies that 
    the project addresses urgent humanitarian relief and reconstruction 
    requirements that will immediately assist the Iraqi people.
        ``(2) Delegation.--The Secretary may delegate the authority 
    under paragraph (1) to the Deputy Secretary of Defense.''.
    (e) Sense of Congress.--It is the sense of Congress that the 
Government of Iraq should assume increasing responsibility for funding 
and carrying out projects currently funded by the United States through 
the Commanders' Emergency Response Program, and should assume all costs 
associated with the Sons of Iraq program as expeditiously as possible.
SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED STATES-LED 
PROVINCIAL RECONSTRUCTION TEAMS IN AFGHANISTAN.
    (a) In General.--The President, acting through the Secretary of 
Defense and the Secretary of State, shall develop and implement a 
system to monitor the performance of United States-led Provincial 
Reconstruction Teams (PRTs) in Afghanistan.
    (b) Elements of Performance Monitoring System.--The performance 
monitoring system required under subsection (a) shall include--
        (1) PRT-specific work plans that incorporate the long-term 
    strategy, mission, and clearly defined objectives required by 
    section 1230(c)(3) of the National Defense Authorization Act for 
    Fiscal Year 2008 (Public Law 110-181; 122 Stat. 386), and include 
    plans for developing the capacity of national, provincial, and 
    local government and other civil institutions in Afghanistan to 
    assume increasing responsibility for the formulation, 
    implementation, and oversight of reconstruction and development 
    activities; and
        (2) comprehensive performance indicators and measures of 
    progress toward sustainable long-term security and stability in 
    Afghanistan, and include performance standards and progress goals 
    together with a notional timetable for achieving such goals, 
    consistent with the requirements of section 1230(d) of the National 
    Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
    122 Stat. 388).
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the President shall submit to the appropriate 
congressional committees a report on the implementation of the 
performance monitoring system required under subsection (a).
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Committee on Armed Services, the Committee on 
    Appropriations, and the Committee on Foreign Affairs of the House 
    of Representatives; and
        (2) the Committee on Armed Services, the Committee on 
    Appropriations, and the Committee on Foreign Relations of the 
    Senate.
SEC. 1216. REPORT ON COMMAND AND CONTROL STRUCTURE FOR MILITARY FORCES 
OPERATING IN AFGHANISTAN.
    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, or December 1, 2008, whichever occurs later, the 
Secretary of Defense shall submit to the appropriate congressional 
committees a report on the command and control structure for military 
forces operating in Afghanistan.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include the following:
        (1) A detailed description of efforts by the Secretary of 
    Defense, in coordination with senior leaders of NATO ISAF forces, 
    including the commander of NATO ISAF forces, to modify the chain of 
    command structure for military forces operating in Afghanistan to 
    better coordinate and de-conflict military operations and achieve 
    unity of command whenever possible in Afghanistan, and the results 
    of such efforts, including--
            (A) any United States or NATO ISAF plan for improving the 
        command and control structure for military forces operating in 
        Afghanistan; and
            (B) any efforts to establish a headquarters in Afghanistan 
        that is led by a commander--
                (i) with command authority over NATO ISAF forces and 
            separate United States forces operating under Operation 
            Enduring Freedom and charged with closely coordinating the 
            efforts of such forces; and
                (ii) responsible for coordinating other United States 
            and international security efforts in Afghanistan.
        (2) A description of how rules of engagement are determined and 
    managed for United States forces operating under NATO ISAF or 
    Operation Enduring Freedom, and a description of any key 
    differences between rules of engagement for NATO ISAF forces and 
    separate United States forces operating under Operation Enduring 
    Freedom.
        (3) An assessment of how any modifications to the command and 
    control structure for military forces operating in Afghanistan 
    would impact coordination of military and civilian efforts in 
    Afghanistan.
    (c) Update of Report.--The Secretary of Defense shall submit to the 
appropriate congressional committees an update of the report required 
under subsection (a) as warranted by any modifications to the command 
and control structure for military forces operating in Afghanistan as 
described in the report.
    (d) Form.--The report required under subsection (a) and any update 
of the report required under subsection (c) shall be submitted in an 
unclassified form, but may include a classified annex, if necessary.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Committee on Armed Services and the Committee on 
    Foreign Affairs of the House of Representatives; and
        (2) the Committee on Armed Services and the Committee on 
    Foreign Relations of the Senate.
SEC. 1217. REPORTS ON ENHANCING SECURITY AND STABILITY IN THE REGION 
ALONG THE BORDER OF AFGHANISTAN AND PAKISTAN.
    (a) Additional Reports Required.--Subsection (a) of section 1232 of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 392) is amended--
        (1) in the heading of paragraph (1), by striking ``In general'' 
    and inserting ``Initial report'';
        (2) by striking paragraph (4);
        (3) by redesignating paragraph (3) as paragraph (4); and
        (4) by inserting after paragraph (2) the following new 
    paragraph:
        ``(3) Subsequent reports.--Concurrent with the submission of 
    each report submitted under section 1230 after the date of the 
    enactment of the Duncan Hunter National Defense Authorization Act 
    for Fiscal Year 2009, the Secretary of Defense, in consultation 
    with the Secretary of State, shall submit to the appropriate 
    congressional committees, a report on enhancing security and 
    stability in the region along the border of Afghanistan and 
    Pakistan. Each such report shall include the following:
            ``(A) A description of the matters required to be included 
        in the initial report required under paragraph (1).
            ``(B) A description of any peace agreements between the 
        Government of Pakistan and tribal leaders from regions along 
        the Afghanistan-Pakistan border that contain commitments to 
        prevent cross-border incursions into Afghanistan and any 
        mechanisms in such agreements to enforce such commitments.
            ``(C) An assessment of the effectiveness of such peace 
        agreements in preventing cross-border incursions and of the 
        Government of Pakistan in enforcing those agreements.''.
    (b) Copy of Notification Relating to Department of Defense 
Coalition Support Funds for Pakistan.--Subsection (b)(1) of such 
section is amended by adding at the end the following new subparagraph:
            ``(C) Copy of notification.--The Secretary of Defense shall 
        submit to the Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate a copy of each notification required under subparagraph 
        (A).''.
    (c) Additional Information on Department of Defense Coalition 
Support Funds for Pakistan.--Subsection (b) of such section is 
amended--
        (1) by redesignating paragraph (5) as paragraph (6); and
        (2) by inserting after paragraph (4) the following new 
    paragraph:
        ``(5) Requirement to submit information relating to claims 
    disallowed or deferred by the united states.--
            ``(A) In general.--The Secretary of Defense shall submit, 
        in the manner specified in subparagraph (B), an itemized 
        description of the costs claimed by the Government of Pakistan 
        for logistical, military, or other support provided by Pakistan 
        to the United States for which the United States will disallow 
        or defer reimbursement to the Government of Pakistan under the 
        authority of any provision of law described in paragraph 
        (1)(B).
            ``(B) Manner of submission.--
                ``(i) In general.--To the maximum extent practicable, 
            the Secretary shall submit each itemized description of 
            costs required under subparagraph (A) as part of the 
            notification required under paragraph (1).
                ``(ii) Alternative submission.--To the extent that an 
            itemized description of costs required under subparagraph 
            (A) is not submitted in accordance with clause (i), the 
            Secretary shall submit such description not later than 180 
            days after the date on which a decision to disallow or 
            defer reimbursement for the costs claimed is made.
            ``(C) Form.--Each itemized description of costs required 
        under subparagraph (B) shall be submitted in an unclassified 
        form, but may include a classified annex, if necessary.''.
    (d) Extension of Notification Requirement Relating to Department of 
Defense Coalition Support Funds for Pakistan.--Subsection (b)(6) of 
such section, as redesignated by subsection (c) of this section, is 
amended by striking ``September 30, 2009'' and inserting ``September 
30, 2010''.
    (e) Report Relating to Department of Defense Coalition Support 
Funds for Pakistan.--Such section is further amended by adding at the 
end the following new subsection:
    ``(c) Report Relating to Department of Defense Coalition Support 
Funds for Pakistan.--
        ``(1) Report required.--Not later than 180 days after the date 
    of the enactment of the Duncan Hunter National Defense 
    Authorization Act for Fiscal Year 2009, the Secretary of Defense 
    shall submit to the appropriate congressional committees a report 
    that contains a detailed description of efforts by the Secretary of 
    Defense to address the findings and implement the recommendations 
    made by the Government Accountability Office in its report entitled 
    `Combating Terrorism: Increased Oversight and Accountability Needed 
    Over Pakistan Reimbursement Claims for Coalition Support Funds' 
    (GAO-08-806; June 24, 2008).
        ``(2) Appropriate congressional committee defined.--In this 
    subsection, the term `appropriate congressional committees' has the 
    meaning given the term in subsection (a)(5).''.
SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO TRAIN, 
ASSIST, AND ADVISE UNITS OF THE IRAQI POLICE SERVICE.
    (a) Study and Report.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense, in consultation 
with the Secretary of State and the Government of Iraq, shall conduct a 
study and submit to the appropriate congressional committees a report 
containing the recommendations of the Secretary of Defense on--
        (1) the number of personnel required for Police Transition 
    Teams to train, assist, and advise units of the Iraqi Police 
    Service in fiscal year 2009 and in fiscal year 2010;
        (2) the funding required to support the level of personnel 
    described in paragraph (1) in fiscal year 2009 and in fiscal year 
    2010; and
        (3) the feasibility of transferring responsibility for the 
    provision of the personnel described in paragraph (1) and the 
    support described in paragraph (2) from the Department of Defense 
    to the Department of State.
    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex if 
required.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Committee on Armed Services and the Committee on 
    Foreign Affairs of the House of Representatives; and
        (2) the Committee on Armed Services and the Committee on 
    Foreign Relations of the Senate.

                       Subtitle C--Other Matters

SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL COOPERATION 
PROGRAMS.
    (a) Expansion of Authority for Bilateral and Regional Programs to 
Cover Multilateral Programs.--Section 1051 of title 10, United States 
Code, is amended--
        (1) in subsection (a), by striking ``a bilateral'' and 
    inserting ``a multilateral, bilateral,''; and
        (2) in subsection (b)--
            (A) in paragraph (1)--
                (i) by striking ``to and'' and inserting ``to, from, 
            and''; and
                (ii) by striking ``bilateral'' and inserting 
            ``multilateral, bilateral,''; and
            (B) in paragraph (2), by striking ``bilateral'' and 
        inserting ``multilateral, bilateral,''.
    (b) Availability of Funds for Programs and Activities Across Fiscal 
Years.--
        (1) In general.--Such section is further amended by adding at 
    the end the following new subsection:
    ``(e) Funds available to carry out this section shall be available, 
to the extent provided in appropriations Acts, for programs and 
activities under this section that begin in a fiscal year and end in 
the following fiscal year.''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    take effect on October 1, 2008, and shall apply with respect to 
    programs and activities under section 1051 of title 10, United 
    States Code, as so amended, that begin on or after that date.
    (c) Conforming and Clerical Amendments.--
        (1) Heading amendment.--The heading of such section is amended 
    to read as follows:
``Sec. 1051. Multilateral, bilateral, or regional cooperation programs: 
    payment of personnel expenses''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 53 of such title is amended by striking the item 
    relating to section 1051 and inserting the following new item:

``1051. Multilateral, bilateral, or regional cooperation programs: 
          payment of personnel expenses.''.
SEC. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN MULTINATIONAL 
MILITARY CENTERS OF EXCELLENCE.
    (a) Participation Authorized.--
        (1) In general.--Subchapter II of chapter 138 of title 10, 
    United States Code, is amended by adding at the end the following 
    new section:
``Sec. 2350m. Participation in multinational military centers of 
     excellence
    ``(a) Participation Authorized.--The Secretary of Defense may, with 
the concurrence of the Secretary of State, authorize the participation 
of members of the armed forces and Department of Defense civilian 
personnel in any multinational military center of excellence for 
purposes of--
        ``(1) enhancing the ability of military forces and civilian 
    personnel of the nations participating in such center to engage in 
    joint exercises or coalition or international military operations; 
    or
        ``(2) improving interoperability between the armed forces and 
    the military forces of friendly foreign nations.
    ``(b) Memorandum of Understanding.--(1) The participation of 
members of the armed forces or Department of Defense civilian personnel 
in a multinational military center of excellence under subsection (a) 
shall be in accordance with the terms of one or more memoranda of 
understanding entered into by the Secretary of Defense, with the 
concurrence of the Secretary of State, and the foreign nation or 
nations concerned.
    ``(2) If Department of Defense facilities, equipment, or funds are 
used to support a multinational military center of excellence under 
subsection (a), the memoranda of understanding under paragraph (1) with 
respect to that center shall provide details of any cost-sharing 
arrangement or other funding arrangement.
    ``(c) Availability of Appropriated Funds.--(1) Funds appropriated 
to the Department of Defense for operation and maintenance are 
available as follows:
        ``(A) To pay the United States share of the operating expenses 
    of any multinational military center of excellence in which the 
    United States participates under this section.
        ``(B) To pay the costs of the participation of members of the 
    armed forces and Department of Defense civilian personnel in 
    multinational military centers of excellence under this section, 
    including the costs of expenses of such participants.
    ``(2) No funds may be used under this section to fund the pay or 
salaries of members of the armed forces and Department of Defense 
civilian personnel who participate in multinational military centers of 
excellence under this section.
    ``(d) Use of Department of Defense Facilities and Equipment.--
Facilities and equipment of the Department of Defense may be used for 
purposes of the support of multinational military centers of excellence 
under this section that are hosted by the Department.
    ``(e) Annual Reports on Use of Authority.--(1) Not later than 
October 31, 2009, and annually thereafter, the Secretary of Defense 
shall submit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives a report on 
the use of the authority in this section during the preceding fiscal 
year.
    ``(2) Each report required by paragraph (1) shall include, for the 
fiscal year covered by such report, the following:
        ``(A) A detailed description of the participation of the 
    Department of Defense, and of members of the armed forces and 
    civilian personnel of the Department, in multinational military 
    centers of excellence under the authority of this section.
        ``(B) For each multinational military center of excellence in 
    which the Department of Defense, or members of the armed forces or 
    civilian personnel of the Department, so participated--
            ``(i) a description of such multinational military center 
        of excellence;
            ``(ii) a description of the activities participated in by 
        the Department, or by members of the armed forces or civilian 
        personnel of the Department; and
            ``(iii) a statement of the costs of the Department for such 
        participation, including--
                ``(I) a statement of the United States share of the 
            expenses of such center and a statement of the percentage 
            of the United States share of the expenses of such center 
            to the total expenses of such center; and
                ``(II) a statement of the amount of such costs 
            (including a separate statement of the amount of costs paid 
            for under the authority of this section by category of 
            costs).
    ``(f) Multinational Military Center of Excellence Defined.--In this 
section, the term `multinational military center of excellence' means 
an entity sponsored by one or more nations that is accredited and 
approved by the Military Committee of the North Atlantic Treaty 
Organization (NATO) as offering recognized expertise and experience to 
personnel participating in the activities of such entity for the 
benefit of NATO by providing such personnel opportunities to--
        ``(1) enhance education and training;
        ``(2) improve interoperability and capabilities;
        ``(3) assist in the development of doctrine; and
        ``(4) validate concepts through experimentation.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of subchapter II of chapter 138 of such title is amended by adding 
    at the end the following new item:

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

    (b) Repeal of Superseded Authority.--Section 1205 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364; 120 Stat. 2416) is repealed.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.
SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY DEFENSE 
CONTRACTORS IN CERTAIN SPACE ACTIVITIES OF THE PEOPLE'S REPUBLIC OF 
CHINA.
    (a) Review Required.--The Secretary of Defense shall conduct a 
review to determine whether there are any security risks associated 
with participation by covered contractors in certain space activities 
of the People's Republic of China.
    (b) Matters to Be Included.--The review required under subsection 
(a) shall include, at a minimum, a review of the following:
        (1) Whether there have been any incidents with respect to which 
    a determination has been made that an improper disclosure of 
    covered information by a covered contractor has occurred during the 
    five-year period ending on the date of the enactment of this Act.
        (2) The increase, if any, in the number of covered contractors 
    expected to occur during the 5-year period beginning on the date of 
    the enactment of this Act.
        (3) The extent to which the policies and procedures of the 
    Department of Defense are sufficient to protect against the 
    improper disclosure of covered information by a covered contractor 
    during the 5-year period beginning on the date of the enactment of 
    this Act.
        (4) The Secretary's conclusions regarding awards of contracts 
    by the Department of Defense to covered contractors after the date 
    of the enactment of this Act.
        (5) Any other matters that the Secretary determines to be 
    appropriate to include in the review.
    (c) Cooperation From Other Departments and Agencies.--The Secretary 
of State, the Director of National Intelligence, and the head of any 
other United States Government department or agency shall cooperate in 
a complete and timely manner to provide the Secretary of Defense with 
data and other information necessary for the Secretary of Defense to 
carry out the review required under subsection (a).
    (d) Report.--
        (1) In general.--Not later than March 1, 2009, the Secretary of 
    Defense shall submit to the congressional defense committees a 
    report on the review required under subsection (a).
        (2) Form.--The report required under this subsection shall 
    include a summary in unclassified form to the maximum extent 
    practicable.
    (e) Definitions.--In this section:
        (1) Certain space activities of the people's republic of 
    china.--The term ``certain space activities of the People's 
    Republic of China'' means--
            (A) the development or manufacture of satellites for launch 
        from the People's Republic of China; and
            (B) the launch of satellites from the People's Republic of 
        China.
        (2) Covered contractor.--The term ``covered contractor'' means 
    a contractor of the Department of Defense, and any subcontractor 
    (at any tier) of the contractor, that--
            (A) has access to covered information; and
            (B) participates, or is part of a joint venture that 
        participates, or whose parent, sister, subsidiary, or affiliate 
        company participates, in certain space activities in the 
        People's Republic of China.
        (3) Covered information.--The term ``covered information'' 
    means classified information and sensitive controlled unclassified 
    information obtained under contracts (or subcontracts of such 
    contracts) of the Department of Defense.
SEC. 1234. REPORT ON IRAN'S CAPABILITY TO PRODUCE NUCLEAR WEAPONS.
    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter, the Director of 
National Intelligence shall submit to Congress a report on Iran's 
capability to produce nuclear weapons. The report required under this 
subsection may be submitted in classified form.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include the following:
        (1) The locations, types, and number of centrifuges and other 
    specialized equipment necessary for the enrichment of uranium and 
    any plans to acquire, manufacture, and operate such equipment in 
    the future.
        (2) An estimate of the amount, if any, of highly enriched 
    uranium and weapons grade plutonium acquired or produced to date, 
    an estimate of the amount of weapons grade plutonium that is likely 
    to be produced or acquired in the near- and midterms and the amount 
    of highly enriched uranium that is likely to be produced or 
    acquired in the near- and midterms, and the number of nuclear 
    weapons that could be produced with such materials.
        (3) A evaluation of the extent to which security and safeguards 
    at any nuclear site prevent, slow, verify, or help monitor the 
    enrichment of uranium or the reprocessing of plutonium into 
    weapons-grade materials.
        (4) A description of any weaponization activities, such as the 
    research, design, development, or testing of nuclear weapons or 
    weapons-related components.
        (5) A description of any programs to construct, acquire, test, 
    or improve methods to deliver nuclear weapons, including an 
    assessment of the likely progress of such programs in the near- and 
    mid-terms.
        (6) A summary of assessments made by allies of the United 
    States of Iran's nuclear weapons program and nuclear-capable 
    delivery systems programs.
    (c) Notification.--The President shall notify Congress, in writing, 
within 15 days of determining that--
        (1) Iran has resumed a nuclear weapons program;
        (2) Iran has met or surpassed any major milestone in its 
    nuclear weapons program; or
        (3) Iran has undertaken to accelerate, decelerate, or cease the 
    development of any significant element within its nuclear weapons 
    program.
SEC. 1235. EMPLOYMENT FOR RESETTLED IRAQIS.
    (a) In General.--The Secretary of Defense and the Secretary of 
State are authorized to jointly establish and operate a temporary 
program to offer employment as translators, interpreters, or cultural 
awareness instructors to individuals described in subsection (b). 
Individuals described in such subsection may be appointed to temporary 
positions of one year or less outside Iraq with either the Department 
of Defense or the Department of State, without competition and without 
regard for the provisions of chapter 51 and subchapter III of chapter 
53 of title 5, United States Code. Such individuals may also be hired 
as personal services contractors by either of such Departments to 
provide translation, interpreting, or cultural awareness instruction, 
except that such individuals so hired shall not by virtue of such 
employment be considered employees of the United States Government, 
except for purposes of chapter 81 of title 5, United States Code, and 
chapter 171 of title 28, United States Code.
    (b) Eligibility.--Individuals referred to in subsection (a) are 
Iraqi nationals who--
        (1) have received a special immigrant visa issued pursuant to 
    section 1059 of the National Defense Authorization Act for Fiscal 
    Year 2006 (Public Law 109-163) or section 1244 of the National 
    Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
    181); and
        (2) are lawfully present in the United States.
    (c) Funding.--
        (1) In general.--Except as provided in paragraph (2), the 
    program established under subsection (a) shall be funded from the 
    annual general operating budget of the Department of Defense.
        (2) Exception.--The Secretary of State shall reimburse the 
    Department of Defense for any costs associated with individuals 
    described in subsection (b) whose work is for or on behalf of the 
    Department of State.
    (d) Rule of Construction Regarding Access to Classified 
Information.--Nothing in this section may be construed as affecting in 
any manner practices and procedures regarding the handling of or access 
to classified information.
    (e) Information Sharing.--The Secretary of Defense and the 
Secretary of State shall work with the Secretary of Homeland Security 
and the Office of Refugee Resettlement of the Department of Health and 
Human Services to ensure that individuals described in subsection (b) 
are informed of the program established under subsection (a).
    (f) Regulation.--The Secretary of Defense, jointly with the 
Secretary of State and with the concurrence of the Director of the 
Office of Personnel Management, shall prescribe such regulations as are 
necessary to carry out the program established under subsection (a), 
including ensuring the suitability for employment described in 
subsection (a) of individuals described in subsection (b), determining 
the number of positions, and establishing pay scales and hiring 
procedures.
    (g) Termination.--
        (1) In general.--Except as provided in paragraph (2), the 
    program established under subsection (a) shall terminate on 
    December 31, 2014.
        (2) Earlier termination.--If the Secretary of Defense, jointly 
    with the Secretary of State, determines that the program 
    established under subsection (a) should terminate before the date 
    specified in paragraph (1), the Secretaries may terminate the 
    program if the Secretaries notify Congress in writing of such 
    termination at least 180 days before such termination.
SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON CLAIMS 
RELATING TO THE BOMBING OF THE LABELLE DISCOTHEQUE.
    Section 1225(b) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465), as amended by 
section 1261(1)(B) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 405), is further amended--
        (1) in paragraph (2)--
            (A) by striking ``Not later than one year after enactment 
        of this Act, and not later than two years after enactment of 
        this Act'' and inserting ``Not later than 90 days after the 
        date of the enactment of the Duncan Hunter National Defense 
        Authorization Act for Fiscal Year 2009, and every 180 days 
        thereafter''; and
            (B) by adding at the end the following new sentence: ``Each 
        update under this paragraph after the date of the enactment of 
        the Duncan Hunter National Defense Authorization Act for Fiscal 
        Year 2009 shall be submitted in unclassified form, but may 
        include a classified annex.''; and
        (2) by adding at the end the following new paragraph:
        ``(3) Termination.--The requirement to submit updates under 
    paragraph (2) shall terminate upon submission by the Secretary of 
    State to Congress of the certification described in section 5(a)(2) 
    of the Libya Claims Resolution Act (Public Law 110-301; 122 Stat. 
    3000).''.
SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL PARTNERSHIP 
AUTHORITIES.
    (a) In General.--Not later than December 31, 2010, the Secretary of 
Defense and the Secretary of State shall jointly submit to the 
appropriate committees of Congress a report on the implementation of 
the Building Global Partnership authorities during the period beginning 
on the date of the enactment of this Act and ending on September 30, 
2010.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
        (1) A detailed summary of the programs conducted under the 
    Building Global Partnership authorities during the period covered 
    by the report, including, for each country receiving assistance 
    under such a program, a description of the assistance provided and 
    its cost.
        (2) An assessment of the impact of the assistance provided 
    under the Building Global Partnership authorities with respect to 
    each country receiving assistance under such authorities.
        (3) A description of--
            (A) the processes used by the Department of Defense and the 
        Department of State to jointly formulate, prioritize, and 
        select projects to be funded under the Building Global 
        Partnership authorities; and
            (B) the processes, if any, used by the Department of 
        Defense and the Department of State to evaluate the success of 
        each project so funded after its completion.
        (4) A statement of the projects initiated under the Building 
    Global Partnership authorities that were subsequently transitioned 
    to and sustained under the authorities of the Foreign Assistance 
    Act of 1961 or other authorities.
        (5) An assessment of the utility of the Building Global 
    Partnership authorities, and of any gaps in such authorities, 
    including an assessment of the feasability and advisability of 
    continuing such authorities beyond their current dates of 
    expiration (whether in their current form or with such 
    modifications as the Secretary of Defense and the Secretary of 
    State jointly consider appropriate).
    (c) Definitions.--In this section:
        (1) Appropriate committees of congress.--The term ``appropriate 
    committees of Congress'' means--
            (A) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate; and
            (B) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives.
        (2) Building global partnership authorities.--The term 
    ``Building Global Partnership authorities'' means the following:
            (A) Authority for building capacity of foreign military 
        forces.--The authorities provided in section 1206 of the 
        National Defense Authorization Act for Fiscal Year 2006 (Public 
        Law 109-163; 119 Stat. 3456), as amended by section 1206 of the 
        John Warner National Defense Authorization Act for Fiscal Year 
        2007 (Public Law 109-364; 120 Stat. 2418) and section 1206 of 
        this Act.
            (B) Authority for security and stabilization assistance.--
        The authorities provided in section 1207 of the National 
        Defense Authorization Act for Fiscal Year 2006 (119 Stat. 
        3458), as amended by section 1210 of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
        Stat. 369) and section 1207 of this Act.
            (C) Civic assistance authorities under combatant commander 
        initiative fund.--The authority to engage in urgent and 
        unanticipated civic assistance under the Combatant Commander 
        Initiative Fund under section 166a(b)(6) of title 10, United 
        States Code, as a result of the amendments made by section 902 
        of the John Warner National Defense Authorization Act for 
        Fiscal Year 2007 (120 Stat. 2351).
SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT CERTAIN 
ANNUAL REPORTS TO CONGRESS REGARDING ALLIED CONTRIBUTIONS TO THE COMMON 
DEFENSE.
    (a) Modification of Certain Reports on Allied Contributions to the 
Common Defense.--Section 1003 of the Department of Defense 
Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2576) is amended--
        (1) by striking subsections (c) and (d); and
        (2) adding at the end the following new subsections:
    ``(c) The Secretary of Defense shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
House of Representatives each year, not later than March 1, a report 
containing a description of--
        ``(1) annual defense spending by each member nation of NATO, by 
    each member nation of the Euro-Atlantic Partnership Council (EAPC), 
    and by Japan, including available nominal budget figures and 
    defense spending as a percentage of the respective nation's gross 
    domestic product for the fiscal year immediately preceding the 
    fiscal year in which the report is submitted;
        ``(2) activities of each NATO member nation, each EAPC member 
    nation, and Japan to contribute to military or stability operations 
    in which the United States Armed Forces are a participant;
        ``(3) any limitations that such nations place on the use of 
    their national contributions described in paragraph (2); and
        ``(4) any actions undertaken by the United States Government to 
    minimize those limitations described in paragraph (3).
    ``(d) The report required under subsection (c) shall be submitted 
in unclassified form, but may include a classified annex.''
    (b) Repeal of Report on Cost-Sharing.--Section 1313 of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
Stat. 2894) is amended--
        (1) by striking subsection (c); and
        (2) by redesignating subsection (d) as subsections (c).

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
          funds.
Sec. 1302. Funding allocations.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND 
FUNDS.
    (a) Specification of Cooperative Threat Reduction Programs.--For 
purposes of section 301 and other provisions of this Act, Cooperative 
Threat Reduction programs are the programs specified in section 1501 of 
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 
2362 note).
    (b) Fiscal Year 2009 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2009 Cooperative Threat 
Reduction funds'' means the funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs shall be available for obligation for fiscal years 
2009, 2010, and 2011.
SEC. 1302. FUNDING ALLOCATIONS.
    (a) Funding for Specific Purposes.--Of the $434,135,000 authorized 
to be appropriated to the Department of Defense for fiscal year 2009 in 
section 301(19) for Cooperative Threat Reduction programs, the 
following amounts may be obligated for the purposes specified:
        (1) For strategic offensive arms elimination in Russia, 
    $79,985,000.
        (2) For strategic nuclear arms elimination in Ukraine, 
    $6,400,000.
        (3) For nuclear weapons storage security in Russia, 
    $24,101,000.
        (4) For nuclear weapons transportation security in Russia, 
    $40,800,000.
        (5) For weapons of mass destruction proliferation prevention in 
    the states of the former Soviet Union, $59,286,000.
        (6) For biological threat reduction in the former Soviet Union, 
    $184,463,000.
        (7) For chemical weapons destruction, $1,000,000.
        (8) For defense and military contacts, $8,000,000.
        (9) For new Cooperative Threat Reduction initiatives, 
    $10,000,000.
        (10) For activities designated as Other Assessments/
    Administrative Costs, $20,100,000.
    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2009 Cooperative Threat Reduction funds may 
be obligated or expended for a purpose other than a purpose listed in 
paragraphs (1) through (10) of subsection (a) until 15 days after the 
date that the Secretary of Defense submits to Congress a report on the 
purpose for which the funds will be obligated or expended and the 
amount of funds to be obligated or expended. Nothing in the preceding 
sentence shall be construed as authorizing the obligation or 
expenditure of fiscal year 2009 Cooperative Threat Reduction funds for 
a purpose for which the obligation or expenditure of such funds is 
specifically prohibited under this title or any other provision of law.
    (c) Limited Authority to Vary Individual Amounts.--
        (1) In general.--Subject to paragraph (2), in any case in which 
    the Secretary of Defense determines that it is necessary to do so 
    in the national interest, the Secretary may obligate amounts 
    appropriated for fiscal year 2009 for a purpose listed in 
    paragraphs (1) through (10) of subsection (a) in excess of the 
    specific amount authorized for that purpose.
        (2) Notice-and-wait required.--An obligation of funds for a 
    purpose stated in paragraphs (1) through (10) of subsection (a) in 
    excess of the specific amount authorized for such purpose may be 
    made using the authority provided in paragraph (1) only after--
            (A) the Secretary submits to Congress notification of the 
        intent to do so together with a complete discussion of the 
        justification for doing so; and
            (B) 15 days have elapsed following the date of the 
        notification.

                    TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

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

                     Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.
    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:
        (1) For the Defense Working Capital Funds, $198,150,000.
        (2) For the Defense Working Capital Fund, Defense Commissary, 
    $1,291,084,000.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the National Defense Sealift Fund in the amount of $1,608,572,000.
SEC. 1403. DEFENSE HEALTH PROGRAM.
    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for the Department of Defense for fiscal year 2009 
for expenses, not otherwise provided for, for the Defense Health 
Program, in the amount of $24,966,917,000, of which--
        (1) $24,467,074,000 is for Operation and Maintenance;
        (2) $195,938,000 is for Research, Development, Test, and 
    Evaluation; and
        (3) $303,905,000 is for Procurement.
    (b) Source of Certain Funds.--Of the amount available under 
subsection (a), $1,300,000,000 shall, to the extent provided in advance 
in an Act making appropriations for fiscal year 2009, be available by 
transfer from the National Defense Stockpile Transaction Fund 
established under subsection (a) of section 9 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98h).
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for the Department of Defense for fiscal year 2009 
for expenses, not otherwise provided for, for Chemical Agents and 
Munitions Destruction, Defense, in the amount of $1,485,634,000, of 
which--
        (1) $1,152,668,000 is for Operation and Maintenance;
        (2) $268,881,000 is for Research, Development, Test, and 
    Evaluation; and
        (3) $64,085,000 is for Procurement.
    (b) Use.--Amounts authorized to be appropriated under subsection 
(a) are authorized for--
        (1) the destruction of lethal chemical agents and munitions in 
    accordance with section 1412 of the Department of Defense 
    Authorization Act, 1986 (50 U.S.C. 1521); and
        (2) the destruction of chemical warfare materiel of the United 
    States that is not covered by section 1412 of such Act.
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2009 for expenses, not otherwise provided 
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, 
in the amount of $1,060,463,000.
SEC. 1406. DEFENSE INSPECTOR GENERAL.
    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2009 for expenses, not otherwise provided 
for, for the Office of the Inspector General of the Department of 
Defense, in the amount of $273,845,000, of which--
        (1) $270,445,000 is for Operation and Maintenance; and
        (2) $3,400,000 is for Procurement.
SEC. 1407. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.
    Section 2218 of title 10, United States Code, is amended--
        (1) by striking subsection (j) and redesignating subsections 
    (k) and (l) as subsections (j) and (k), respectively; and
        (2) in paragraph (2) of subsection (k) (as so redesignated), by 
    striking subparagraphs (B) thru (I) and inserting the following new 
    subparagraph (B):
        ``(B) Any other auxiliary vessel that was procured or chartered 
    with specific authorization in law for the vessel, or class of 
    vessels, to be funded in the National Defense Sealift Fund.''.

                 Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
    (a) Obligation of Stockpile Funds.--During fiscal year 2009, the 
National Defense Stockpile Manager may obligate up to $41,153,000 of 
the funds in the National Defense Stockpile Transaction Fund 
established under subsection (a) of section 9 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized 
uses of such funds under subsection (b)(2) of such section, including 
the disposal of hazardous materials that are environmentally sensitive.
    (b) Additional Obligations.--The National Defense Stockpile Manager 
may obligate amounts in excess of the amount specified in subsection 
(a) if the National Defense Stockpile Manager notifies Congress that 
extraordinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may make the 
additional obligations described in the notification after the end of 
the 45-day period beginning on the date on which Congress receives the 
notification.
    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM THE 
NATIONAL DEFENSE STOCKPILE.
    (a) Fiscal Year 1999 Disposal Authority.--Section 3303(a)(7) of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 50 U.S.C. 98d note), as most recently amended by 
section 1412(b) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 418), is further amended by 
striking ``$1,066,000,000 by the end of fiscal year 2015'' and 
inserting ``$1,386,000,000 by the end of fiscal year 2016''.
    (b) Fiscal Year 1998 Disposal Authority.--Section 3305(a)(5) of the 
National Defense Authorization Act for Fiscal Year 1998 (Public Law 
105-85; 50 U.S.C. 98d note), as most recently amended by section 
3302(b) of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2513), is further 
amended by striking ``2008'' and inserting ``2009''.

                Subtitle C--Armed Forces Retirement Home

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT 
HOME.
    There is authorized to be appropriated for fiscal year 2009 from 
the Armed Forces Retirement Home Trust Fund the sum of $63,010,000 for 
the operation of the Armed Forces Retirement Home.

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

Sec. 1501. Authorization of additional appropriations for operations in 
          Afghanistan and Iraq for fiscal year 2009.
Sec. 1502. Requirement for separate display of budgets for Afghanistan 
          and Iraq.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Science and technology investment strategy to defeat or 
          counter improvised explosive devices.
Sec. 1505. Limitations on Iraq Security Forces Fund.
Sec. 1506. Limitations on Afghanistan Security Forces Fund.
Sec. 1507. Special transfer authority.
Sec. 1508. Prohibition on use of United States funds for certain 
          facilities projects in Iraq and contributions by the 
          Government of Iraq to combined operations and other activities 
          in Iraq.
SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN 
AFGHANISTAN AND IRAQ FOR FISCAL YEAR 2009.
    (a) Authorization of Previously Appropriated Amounts.--In addition 
to the amounts otherwise authorized to be appropriated by division A of 
this Act, the amounts appropriated for fiscal year 2009 in chapter 2 of 
title IX of the Supplemental Appropriations Act, 2008 (Public Law 110-
252; 122 Stat. 2405-2414) are hereby authorized to be appropriated.
    (b) Additional Authorization.--In addition to the amounts otherwise 
authorized to be appropriated by division A of this Act and subsection 
(a), funds in the amount of $2,076,000,000 are hereby authorized to be 
appropriated for aircraft procurement, Air Force, for the purpose of 
acquiring six C-17 aircraft.
SEC. 1502. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGETS FOR AFGHANISTAN 
AND IRAQ.
    (a) Operations in Iraq and Afghanistan.--In any annual or 
supplemental budget request for the Department of Defense that is 
submitted to Congress after the date of the enactment of this Act, the 
Secretary of Defense shall set forth separately any funding requested 
in such budget request for--
        (1) operations of the Department of Defense in Afghanistan; and
        (2) operations of the Department of Defense in Iraq.
    (b) Specificity of Display.--Each budget request covered by 
subsection (a) shall, for any funding requested for operations in Iraq 
or Afghanistan--
        (1) clearly display the amount of such funding at the 
    appropriation account level and at the program, project, or 
    activity level; and
        (2) include a detailed description of the assumptions 
    underlying the funding for the period covered by the budget 
    request, including the anticipated troop levels, the operations 
    intended to be carried out, and the equipment reset requirements 
    necessary to support such operations.
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
    (a) Use and Transfer of Funds.--Subsections (b) and (c) of section 
1514 of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by 
subsection (b), shall apply to the funds appropriated pursuant to the 
authorization of appropriations in section 1501 of this Act and made 
available to the Department of Defense for the Joint Improvised 
Explosive Device Defeat Fund.
    (b) Modification of Funds Transfer Authority.--Section 1514(c)(1) 
of the John Warner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109-364; 120 Stat. 2439) is amended--
        (1) by striking subparagraph (A); and
        (2) by redesignating subparagraphs (B) through (E) as 
    subparagraphs (A) through (D), respectively.
    (c) Prior Notice of Transfer of Funds.--Section 1514(c)(4) of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2439) is amended by inserting after 
``five days'' the following: ``(in the case of the obligation of funds) 
or 15 days (in the case of a transfer of funds)''.
    (d) Monthly Obligations and Expenditure Reports.--Not later than 15 
days after the end of each month of fiscal year 2009, the Secretary of 
Defense shall provide to the congressional defense committees a report 
on the Joint Improvised Explosive Device Defeat Fund explaining monthly 
commitments, obligations, and expenditures by line of action.
    (e) Modification of Submittal Date of Other Reports.--Section 
1514(e) of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2440) is amended by 
striking ``30 days'' and inserting ``60 days''.
SEC. 1504. SCIENCE AND TECHNOLOGY INVESTMENT STRATEGY TO DEFEAT OR 
COUNTER IMPROVISED EXPLOSIVE DEVICES.
    (a) Strategy Required.--The Director of the Joint Improvised 
Explosive Device Defeat Organization (JIEDDO), jointly with the 
Director of Defense Research and Engineering, shall develop a 
comprehensive science and technology investment strategy for countering 
the threat of improvised explosive devices (IEDs).
    (b) Elements.--The strategy developed under subsection (a) shall 
include the following:
        (1) Identification of counter-IED capability gaps.
        (2) A taxonomy describing the major technical areas for the 
    Department of Defense to address the counter-IED capability gaps 
    and in which science and technology funding investments should be 
    made.
        (3) Identification of funded programs to develop or mature 
    technologies from or to the level of system or subsystem model or 
    prototype demonstration in a relevant environment, and investment 
    levels for those initiatives.
        (4) Identification of JIEDDO's mechanisms for coordinating 
    Department of Defense and Federal Government science and technology 
    activities in areas covered by the strategy.
        (5) Identification of technology transition mechanisms 
    developed or utilized to efficiently transition technologies to 
    acquisition programs of the Department of Defense or into 
    operational use, including a summary of counter-IED technologies 
    transitioned from JIEDDO, the military departments, and other 
    Defense Agencies to the acquisition programs or into operational 
    use.
        (6) Identification of high priority basic research efforts that 
    should be addressed through JIEDDO or other Department of Defense 
    activities to support development of next generation IED defeat 
    capabilities.
        (7) Identification of barriers or issues, such as industrial 
    base, workforce, or statutory or regulatory barriers, that could 
    hinder the efficient and effective development and operational use 
    of advanced IED defeat capabilities, and discussion of activities 
    undertaken to address them.
        (8) Identification of the measures of effectiveness for the 
    overall Department of Defense science and technology counter-IED 
    effort.
        (9) Such other matters as the Director of the JIEDDO and the 
    Director of Defense Research and Engineering consider appropriate.
    (c) Report.--Not later than March 1, 2009, and each March 1 
thereafter through March 1, 2013, the Director of the JIEDDO and the 
Director of Defense Research and Engineering shall jointly submit to 
the congressional defense committees a report describing the 
implementation of the strategy developed under subsection (a). The 
report may be in unclassified and classified format, as necessary.
SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND.
    Funds appropriated pursuant to the authorization of appropriations 
in section 1501 of this Act or in the Supplemental Appropriations Act, 
2008 (Public Law 110-252; 122 Stat. 2407) and made available to the 
Department of Defense for the Iraq Security Forces Fund shall be 
subject to the conditions contained in subsections (b) through (g) of 
section 1512 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 426).
SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND.
    Funds appropriated pursuant to the authorization of appropriations 
in section 1501 of this Act or in the Supplemental Appropriations Act, 
2008 (Public Law 110-252; 122 Stat. 2407) and made available to the 
Department of Defense for the Afghanistan Security Forces Fund shall be 
subject to the conditions contained in subsections (b) through (g) of 
section 1513 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 428).
SEC. 1507. SPECIAL TRANSFER AUTHORITY.
    (a) Authority To Transfer Authorizations.--
        (1) Authority.--Upon determination by the Secretary of Defense 
    that such action is necessary in the national interest, the 
    Secretary may transfer amounts of authorizations made available to 
    the Department of Defense in this title for fiscal year 2009 
    between any such authorizations for that fiscal year (or any 
    subdivisions thereof). Amounts of authorizations so transferred 
    shall be merged with and be available for the same purposes as the 
    authorization to which transferred.
        (2) Limitation.--The total amount of authorizations that the 
    Secretary may transfer under the authority of this section may not 
    exceed $4,000,000,000.
    (b) Terms and Conditions.--Transfers under this section shall be 
subject to the same terms and conditions as transfers under section 
1001.
    (c) Additional Authority.--The transfer authority provided by this 
section is in addition to the transfer authority provided under section 
1001.
SEC. 1508. PROHIBITION ON USE OF UNITED STATES FUNDS FOR CERTAIN 
FACILITIES PROJECTS IN IRAQ AND CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ 
TO COMBINED OPERATIONS AND OTHER ACTIVITIES IN IRAQ.
    (a) Prohibition Related to Facilities for Government of Iraq.--
        (1) Prohibition on availability of united states funds for 
    projects.--Except as provided in paragraph (2), amounts authorized 
    to be appropriated by this title may not be obligated or expended 
    for the acquisition, conversion, rehabilitation, or installation of 
    facilities in Iraq for the use of the Government of Iraq, political 
    subdivisions of Iraq, or agencies, departments, or forces of the 
    Government of Iraq or such political subdivisions.
        (2) Exceptions.--
            (A) Exception for cerp.--The prohibition in paragraph (1) 
        does not apply to amounts authorized to be appropriated by this 
        title for the Commanders' Emergency Response Program (CERP).
            (B) Exception for military construction.--The prohibition 
        in paragraph (1) does not apply to military construction (as 
        defined in section 2801 of title 10, United States Code), 
        carried out in Iraq.
            (C) Exception for technical assistance.--The prohibition in 
        paragraph (1) does not apply to the provision of technical 
        assistance necessary to assist the Government of Iraq to carry 
        out facilities projects on its own behalf.
    (b) Combined Operations.--
        (1) Cost sharing.--The United States Government shall initiate 
    negotiations with the Government of Iraq on an agreement under 
    which the Government of Iraq shall share with the United States 
    Government the costs of combined operations of the Government of 
    Iraq and the Multi-National Forces Iraq undertaken as part of 
    Operation Iraqi Freedom.
        (2) Report.--Not later than 90 days after the date of the 
    enactment of this Act, the Secretary of State shall, in conjunction 
    with the Secretary of Defense, submit to Congress a report 
    describing the status of negotiations under paragraph (1).
    (c) Iraqi Security Forces.--
        (1) Use of iraq funds.--The United States Government shall take 
    actions to ensure that Iraq funds are used to pay the costs of the 
    salaries, training, equipping, and sustainment of Iraqi Security 
    Forces.
        (2) Reports.--Not later than 90 days after the date of the 
    enactment of this Act, and every 180 days thereafter, the President 
    shall submit to Congress a report setting forth an assessment of 
    the progress made in meeting the requirements of paragraph (1).

    TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Definitions.
Sec. 1604. Authority to provide assistance for reconstruction and 
          stabilization crises.
Sec. 1605. Reconstruction and stabilization.
Sec. 1606. Authorities related to personnel.
Sec. 1607. Reconstruction and stabilization strategy.
Sec. 1608. Annual reports to Congress.
SEC. 1601. SHORT TITLE.
    This title may be cited as the ``Reconstruction and Stabilization 
Civilian Management Act of 2008''.
SEC. 1602. FINDINGS.
    Congress finds the following:
        (1) In June 2004, the Office of the Coordinator for 
    Reconstruction and Stabilization (referred to as the 
    ``Coordinator'') was established in the Department of State with 
    the mandate to lead, coordinate, and institutionalize United States 
    Government civilian capacity to prevent or prepare for post-
    conflict situations and help reconstruct and stabilize a country or 
    region that is at risk of, in, or is in transition from, conflict 
    or civil strife.
        (2) In December 2005, the Coordinator's mandate was reaffirmed 
    by the National Security Presidential Directive 44, which 
    instructed the Secretary of State, and at the Secretary's 
    direction, the Coordinator, to coordinate and lead integrated 
    United States Government efforts, involving all United States 
    departments and agencies with relevant capabilities, to prepare, 
    plan for, and conduct reconstruction and stabilization operations.
        (3) National Security Presidential Directive 44 assigns to the 
    Secretary, with the Coordinator's assistance, the lead role to 
    develop reconstruction and stabilization strategies, ensure 
    civilian interagency program and policy coordination, coordinate 
    interagency processes to identify countries at risk of instability, 
    provide decision-makers with detailed options for an integrated 
    United States Government response in connection with reconstruction 
    and stabilization operations, and carry out a wide range of other 
    actions, including the development of a civilian surge capacity to 
    meet reconstruction and stabilization emergencies. The Secretary 
    and the Coordinator are also charged with coordinating with the 
    Department of Defense on reconstruction and stabilization 
    responses, and integrating planning and implementing procedures.
        (4) The Department of Defense issued Directive 3000.05, which 
    establishes that stability operations are a core United States 
    military mission that the Department of Defense must be prepared to 
    conduct and support, provides guidance on stability operations that 
    will evolve over time, and assigns responsibilities within the 
    Department of Defense for planning, training, and preparing to 
    conduct and support stability operations.
        (5) The President's Fiscal Year 2009 Budget Request to Congress 
    includes $248.6 million for a Civilian Stabilization Initiative 
    that would vastly improve civilian partnership with United States 
    Armed Forces in post-conflict stabilization situations, including 
    by establishing a Active Response Corps of 250 persons, a Standby 
    Response Corps of 2,000 persons, and a Civilian Response Corps of 
    2,000 persons.
SEC. 1603. DEFINITIONS.
    In this title:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the United States Agency for International 
    Development.
        (2) Agency.--The term ``agency'' means any entity included in 
    chapter 1 of title 5, United States Code.
        (3) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means the Committee on 
    Foreign Affairs of the House of Representatives and the Committee 
    on Foreign Relations of the Senate.
        (4) Department.--Except as otherwise provided in this title, 
    the term ``Department'' means the Department of State.
        (5) Personnel.--The term ``personnel'' means individuals 
    serving in any service described in section 2101 of title 5, United 
    States Code, other than in the legislative or judicial branch.
        (6) Secretary.--The term ``Secretary'' means the Secretary of 
    State.
SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND 
STABILIZATION CRISES.
    Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 
U.S.C. 2351 et seq.) is amended by inserting after section 617 the 
following new section:
    ``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION 
      CRISIS.
    ``(a) Assistance.--
        ``(1) In general.--If the President determines that it is in 
    the national security interests of the United States for United 
    States civilian agencies or non-Federal employees to assist in 
    reconstructing and stabilizing a country or region that is at risk 
    of, in, or is in transition from, conflict or civil strife, the 
    President may, in accordance with the provisions set forth in 
    section 614(a)(3), but notwithstanding any other provision of law, 
    and on such terms and conditions as the President may determine, 
    furnish assistance to such country or region for reconstruction or 
    stabilization using funds described in paragraph (2).
        ``(2) Funds described.--The funds referred to in paragraph (1) 
    are funds made available under any other provision of this Act, and 
    transferred or reprogrammed for purposes of this section, and such 
    transfer or reprogramming shall be subject to the procedures 
    applicable to a notification under section 634A of this Act.
        ``(3) Rule of construction.--Nothing in this section shall be 
    construed to provide authority to transfer funds between accounts 
    or between Federal departments or agencies.
    ``(b) Limitation.--The authority contained in this section may be 
exercised only during fiscal years 2009, 2010, and 2011.''.
SEC. 1605. RECONSTRUCTION AND STABILIZATION.
    Title I of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a et seq.) is amended by adding at the end the following new 
section:
  ``SEC. 62. RECONSTRUCTION AND STABILIZATION.
    ``(a) Office of the Coordinator for Reconstruction and 
Stabilization.--
        ``(1) Establishment.--There is established within the 
    Department of State the Office of the Coordinator for 
    Reconstruction and Stabilization.
        ``(2) Coordinator for reconstruction and stabilization.--The 
    head of the Office shall be the Coordinator for Reconstruction and 
    Stabilization, who shall be appointed by the President, by and with 
    the advice and consent of the Senate. The Coordinator shall report 
    directly to the Secretary.
        ``(3) Functions.--The functions of the Office of the 
    Coordinator for Reconstruction and Stabilization shall include the 
    following:
            ``(A) Monitoring, in coordination with relevant bureaus and 
        offices of the Department of State and the United States Agency 
        for International Development (USAID), political and economic 
        instability worldwide to anticipate the need for mobilizing 
        United States and international assistance for the 
        reconstruction and stabilization of a country or region that is 
        at risk of, in, or are in transition from, conflict or civil 
        strife.
            ``(B) Assessing the various types of reconstruction and 
        stabilization crises that could occur and cataloging and 
        monitoring the non-military resources and capabilities of 
        agencies (as such term is defined in section 1603 of the 
        Reconstruction and Stabilization Civilian Management Act of 
        2008) that are available to address such crises.
            ``(C) Planning, in conjunction with USAID, to address 
        requirements, such as demobilization, disarmament, rebuilding 
        of civil society, policing, human rights monitoring, and public 
        information, that commonly arise in reconstruction and 
        stabilization crises.
            ``(D) Coordinating with relevant agencies to develop 
        interagency contingency plans and procedures to mobilize and 
        deploy civilian personnel and conduct reconstruction and 
        stabilization operations to address the various types of such 
        crises.
            ``(E) Entering into appropriate arrangements with agencies 
        to carry out activities under this section and the 
        Reconstruction and Stabilization Civilian Management Act of 
        2008.
            ``(F) Identifying personnel in State and local governments 
        and in the private sector who are available to participate in 
        the Civilian Reserve Corps established under subsection (b) or 
        to otherwise participate in or contribute to reconstruction and 
        stabilization activities.
            ``(G) Taking steps to ensure that training and education of 
        civilian personnel to perform such reconstruction and 
        stabilization activities is adequate and is carried out, as 
        appropriate, with other agencies involved with stabilization 
        operations.
            ``(H) Taking steps to ensure that plans for United States 
        reconstruction and stabilization operations are coordinated 
        with and complementary to reconstruction and stabilization 
        activities of other governments and international and 
        nongovernmental organizations, to improve effectiveness and 
        avoid duplication.
            ``(I) Maintaining the capacity to field on short notice an 
        evaluation team consisting of personnel from all relevant 
        agencies to undertake on-site needs assessment.
    ``(b) Response Readiness Corps.--
        ``(1) Response readiness corps.--The Secretary, in consultation 
    with the Administrator of the United States Agency for 
    International Development and the heads of other appropriate 
    agencies of the United States Government, may establish and 
    maintain a Response Readiness Corps (referred to in this section as 
    the `Corps') to provide assistance in support of reconstruction and 
    stabilization operations in countries or regions that are at risk 
    of, in, or are in transition from, conflict or civil strife. The 
    Corps shall be composed of active and standby components consisting 
    of United States Government personnel, including employees of the 
    Department of State, the United States Agency for International 
    Development, and other agencies who are recruited and trained (and 
    employed in the case of the active component) to provide such 
    assistance when deployed to do so by the Secretary to support the 
    purposes of this Act.
        ``(2) Civilian reserve corps.--The Secretary, in consultation 
    with the Administrator of the United States Agency for 
    International Development, may establish a Civilian Reserve Corps 
    for which purpose the Secretary is authorized to employ and train 
    individuals who have the skills necessary for carrying out 
    reconstruction and stabilization activities, and who have 
    volunteered for that purpose. The Secretary may deploy members of 
    the Civilian Reserve Corps pursuant to a determination by the 
    President under section 618 of the Foreign Assistance Act of 1961.
        ``(3) Mitigation of domestic impact.--The establishment and 
    deployment of any Civilian Reserve Corps shall be undertaken in a 
    manner that will avoid substantively impairing the capacity and 
    readiness of any State and local governments from which Civilian 
    Reserve Corps personnel may be drawn.
    ``(c) Existing Training and Education Programs.--The Secretary 
shall ensure that personnel of the Department, and, in coordination 
with the Administrator of USAID, that personnel of USAID, make use of 
the relevant existing training and education programs offered within 
the Government, such as those at the Center for Stabilization and 
Reconstruction Studies at the Naval Postgraduate School and the 
Interagency Training, Education, and After Action Review Program at the 
National Defense University.''.
SEC. 1606. AUTHORITIES RELATED TO PERSONNEL.
    (a) Extension of Certain Foreign Service Benefits.--The Secretary, 
or the head of any agency with respect to personnel of that agency, may 
extend to any individuals assigned, detailed, or deployed to carry out 
reconstruction and stabilization activities pursuant to section 62 of 
the State Department Basic Authorities Act of 1956 (as added by section 
1605 of this title), the benefits or privileges set forth in sections 
413, 704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 3973, 
22 U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and manner that 
such benefits and privileges are extended to members of the Foreign 
Service.
    (b) Authority Regarding Details.--The Secretary is authorized to 
accept details or assignments of any personnel, and any employee of a 
State or local government, on a reimbursable or nonreimbursable basis 
for the purpose of carrying out this title, and the head of any agency 
is authorized to detail or assign personnel of such agency on a 
reimbursable or nonreimbursable basis to the Department of State for 
purposes of section 62 of the State Department Basic Authorities Act of 
1956, as added by section 1605 of this title.
SEC. 1607. RECONSTRUCTION AND STABILIZATION STRATEGY.
    (a) In General.--The Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development, shall develop an interagency strategy to respond to 
reconstruction and stabilization operations.
    (b) Contents.--The strategy required under subsection (a) shall 
include the following:
        (1) Identification of and efforts to improve the skills sets 
    needed to respond to and support reconstruction and stabilization 
    operations in countries or regions that are at risk of, in, or are 
    in transition from, conflict or civil strife.
        (2) Identification of specific agencies that can adequately 
    satisfy the skills sets referred to in paragraph (1).
        (3) Efforts to increase training of Federal civilian personnel 
    to carry out reconstruction and stabilization activities.
        (4) Efforts to develop a database of proven and best practices 
    based on previous reconstruction and stabilization operations.
        (5) A plan to coordinate the activities of agencies involved in 
    reconstruction and stabilization operations.
SEC. 1608. ANNUAL REPORTS TO CONGRESS.
    Not later than 180 days after the date of the enactment of this Act 
and annually for each of the five years thereafter, the Secretary of 
State shall submit to the appropriate congressional committees a report 
on the implementation of this title. The report shall include detailed 
information on the following:
        (1) Any steps taken to establish a Response Readiness Corps and 
    a Civilian Reserve Corps, pursuant to section 62 of the State 
    Department Basic Authorities Act of 1956 (as added by section 1605 
    of this title).
        (2) The structure, operations, and cost of the Response 
    Readiness Corps and the Civilian Reserve Corps, if established.
        (3) How the Response Readiness Corps and the Civilian Reserve 
    Corps coordinate, interact, and work with other United States 
    foreign assistance programs.
        (4) An assessment of the impact that deployment of the Civilian 
    Reserve Corps, if any, has had on the capacity and readiness of any 
    domestic agencies or State and local governments from which 
    Civilian Reserve Corps personnel are drawn.
        (5) The reconstruction and stabilization strategy required by 
    section 1607 and any annual updates to that strategy.
        (6) Recommendations to improve implementation of subsection (b) 
    of section 62 of the State Department Basic Authorities Act of 
    1956, including measures to enhance the recruitment and retention 
    of an effective Civilian Reserve Corps.
        (7) A description of anticipated costs associated with the 
    development, annual sustainment, and deployment of the Civilian 
    Reserve Corps.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.
    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2009''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
SPECIFIED BY LAW.
    (a) Expiration of Authorizations After Three Years.--Except as 
provided in subsection (b), all authorizations contained in titles XXI 
through XXVII and title XXIX for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall expire on the 
later of--
        (1) October 1, 2011; or
        (2) the date of the enactment of an Act authorizing funds for 
    military construction for fiscal year 2012.
    (b) Exception.--Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Security Investment Program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
        (1) October 1, 2011; or
        (2) the date of the enactment of an Act authorizing funds for 
    fiscal year 2012 for military construction projects, land 
    acquisition, family housing projects and facilities, or 
    contributions to the North Atlantic Treaty Organization Security 
    Investment Program.
SEC. 2003. EFFECTIVE DATE.
    Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall 
take effect on the later of--
        (1) October 1, 2008; or
        (2) the date of the enactment of this Act.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
          2008 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 
          2007 projects.
Sec. 2107. Extension of authorizations of certain fiscal year 2006 
          projects.
Sec. 2108. Extension of authorization of certain fiscal year 2005 
          project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
                    State                                  Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Alabama.....................................  Anniston Army Depot..............................      $46,400,000
                                              Fort Rucker......................................       $6,800,000
                                              Redstone Arsenal.................................      $16,500,000
Alaska......................................  Fort Richardson..................................      $18,100,000
                                              Fort Wainwright..................................     $110,400,000
Arizona.....................................  Fort Huachuca....................................      $13,200,000
                                              Yuma Proving Ground..............................       $3,800,000
California..................................  Fort Irwin.......................................      $39,600,000
                                              Presidio, Monterey...............................      $15,000,000
                                              Sierra Army Depot................................      $12,400,000
Colorado....................................  Fort Carson......................................     $534,000,000
Georgia.....................................  Fort Benning.....................................     $267,800,000
                                              Fort Stewart/Hunter Army Air Field...............     $432,300,000
Hawaii......................................  Pohakuloa Training Area..........................      $30,000,000
                                              Schofield Barracks...............................     $279,000,000
                                              Wahiawa..........................................      $40,000,000
Indiana.....................................  Crane Army Ammunition Activity...................       $8,300,000
Kansas......................................  Fort Leavenworth.................................       $4,200,000
                                              Fort Riley.......................................     $158,000,000
Kentucky....................................  Fort Campbell....................................     $118,113,000
Louisiana...................................  Fort Polk........................................      $29,000,000
Michigan....................................  Detroit Arsenal..................................       $6,100,000
Missouri....................................  Fort Leonard Wood................................      $42,550,000
New Jersey..................................  Picatinny Arsenal................................       $9,900,000
New York....................................  Fort Drum........................................      $96,900,000
                                              United States Military Academy...................      $67,000,000
North Carolina..............................  Fort Bragg.......................................      $58,400,000
Oklahoma....................................  Fort Sill........................................      $63,000,000
                                              McAlester Army Ammunition Plant..................       $5,800,000
Pennsylvania................................  Carlisle Barracks................................      $13,400,000
                                              Letterkenny Army Depot...........................       $7,500,000
                                              Tobyhanna Army Depot.............................      $15,000,000
South Carolina..............................  Fort Jackson.....................................      $30,000,000
Texas.......................................  Camp Bullis......................................       $4,200,000
                                              Corpus Christi Army Depot........................      $39,000,000
                                              Fort Bliss.......................................   $1,044,300,000
                                              Fort Hood........................................      $49,500,000
                                              Fort Sam Houston.................................      $96,000,000
                                              Red River Army Depot.............................       $6,900,000
Virginia....................................  Fort Belvoir.....................................       $7,200,000
                                              Fort Eustis......................................      $31,900,000
                                              Fort Lee.........................................     $100,600,000
                                              Fort Myer........................................      $14,000,000
Washington..................................  Fort Lewis.......................................     $158,000,000
----------------------------------------------------------------------------------------------------------------


    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan...................................  Bagram Air Base................................      $67,000,000
Germany.......................................  Katterbach.....................................      $19,000,000
                                                Wiesbaden Air Base.............................     $119,000,000
Japan.........................................  Camp Zama......................................       $2,350,000
                                                Sagamihara.....................................      $17,500,000
Korea.........................................  Camp Humphreys.................................      $20,000,000
----------------------------------------------------------------------------------------------------------------


SEC. 2102. FAMILY HOUSING.
    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amounts set forth in the following table:

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                Country                    Installation or Location              Units                Amount
----------------------------------------------------------------------------------------------------------------
Germany................................  Wiesbaden Air Base.........  326.......................    $133,000,000
Korea..................................  Camp Humphreys.............  216.......................    $125,000,000
----------------------------------------------------------------------------------------------------------------


    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2104(a)(5)(A), the 
Secretary of the Army may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of family housing units in an amount not to 
exceed $579,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2104(a)(5)(A), the Secretary of the Army may improve existing 
military family housing units in an amount not to exceed $420,001,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2008, for military 
construction, land acquisition, and military family housing functions 
of the Department of the Army in the total amount of $5,973,388,000, as 
follows:
        (1) For military construction projects inside the United States 
    authorized by section 2101(a), $4,010,063,000.
        (2) For military construction projects outside the United 
    States authorized by section 2101(b), $185,350,000.
        (3) For unspecified minor military construction projects 
    authorized by section 2805 of title 10, United States Code, 
    $23,000,000.
        (4) For host nation support and architectural and engineering 
    services and construction design under section 2807 of title 10, 
    United States Code, $178,685,000.
        (5) For military family housing functions:
            (A) For construction and acquisition, planning and design, 
        and improvement of military family housing and facilities, 
        $646,580,000.
            (B) For support of military family housing (including the 
        functions described in section 2833 of title 10, United States 
        Code), $716,110,000.
        (6) For the construction of increment 3 of a barracks complex 
    at Fort Lewis, Washington, authorized by section 2101(a) of the 
    Military Construction Authorization Act for Fiscal Year 2007 
    (division B of Public Law 109-364; 120 Stat. 2445), as amended by 
    section 20814 of the Continuing Appropriations Resolution, 2007 
    (division B of Public Law 109-289), as added by section 2 of the 
    Revised Continuing Resolution, 2007 (Public Law 110-5; 121 Stat 
    41), $102,000,000.
        (7) For the construction of increment 2 of the United States 
    Southern Command Headquarters at Miami Doral, Florida, authorized 
    by section 2101(a) of the Military Construction Authorization Act 
    for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
    504), $81,600,000.
        (8) For the construction of increment 2 of the brigade complex 
    operations support facility at Vicenza, Italy, authorized by 
    section 2101(b) of the Military Construction Authorization Act for 
    Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 505), 
    $15,000,000.
        (9) For the construction of increment 2 of the brigade complex 
    barracks and community support facility at Vicenza, Italy, 
    authorized by section 2101(b) of the Military Construction 
    Authorization Act for Fiscal Year 2008 (division B of Public Law 
    110-181; 122 Stat. 505), $15,000,000.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2401 of this 
Act may not exceed the sum of the following:
        (1) The total amount authorized to be appropriated under 
    paragraphs (1) and (2) of subsection (a).
        (2) $60,000,000 (the balance of the amount authorized under 
    section 2101(a) for barracks and a dining facility at Fort Carson, 
    Colorado).
        (3) $80,000,000 (the balance of the amount authorized under 
    section 2101(a) for barracks and a dining facility at Fort Stewart, 
    Georgia).
        (4) $59,500,000 (the balance of the amount authorized under 
    section 2101(b) for the construction of a headquarters element in 
    Wiesbaden, Germany).
        (5) $101,000,000 (the balance of the amount authorized under 
    section 2102(a) for family housing at Wiesbaden, Germany).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
2008 PROJECTS.
    (a) Inside the United States Projects.--The table in section 
2101(a) of the Military Construction Authorization Act for Fiscal Year 
2008 (division B of Public Law 110-181; 122 Stat. 504) is amended--
        (1) in the item relating to Hawthorne Army Ammunition Plant, 
    Nevada, by striking ``$11,800,000'' in the amount column and 
    inserting ``$7,300,000'';
        (2) in the item relating to Fort Drum, New York, by striking 
    ``$311,200,000'' in the amount column and inserting 
    ``$304,600,000''; and
        (3) in the item relating to Fort Bliss, Texas, by striking 
    ``$118,400,000'' in the amount column and inserting 
    ``$111,900,000''.
    (b) Conforming Amendments.--Section 2104(a) of that Act (122 Stat. 
506) is amended--
        (1) in the matter preceding paragraph (1), by striking 
    ``$5,106,703,000'' and inserting ``$5,089,103,000''; and
        (2) in paragraph (1), by striking ``$3,198,150,000'' and 
    inserting ``$3,180,550,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
2007 PROJECTS.
    (a) Inside the United States Projects.--The table in section 
2101(a) of the Military Construction Authorization Act for Fiscal Year 
2007 (division B of Public Law 109-364; 120 Stat. 2445), as amended by 
section 20814 of the Continuing Appropriations Resolution, 2007 
(division B of Public Law 109-289) and section 2105(a) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 507), is further amended in the item 
relating to Fort Bragg, North Carolina, by striking ``$96,900,000'' in 
the amount column and inserting ``$75,900,000''.
    (b) Outside the United States Projects.--The table in section 
2101(b) of the Military Construction Authorization Act for Fiscal Year 
2007 (division B of Public Law 109-364; 120 Stat. 2446), as amended by 
section 2106(a) of the Military Construction Authorization Act for 
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 508), is 
further amended in the item relating to Vicenza, Italy, by striking 
``$223,000,000'' in the amount column and inserting ``$208,280,000''.
    (c) Conforming Amendments.--Section 2104(a) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2447), as amended by section 2105(b) of 
the Military Construction Authorization Act for Fiscal Year 2008 
(division B of Public Law 110-181; 122 Stat. 508), is further amended--
        (1) in the matter preceding paragraph (1), by striking 
    ``$3,275,700,000'' and inserting ``$3,239,980,000'';
        (2) in paragraph (1), by striking ``$1,119,450,000'' and 
    inserting ``$1,098,450,000''; and
        (3) in paragraph (2), by striking ``$510,582,00'' and inserting 
    ``$495,862,000''.
SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
PROJECTS.
    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), the authorizations set forth in 
the table in subsection (b), as provided in section 2101 of that Act 
(119 Stat. 3485), shall remain in effect until October 1, 2009, or the 
date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

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


SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005 
PROJECT.
    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B of 
Public Law 108-375; 118 Stat. 2116), the authorization set forth in the 
table in subsection (b), as provided in section 2101 of that Act (118 
Stat. 2101) and extended by section 2108 of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 508), shall remain in effect until October 1, 2009, or 
the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                                  Army: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                  Installation or Location               Project                  Amount
----------------------------------------------------------------------------------------------------------------
Hawaii................................  Schofield Barracks......  Training Facility................  $35,542,000
----------------------------------------------------------------------------------------------------------------


                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
          2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year 
          2007 projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                            Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Arizona.......................................  Marine Corps Air Station, Yuma.................      $19,490,000
California....................................  Marine Corps Logistics Base, Barstow...........       $7,830,000
                                                Marine Corps Base, Camp Pendleton..............     $799,870,000
                                                Naval Air Facility, El Centro..................       $8,900,000
                                                Marine Corps Air Station, Miramar..............      $48,770,000
                                                Naval Post Graduate School, Monterey...........       $9,900,000
                                                Naval Air Station, North Island................      $60,152,000
                                                Naval Facility, San Clemente Island............      $34,020,000
                                                Marine Corps Recruit Depot, San Diego..........      $51,220,000
                                                Marine Corps Base, Twentynine Palms............     $155,310,000
Connecticut...................................  Naval Submarine Base, Groton...................      $46,060,000
                                                Naval Submarine Base, New London...............      $11,000,000
District of Columbia..........................  Naval Support Activity, Washington.............      $24,220,000
Florida.......................................  Naval Air Station, Jacksonville................      $12,890,000
                                                Naval Station, Mayport.........................      $18,280,000
                                                Naval Support Activity, Tampa..................      $29,000,000
Georgia.......................................  Marine Corps Logistics Base, Albany............      $15,320,000
                                                Naval Submarine Base, Kings Bay................       $6,130,000
Hawaii........................................  Pacific Missile Range, Barking Sands...........      $28,900,000
                                                Marine Corps Base, Kaneohe.....................      $28,200,000
                                                Naval Station, Pearl Harbor....................      $80,290,000
Illinois......................................  Recruit Training Command, Great Lakes..........      $62,940,000
Maine.........................................  Portsmouth Naval Shipyard......................      $30,640,000
Maryland......................................  Naval Surface Warfare Center, Carderock........       $6,980,000
                                                Naval Surface Warfare Center, Indian Head......      $25,980,000
Mississippi...................................  Naval Construction Battalion Center, Gulfport..      $12,770,000
                                                Naval Air Station, Meridian....................       $6,340,000
New Jersey....................................  Naval Air Warfare Center, Lakehurst............      $15,440,000
                                                Naval Weapons Station, Earle...................       $8,160,000
North Carolina................................  Marine Corps Base, Camp Lejeune................     $353,090,000
                                                Marine Corps Air Station, Cherry Point.........      $77,420,000
                                                Marine Corps Air Station, New River............      $86,280,000
Pennsylvania..................................  Naval Support Activity, Philadelphia...........      $22,020,000
Rhode Island..................................  Naval Station, Newport.........................      $39,800,000
South Carolina................................  Marine Corps Air Station, Beaufort.............       $5,940,000
                                                Marine Corps Recruit Depot, Parris Island......      $64,750,000
Texas.........................................  Naval Air Station, Corpus Christi..............       $3,500,000
                                                Naval Air Station, Kingsville..................      $11,580,000
Virginia......................................  Naval Station, Norfolk.........................      $73,280,000
                                                Marine Corps Base, Quantico....................     $150,290,000
Washington....................................  Naval Base, Kitsap.............................       $5,110,000
                                                Naval Air Station Whidbey Island...............       $6,160,000
----------------------------------------------------------------------------------------------------------------


    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(2), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installation or location outside the 
United States, and in the amounts, set forth in the following table:

                                         Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Cuba..........................................  Naval Air Station, Guantanamo Bay...............     $20,600,000
Diego Garcia..................................  Diego Garcia....................................     $35,060,000
Djibouti......................................  Camp Lemonier...................................     $31,410,000
Guam..........................................  Naval Activities, Guam..........................     $88,430,000
----------------------------------------------------------------------------------------------------------------


    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2204(3), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for unspecified installations or locations in the 
amounts set forth in the following table:

                                           Navy: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
                    Location                                 Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified..........................  Unspecified Worldwide..........................    $101,020,000
----------------------------------------------------------------------------------------------------------------


SEC. 2202. FAMILY HOUSING.
    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 2204(6)(A), 
the Secretary of the Navy may construct or acquire family housing units 
(including land acquisition and supporting facilities) at the 
installations or locations, in the number of units, and in the amount 
set forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
               Location                Installation or Location                 Units                   Amount
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay.......................  Naval Air Station,        146                                 $59,943,000
                                        Guantanamo Bay.
----------------------------------------------------------------------------------------------------------------


    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2204(6)(A), the 
Secretary of the Navy may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of family housing units in an amount not to 
exceed $2,169,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2204(6)(A), the Secretary of the Navy may improve existing 
military family housing units in an amount not to exceed $318,011,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for military construction, land 
acquisition, and military family housing functions of the Department of 
the Navy in the total amount of $4,046,354,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by section 2201(a), $2,564,312,000.
        (2) For military construction projects outside the United 
    States authorized by section 2201(b), $175,500,000.
        (3) For military construction projects at unspecified worldwide 
    locations authorized by section 2201(c), $101,020,000.
        (4) For unspecified minor military construction projects 
    authorized by section 2805 of title 10, United States Code, 
    $13,670,000.
        (5) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $246,528,000.
        (6) For military family housing functions:
            (A) For construction and acquisition, planning and design, 
        and improvement of military family housing and facilities, 
        $380,123,000.
            (B) For support of military family housing (including 
        functions described in section 2833 of title 10, United States 
        Code), $376,062,000.
        (7) For the construction of increment 2 of the wharf extension 
    at Naval Forces Marianas Islands, Guam, authorized by section 
    2201(b) of the Military Construction Authorization Act for Fiscal 
    Year 2008 (division B of Public Law 110-181; 122 Stat. 510), 
    $50,912,000.
        (8) For the construction of increment 2 of the submarine drive-
    in magnetic silencing facility at Naval Submarine Base, Pearl 
    Harbor, Hawaii, authorized in section 2201(a) of the Military 
    Construction Authorization Act for Fiscal Year 2008 (division B of 
    Public Law 110-181; 122 Stat. 510), $41,088,000.
        (9) For the construction of increment 3 of the National 
    Maritime Intelligence Center, Suitland, Maryland, authorized by 
    section 2201(a) of the Military Construction Authorization Act for 
    Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
    2448), $12,439,000.
        (10) For the construction of increment 2 of hangar 5 
    recapitalizations at Naval Air Station, Whidbey Island, Washington, 
    authorized by section 2201(a) of the Military Construction 
    Authorization Act of Fiscal Year 2007 (division B of Public Law 
    109-364; 120 Stat. 2448), $34,000,000.
        (11) For the construction of increment 5 of the limited area 
    production and storage complex at Naval Submarine Base, Kitsap, 
    Bangor, Washington (formerly referred to as a project at the 
    Strategic Weapons Facility Pacific, Bangor), authorized by section 
    2201(a) of the Military Construction Authorization Act of Fiscal 
    Year 2005 (division B of Public Law 108-375; 118 Stat. 2106), as 
    amended by section 2206 of the Military Construction Authorization 
    Act for Fiscal Year 2006 (division B of Public law 109-163; 119 
    Stat. 3493) and section 2206 of the Military Construction 
    Authorization Act for Fiscal Year 2008 (division B of Public Law 
    110-181; 122 Stat. 514) $50,700,000.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
2005 PROJECT.
    The table in section 2201(a) of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
375; 118 Stat. 2105), as amended by section 2206 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3493) and section 2206 of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 514), is further amended--
        (1) in the item relating to Strategic Weapons Facility Pacific, 
    Bangor, Washington, by striking ``$295,000,000'' in the amount 
    column and inserting ``$311,670,000''; and
        (2) by striking the amount identified as the total in the 
    amount column and inserting ``$1,084,497,000''.
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
2007 PROJECTS.
    (a) Modifications.--The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2448), as amended by section 2205(a)(17) 
of the Military Construction Authorization Act for Fiscal Year 2008 
(division B of Public Law 110-181; 122 Stat. 513), is further amended--
        (1) in the item relating to NMIC/Naval Support Activity, 
    Suitland, Maryland, by striking ``$67,939,000'' in the amount 
    column and inserting ``$76,288,000''; and
        (2) in the item relating to Naval Air Station, Whidbey Island, 
    Washington, by striking ``$57,653,000'' in the amount column and 
    inserting ``$60,500,000''.
    (b) Conforming Amendments.--Section 2204(b) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2452) is amended--
        (1) in paragraph (2), by striking ``$56,159,000'' and inserting 
    ``$64,508,000''; and
        (2) in paragraph (3), by striking ``$31,153,000'' and inserting 
    ``$34,000,000''.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
          projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2006 
          projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2005 
          projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
PROJECTS.
    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table:

                                       Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................  Maxwell Air Force Base......................        $15,556,000
Alaska.........................................  Elmendorf Air Force Base....................       $138,300,000
Arizona........................................  Davis Monthan Air Force Base................        $15,000,000
California.....................................  Edwards Air Force Base......................         $9,100,000
                                                 Travis Air Force Base.......................        $12,100,000
Colorado.......................................  Peterson Air Force Base.....................         $4,900,000
                                                 United States Air Force Academy.............        $18,000,000
Delaware.......................................  Dover Air Force Base........................        $19,000,000
Florida........................................  Cape Canaveral Air Station..................         $8,000,000
                                                 Eglin Air Force Base........................        $19,000,000
                                                 MacDill Air Force Base......................        $26,000,000
                                                 Tyndall Air Force Base......................        $11,600,000
Georgia........................................  Robins Air Force Base.......................        $29,350,000
Kansas.........................................  McConnell Air Force Base....................         $6,800,000
Louisiana......................................  Barksdale Air Force Base....................        $14,600,000
Maryland.......................................  Andrews Air Force Base......................        $77,648,000
Mississippi....................................  Columbus Air Force Base.....................         $8,100,000
                                                 Keesler Air Force Base......................         $6,600,000
Missouri.......................................  Whiteman Air Force Base.....................         $4,200,000
Montana........................................  Malmstrom Air Force Base....................        $10,000,000
Nevada.........................................  Creech Air Force Base.......................        $48,500,000
                                                 Nellis Air Force Base.......................        $63,100,000
New Jersey.....................................  McGuire Air Force Base......................         $7,200,000
 New Mexico....................................  Holloman Air Force Base.....................        $25,450,000
North Carolina.................................  Seymour Johnson Air Force Base..............        $12,200,000
North Dakota...................................  Grand Forks Air Force Base..................        $13,000,000
Ohio...........................................  Wright Patterson Air Force Base.............        $14,000,000
Oklahoma.......................................  Altus Air Force Base........................         10,200,000
                                                 Tinker Air Force Base.......................        $54,000,000
South Carolina.................................   Charleston Air Force Base..................         $4,500,000
                                                 Shaw Air Force Base.........................         $9,900,000
South Dakota...................................  Ellsworth Air Force Base....................        $11,000,000
Texas..........................................  Dyess Air Force Base........................        $21,000,000
                                                 Fort Hood...................................        $10,800,000
                                                 Lackland Air Force Base.....................        $75,515,000
Utah...........................................  Hill Air Force Base.........................        $41,400,000
Washington.....................................  McChord Air Force Base......................         $5,500,000
Wyoming........................................  Francis E. Warren Air Force Base............         $8,600,000
----------------------------------------------------------------------------------------------------------------


    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(2), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table:

                                      Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
                     Country                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.....................................   Bagram Airfield.................................  $57,200,000
Guam............................................  Andersen Air Force Base..........................  $10,600,000
Kyrgyzstan......................................  Manas Air Base...................................   $6,000,000
United Kingdom..................................  Royal Air Force Lakenheath.......................   $7,400,000
----------------------------------------------------------------------------------------------------------------


    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2304(3), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for unspecified installations or 
locations in the amounts set forth in the following table:

                                        Air Force: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
                    Location                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified...........................  Unspecified Worldwide Locations..................  $38,391,000
----------------------------------------------------------------------------------------------------------------


SEC. 2302. FAMILY HOUSING.
    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(6)(A), 
the Secretary of the Air Force may construct or acquire family housing 
units (including land acquisition and supporting facilities) at the 
installations or locations, in the number of units, and in the amounts 
set forth in the following table:

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
                Country                   Installation or  Location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom........................  Royal Air Force Lakenheath...  182 Units................     $71,828,000
----------------------------------------------------------------------------------------------------------------


    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2304(6)(A), the 
Secretary of the Air Force may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of family housing units in an amount not to 
exceed $7,708,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2304(6)(A), the Secretary of the Air Force may improve existing 
military family housing units in an amount not to exceed $316,343,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for military construction, land 
acquisition, and military family housing functions of the Department of 
the Air Force in the total amount of $2,108,090,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by section 2301(a), $889,719,000.
        (2) For military construction projects outside the United 
    States authorized by section 2301(b), $81,200,000.
        (3) For the military construction projects at unspecified 
    worldwide locations authorized by section 2301(c), $38,391,000.
        (4) For unspecified minor military construction projects 
    authorized by section 2805 of title 10, United States Code, 
    $15,000,000.
        (5) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $93,436,000.
        (6) For military family housing functions:
            (A) For construction and acquisition, planning and design, 
        and improvement of military family housing and facilities, 
        $395,879,000.
            (B) For support of military family housing (including 
        functions described in section 2833 of title 10, United States 
        Code), $594,465,000.
SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
PROJECTS.
    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the 
tables in subsection (b), as provided in section 2302 of that Act, 
shall remain in effect until October 1, 2009, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                               Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or  Location              Project              Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................  Eielson Air Force Base.......  Replace Family Housing (92  $37,650,000
                                                                          units)...................
                                                                         Purchase Build/Lease        $18,144,000
                                                                          Housing (300 units)......
California..............................  Edwards Air Force Base.......  Replace Family Housing      $59,699,000
                                                                          (226 units)..............
Florida.................................  MacDill Air Force Base.......  Replace Family Housing      $40,982,000
                                                                          (109 units)..............
Missouri................................  Whiteman Air Force Base......  Replace Family Housing      $26,917,000
                                                                          (111 units)..............
North Carolina..........................  Seymour Johnson Air Force      Replace Family Housing      $48,868,000
                                           Base........................   (255 units)..............
North Dakota............................  Grand Forks Air Force Base...  Replace Family Housing      $43,353,000
                                                                          (150 units)..............
----------------------------------------------------------------------------------------------------------------


SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005 
PROJECTS.
    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B of 
Public Law 108-375; 118 Stat. 2116), authorizations set forth in the 
table in subsection (b), as provided in sections 2301 and 2302 of that 
Act and extended by section 2307 of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 519), shall remain in effect until October 1, 2009, or 
the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                               Air Force: Extension of 2005 Project Authorizations
----------------------------------------------------------------------------------------------------------------
             State/Country               Installation or Location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Arizona...............................  Davis-Monthan Air Force    Replace Family Housing (250       $48,500,000
                                         Base....................   units).....................
California............................  Vandenberg Air Force Base  Replace Family Housing (120       $30,906,000
                                                                    units).....................
Florida...............................  MacDill Air Force Base...  Construct Housing                  $1,250,000
                                                                    Maintenance Facility.......
Missouri..............................  Whiteman Air Force Base..  Replace Family Housing (160       $37,087,000
                                                                    units).....................
North Carolina........................  Seymour Johnson Air Force  Replace Family Housing (167       $32,693,000
                                         Base....................   units).....................
Germany...............................  Ramstein Air Base........  USAFE Theater Aerospace           $24,204,000
                                                                    Operations Support Center..
----------------------------------------------------------------------------------------------------------------


                      TITLE XXIV--DEFENSE AGENCIES

                Subtitle A--Defense Agency Authorizations

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

          Subtitle B--Chemical Demilitarization Authorizations

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

               Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
ACQUISITION PROJECTS.
    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2403(a)(1), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following tables:

                                           Defense Education Activity
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Kentucky......................................  Fort Campbell...................................     $21,400,000
North Carolina................................  Fort Bragg......................................     $78,471,000
----------------------------------------------------------------------------------------------------------------



                                           Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Illinois......................................  Scott Air Force Base............................     $13,977,000
----------------------------------------------------------------------------------------------------------------



                                            Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
California....................................  Defense Distribution Depot, Tracy...............     $50,300,000
Delaware......................................  Defense Fuel Supply Center, Dover Air Force Base      $3,373,000
Florida.......................................  Defense Fuel Support Point, Jacksonville........     $34,000,000
Georgia.......................................  Hunter Army Air Field...........................      $3,500,000
Hawaii........................................  Pearl Harbor....................................     $27,700,000
New Mexico....................................  Kirtland Air Force Base.........................     $14,400,000
Oklahoma......................................  Altus Air Force Base............................      $2,850,000
Pennsylvania..................................  Philadelphia....................................      $1,200,000
Utah..........................................  Hill Air Force Base.............................     $20,400,000
Virginia......................................  Craney Island...................................     $39,900,000
----------------------------------------------------------------------------------------------------------------



                                            National Security Agency
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Maryland.......................................  Fort Meade.....................................     $31,000,000
----------------------------------------------------------------------------------------------------------------



                                           Special Operations Command
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
California.....................................  Naval Amphibious Base, Coronado................      $9,800,000
Florida........................................  Eglin Air Force Base...........................      $40,000,00
                                                 Hurlburt Field.................................      $8,900,000
                                                 MacDill Air Force Base.........................     $10,500,000
Kentucky.......................................  Fort Campbell..................................     $15,000,000
New Mexico.....................................  Cannon Air Force Base..........................     $26,400,000
North Carolina.................................  Fort Bragg.....................................     $38,250,000
Virginia.......................................  Fort Story.....................................     $11,600,000
Washington.....................................  Fort Lewis.....................................     $38,000,000
----------------------------------------------------------------------------------------------------------------



                                           TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Alaska.........................................  Fort Richardson................................      $6,300,000
Colorado.......................................  Buckley Air Force Base.........................      $3,000,000
Georgia........................................  Fort Benning...................................      $3,900,000
Kentucky.......................................  Fort Campbell..................................     $24,000,000
Maryland.......................................  Aberdeen Proving Ground........................    $430,000,000
Missouri.......................................  Fort Leonard Wood..............................     $22,000,000
Oklahoma.......................................  Tinker Air Force Base..........................     $65,000,000
Texas..........................................  Fort Sam Houston...............................     $13,000,000
----------------------------------------------------------------------------------------------------------------



                                        Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Virginia.......................................  Pentagon Reservation...........................     $38,940,000
----------------------------------------------------------------------------------------------------------------


    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2403(a)(2), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following tables:

                                            Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
                     Country                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Germany.........................................  Germersheim......................................  $48,000,000
Greece..........................................  Souda Bay........................................   $8,000,000
----------------------------------------------------------------------------------------------------------------



                                             Missile Defense Command
----------------------------------------------------------------------------------------------------------------
                     Country                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Czech Republic..................................  Various Locations...............................  $176,100,000
Poland..........................................  Various Locations...............................  $661,380,000
----------------------------------------------------------------------------------------------------------------



                                           Special Operations Command
----------------------------------------------------------------------------------------------------------------
                     Country                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Qatar...........................................  Al Udeid.........................................   $9,200,000
----------------------------------------------------------------------------------------------------------------



                                           TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
                     Country                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Guam............................................  Naval Activities.................................  $30,000,000
----------------------------------------------------------------------------------------------------------------


SEC. 2402. ENERGY CONSERVATION PROJECTS.
    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2403(a)(6), the Secretary of Defense may 
carry out energy conservation projects under chapter 173 of title 10, 
United States Code, in the amount of $90,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2008, for military 
construction, land acquisition, and military family housing functions 
of the Department of Defense (other than the military departments) in 
the total amount of $1,639,050,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by section 2401(a), $740,811,000.
        (2) For military construction projects outside the United 
    States authorized by section 2401(b), $246,360,000.
        (3) For unspecified minor military construction projects under 
    section 2805 of title 10, United States Code, $28,853,000.
        (4) For contingency construction projects of the Secretary of 
    Defense under section 2804 of title 10, United States Code, 
    $5,000,000.
        (5) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $133,225,000.
        (6) For energy conservation projects authorized by section 2402 
    of this Act, $90,000,000.
        (7) For support of military family housing, including functions 
    described in section 2833 of title 10, United States Code, and 
    credits to the Department of Defense Family Housing Improvement 
    Fund under section 2883 of title 10, United States Code, and the 
    Homeowners Assistance Fund established under section 1013 of the 
    Demonstration Cities and Metropolitan Development Act of 1966 (42 
    U.S.C. 3374), $54,581,000.
        (8) For the construction of increment 4 of the regional 
    security operations center at Augusta, Georgia, authorized by 
    section 2401(a) of the Military Construction Authorization Act of 
    Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 
    3497), as amended by section 7016 of the Emergency Supplemental 
    Appropriation Act for Defense, the Global War on Terror, and 
    Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 485), 
    $100,220,000.
        (9) For the construction of increment 2 of the Army Medical 
    Research Institute of Infectious Diseases Stage 1 at Fort Detrick, 
    Maryland, authorized by section 2401(a) of the Military 
    Construction Authorization Act of Fiscal Year 2007 (division B of 
    Public Law 109-364; 120 Stat. 2457), $209,000,000.
        (10) For the construction of increment 2 of the special 
    operations forces operational facility at Dam Neck, Virginia, 
    authorized by section 2401(a) of the Military Construction 
    Authorization Act of Fiscal Year 2008 (division B of Public Law 
    110-181; 122 Stat. 521), $31,000,000.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2401 of this 
Act may not exceed the sum of the following:
        (1) The total amount authorized to be appropriated under 
    paragraphs (1) and (2) of subsection (a).
        (2) $402,000,000 (the balance of the amount authorized for the 
    TRICARE Management Activity under section 2401(a) for the 
    construction of the United States Army Medical Research Institute 
    of Infectious Diseases at Aberdeen Proving Ground, Maryland).
        (3) $618,780,000 (the balance of the amount authorized for the 
    Missile Defense Command under section 2401(b) for the construction 
    of the Ballistic Missile Defense, European Interceptor Site).
        (4) $67,540,000 (the balance of the amount authorized for the 
    Missile Defense Command under section 2401(b) for the construction 
    of the Ballistic Missile Defense, European Mid-Course Radar Site).
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
2007 PROJECT.
    (a) Modification.--The table relating to the TRICARE Management 
Activity in section 2401(a) of the Military Construction Authorization 
Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
2457) is amended in the item relating to Fort Detrick, Maryland, by 
striking ``$550,000,000'' in the amount column and inserting 
``$683,000,000''.
    (b) Conforming Amendment.--Section 2405(b)(3) of that Act (120 
Stat. 2461) is amended by striking ``$521,000,000'' and inserting 
``$654,000,000''.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
2005 PROJECTS.
    (a) Modification.--The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B of 
Public Law 108-375; 118 Stat. 2112) is amended--
        (1) by striking the item relating to Defense Fuel Support 
    Point, Naval Air Station, Oceana, Virginia; and
        (2) by striking the amount identified as the total in the 
    amount column and inserting ``$485,193,000''.
    (b) Conforming Amendments.--Section 2404(a) of that Act (118 Stat. 
2113) is amended--
        (1) in the matter preceding paragraph (1), by striking 
    ``$1,055,663,000'' and inserting ``$1,052,074,000''; and
        (2) in paragraph (1), by striking ``$411,782,000'' and 
    inserting ``$408,193,000''.
SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2006 
PROJECT.
    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the 
tables in subsection (b), as provided in section 2401 of that Act, 
shall remain in effect until October 1, 2009, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                        Defense Logistics Agency: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
            Installation or Location                                   Project                          Amount
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency........................  Defense Distribution Depot Susquehanna, New         $6,500,000
                                                   Cumberland, Pennsylvania.
----------------------------------------------------------------------------------------------------------------


          Subtitle B--Chemical Demilitarization Authorizations

SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM CONSTRUCTION 
AND LAND ACQUISITION PROJECTS.
    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2412(1), the Secretary of Defense may acquire 
real property and carry out military construction projects for the 
installations or locations inside the United States, and in the 
amounts, set forth in the following table:

                           Chemical Demilitarization Program: Inside the United States
----------------------------------------------------------------------------------------------------------------
                      Army                                     Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Army............................................  Blue Grass Army Depot, Kentucky..................  $12,000,000
----------------------------------------------------------------------------------------------------------------


SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION 
CONSTRUCTION, DEFENSE-WIDE.
    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for military construction and land 
acquisition for chemical demilitarization in the total amount of 
$144,278,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by section 2411(a), $12,000,000.
        (2) For the construction of phase 10 of a munitions 
    demilitarization facility at Pueblo Chemical Activity, Colorado, 
    authorized by section 2401(a) of the Military Construction 
    Authorization Act for Fiscal Year 1997 (division B of Public Law 
    104-201; 110 Stat. 2775), as amended by section 2406 of the 
    Military Construction Authorization Act for Fiscal Year 2000 
    (division B of Public Law 106-65; 113 Stat. 839) and section 2407 
    of the Military Construction Authorization Act for Fiscal Year 2003 
    (division B of Public Law 107-314; 116 Stat. 2698), $65,060,000.
        (3) For the construction of phase 9 of a munitions 
    demilitarization facility at Blue Grass Army Depot, Kentucky, 
    authorized by section 2401(a) of the Military Construction 
    Authorization Act for Fiscal Year 2000 (division B of Public Law 
    106-65; 113 Stat. 835), as amended by section 2405 of the Military 
    Construction Authorization Act for Fiscal Year 2002 (division B of 
    Public Law 107-107; 115 Stat. 1298) and section 2405 of the 
    Military Construction Authorization Act for Fiscal Year 2003 
    (division B of Public Law 107-314; 116 Stat. 2698), $67,218,000.
SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
1997 PROJECT.
    (a) Modifications.--The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 1997 (division B of 
Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the 
Military Construction Authorization Act for Fiscal Year 2000 (division 
B of Public Law 106-65; 113 Stat. 839) and section 2407 of the Military 
Construction Authorization Act for Fiscal Year 2003 (division B of 
Public Law 107-314; 116 Stat. 2699), is amended--
        (1) under the agency heading relating to the Chemical 
    Demilitarization Program, in the item relating to Pueblo Army 
    Depot, Colorado, by striking ``$261,000,000'' in the amount column 
    and inserting ``$484,000,000''; and
        (2) by striking the amount identified as the total in the 
    amount column and inserting ``$830,454,000''.
    (b) Conforming Amendment.--Section 2406(b)(2) of the Military 
Construction Authorization Act for Fiscal Year 1997 (110 Stat. 2779), 
as so amended, is further amended by striking ``$261,000,000'' and 
inserting ``$484,000,000''.
SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
2000 PROJECT.
    (a) Modifications.--The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division B of 
Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
Military Construction Authorization Act for Fiscal Year 2002 (division 
B of Public Law 107-107; 115 Stat. 1298) and section 2405 of the 
Military Construction Authorization Act for Fiscal Year 2003 (division 
B of Public Law 107-314; 116 Stat. 2698), is amended--
        (1) under the agency heading relating to Chemical 
    Demilitarization, in the item relating to Blue Grass Army Depot, 
    Kentucky, by striking ``$290,325,000'' in the amount column and 
    inserting ``$492,000,000''; and
        (2) by striking the amount identified as the total in the 
    amount column and inserting ``$949,920,000''.
    (b) Conforming Amendment.--Section 2405(b)(3) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division B of 
Public Law 106-65; 113 Stat. 839), as amended by section 2405 of the 
Military Construction Authorization Act for Fiscal Year 2002 (division 
B of Public Law 107-107; 115 Stat. 1298) and section 2405 of the 
Military Construction Authorization Act for Fiscal Year 2003 (division 
B of Public Law 107-314; 116 Stat. 2698), is further amended by 
striking ``$267,525,000'' and inserting ``$469,200,000''.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
    The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as provided in 
section 2806 of title 10, United States Code, in an amount not to 
exceed the sum of the amount authorized to be appropriated for this 
purpose in section 2502 and the amount collected from the North 
Atlantic Treaty Organization as a result of construction previously 
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for contributions by the Secretary 
of Defense under section 2806 of title 10, United States Code, for the 
share of the United States of the cost of projects for the North 
Atlantic Treaty Organization Security Investment Program authorized by 
section 2501, in the amount of $230,867,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land 
          acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
          projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
          and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land 
          acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land 
          acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out certain fiscal year 
          2008 project.
Sec. 2608. Extension of authorizations of certain fiscal year 2006 
          projects.
Sec. 2609. Extension of Authorization of certain fiscal year 2005 
          project.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND 
ACQUISITION PROJECTS.
    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(A), the Secretary of the Army may 
acquire real property and carry out military construction projects for 
the Army National Guard locations, and in the amounts, set forth in the 
following table:


                                               Army National Guard
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................  Fort McClellan...................................    $3,000,000
Alaska.........................................  Bethel Armory....................................   $16,000,000
Arizona........................................  Camp Navajo......................................   $13,000,000
                                                 Florence.........................................   $13,800,000
                                                 Papago Military Reservation......................   $24,000,000
Arkansas.......................................  Cabot............................................   $10,868,000
Colorado.......................................  Denver...........................................    $9,000,000
                                                 Grand Junction...................................    $9,000,000
Connecticut....................................  Camp Rell........................................   $28,000,000
                                                 East Haven.......................................   $13,800,000
Delaware.......................................  New Castle.......................................   $28,000,000
Florida........................................  Camp Blanding....................................   $33,307,000
Georgia........................................  Dobbins Air Reserve Base.........................   $45,000,000
Idaho..........................................  Orchard Training Area............................    $1,850,000
Illinois.......................................  Urbana Armory....................................   $16,186,000
Indiana........................................  Camp Atterbury...................................    $5,800,000
                                                 Lawrence.........................................   $21,000,000
                                                 Muscatatuck......................................    $6,000,000
Iowa...........................................  Camp Dodge.......................................    $1,500,000
                                                 Davenport........................................    $1,550,000
                                                 Mount Pleasant...................................    $1,500,000
Kentucky.......................................  London...........................................    $7,191,000
Maine..........................................  Bangor...........................................   $20,000,000
Maryland.......................................  Edgewood.........................................   $28,000,000
                                                 Salisbury........................................    $9,800,000
Massachusetts..................................  Methuen..........................................   $21,000,000
Michigan.......................................  Camp Grayling....................................   $22,943,000
Minnesota......................................  Arden Hills......................................   $15,000,000
Nevada.........................................  Elko.............................................   $11,375,000
New York.......................................  Fort Drum........................................   $11,000,000
                                                 Queensbury.......................................    $5,900,000
Ohio...........................................  Camp Perry.......................................    $2,000,000
                                                 Ravenna..........................................    $2,000,000
Pennsylvania...................................  Honesdale........................................    $6,117,000
Rhode Island...................................  North Kingstown..................................    $5,000,000
South Carolina.................................  Anderson.........................................   $12,000,000
                                                 Beaufort.........................................    $3,400,000
                                                 Eastover.........................................   $28,000,000
                                                 Hemingway........................................    $4,600,000
South Dakota...................................  Camp Rapid.......................................   $14,463,000
                                                 Rapid City.......................................   $29,000,000
Tennessee......................................  Tullahoma........................................   $10,372,000
Utah...........................................  Camp Williams....................................   $17,500,000
Vermont........................................  Ethan Allen Firing Range.........................   $10,200,000
Virginia.......................................  Arlington........................................   $15,500,000
                                                 Fort Pickett.....................................    $2,950,000
Washington.....................................  Fort Lewis (Gray Army Airfield)..................   $32,000,000
West Virginia..................................  Camp Dawson......................................    $9,000,000
----------------------------------------------------------------------------------------------------------------


SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION 
PROJECTS.
    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(B), the Secretary of the Army may 
acquire real property and carry out military construction projects for 
the Army Reserve locations, and in the amounts, set forth in the 
following table:


                                                  Army Reserve
----------------------------------------------------------------------------------------------------------------
                      State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
California......................................  Fort Hunter Liggett..............................   $3,950,000
Hawaii                                            Fort Shafter.....................................  $19,199,000
Idaho...........................................  Hayden Lake......................................   $9,580,000
Kansas..........................................  Dodge City.......................................   $8,100,000
Maryland........................................  Baltimore........................................  $11,600,000
Massachusetts...................................  Fort Devens......................................   $1,900,000
Michigan........................................  Saginaw..........................................  $11,500,000
Missouri........................................  Weldon Springs...................................  $11,700,000
Nevada..........................................  Las Vegas........................................  $33,900,000
New Jersey......................................  Fort Dix.........................................   $3,825,000
New York........................................  Kingston.........................................  $13,494,000
                                                  Shoreham.........................................  $15,031,000
                                                  Staten Island....................................  $18,550,000
North Carolina..................................  Raleigh..........................................  $25,581,000
Pennsylvania....................................  Letterkenny Army Depot...........................  $14,914,000
Tennessee.......................................  Chattanooga......................................  $10,600,000
Texas...........................................  Sinton...........................................   $9,700,000
Washington......................................  Seattle..........................................  $37,500,000
Wisconsin.......................................  Fort McCoy.......................................   $4,000,000
----------------------------------------------------------------------------------------------------------------


SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(2), the Secretary of the Navy may 
acquire real property and carry out military construction projects for 
the Navy Reserve and Marine Corps Reserve locations, and in the 
amounts, set forth in the following table:


                                      Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
California.....................................  Lemoore..........................................   $15,420,000
Delaware.......................................  Wilmington.......................................   $11,530,000
Georgia........................................  Marietta.........................................    $7,560,000
Virginia.......................................  Norfolk..........................................    $8,170,000
                                                 Williamsburg.....................................   $12,320,000
----------------------------------------------------------------------------------------------------------------


SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND 
ACQUISITION PROJECTS.
    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(A), the Secretary of the Air Force 
may acquire real property and carry out military construction projects 
for the Air National Guard locations, and in the amounts, set forth in 
the following table:


                                               Air National Guard
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.......................................  Little Rock Air Force Base.......................    $4,000,000
Colorado.......................................  Buckley Air Force Base...........................    $4,200,000
Connecticut....................................  Bradley International Airport....................    $7,200,000
Delaware.......................................  New Castle County Airport........................   $14,800,000
Georgia........................................  Savannah Combat Readiness Training Center........    $7,500,000
Indiana........................................  Fort Wayne International Airport.................    $5,600,000
Iowa...........................................  Fort Dodge.......................................    $5,600,000
Kansas.........................................  Smoky Hill Air National Guard Range..............    $7,100,000
Maryland.......................................  Martin State Airport.............................    $7,900,000
Massachusetts..................................  Otis Air National Guard Base.....................   $14,300,000
Minnesota......................................  Duluth 148th Fighter Wing Base...................    $4,500,000
                                                 Minneapolis-St. Paul.............................    $1,500,000
Mississippi....................................  Gulfport-Biloxi International Airport............    $3,400,000
New Jersey.....................................  Atlantic City International Airport..............    $8,400,000
New York.......................................  Gabreski Airport, Westhampton....................    $7,500,000
                                                 Hancock Field....................................   $10,400,000
Ohio...........................................  Springfield Air National Guard Base..............   $12,800,000
Rhode Island...................................  Quonset State Airport............................    $7,700,000
South Dakota...................................  Joe Foss Field...................................    $4,500,000
Tennessee......................................  Knoxville........................................    $8,000,000
Texas..........................................  Ellington Field..................................    $7,600,000
                                                 Fort Worth Naval Air Station Joint Reserve Base..    $5,000,000
Vermont........................................  Burlington International Airport.................    $6,600,000
Washington.....................................  McChord Air Force Base...........................    $8,600,000
West Virginia..................................  Yeager Airport, Charleston.......................   $27,000,000
Wisconsin......................................  Truax Field......................................    $6,300,000
Wyoming........................................  Cheyenne Municipal Airport.......................    $7,000,000
----------------------------------------------------------------------------------------------------------------


SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS.
    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(B), the Secretary of the Air Force 
may acquire real property and carry out military construction projects 
for the Air Force Reserve locations, and in the amounts, set forth in 
the following table:


                                               Air Force Reserve
----------------------------------------------------------------------------------------------------------------
                      State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Georgia.........................................  Dobbins Air Reserve Base.........................   $6,450,000
Oklahoma........................................  Tinker Air Force Base............................   $9,900,000
New York........................................  Niagara Falls Air Reserve Station................   $9,000,000
----------------------------------------------------------------------------------------------------------------


SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, under 
chapter 1803 of title 10, United States Code (including the cost of 
acquisition of land for those facilities), in the following amounts:
        (1) For the Department of the Army--
            (A) for the Army National Guard of the United States, 
        $736,317,000; and
            (B) for the Army Reserve, $282,607,000.
        (2) For the Department of the Navy, for the Navy and Marine 
    Corps Reserve, $57,045,000.
        (3) For the Department of the Air Force--
            (A) for the Air National Guard of the United States, 
        $242,924,000; and
            (B) for the Air Force Reserve, $36,958,000.
SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
2008 PROJECT.
    The table in section 2601 of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 527) is amended in the item relating to North Kingstown, 
Rhode Island, by striking ``$33,000,000'' in the amount column and 
inserting ``$38,000,000''.
SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
PROJECTS.
    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), the authorizations set forth in 
the table in subsection (b), as provided in section 2601 of that Act, 
shall remain in effect until October 1, 2009, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                          Army National Guard: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or Location              Project               Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Camp Roberts................  Urban Assault Course.......   $1,485,000
Idaho...................................  Gowen Field.................  Railhead, Phase 1..........   $8,331,000
Mississippi.............................  Biloxi......................  Readiness Center...........  $16,987,000
                                          Camp Shelby.................  Modified Record Fire Range.   $2,970,000
Montana.................................  Townsend....................  Automated Qualification       $2,532,000
                                                                         Training Range.
Pennsylvania............................  Philadelphia................  Stryker Brigade Combat Team  $11,806,000
                                                                         Readiness Center.
                                                                        Organizational Maintenance    $6,144,930
                                                                         Shop #7.
----------------------------------------------------------------------------------------------------------------


SEC. 2609. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005 
PROJECT.
    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B of 
Public Law 108-375; 118 Stat. 2116), the authorization set forth in the 
table in subsection (b), as provided in section 2601 of that Act, shall 
remain in effect until October 1, 2009, or the date of the enactment of 
an Act authorizing funds for military construction for fiscal year 
2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

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


          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

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

         Subtitle B--Amendments to Base Closure and Related Laws

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

                        Subtitle C--Other Matters

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

                       Subtitle A--Authorizations

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 
CLOSURE ACCOUNT 1990.
    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for base closure and realignment 
activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and funded through the Department of Defense Base 
Closure Account 1990 established by section 2906 of such Act, in the 
total amount of $458,377,000, as follows:
        (1) For the Department of the Army, $87,855,000.
        (2) For the Department of the Navy, $228,700,000.
        (3) For the Department of the Air Force, $139,155,000.
        (4) For the Defense Agencies, $2,667,000.
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED 
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2703, the Secretary of Defense may carry out 
base closure and realignment activities, including real property 
acquisition and military construction projects, as authorized by the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the 
Department of Defense Base Closure Account 2005 established by section 
2906A of such Act, in the amount of $6,982,334,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 
CLOSURE ACCOUNT 2005.
    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for base closure and realignment 
activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and funded through the Department of Defense Base 
Closure Account 2005 established by section 2906A of such Act, in the 
total amount of $9,065,386,000, as follows:
        (1) For the Department of the Army, $4,486,178,000.
        (2) For the Department of the Navy, $871,492,000.
        (3) For the Department of the Air Force, $1,072,925,000.
        (4) For the Defense Agencies, $2,634,791,000.

        Subtitle B--Amendments to Base Closure and Related Laws

SEC. 2711. MODIFICATION OF ANNUAL BASE CLOSURE AND REALIGNMENT 
REPORTING REQUIREMENTS.
    (a) Termination of Reporting Requirements After Fiscal Year 2014.--
Section 2907 of the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is 
amended--
        (1) by striking ``As part of the budget request for fiscal year 
    2007 and for each fiscal year thereafter'' and inserting ``(a) 
    Reporting Requirement.--As part of the budget request for fiscal 
    year 2007 and for each fiscal year thereafter through fiscal year 
    2016''; and
        (2) by adding at the end the following new subsection:
    ``(b) Termination of Reporting Requirements Related to Realignment 
Actions.--The reporting requirements under subsection (a) shall 
terminate with respect to realignment actions after the report 
submitted with the budget for fiscal year 2014.''.
    (b) Exclusion of Descriptions of Realignment Actions.--Subsection 
(a) of such section, as designated and amended by subsection (a)(1) of 
this section, is further amended--
        (1) in paragraph (1), by striking ``and realignment'' both 
    places it appears;
        (2) in paragraph (2), by striking ``and realignments''; and
        (3) in paragraphs (3), (4), (5), (6), and (7), by striking ``or 
    realignment'' each place it appears.
SEC. 2712. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST AND SCOPE OF 
WORK VARIATIONS FOR MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING 
PROJECTS RELATED TO BASE CLOSURES AND REALIGNMENTS.
    (a) Correction of Citation in Amendatory Language.--
        (1) In general.--Section 2704(a) of the Military Construction 
    Authorization Act for Fiscal Year 2008 (division B of Public Law 
    110-181; 122 Stat. 532) is amended--
            (A) in subsection (a), by striking ``Section 2905A'' and 
        inserting ``Section 2906A''; and
            (B) in subsection (b), by striking ``section 2905A'' and 
        inserting ``section 2906A''.
        (2) Effective date.--The amendments made by paragraph (1) shall 
    take effect on January 28, 2008, as if included in the enactment of 
    section 2704 of the Military Construction Authorization Act for 
    Fiscal Year 2008.
    (b) Correction of Scope or Work Variation Limitation.--Subsection 
(f) of section 2906A of the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), 
as added by section 2704(a) of the Military Construction Authorization 
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
532) and amended by subsection (a), is amended by striking ``20 percent 
or $2,000,000, whichever is greater'' and inserting ``20 percent or 
$2,000,000, whichever is less''.

                       Subtitle C--Other Matters

SEC. 2721. INDEPENDENT DESIGN REVIEW OF NATIONAL NAVAL MEDICAL CENTER 
AND MILITARY HOSPITAL AT FORT BELVOIR.
    (a) Findings.--Congress makes the following findings:
        (1) Military personnel and their families, as well as veterans 
    and retired military personnel living in the National Capital 
    region, deserve to be treated in world class medical facilities.
        (2) World class medical facilities are defined as incorporating 
    the best practices of the premier private health facilities in the 
    country as well as the collaborative input of military health care 
    professionals into a design that supports the unique needs of 
    military personnel and their families.
        (3) The closure of the Walter Reed Army Medical Center in 
    Washington, D.C., and the resulting construction of the National 
    Military Medical Center at the National Naval Medical Center, 
    Bethesda, Maryland, and a new military hospital at Fort Belvoir, 
    Virginia, offer the Department of Defense the opportunity to 
    provide state-of-the-art and world-class medical facilities 
    offering the highest quality of joint service care for members of 
    the Armed Forces and their families.
        (4) Congress has supported a Department of Defense request to 
    expedite the construction of the new facilities at Bethesda and 
    Fort Belvoir in order to provide care in better facilities as 
    quickly as possible.
        (5) The Department of Defense has a responsibility to ensure 
    that the expedited design and construction of such facilities do 
    not result in degradation of the quality standards required for 
    world class facilities.
    (b) Independent Design Review.--
        (1) Establishment of design review panel.--The Secretary of 
    Defense shall establish a panel consisting of medical facility 
    design experts, military healthcare professionals, representatives 
    of premier health care facilities in the United States, and patient 
    representatives--
            (A) to review design plans for the National Military 
        Medical Center and the new military hospital at Fort Belvoir; 
        and
            (B) to advise the Secretary regarding whether the design, 
        in the view of the panel, will achieve the goal of providing 
        world-class medical facilities; and
        (2) Recommendations for changes to design plan.--If the panel 
    determines that the design plans will not meet such goal, the panel 
    shall make recommendations for changes to those plans to ensure the 
    construction of world-class medical facilities.
        (3) Report.--Not later than 90 days after the date of the 
    enactment of this Act, the panel shall submit to the Secretary of 
    Defense a report on the findings and recommendations of the panel 
    to address any deficiencies in the conceptual design plans.
        (4) Assessment of recommendations.--Not later than 30 days 
    after submission of the report under paragraph (3), the Secretary 
    of Defense shall submit to the congressional defense committees a 
    report including--
            (A) an assessment by the Secretary of the findings and 
        recommendations of the panel; and
            (B) the plans of the Secretary for addressing such findings 
        and recommendations.
    (c) Cost Estimate.--
        (1) Preparation.--The Department of Defense shall prepare a 
    cost estimate of the total cost to be incurred by the United States 
    to close Walter Reed Army Medical Center, design and construct 
    replacement facilities at the National Naval Medical Center and 
    Fort Belvoir, and relocate operations to the replacement 
    facilities.
        (2) Submission.--The Secretary of Defense shall submit the 
    resulting cost estimate to the congressional defense committees as 
    soon as possible, but in no case later than 120 days after the date 
    of the enactment of this Act.
    (d) Milestone Schedule.--
        (1) Preparation.--The Secretary of Defense shall prepare a 
    complete milestone schedule for the closure of Walter Reed Army 
    Medical Center, the design and construction of replacement 
    facilities at the National Naval Medical Center and Fort Belvoir, 
    and the relocation of operations to the replacement facilities. The 
    schedule shall include a detailed plan regarding how the Department 
    of Defense will carry out the transition of operations between 
    Walter Reed Army Medical Center and the replacement facilities.
        (2) Submission.--The Secretary of Defense shall submit the 
    resulting milestone schedule and transition plan to the 
    congressional defense committees as soon as possible, but in no 
    case later than 45 days after the date of the enactment of this 
    Act.
SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR REFINERIES OR 
NUCLEAR POWER PLANTS.
    Not later than October 1, 2009, the Secretary of Defense shall 
submit to the congressional defense committees a report evaluating the 
feasibility of using military installations selected for closure under 
the base closure and realignment process as locations for the 
construction of petroleum or natural gas refineries or nuclear power 
plants.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

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

         Subtitle B--Real Property and Facilities Administration

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

           Subtitle C--Provisions Related to Guam Realignment

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

                       Subtitle D--Energy Security

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

                      Subtitle E--Land Conveyances

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

                        Subtitle F--Other Matters

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

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

SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN IN 
DOCUMENTS SUBMITTED AS PART OF PROPOSED MILITARY CONSTRUCTION PROJECTS.
    (a) Definition of Life-Cycle Cost-Effective.--Subsection (c) of 
section 2801 of title 10, United States Code, is amended--
        (1) by transferring paragraph (4) to appear as the first 
    paragraph in the subsection and redesignating such paragraph as 
    paragraph (1);
        (2) by redesignating the subsequent three paragraphs as 
    paragraphs (2), (4), and (5), respectively; and
        (3) by inserting after paragraph (2), as so redesignated, the 
    following new paragraph:
        ``(3) The term `life-cycle cost-effective', with respect to a 
    project, product, or measure, means that the sum of the present 
    values of investment costs, capital costs, installation costs, 
    energy costs, operating costs, maintenance costs, and replacement 
    costs, as estimated for the lifetime of the project, product, or 
    measure, does not exceed the base case (current or standard) for 
    the practice, product, or measure.''.
    (b) Inclusion.--Section 2802 of such title is amended by adding at 
the end the following new subsection:
    ``(c) In determining the scope of a proposed military construction 
project, the Secretary concerned shall submit to the President such 
recommendations as the Secretary considers to be appropriate regarding 
the incorporation and inclusion of life-cycle cost-effective practices 
as an element in the project documents submitted to Congress in 
connection with the budget submitted pursuant to section 1105 of title 
31 for the fiscal year in which a contract is proposed to be awarded 
for the project.''.
SEC. 2802. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO CERTAIN 
DOMESTIC ARMY FAMILY HOUSING LEASES TO REFLECT PREVIOUSLY MADE ANNUAL 
ADJUSTMENTS IN AMOUNT.
    Section 2828(b)(7)(A) of title 10, United States Code, is amended 
by striking ``$18,620 per unit'' and inserting ``$35,000 per unit''.
SEC. 2803. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER BUILD AND 
LEASE AUTHORITY TO HOUSE MEMBERS WITHOUT DEPENDENTS.
    (a) In General.--Subchapter II of chapter 169 of title 10, United 
States Code, is amended by inserting after section 2835 the following 
new section:
``Sec. 2835a. Use of military family housing constructed under build 
     and lease authority to house other members
    ``(a) Individual Assignment of Members Without Dependents.--(1) To 
the extent that the Secretary concerned determines that military family 
housing constructed and leased under section 2835 of this title is not 
needed to house members of the armed forces eligible for assignment to 
military family housing, the Secretary may assign, without rental 
charge, members without dependents to the housing.
    ``(2) A member without dependents who is assigned to housing 
pursuant to paragraph (1) shall be considered to be assigned to 
quarters pursuant to section 403(e) of title 37.
    ``(b) Conversion to Long-Term Leasing of Military Unaccompanied 
Housing.--(1) If the Secretary concerned determines that military 
family housing constructed and leased under section 2835 of this title 
is excess to the long-term needs of the family housing program of the 
Secretary, the Secretary may convert the lease contract entered into 
under subsection (a) of such section into a long-term lease of military 
unaccompanied housing.
    ``(2) The term of the lease contract for military unaccompanied 
housing converted from military family housing under paragraph (1) may 
not exceed the remaining term of the lease contract for the family 
housing so converted.
    ``(c) Notice and Wait Requirements.--(1) The Secretary concerned 
may not convert military family housing to military unaccompanied 
housing under subsection (b) until--
        ``(A) the Secretary submits to the congressional defense 
    committees a notice of the intent to undertake the conversion; and
        ``(B) a period of 21 days has expired following the date on 
    which the notice is received by the committees or, if earlier, a 
    period of 14 days has expired following the date on which a copy of 
    the notice is provided in an electronic medium pursuant to section 
    480 of this title.
    ``(2) The notice required by paragraph (1) shall include--
        ``(A) an explanation of the reasons for the conversion of the 
    military family housing to military unaccompanied housing;
        ``(B) a description of the long-term lease to be converted;
        ``(C) amounts to be paid under the lease; and
        ``(D) the expiration date of the lease.
    ``(d) Application to Housing Leased Under Former Authority.--This 
section also shall apply to housing initially acquired or constructed 
under the former section 2828(g) of this title (commonly known as the 
`Build to Lease program'), as added by section 801 of the Military 
Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat 
782).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 2835 the following new item:

``2835a. Use of military family housing constructed under build and 
          lease authority to house other members.''.
SEC. 2804. LEASING OF MILITARY FAMILY HOUSING TO SECRETARY OF DEFENSE.
    (a) Leasing of Housing.--Subchapter II of chapter 169 of title 10, 
United States Code, is amended by inserting after section 2837 the 
following new section:
``Sec. 2838. Leasing of military family housing to Secretary of Defense
    ``(a) Authority.--(1) The Secretary of a military department may 
lease to the Secretary of Defense military family housing in the 
National Capital Region (as defined in section 2674(f) of this title).
    ``(2) In determining the military housing unit to lease under this 
section, the Secretary of Defense should first consider any available 
military housing units that are already substantially equipped for 
executive communications and security.
    ``(b) Rental Rate.--A lease under subsection (a) shall provide for 
the payment by the Secretary of Defense of consideration in an amount 
equal to 105 percent of the monthly rate of basic allowance for housing 
prescribed under section 403(b) of title 37 for a member of the 
uniformed services in the pay grade of O-10 with dependents assigned to 
duty at the military installation on which the leased housing unit is 
located. A rate so established shall be considered the fair market 
value of the lease interest.
    ``(c) Treatment of Proceeds.--(1) The Secretary of a military 
department shall deposit all amounts received pursuant to leases 
entered into by the Secretary under this section into a special account 
in the Treasury established for such military department.
    ``(2) The proceeds deposited into the special account of a military 
department pursuant to paragraph (1) shall be available to the 
Secretary of that military department, without further appropriation, 
for the maintenance, protection, alteration, repair, improvement, or 
restoration of military housing on the military installation at which 
the housing leased pursuant to subsection (a) is located.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2838. Leasing of military family housing to Secretary of Defense.''.
SEC. 2805. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING 
PRIVATIZATION INITIATIVE PROJECTS.
    (a) Oversight and Accountability.--
        (1) In general.--Subchapter IV of chapter 169 of title 10, 
    United States Code, is amended by adding at the end the following 
    new section:
``Sec. 2885. Oversight and accountability for privatization projects
    ``(a) Oversight and Accountability Measures.--Each Secretary 
concerned shall prescribe regulations to effectively oversee and manage 
military housing privatization projects carried out under this 
subchapter. The regulations shall include the following requirements 
for each privatization project:
        ``(1) The installation asset manager shall conduct monthly site 
    visits and provide quarterly reports on the progress of the 
    construction or renovation of the housing units. The reports shall 
    be submitted quarterly to the assistant secretary for installations 
    and environment of the respective military department.
        ``(2) The installation asset manager, and, as applicable, the 
    resident construction manager, privatization asset manager, 
    bondholder representative, project owner, developer, general 
    contractor, and construction consultant for the project shall 
    conduct meetings to ensure that the construction or renovation of 
    the units meets performance and schedule requirements and that 
    appropriate operating and ground lease agreements are in place and 
    adhered to.
        ``(3) If a project is 90 days or more behind schedule or 
    otherwise appears to be substantially failing to adhere to the 
    obligations or milestones under the contract, the assistant 
    secretary for installations and environment of the respective 
    military department shall submit a notice of deficiency to the 
    Deputy Under Secretary of Defense (Installations and Environment), 
    the Secretary concerned, the managing member, and the trustee for 
    the project.
        ``(4)(A) Not later than 15 days after the submittal of a notice 
    of deficiency under paragraph (3), the Secretary concerned or 
    designated representative shall submit to the project owner, 
    developer, or general contractor responsible for the project a 
    summary of deficiencies related to the project.
        ``(B) If the project owner, developer, or general contractor 
    responsible for the privatization project is unable, within 60 days 
    after receiving a notice of deficiency under subparagraph (A), to 
    make progress on the issues outlined in such notice, the Secretary 
    concerned shall notify the congressional defense committees of the 
    status of the project, and shall provide a recommended course of 
    action to correct the problems.
    ``(b) Required Qualifications.--The Secretary concerned or 
designated representative shall ensure that the project owner, 
developer, or general contractor that is selected for each military 
housing privatization initiative project has construction experience 
commensurate with that required to complete the project.
    ``(c) Bonding Levels.--The Secretary concerned shall ensure that 
the project owner, developer, or general contractor responsible for a 
military housing privatization initiative project has sufficient 
payment and performance bonds or suitable instruments in place for each 
phase of a construction or renovation portion of the project to ensure 
successful completion of the work in amounts as agreed to in the 
project's legal documents, but in no case less than 50 percent of the 
total value of the active phases of the project, prior to the 
commencement of work for that phase.
    ``(d) Reporting of Efforts To Select Successor in Event of 
Default.--In the event a military housing privatization initiative 
project enters into default, the assistant secretary for installations 
and environment of the respective military department shall submit a 
report to the congressional defense committees every 90 days detailing 
the status of negotiations to award the project to a new project owner, 
developer, or general contractor.
    ``(e) Effect of Notices of Deficiency on Contractors and Affiliated 
Entities.--(1) The Secretary concerned shall keep a record of all plans 
of action or notices of deficiency issued to a project owner, 
developer, or general contractor under subsection (a)(4), including the 
identity of each parent, subsidiary, affiliate, or other controlling 
entity of such owner, developer, or contractor.
    ``(2) Each military department shall consult all records maintained 
under paragraph (1) when reviewing the past performance of owners, 
developers, and contractors in the bidding process for a contract or 
other agreement for a military housing privatization initiative 
project.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of such subchapter is amended by adding at the end the following 
    new item:

``2885. Oversight and accountability for privatization projects.''.

    (b) Report for Identifying and Communicating Best Practices for 
Transactions.--Section 2884(b) of such title is amended by adding at 
the end the following new paragraph:
        ``(7) A report on best practices for the execution of housing 
    privatization initiatives, including--
            ``(A) effective means to track and verify proper 
        performance, schedule, and cash flow;
            ``(B) means of overseeing the actions of bondholders to 
        properly monitor construction progress and construction draws;
            ``(C) effective structuring of transactions to ensure the 
        United States Government has adequate abilities to oversee 
        project owner performance;
            ``(D) ensuring that notices to proceed on new work are not 
        issued until proper bonding is in place; and
            ``(E) such other topics that are identified as pertinent by 
        the Department of Defense.''.
    (c) Partnership With Eligible Entity Required.--Section 2871(5) of 
title 10, United States Code, is amended by inserting before the period 
at the end the following: ``that is prepared to enter into a contract 
as a partner with the Secretary concerned for the construction of 
military housing units and ancillary supporting facilities''.
    (d) Competitive Process for Conveyance or Lease of Property.--
Section 2878 of such title is amended--
        (1) by redesignating subsections (c) and (d) as subsections (d) 
    and (e); respectively; and
        (2) by inserting after subsection (b) the following new 
    subsection:
    ``(c) Competitive Process.--The Secretary concerned shall ensure 
that the time, method, and terms and conditions of the reconveyance or 
lease of property or facilities under this section from the eligible 
entity permit full and free competition consistent with the value and 
nature of the property or facilities involved.''.
    (e) Treatment of Acquired or Constructed Housing Units.--
        (1) Repeal of separate assignment authority.--Section 2882 of 
    such title is amended to read as follows:
``Sec. 2882. Effect of assignment of members to housing units acquired 
    or constructed under alternative authority
    ``(a) Treatment as Quarters of the United States.--Except as 
provided in subsection (b), housing units acquired or constructed under 
this subchapter shall be considered as quarters of the United States or 
a housing facility under the jurisdiction of a uniformed service for 
purposes of section 403 of title 37.
    ``(b) Availability of Basic Allowance for Housing.--A member of the 
armed forces who is assigned to a housing unit acquired or constructed 
under this subchapter that is not owned or leased by the United States 
shall be entitled to a basic allowance for housing under section 403 of 
title 37.
    ``(c) Lease Payments Through Pay Allotments.--The Secretary 
concerned may require members of the armed forces who lease housing in 
housing units acquired or constructed under this subchapter to make 
lease payments for such housing pursuant to allotments of the pay of 
such members under section 701 of title 37.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of subchapter IV of chapter 169 of such title is amended by 
    striking the item relating to section 2882 and inserting the 
    following new item:

``2882. Effect of assignment of members to housing units acquired or 
          constructed under alternative authority.''.

    (f) Annual Report on Maintenance and Repair to Privatized General 
and Flag Officer Quarters.--Section 2884(b) of such title, as amended 
by subsection (b), is further amended by adding at the end the 
following new paragraph:
        ``(8) A report identifying each family housing unit acquired or 
    constructed under this subchapter that is used, or intended to be 
    used, as quarters for a general officer or flag officer and for 
    which the total operation, maintenance, and repair costs for the 
    unit exceeded $50,000. For each housing unit so identified, the 
    report shall also include the total of such operation, maintenance, 
    and repair costs.''.
SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR 
CONSTRUCTION PROJECTS INSIDE THE UNITED STATES CENTRAL COMMAND AND 
UNITED STATES AFRICA COMMAND AREAS OF RESPONSIBILITY.
    (a) One-Year Extension of Authority.--Subsection (a) of section 
2808 of the Military Construction Authorization Act for Fiscal Year 
2004 (division B of Public Law 108-136; 117 Stat. 1723), as amended by 
section 2810 of the Military Construction Authorization Act for Fiscal 
Year 2005 (division B of Public Law 108-375; 118 Stat. 2128), section 
2809 of the Military Construction Authorization Act for Fiscal Year 
2006 (division B of Public Law 109-163; 119 Stat. 3508), section 2802 
of the Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109-364; 120 Stat. 2466), and section 2801 of 
the Military Construction Authorization Act for Fiscal Year 2008 
(division B of Public Law 110-181; 122 Stat. 538), is further amended--
        (1) by striking ``2008'' and inserting ``2009''; and
        (2) by striking ``outside the United States'' and inserting 
    ``inside the United States Central Command and United States Africa 
    Command areas of responsibility''.
    (b) Exception for Projects in Afghanistan From Limitation on 
Authority Related to Long-Term United States Presence.--Such 
subsection, as so amended, is further amended by inserting before the 
period at the end of paragraph (2) the following: ``, unless the 
military installation is located in Afghanistan, for which projects 
using this authority may be carried out at installations deemed as 
supporting a long-term presence''.
    (c) Modification of Annual Limitation on Use of Authority.--
Subsection (c) of section 2808 of the Military Construction 
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1723) is amended to read as follows:
    ``(c) Annual Limitation on Use of Authority.--(1) The total cost of 
the construction projects carried out under the authority of this 
section using, in whole or in part, appropriated funds available for 
operation and maintenance shall not exceed $200,000,000 in a fiscal 
year.
    ``(2) If the Secretary of Defense certifies to the congressional 
defense committees that additional construction in Afghanistan is 
required to meet urgent military requirements in Afghanistan, up to an 
additional $300,000,000 in funds available for operation and 
maintenance may be used in Afghanistan upon completing the 
prenotification requirements under subsection (b). Under no 
circumstances shall the total appropriated funds available from 
operation and maintenance for fiscal year 2009 exceed $500,000,000.''.
    (d) Quarterly Reports.--Subsection (d)(1) of such section, as 
amended by section 2810 of the Military Construction Authorization Act 
for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2128) 
and section 2809 of the Military Construction Authorization Act for 
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508), is 
further amended by striking ``30 days'' and inserting ``45 days''.
SEC. 2807. COST-BENEFIT ANALYSIS OF DISSOLUTION OF PATRICK FAMILY 
HOUSING LLC.
    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of the Air Force shall submit to the congressional 
defense committees a cost-benefit analysis of dissolving Patrick Family 
Housing LLC without exercising the full range of rights available to 
the United States Government to recover damages from the partnership.

        Subtitle B--Real Property and Facilities Administration

SEC. 2811. CLARIFICATION OF CONGRESSIONAL REPORTING REQUIREMENTS FOR 
CERTAIN REAL PROPERTY TRANSACTIONS.
    Section 2662(c) of title 10, United States Code, is amended by 
striking ``river and harbor projects or flood control projects'' and 
inserting ``water resource development projects of the Corps of 
Engineers''.
SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY 
DEPARTMENTS AND DEFENSE AGENCIES.
    (a) Consolidation of Separate Authorities.--
        (1) Establishment of single authority.--Subsection (a) of 
    section 2667 of title 10, United States Code, is amended to read as 
    follows:
    ``(a) Lease Authority.--Whenever the Secretary concerned considers 
it advantageous to the United States, the Secretary concerned may lease 
to such lessee and upon such terms as the Secretary concerned considers 
will promote the national defense or to be in the public interest, real 
or personal property that--
        ``(1) is under the control of the Secretary concerned;
        ``(2) is not for the time needed for public use; and
        ``(3) is not excess property, as defined by section 102 of 
    title 40.''.
        (2) Secretary concerned defined.--Subsection (i) of such 
    section is amended by adding at the end the following new 
    paragraph:
        ``(4) The term `Secretary concerned' means--
            ``(A) the Secretary of a military department, with respect 
        to matters concerning that military department; and
            ``(B) the Secretary of Defense, with respect to matters 
        concerning the Defense Agencies.''.
    (b) Prohibition on Leaseback With Excessive Annual Payments.--
Subsection (b) of such section is amended--
        (1) by striking ``and'' at the end of paragraph (5);
        (2) by striking the period at the end of paragraph (6) and 
    inserting ``; and''; and
        (3) by adding at the end the following new paragraph:
        ``(7) may not provide for a leaseback by the Secretary 
    concerned with an annual payment in excess of $500,000.''.
    (c) Improved Congressional Notification Requirements.--Paragraph 
(4) of subsection (c) of such section is amended to read as follows:
    ``(4)(A) Not later than 30 days before issuing a contract 
solicitation or other lease offering under this section for a lease 
whose annual payment, including any in-kind consideration to be 
accepted under subsection (b)(5) or this subsection, will exceed 
$750,000, the Secretary concerned shall submit to the congressional 
defense committees a report containing--
        ``(i) a description of the proposed lease, including the 
    proposed duration of the lease;
        ``(ii) a description of the authorities to be used in entering 
    the lease and the intended participation of the United States in 
    the lease, including a justification of the intended method of 
    participation;
        ``(iii) a statement of the scored cost of the lease, determined 
    using the scoring criteria of the Office of Management and Budget;
        ``(iv) a determination that the property involved in the lease 
    is not excess property, as required by subsection (a)(3), including 
    the basis for the determination;
        ``(v) a determination that the proposed lease is directly 
    compatible with the mission of the military installation or Defense 
    Agency whose property is to be subject to the lease and the 
    anticipated long-term use of the property at the conclusion of the 
    lease; and
        ``(vi) a description of the requirements or conditions within 
    the contract solicitation or other lease offering for the offeror 
    to address taxation issues, including payments-in-lieu-of taxes, 
    and other development issues related to local municipalities.
    ``(B) In the case of a lease described in subparagraph (A), the 
Secretary concerned also shall submit to the congressional defense 
committees a report at least 30 days before the date on which the 
Secretary concerned enters into a lease the following information:
        ``(i) A copy of the report submitted under subparagraph (A).
        ``(ii) A description of the differences between the report 
    submitted under that subparagraph and the new report.
        ``(iii) A description of the lessee payment required under this 
    section.''.
    (d) Conforming Amendments to References to Military Departments and 
Installations.--
        (1) Community support facilities and community support 
    services.--Subsection (d) of such section is amended--
            (A) in paragraph (2), by striking ``Secretary of a military 
        department'' and inserting ``Secretary concerned''; and
            (B) in paragraphs (3), (4), and (6), by striking ``of the 
        military department'' each place it appears.
        (2) Deposit and use of proceeds.--Subsection (e) of such 
    section is amended--
            (A) in paragraph (1)(A)--
                (i) in the matter preceding clause (i)--

                    (I) by striking ``Secretary of a military 
                department'' and inserting ``Secretary concerned''; and
                    (II) by striking ``such military department'' and 
                inserting ``that Secretary''; and

                (ii) in clause (iii), by striking ``military 
            department'' and inserting ``Secretary'';
            (B) in paragraph (1)(B)(i), by striking ``Secretary of a 
        military department'' and inserting ``Secretary concerned'';
            (C) in paragraph (1)(C), by striking ``of a military 
        department pursuant to subparagraph (A) shall be available to 
        the Secretary of that military department'' and inserting 
        ``established for the Secretary concerned shall be available to 
        the Secretary'';
            (D) in paragraph (1)(D)--
                (i) by striking ``of a military department under 
            subparagraph (A)'' and inserting ``established for the 
            Secretary concerned''; and
                (ii) by inserting ``or Defense Agency location'' after 
            ``military installation'';
            (E) in paragraph (1)(E), by striking ``installation'' and 
        inserting ``military installation or Defense Agency location''; 
        and
            (F) in paragraph (3), by striking ``Secretary of a military 
        department'' and inserting ``Secretary concerned''.
        (3) Base closure property.--Subsection (g)(1) of such section 
    is amended by striking ``Secretary of a military department'' and 
    inserting ``Secretary concerned''.
    (e) Repeal of Separate Defense Agency Authority.--
        (1) Repeal.--Section 2667a of such title is repealed.
        (2) Effect on existing contracts.--The repeal of section 2667a 
    of title 10, United States Code, shall not affect the validity or 
    terms of any lease with respect to property of a Defense Agency 
    entered into by the Secretary of Defense under such section before 
    the date of the enactment of this Act.
        (3) Treatment of money rents.--Amounts in any special account 
    established for a Defense Agency pursuant to subsection (d) of 
    section 2667a of title 10, United States Code, before repeal of 
    such section by paragraph (1), and amounts that would be deposited 
    in such an account in connection with a lease referred to in 
    paragraph (2), shall--
            (A) remain available until expended for the purposes 
        specified in such subsection, notwithstanding the repeal of 
        such section by paragraph (1); or
            (B) to the extent provided in appropriations Acts, be 
        transferred to the special account required for the Secretary 
        of Defense by subsection (e) of section 2667 of such title, as 
        amended by subsection (d)(2) of this section.
    (f) Clerical Amendments.--
        (1) Section heading.--The heading of section 2667 of such title 
    is amended to read as follows:
``Sec. 2667. Leases: non-excess property of military departments and 
    Defense Agencies''.
        (2) Table of sections.--The table of sections at the beginning 
    of chapter 159 of such title is amended by striking the items 
    relating to sections 2667 and 2667a and inserting the following new 
    item:

``2667. Leases: non-excess property of military departments and Defense 
          Agencies.''.
SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY.
    Section 2688 of title 10, United States Code, is amended--
        (1) by redesignating subsection (j) as subsection (k); and
        (2) by inserting after subsection (i) the following new 
    subsection:
    ``(j) Construction of Utility Infrastructure After Conveyance of a 
Utility System.--(1) Upon conveyance of a utility system, the Secretary 
of a military department may convey additional utility infrastructure 
under the jurisdiction of the Secretary on a military installation to a 
utility or entity to which a utility system for the installation has 
been conveyed under subsection (a) if the Secretary determines that--
        ``(A) the additional utility infrastructure was constructed or 
    installed after the date of the conveyance of the utility system;
        ``(B) the additional utility infrastructure cannot operate 
    without being a part of the conveyed utility system;
        ``(C) the additional utility infrastructure was planned and 
    coordinated with the entity operating the conveyed utility system; 
    and
        ``(D) the military department receives as consideration an 
    amount equal to the fair market value of the utility infrastructure 
    determined in the same manner as the consideration the Secretary 
    could require under subsection (c) for a conveyance under 
    subsection (a).
    ``(2) The conveyance under this paragraph may consist of all right, 
title, and interest of the United States or such lesser estate as the 
Secretary considers appropriate to serve the interests of the United 
States.''.
SEC. 2814. DEFENSE ACCESS ROADS.
    (a) Basis for Transportation Needs Assessment.--Section 210(a) of 
title 23, United States Code, is amended--
        (1) by striking ``(a)'' and inserting ``(a)(1)''; and
        (2) by adding at the end the following new paragraph:
    ``(2) If it is determined that an action of the Department of 
Defense will cause a significant transportation impact to access to a 
military reservation, the Secretary of Defense shall conduct a 
transportation needs assessment to assess the magnitude of the 
improvement required to address the impact.''.
    (b) Report on Recently Identified Transportation Impacts.--Not 
later than April 1, 2009, the Secretary of Defense shall submit to the 
congressional defense committees and the Committee on Transportation 
and Infrastructure of the House of Representatives a report that 
details the significant transportation impacts resulting from actions 
of the Department of Defense since January 1, 2005. In the report, the 
Secretary shall assess the funding requirements necessary to address 
transportation needs resulting from these significant transportation 
impacts.
SEC. 2815. REPORT ON APPLICATION OF FORCE PROTECTION AND ANTI-TERRORISM 
STANDARDS TO GATES AND ENTRY POINTS ON MILITARY INSTALLATIONS.
    (a) Report Required.--Not later than February 1, 2009, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the implementation of Department of Defense 
Anti-Terrorism/Force Protection standards at gates and entry points of 
military installations.
    (b) Content.--The report required under subsection (a) shall 
include the following:
        (1) A description of the anti-terrorism/force protection 
    standards for gates and entry points.
        (2) An assessment, by installation, of whether the gates and 
    entry points meet anti-terrorism/force protection standards.
        (3) An assessment of whether the standards are met with either 
    temporary or permanent measures, facilities, or equipment.
        (4) A description and cost estimate of each action to be taken 
    by the Secretary of Defense for each installation to ensure 
    compliance with Department of Defense Anti-Terrorism/Force 
    Protection standards using permanent measures and construction 
    methods.
        (5) An investment plan to complete all action required to 
    ensure compliance with the standards described under paragraph (1).

           Subtitle C--Provisions Related to Guam Realignment

SEC. 2821. SENSE OF CONGRESS REGARDING MILITARY HOUSING AND UTILITIES 
RELATED TO GUAM REALIGNMENT.
    (a) Nature of Special Purpose Entities.--It is the sense of 
Congress that any military family housing provided in connection with 
the realignment of military installations and the relocation of 
military personnel on Guam should--
        (1) be operated, to the extent practicable, in the manner 
    provided for public-private ventures under subchapter IV of chapter 
    169 of title 10, United States Code; and
        (2) should be constructed in accordance with current Department 
    of Defense building standards.
    (c) Utility Infrastructure Improvements.--It is the sense of 
Congress that the proposed utility infrastructure improvements on Guam 
should incorporate the civilian and military infrastructure into a 
single grid to realize and maximize the effectiveness of the overall 
utility system, if appropriate cost sharing and quality standards are 
met.
SEC. 2822. FEDERAL ASSISTANCE TO GUAM.
    (a) Sense of Congress.--It is the sense of Congress that the 
Interagency Group on Insular Areas, in coordination with the 
appropriate Federal agencies, should enter into a memorandum of 
understanding with the Government of Guam to identify, before the 
realignment of military installations and the relocation of military 
personnel on Guam, local funding requirements for civilian 
infrastructure development and other needs related to the realignment 
and relocation.
    (b) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees a report on the status of interagency 
coordination through the Interagency Group on Insular Areas of 
budgetary requests to assist the Government of Guam with its budgetary 
requirements related to the realignment of military forces on Guam. The 
report shall address to what extent and how the Interagency Group on 
Insular Areas will be able to coordinate interagency budgets so the 
realignment of military forces on Guam will meet the 2014 completion 
date as stipulated in the May 2006 security agreement between the 
United States and Japan.
    (c) Interagency Group on Insular Areas Defined.--In this section, 
the term ``Interagency Group on Insular Areas'' means the interagency 
group established by Executive Order No. 13299 of May 12, 2003 (68 Fed. 
Reg. 25477; 48 U.S.C. note prec. 1451). The term includes any sub-group 
or working group of that interagency group.
SEC. 2823. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA 
ISLANDS FOR MILITARY BASE REUSE STUDIES AND COMMUNITY PLANNING 
ASSISTANCE.
    (a) Inclusion in Definition of Military Installation.--Section 
2687(e)(1) of title 10, United States Code, is amended by inserting 
after ``Virgin Islands,'' the following: ``the Commonwealth of the 
Northern Mariana Islands,''.
    (b) Inclusion of Facilities Owned and Operated by Commonwealth.--
Section 2391(d)(1) of title 10, United States Code, is amended by 
inserting after ``Guam,'' the following: ``the Commonwealth of the 
Northern Mariana Islands,''.
SEC. 2824. SUPPORT FOR REALIGNMENT OF MILITARY INSTALLATIONS AND 
RELOCATION OF MILITARY PERSONNEL ON GUAM.
    (a) Establishment of Account.--There is established on the books of 
the Treasury an account to be known as the ``Support for United States 
Relocation to Guam Account'' (in this section referred to as the 
``Account'').
    (b) Credits to Account.--
        (1) Amounts in fund.--There shall be credited to the Account 
    all contributions received during fiscal year 2009 and subsequent 
    fiscal years under section 2350k of title 10, United States Code, 
    for the realignment of military installations and the relocation of 
    military personnel on Guam.
        (2) Notice of receipt of contributions.--The Secretary of 
    Defense shall submit to the congressional defense committees 
    written notice of the receipt of contributions referred to in 
    paragraph (1), including the amount of the contributions, not later 
    than 30 days after receiving the contributions.
    (c) Use of Account.--
        (1) Authorized uses.--Subject to paragraph (2), amounts in the 
    Account may be used as follows:
            (A) To carry out or facilitate the carrying out of a 
        transaction authorized by this section in connection with the 
        realignment of military installations and the relocation of 
        military personnel on Guam, including military construction, 
        military family housing, unaccompanied housing, general 
        facilities constructions for military forces, and utilities 
        improvements.
            (B) To carry out improvements of property or facilities on 
        Guam as part of such a transaction.
            (C) To obtain property support services for property or 
        facilities on Guam resulting from such a transaction.
            (D) To develop military facilities or training ranges in 
        the Commonwealth of the Northern Mariana Islands.
        (2) Compliance with guam master plan.--Transactions authorized 
    by paragraph (1) shall be consistent with the Guam Master Plan, as 
    incorporated in decisions made in the manner provided in section 
    102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
    4332).
        (3) Limitation regarding military housing.--To extent that the 
    authorities provided under subchapter IV of chapter 169 of title 
    10, United States Code, are available to the Secretary of Defense, 
    the Secretary shall use such authorities to acquire, construct, or 
    improve family housing units or ancillary supporting facilities in 
    connection with the relocation of military personnel on Guam.
        (4) Special requirements regarding use of contributions.--
            (A) Treatment of contributions.--Except as provided in 
        subparagraph (C), the use of contributions referred to in 
        subsection (b)(1) shall not be subject to conditions imposed on 
        the use of appropriated funds by chapter 169 of title 10, 
        United States Code, or contained in annual military 
        construction appropriations Acts.
            (B) Notice of obligation.--Contributions referred to in 
        subsection (b)(1) may not be obligated for a transaction 
        authorized by paragraph (1) until the Secretary of Defense 
        submits to the congressional defense committees notice of the 
        transaction, including a detailed cost estimate, and a period 
        of 21 days has elapsed after the date on which the notification 
        is received by the committees or, if earlier, a period of 14 
        days has elapsed after the date on which a copy of the 
        notification is provided in an electronic medium.
            (C) Cost and scope of work variations.--Section 2853 of 
        title 10, United States Code, shall apply to the use of 
        contributions referred to in subsection (b)(1).
    (d) Transfer Authority.--
        (1) Transfer to housing funds.--The Secretary of Defense may 
    transfer funds from the Account to the Department of Defense Family 
    Housing Improvement Fund established by section 2883(a)(1) of title 
    10, United States Code.
        (2) Treatment of transferred amounts.--Amounts transferred 
    under paragraph (1) to a fund referred to in that paragraph shall 
    be available in accordance with the provisions of section 2883 of 
    title 10, United States Code for activities on Guam authorized 
    under subchapter IV of chapter 169 of such title.
    (e) Report Regarding Guam Military Construction.--Not later than 
February 15 of each year, the Secretary of Defense shall submit to 
Congress a report containing information on each military construction 
project included in the budget submission for the next fiscal year 
related to the realignment of military installations and the relocation 
of military personnel on Guam. The Secretary shall present the 
information in manner consistent with the presentation of projects in 
the military construction accounts for each of the military departments 
in the budget submission. The report shall also include projects 
associated with the realignment of military installations and 
relocation of military personnel on Guam that are included in the 
future-years defense program pursuant to section 221 of title 10, 
United States Code.
    (f) Sense of Congress.--It is the sense of Congress that the use of 
the Account to facilitate construction projects associated with the 
realignment of military installations and the relocation of military 
personnel on Guam, as authorized by subsection (c)(1), provides a great 
opportunity for business enterprises of the United States and its 
territories to contribute to the United States strategic presence in 
the western Pacific by competing for contracts awarded for such 
construction. Congress urges the Secretary of Defense to ensure maximum 
participation by business enterprises of the United States and its 
territories in such construction.

                      Subtitle D--Energy Security

SEC. 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

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

                  Subtitle B--Fiscal Year 2009 Projects

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

                 Subtitle A--Fiscal Year 2008 Projects

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Alaska.......................  Fort Wainwright..........     $17,000,000
California...................  Fort Irwin...............     $11,800,000
Colorado.....................  Fort Carson..............      $8,400,000
Georgia......................  Fort Gordon..............     $39,800,000
Hawaii.......................  Schofield Barracks.......     $12,500,000
Kentucky.....................  Fort Campbell............      $9,900,000
                               Fort Knox................      $7,400,000
North Carolina...............  Fort Bragg...............      $8,500,000
Oklahoma.....................  Fort Sill................      $9,000,000
Texas........................  Fort Bliss...............     $17,300,000
                               Fort Hood................      $7,200,000
                               Fort Sam Houston.........     $54,000,000
Virginia.....................  Fort Lee.................      $7,400,000
------------------------------------------------------------------------


    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Iraq  .......................  Camp Adder...............     $13,200,000
                               Camp Ramadi..............      $6,200,000
                               Fallujah.................      $5,500,000
------------------------------------------------------------------------


    (c) Authorization of Appropriations.--In addition to funds 
authorized to be appropriated under 2901(c) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 571), funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30, 2007, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount of 
$241,100,000 as follows:
        (1) For military construction projects inside the United States 
    authorized by subsection (a), $210,200,000.
        (2) For military construction projects outside the United 
    States authorized by subsection (b), $24,900,000.
        (3) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $6,000,000.
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (b)(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
California................................  Camp Pendleton....................................        $9,270,000
                                            China Lake........................................        $7,210,000
                                            Point Mugu........................................        $7,250,000
                                            San Diego.........................................       $12,299,000
                                            San Diego Marine Corps Recruit Depot (MCRD).......       $43,200,000
                                            Twentynine Palms..................................       $11,250,000
Florida...................................  Eglin Air Force Base..............................          $780,000
Mississippi...............................  Gulfport..........................................        $6,570,000
North Carolina............................  Camp Lejeune......................................       $27,980,000
Virginia..................................  Yorktown..........................................        $8,070,000
----------------------------------------------------------------------------------------------------------------


    (b) Authorization of Appropriations.--In addition to funds 
authorized to be appropriated under 2902(d) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 572), funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30, 2007, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$137,931,000 as follows:
        (1) For military construction projects inside the United States 
    authorized by subsection (a), $133,879,000.
        (2) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $4,052,000.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
PROJECTS.
    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table:

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


    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(2), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table:

                                      Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
                  Country                                Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Qatar.....................................  Al Udeid..........................................       $60,400,000
----------------------------------------------------------------------------------------------------------------


    (c) Authorization of Appropriations.--In addition to funds 
authorized to be appropriated under 2903(b) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 573), funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30, 2007, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total amount of 
$98,427,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by subsection (a), $36,600,000.
        (2) For military construction projects outside the United 
    States authorized by subsection (b), $60,400,000.
        (3) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $1,427,000.
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
ACQUISITION PROJECTS.
    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (b)(1), the 
Secretary of Defense may acquire real property and carry out the 
military construction project for the installations or locations inside 
the United States, and in the amounts, set forth in the following 
table:

                                   Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
North Carolina............................  Camp Lejeune......................................       $57,900,000
----------------------------------------------------------------------------------------------------------------


    (b) Authorization of Appropriations.--In addition to funds 
authorized to be appropriated under 2904(c) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 573), funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30, 2007, for 
military construction, land acquisition, and military family housing 
functions of the Department of Defense (other than the military 
departments) in the total amount of $110,735,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by subsection (a), $57,900,000.
        (2) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $52,835,000.
SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2008 ARMY 
PROJECTS.
    (a) Termination of Authority.--The table in section 2901(b) of the 
Military Construction Authorization Act for Fiscal Year 2008 (division 
B of Public Law 110-181; 122 Stat. 570), is amended--
        (1) in the item relating to Camp Adder, Iraq, by striking 
    ``$80,650,000'' in the amount column and inserting ``$75,800,000'';
        (2) in the item relating to Camp Anaconda, Iraq, by striking 
    ``$53,500,000'' in the amount column and inserting ``$10,500,000'';
        (3) in the item relating to Camp Victory, Iraq, by striking 
    ``$65,400,000'' in the amount column and inserting ``$60,400,000'';
        (4) by striking the item relating to Tikrit, Iraq; and
        (5) in the item relating to Camp Speicher, Iraq, by striking 
    ``$83,900,000'' in the amount column and inserting ``$74,100,000''.
    (b) Conforming Amendments.--Section 2901(c) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 571) is amended--
        (1) by striking ``$1,257,750,000'' and inserting 
    ``$1,152,100,000''; and
        (2) in paragraph (2), by striking ``$1,055,450,000'' and 
    inserting ``$949,800,000''.

                 Subtitle B--Fiscal Year 2009 Projects

SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (b)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects to construct or renovate warrior transition unit 
facilities at the installations or locations inside the United States 
set forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Various......................  Various locations........    $400,000,000
------------------------------------------------------------------------


    (b) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 2008, 
for military construction, land acquisition, and military family 
housing functions of the Department of the Army in the total amount of 
$450,000,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by subsection (a), $400,000,000.
        (2) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $50,000,000.
    (c) Report Required Before Commencing Certain Projects.--Funds may 
not be obligated for the projects authorized by this section until 14 
days after the date on which the Secretary of Defense submits to the 
congressional defense committees a report containing a detailed 
justification for the projects.
SEC. 2912. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (b)(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects to construct or renovate warrior transition unit 
facilities at the installations or locations inside the United States 
set forth in the following table:

                                         Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Various........................................  Various locations............................       $40,000,000
----------------------------------------------------------------------------------------------------------------


    (b) Authorization of Appropriations.--Subject to section 2825 of 
title 10, United States Code, funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30, 2008, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$50,000,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by subsection (a), $40,000,000.
        (2) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $10,000,000.
    (c) Report Required Before Commencing Certain Projects.--Funds may 
not be obligated for the projects authorized by this section until 14 
days after the date on which the Secretary of Defense submits to the 
congressional defense committees a report containing a detailed 
justification for the projects.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS
      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

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

    Subtitle B--Program Authorizations, Restrictions, and Limitations

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

                           Subtitle C--Reports

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

         Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 2009 for 
the activities of the National Nuclear Security Administration in 
carrying out programs necessary for national security in the amount of 
$9,752,507,000, to be allocated as follows:
        (1) For weapons activities, $6,625,111,000.
        (2) For defense nuclear nonproliferation activities, including 
    $528,782,000 for fissile materials disposition, $1,895,261,000.
        (3) For naval reactors, $828,054,000.
        (4) For the Office of the Administrator for Nuclear Security, 
    $404,081,000.
    (b) Authorization of New Plant Projects.--From funds referred to in 
subsection (a) that are available for carrying out plant projects, the 
Secretary of Energy may carry out new plant projects for the National 
Nuclear Security Administration as follows:
        (1) For readiness in technical base and facilities, the 
    following new plant projects:
            Project 09-D-404, Test Capabilities Revitalization Phase 2, 
        Sandia National Laboratory, Albuquerque, New Mexico, 
        $3,200,000.
            Project 08-D-806, Ion Beam Laboratory Project, Sandia 
        National Laboratory, Albuquerque, New Mexico, $10,014,000.
        (2) For naval reactors, the following new plant projects:
            Project 09-D-902, Naval Reactors Facility Production 
        Support Complex, Naval Reactors Facility, Idaho Falls, Idaho, 
        $8,300,000.
            Project 09-D-190, Project engineering and design, Knolls 
        Atomic Power Laboratory infrastructure upgrades, Knolls Atomic 
        Power Laboratory, Kesselring Site, Schenectady, New York, 
        $1,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2009 for defense environmental cleanup 
activities in carrying out programs necessary for national security in 
the amount of $5,297,256,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2009 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$826,453,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2009 for defense nuclear waste disposal for 
payment to the Nuclear Waste Fund established in section 302(c) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$222,371,000.
SEC. 3105. ENERGY SECURITY AND ASSURANCE.
    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2009 for energy security and assurance programs 
necessary for national security in the amount of $7,622,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR NUCLEAR 
SECURITY TO INCLUDE ELIMINATION OF SURPLUS FISSILE MATERIALS USABLE FOR 
NUCLEAR WEAPONS.
    Section 3212(b) of the National Nuclear Security Administration Act 
(50 U.S.C. 2402(b)) is amended--
        (1) by redesignating paragraph (18) as paragraph (19); and
        (2) by inserting after paragraph (17) the following new 
    paragraph (18):
        ``(18) Eliminating inventories of surplus fissile materials 
    usable for nuclear weapons.''.
SEC. 3112. LIMITATION ON FUNDING FOR PROJECT 04-D-125 CHEMISTRY AND 
METALLURGY RESEARCH REPLACEMENT FACILITY PROJECT, LOS ALAMOS NATIONAL 
LABORATORY, LOS ALAMOS, NEW MEXICO.
    Of the amounts appropriated pursuant to an authorization of 
appropriations in this Act or otherwise made available for fiscal year 
2009 for Project 04-D-125 Chemistry and Metallurgy Research Replacement 
(in this section referred to as ``CMRR'') facility project, Los Alamos 
National Laboratory, Los Alamos, New Mexico, not more than $50,200,000 
may be made available until--
        (1) the Administrator for Nuclear Security and the Defense 
    Nuclear Facilities Safety Board have each submitted a certification 
    to the congressional defense committees stating that the concerns 
    raised by the Defense Nuclear Facilities Safety Board regarding the 
    design of CMRR safety class systems (including ventilation systems) 
    and seismic issues have been resolved; and
        (2) a period of 15 days has elapsed after both certifications 
    under paragraph (1) have been submitted.
SEC. 3113. NONPROLIFERATION AND NATIONAL SECURITY SCHOLARSHIP AND 
FELLOWSHIP PROGRAM.
    (a) Establishment.--The Administrator for Nuclear Security shall 
carry out a program to provide scholarships and fellowships for the 
purpose of enabling individuals to qualify for employment in the 
nonproliferation and national security programs of the Department of 
Energy.
    (b) Eligible Individuals.--An individual shall be eligible for a 
scholarship or fellowship under the program established under this 
section if the individual--
        (1) is a citizen or national of the United States or an alien 
    lawfully admitted to the United States for permanent residence;
        (2) has been accepted for enrollment or is currently enrolled 
    as a full-time student at an institution of higher education (as 
    defined in section 102(a) of the Higher Education Act of 1965 (20 
    U.S.C. 1002(a));
        (3) is pursuing a program of education that leads to an 
    appropriate higher education degree in a qualifying field of study, 
    as determined by the Administrator;
        (4) enters into an agreement described in subsection (c); and
        (5) meets such other requirements as the Administrator 
    prescribes.
    (c) Agreement.--An individual seeking a scholarship or fellowship 
under the program established under this section shall enter into an 
agreement, in writing, with the Administrator that includes the 
following:
        (1) The agreement of the Administrator to provide such 
    individual with a scholarship or fellowship in the form of 
    educational assistance for a specified number of school years (not 
    to exceed five school years) during which such individual is 
    pursuing a program of education in a qualifying field of study, 
    which educational assistance may include payment of tuition, fees, 
    books, laboratory expenses, and a stipend.
        (2) The agreement of such individual--
            (A) to accept such educational assistance;
            (B) to maintain enrollment and attendance in a program of 
        education described in subsection (b)(2) until such individual 
        completes such program;
            (C) while enrolled in such program, to maintain 
        satisfactory academic progress in such program, as determined 
        by the institution of higher education in which such individual 
        is enrolled; and
            (D) after completion of such program, to serve as a full-
        time employee in a nonproliferation or national security 
        position in the Department of Energy or at a laboratory of the 
        Department for a period of not less than 12 months for each 
        school year or part of a school year for which such individual 
        receives a scholarship or fellowship under the program 
        established under this section.
        (3) The agreement of such individual with respect to the 
    repayment requirements specified in subsection (d).
    (d) Repayment.--
        (1) In general.--An individual receiving a scholarship or 
    fellowship under the program established under this section shall 
    agree to pay to the United States the total amount of educational 
    assistance provided to such individual under such program, plus 
    interest at the rate prescribed by paragraph (4), if such 
    individual--
            (A) does not complete the program of education agreed to 
        pursuant to subsection (c)(2)(B);
            (B) completes such program of education but declines to 
        serve in a position in the Department of Energy or at a 
        laboratory of the Department as agreed to pursuant to 
        subsection (c)(2)(D); or
            (C) is voluntarily separated from service or involuntarily 
        separated for cause from the Department of Energy or a 
        laboratory of the Department before the end of the period for 
        which such individual agreed to continue in the service of the 
        Department pursuant to subsection (c)(2)(D).
        (2) Failure to repay.--If an individual who received a 
    scholarship or fellowship under the program established under this 
    section is required to repay, pursuant to an agreement under 
    paragraph (1), the total amount of educational assistance provided 
    to such individual under such program, plus interest at the rate 
    prescribed by paragraph (4), and fails repay such amount, a sum 
    equal to such amount (plus such interest) is recoverable by the 
    United States Government from such individual or the estate of such 
    individual by--
            (A) in the case of an individual who is an employee of the 
        United States Government, setoff against accrued pay, 
        compensation, amount of retirement credit, or other amount due 
        the employee from the Government; or
            (B) such other method as is provided by law for the 
        recovery of amounts owed to the Government.
        (3) Waiver of repayment.--The Administrator may waive, in whole 
    or in part, repayment by an individual under this subsection if the 
    Administrator determines that seeking recovery under paragraph (2) 
    would be against equity and good conscience or would be contrary to 
    the best interests of the United States.
        (4) Rate of interest.--For purposes of repayment under this 
    subsection, the total amount of educational assistance provided to 
    an individual under the program established under this section 
    shall bear interest at the applicable rate of interest under 
    section 427A(c) of the Higher Education Act of 1965 (20 U.S.C. 
    1077a(c)).
    (e) Preference for Cooperative Education Students.--In evaluating 
individuals for the award of a scholarship or fellowship under the 
program established under this section, the Administrator may give a 
preference to an individual who is enrolled in, or accepted for 
enrollment in, an institution of higher education that has a 
cooperative education program with the Department of Energy.
    (f) Coordination of Benefits.--A scholarship or fellowship awarded 
under the program established under this section shall be taken into 
account in determining the eligibility of an individual receiving such 
scholarship or fellowship for Federal student financial assistance 
provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.).
    (g) Report to Congress.--Not later than January 1, 2010, the 
Administrator shall submit to the congressional defense committees a 
report on the activities carried out under the program established 
under this section, including any recommendations for future activities 
under such program.
    (h) Funding.--Of the amounts authorized to be appropriated by 
section 3101(a)(2) for defense nuclear nonproliferation activities, 
$3,000,000 shall be available to carry out the program established 
under this section.
SEC. 3114. ENHANCING NUCLEAR FORENSICS CAPABILITIES.
    (a) Research and Development Plan for Nuclear Forensics and 
Attribution.--
        (1) Research and development.--The Secretary of Energy shall 
    prepare and implement a research and development plan to improve 
    nuclear forensics capabilities in the Department of Energy and at 
    the national laboratories overseen by the Department of Energy. The 
    plan shall focus on improving the technical capabilities required--
            (A) to enable a robust and timely nuclear forensic response 
        to a nuclear explosion or to the interdiction of nuclear 
        material or a nuclear weapon anywhere in the world; and
            (B) to develop an international database that can attribute 
        nuclear material or a nuclear weapon to its source.
        (2) Reports.--
            (A) The Secretary of Energy shall submit to the 
        congressional defense committees--
                (i) not later than 6 months after the date of the 
            enactment of this Act, a report on the contents of the 
            research and development plan described in paragraph (1), 
            and any legislative changes required to implement the plan; 
            and
                (ii) not later than 18 months after the date of the 
            enactment of this Act, a report on the status of 
            implementing the plan.
            (B) The Secretary shall submit each report required by this 
        subsection in unclassified form, but may include a classified 
        annex with such report.
    (b) Additional Information in the Report on Nuclear Forensics 
Capabilities.--Section 3129(b) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 585) is 
amended--
        (1) in paragraph (2), by striking ``and'' at the end;
        (2) in paragraph (3), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(4) any legislative, regulatory, or treaty actions necessary 
    to facilitate international cooperation in enhancement of 
    international nuclear-material databases and the linking of those 
    databases to enable prompt access to data.''.
    (c) Presidential Report.--
        (1) In general.--Not later than 90 days after the date of the 
    enactment of this Act, the President shall submit to the 
    appropriate committees of Congress a report on the involvement of 
    senior-level executive branch leadership in nuclear terrorism 
    preparedness exercises that include nuclear forensics analysis.
        (2) Appropriate committees of congress.--In this subsection, 
    the term ``appropriate committees of Congress'' means--
            (A) the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Homeland Security of the House 
        of Representatives; and
            (B) the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate.
SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL NUCLEAR 
MATERIALS PROTECTION AND COOPERATION PROGRAM AND RUSSIAN PLUTONIUM 
DISPOSITION PROGRAM.
    Section 3114 of the National Defense Authorization Act for Fiscal 
Year 2007 (50 U.S.C. 2301 note) is amended--
        (1) in the heading, by striking ``second line of defense 
    program'' and inserting ``international nuclear materials 
    protection and cooperation program and russian plutonium 
    disposition program'';
        (2) by striking ``Second Line of Defense program'' each place 
    it appears and inserting ``International Nuclear Materials 
    Protection and Cooperation program or Russian Plutonium Disposition 
    program''; and
        (3) in subsection (f), by striking ``2013'' and inserting 
    ``2015''.
SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR 
PROLIFERATION PREVENTION PROGRAM.
    (a) Review of Program.--
        (1) In general.--The Administrator for Nuclear Security shall 
    conduct a review of the Global Initiatives for Proliferation 
    Prevention program.
        (2) Report required.--Not later than October 1, 2009, the 
    Administrator shall submit to the congressional defense committees 
    a report setting forth the results of the review required under 
    paragraph (1). The report shall include each of the following:
            (A) A description of the goals of the Global Initiatives 
        for Proliferation Prevention program and the criteria for 
        partnership projects under the program.
            (B) Recommendations regarding the following:
                (i) Whether to continue or bring to a close each of the 
            partnership projects under the program in existence on the 
            date of the enactment of this Act, and, if any such project 
            is recommended to be continued, a description of how that 
            project will meet the criteria under subparagraph (A).
                (ii) Whether to enter into new partnership projects 
            under the program with Russia or other countries of the 
            former Soviet Union.
                (iii) Whether to enter into new partnership projects 
            under the program in countries other than countries of the 
            former Soviet Union.
            (C) A plan and criteria for completing partnership projects 
        under the program.
    (b) Report on Funding for Projects Under Program.--
        (1) In general.--The Administrator shall submit to the 
    congressional defense committees a report on--
            (A) the purposes for which amounts made available for the 
        Global Initiatives for Proliferation Prevention program for 
        fiscal year 2009 will be obligated or expended; and
            (B) the amount to be obligated or expended for each 
        partnership project under the program in fiscal year 2009.
        (2) Limitation on funding before submittal of report.--None of 
    the amounts authorized to be appropriated for fiscal year 2009 by 
    section 3101(a)(2) for defense nuclear nonproliferation activities 
    and available for the Global Initiatives for Proliferation 
    Prevention program may be obligated or expended until the date that 
    is 30 days after the date on which the Administrator submits to the 
    congressional defense committees the report required under 
    paragraph (1).
SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL NUCLEAR 
ENERGY PARTNERSHIP.
    (a) Limitation.--Of the amounts authorized to be appropriated for 
fiscal year 2009 by section 3101(a)(2) for defense nuclear 
nonproliferation activities, not more than $3,000,000 may be used for 
projects that are specifically designed for the Global Nuclear Energy 
Partnership. Any amount so used may not be expended until 30 days after 
the date on which the Administrator of the National Nuclear Security 
Administration submits to Congress a report that describes in detail 
the full amount of funding that the Administrator plans to expend for 
any effort related to the Global Nuclear Energy Partnership.
    (b) Use of Funds.--Any amount made available pursuant to an 
authorization of appropriations under section 3101(a)(2) that is 
covered by the limitation under subsection (a) shall only be available 
for nonproliferation risk assessments relating to the Global Nuclear 
Energy Partnership and related work on export control reviews and 
determinations.

                          Subtitle C--Reports

SEC. 3121. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL REPORT ON 
DEPARTMENT OF ENERGY PROTECTIVE FORCE MANAGEMENT.
    Section 3124(a)(1) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 580) is amended by 
striking ``Not later than 180 days after the date of the enactment of 
this Act,'' and inserting ``Not later than March 1, 2009,''.
SEC. 3122. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT ISSUED BY THE 
DEPARTMENT OF ENERGY IN 2005.
    (a) In General.--Not later than January 2, 2009, the Secretary of 
Energy shall submit to the congressional defense committees a report 
setting forth the status of the compliance of Department of Energy 
sites with the Design Basis Threat issued by the Department in November 
2005 (in this section referred to as the ``2005 Design Basis Threat'').
    (b) Elements.--The report required by subsection (a) shall include 
the following:
        (1) For each Department of Energy site subject to the 2005 
    Design Basis Threat, an assessment of whether the site has achieved 
    compliance with the 2005 Design Basis Threat.
        (2) For each such site that has not achieved compliance with 
    the 2005 Design Basis Threat--
            (A) a description of the reasons for the failure to achieve 
        compliance;
            (B) a plan to achieve compliance;
            (C) a description of the actions that will be taken to 
        mitigate any security shortfalls until compliance is achieved; 
        and
            (D) an estimate of the annual funding requirements to 
        achieve compliance.
        (3) A list of such sites with Category I nuclear materials that 
    the Secretary determines will not achieve compliance with the 2005 
    Design Basis Threat.
        (4) For each site identified under paragraph (3), a plan to 
    remove all Category I nuclear materials from such site, including--
            (A) a schedule for the removal of such nuclear materials 
        from such site;
            (B) a clear description of the actions that will be taken 
        to ensure the security of such nuclear materials; and
            (C) an estimate of the annual funding requirements to 
        remove such nuclear materials from such site.
        (5) An assessment of the adequacy of the 2005 Design Basis 
    Threat in addressing security threats at Department of Energy 
    sites, and a description of any plans for updating, modifying, or 
    otherwise revising the approach taken by the 2005 Design Basis 
    Threat to establish enhanced security requirements for Department 
    of Energy sites.
SEC. 3123. MODIFICATION OF SUBMITTAL OF REPORTS ON INADVERTENT RELEASES 
OF RESTRICTED DATA.
    (a) In General.--Section 4522 of the Atomic Energy Defense Act (50 
U.S.C. 2672) is amended--
        (1) in subsection (e), by striking ``on a periodic basis'' and 
    inserting ``in each even-numbered year''; and
        (2) in subsection (f), by striking paragraph (2) and inserting 
    the following new paragraph (2):
    ``(2) The Secretary of Energy shall, in each even-numbered year 
beginning in 2010, submit to the committees and Assistant to the 
President specified in subsection (d) a report identifying any 
inadvertent releases of Restricted Data or Formerly Restricted Data 
under Executive Order No. 12958 discovered in the two-year period 
preceding the submittal of the report.''.
    (b) Technical Correction.--Subsection (e) of such section, as 
amended by subsection (a)(1) of this section, is further amended by 
striking ``subsection (b)(4)'' and inserting ``subsection (b)(5)''.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
    There are authorized to be appropriated for fiscal year 2009, 
$25,499,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                  TITLE XXXIV--NAVAL PETROLEUM RESERVE

Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
    (a) Amount.--There is hereby authorized to be appropriated to the 
Secretary of Energy $19,099,000 for fiscal year 2009 for the purpose of 
carrying out activities under chapter 641 of title 10, United States 
Code, relating to the naval petroleum reserves.
    (b) Period of Availability.--Funds appropriated pursuant to the 
authorization of appropriations in subsection (a) shall remain 
available until expended.

                  TITLE XXXV--MARITIME ADMINISTRATION

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

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.
    Funds are hereby authorized to be appropriated for fiscal year 
2009, to be available without fiscal year limitation if so provided in 
appropriations Acts, for the use of the Department of Transportation 
for the Maritime Administration as follows:
        (1) For expenses necessary for operations and training 
    activities, $142,803,000, of which--
            (A) $79,858,000 shall remain available until expended for 
        expenses at the United States Merchant Marine Academy,
            (B) $26,640,000 shall remain available until expended for 
        capital improvements at the United States Merchant Marine 
        Academy, and
            (C) $10,987,000 shall remain available until expended for 
        maintenance and repair of school ships of the State Maritime 
        Academies.
        (2) For expenses to maintain and preserve a United States-flag 
    merchant fleet to serve the national security needs of the United 
    States under chapter 531 of title 46, Unites States Code, 
    $193,500,000, of which $19,500,000 will be available for costs 
    associated with the maintenance reimbursement pilot program under 
    section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 
    note).
        (3) For expenses to dispose of obsolete vessels in the National 
    Defense Reserve Fleet, $18,000,000.
        (4) For the cost (as defined in section 502(5) of the Federal 
    Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees 
    under the program authorized by chapter 537 of title 46, United 
    States Code, $30,000,000.
        (5) For administrative expenses related to the implementation 
    of the loan guarantee program under chapter 537 of title 46, United 
    States Code, administrative expenses related to implementation of 
    the reimbursement program under section 3517 of the Maritime 
    Security Act of 2003 (46 U.S.C. 53101 note), and administrative 
    expenses related to the implementation of the small shipyards and 
    maritime communities assistance program under section 54101 of 
    title 46, United States Code, $6,000,000.
SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE GOVERNMENT OF 
THE UNITED STATES FOR THE PURPOSE OF DISMANTLING, RECYCLING, OR 
SCRAPPING.
    (a) In General.--Except as provided in subsection (b), no vessel 
that is owned by the Government of the United States shall be approved 
for export to a foreign country for purposes of dismantling, recycling, 
or scrapping.
    (b) Exception.--Subsection (a) shall not apply with respect to a 
vessel if the Administrator of the Maritime Administration certifies to 
the Committee on Armed Services of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate that--
        (1) a compelling need for dismantling, recycling, or scrapping 
    the vessel exists;
        (2) there is no available capacity in the United States to 
    conduct the dismantling, recycling, or scrapping of the vessel;
        (3) any dismantling, recycling, or scrapping of the vessel in a 
    foreign country will be conducted in full compliance with 
    environmental, safety, labor, and health requirements for ship 
    dismantling, recycling, or scrapping that are equivalent to the 
    laws of the United States; and
        (4) the export of the vessel under this section will only be 
    for dismantling, recycling, or scrapping of the vessel.
    (c) United States Defined.--In this section the term ``United 
States'' means the States of the United States, Puerto Rico, and Guam.
SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.
    Section 51509(b) of title 46, United States Code, is amended--
        (1) by striking ``$4,000'' and inserting ``$8,000'';
        (2) by inserting ``tuition,'' after ``uniforms,''; and
        (3) by inserting ``before the start of each academic year'' 
    after ``and be paid''.
SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.
    Section 1018 of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2380) is amended to 
read as follows:
``SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.
    ``(a) In General.--The Secretary of Defense may not award, renew, 
extend, or exercise an option to extend any charter of a vessel 
documented under chapter 121 of title 46, United States Code, for the 
Department of Defense, or any contract for the carriage of cargo by a 
vessel documented under that chapter for the Department of Defense, 
unless the charter or contract, respectively, includes provisions 
that--
        ``(1) subject to paragraph (2), allow riding gang members to 
    perform work on the vessel during the effective period of the 
    charter or contract only under terms, conditions, restrictions, and 
    requirements as provided in section 8106 of title 46, United States 
    Code; and
        ``(2) require that riding gang members hold a merchant 
    mariner's document issued under chapter 73 of title 46, United 
    States Code, or a transportation security card issued under section 
    70105 of such title.
    ``(b) Exemption.--
        ``(1) In general.--In accordance with regulations issued by the 
    Secretary of Defense, an individual shall not be treated as a 
    riding gang member for the purposes of section 8106 of title 46, 
    United States Code, and this section if--
            ``(A) the individual is aboard a vessel that is under 
        charter or contract for the carriage of cargo for the 
        Department of Defense, for purposes other than engaging in the 
        operation or maintenance of the vessel; and
            ``(B) the individual--
                ``(i) accompanies, supervises, guards, or maintains 
            unit equipment aboard a ship, commonly referred to as 
            supercargo personnel;
                ``(ii) is one of the force protection personnel of the 
            vessel;
                ``(iii) is a specialized repair technician; or
                ``(iv) is otherwise required by the Secretary of 
            Defense to be aboard the vessel.
        ``(2) Background check.--
            ``(A) In general.--This section shall not apply to an 
        individual unless--
                ``(i) the name and other necessary identifying 
            information for the individual is submitted to the 
            Secretary for a background check; and
                ``(ii) except as provided in subparagraph (B), the 
            individual successfully passes a background check by the 
            Secretary prior to going aboard the vessel.
            ``(B) Waiver.--The Secretary may waive the application of 
        subparagraph (A)(ii) for an individual who holds a merchant 
        mariner's document issued under chapter 73 of title 46, United 
        States Code, or a transportation security card issued under 
        section 70105 of such title.
        ``(3) Exempted individual not treated as in addition to the 
    crew.--An individual who, under paragraph (1), is not treated as a 
    riding gang member shall not be counted as an individual in 
    addition to the crew for the purposes of section 3304 of title 46, 
    United States Code.''.
SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR THE 
MARITIME SECURITY FLEET.
    Section 3517(a) of the Maritime Security Act of 2003 (46 U.S.C. 
53101 note; as amended by section 3503 of the National Defense 
Authorization Act for Fiscal Year 2006 (119 Stat. 3548)) is amended by 
adding at the end the following:
        ``(3) Existing operating agreements.--The Secretary of 
    Transportation shall, subject to the availability of 
    appropriations, seek to enter into an agreement under this section 
    with one or more contractors under an operating agreement under 
    that chapter that is in effect on the date of the enactment of this 
    paragraph, regarding maintenance and repair of all vessels that are 
    subject to the operating agreement.''.
SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT 
PROFESSORS AT THE UNITED STATES MERCHANT MARINE ACADEMY AND FOR OTHER 
PURPOSES.
    (a) In General.--The Maritime Administrator may establish a 
temporary program for the purpose of, subject to the availability of 
appropriations, contracting with individuals as personal services 
contractors to provide services as adjunct professors at the Academy, 
if the Maritime Administrator determines that there is a need for 
adjunct professors and the need is not of permanent duration.
    (b) Contract Requirements.--Each contract under the program--
        (1) must be approved by the Maritime Administrator;
        (2) subject to paragraph (3), shall be for a duration, 
    including options, of not to exceed one year unless the Maritime 
    Administrator finds that exceptional circumstances justify an 
    extension of up to one additional year; and
        (3) shall terminate not later than 6 months after the 
    termination of contract authority under subsection (d).
    (c) Limitation on Number of Contractors.--In awarding contacts 
under the program, the Maritime Administrator shall ensure that not 
more than 25 individuals actively provide services in any one academic 
trimester, or equivalent, as contractors under the program.
    (d) Termination of Contracting Authority.--The authority to award 
contracts under the program shall terminate upon the end of the 
academic year 2008-2009.
    (e) Existing Contracts.--Any contract entered into before the 
effective date of this section for the services of an adjunct professor 
at the Academy shall remain in effect for the trimester (or trimesters) 
for which the services were contracted.
    (f) Definitions.--In this section:
        (1) Academy.--The term ``Academy'' means the United States 
    Merchant Marine Academy.
        (2) Maritime administrator.--The term ``Maritime 
    Administrator'' means the Administrator of the Maritime 
    Administration, or a designee of the Administrator.
        (3) Program.--The term ``program'' means the program 
    established under subsection (a).
    (g) Gifts to the Academy.--
        (1) In general.--Chapter 513 of title 46, United States Code, 
    is amended by adding at the end thereof the following:
``Sec. 51315. Gifts to the Merchant Marine Academy
    ``(a) In General.--The Maritime Administrator may accept and use 
conditional or unconditional gifts of money or property for the benefit 
of the United States Merchant Marine Academy, including acceptance and 
use for non-appropriated fund instrumentalities of the Merchant Marine 
Academy. The Maritime Administrator may accept a gift of services in 
carrying out the Administrator's duties and powers. Property accepted 
under this section and proceeds from that property must be used, as 
nearly as possible, in accordance with the terms of the gift.
    ``(b) Establishment of Academy Gift Fund.--There is established in 
the Treasury a fund, to be known as the `Academy Gift Fund'. 
Disbursements from the Fund shall be made on order of the Maritime 
Administrator. Unless otherwise specified by the terms of the gift, the 
Maritime Administrator may use monies in the Fund for appropriated or 
non-appropriated purposes at the Academy. The Fund consists of--
        ``(1) gifts of money;
        ``(2) income from donated property accepted under this section;
        ``(3) proceeds from the sale of donated property; and
        ``(4) income from securities under subsection (c) of this 
    section.
    ``(c) Investment of Fund Balances.--On request of the Maritime 
Administrator, the Secretary of the Treasury may invest and reinvest 
amounts in the Fund in securities of, or in securities the principal 
and interest of which is guaranteed by, the United States Government.
    ``(d) Disbursement Authority.--There are hereby authorized to be 
disbursed from the Fund such sums as may be on deposit, to remain 
available until expended.
    ``(e) Deductibility of Gifts.--Gifts accepted under this section 
are a gift to or for the use of the Government under the Internal 
Revenue Code of 1986.''.
        (2) Conforming amendment.--The chapter analysis for chapter 513 
    of title 46, United States Code, is amended by adding at the end 
    the following:

``51315. Gifts to the Merchant Marine Academy.''.

    (h) Temporary Appointments to the Academy.--
        (1) In general.--Chapter 513 of title 46, United States Code, 
    as amended by section 3513 of this Act, is further amended by 
    adding at the end thereof the following:
``Sec. 51316. Temporary appointments to the Academy
    ``Notwithstanding any other provision of law, the Maritime 
Administrator may appoint any present employee of the United States 
Merchant Marine Academy non-appropriated fund instrumentality to a 
position on the General Schedule of comparable pay. Eligible personnel 
shall be engaged in work permissibly funded by annual appropriations, 
and such appointments to the Civil Service shall be without regard to 
competition, for a term not to exceed 2 years.''.
        (2) Conforming amendment.--The chapter analysis for chapter 513 
    of title 46, United States Code, as amended by section 3513 of this 
    Act, is further amended by adding at the end the following:

``51316. Temporary appointments to the Academy.''.
SEC. 3507. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE AT THE 
UNITED STATES MERCHANT MARINE ACADEMY.
    (a) Required Policy.--The Secretary of Transportation shall direct 
the Superintendent of the United States Merchant Marine Academy to 
prescribe a policy on sexual harassment and sexual violence applicable 
to the cadets and other personnel of the Academy.
    (b) Matters To Be Specified in Policy.--The policy on sexual 
harassment and sexual violence prescribed under this section shall 
include--
        (1) a program to promote awareness of the incidence of rape, 
    acquaintance rape, and other sexual offenses of a criminal nature 
    that involve cadets or other Academy personnel;
        (2) procedures that a cadet should follow in the case of an 
    occurrence of sexual harassment or sexual violence, including--
            (A) a specification of the person or persons to whom an 
        alleged occurrence of sexual harassment or sexual violence 
        should be reported by a cadet and the options for confidential 
        reporting;
            (B) a specification of any other person whom the victim 
        should contact; and
            (C) procedures on the preservation of evidence potentially 
        necessary for proof of criminal sexual assault;
        (3) a procedure for disciplinary action in cases of alleged 
    criminal sexual assault involving a cadet or other Academy 
    personnel;
        (4) any other sanction authorized to be imposed in a 
    substantiated case of sexual harassment or sexual violence 
    involving a cadet or other Academy personnel in rape, acquaintance 
    rape, or any other criminal sexual offense, whether forcible or 
    nonforcible; and
        (5) required training on the policy for all cadets and other 
    Academy personnel, including the specific training required for 
    personnel who process allegations of sexual harassment or sexual 
    violence involving Academy personnel.
    (c) Annual Assessment.--
        (1) The Secretary shall direct the Superintendent to conduct an 
    assessment at the Academy during each Academy program year, to be 
    administered by the Department of Transportation, to determine the 
    effectiveness of the policies, training, and procedures of the 
    Academy with respect to sexual harassment and sexual violence 
    involving Academy personnel.
        (2) For the assessment at the Academy under paragraph (1) with 
    respect to an Academy program year that begins in an odd-numbered 
    calendar year, the Superintendent shall conduct a survey, to be 
    administered by the Department, of Academy personnel--
            (A) to measure--
                (i) the incidence, during that program year, of sexual 
            harassment and sexual violence events, on or off the 
            Academy reservation, that have been reported to officials 
            of the Academy; and
                (ii) the incidence, during that program year, of sexual 
            harassment and sexual violence events, on or off the 
            Academy reservation, that have not been reported to 
            officials of the Academy; and
            (B) to assess the perceptions of Academy personnel of--
                (i) the policies, training, and procedures on sexual 
            harassment and sexual violence involving Academy personnel;
                (ii) the enforcement of such policies;
                (iii) the incidence of sexual harassment and sexual 
            violence involving Academy personnel; and
                (iv) any other issues relating to sexual harassment and 
            sexual violence involving Academy personnel.
    (d) Annual Report.--
        (1) The Secretary shall direct the Superintendent of the 
    Academy to submit to the Secretary a report on sexual harassment 
    and sexual violence involving cadets or other personnel at the 
    Academy for each Academy program year.
        (2) Each report under paragraph (1) shall include, for the 
    Academy program year covered by the report, the following:
            (A) The number of sexual assaults, rapes, and other sexual 
        offenses involving cadets or other Academy personnel that have 
        been reported to Academy officials during the program year and, 
        of those reported cases, the number that have been 
        substantiated.
            (B) The policies, procedures, and processes implemented by 
        the Superintendent and the leadership of the Academy in 
        response to sexual harassment and sexual violence involving 
        cadets or other Academy personnel during the program year.
            (C) A plan for the actions that are to be taken in the 
        following Academy program year regarding prevention of and 
        response to sexual harassment and sexual violence involving 
        cadets or other Academy personnel.
        (3) Each report under paragraph (1) for an Academy program year 
    that begins in an odd-numbered calendar year shall include the 
    results of the survey conducted in that program year under 
    subsection (c)(2).
        (4)(A) The Superintendent shall transmit to the Secretary, and 
    to the Board of Visitors of the Academy, each report received by 
    the Superintendent under this subsection, together with the 
    Superintendent's comments on the report.
        (B) The Secretary shall transmit each such report, together 
    with the Secretary's comments on the report, to the Senate 
    Committee on Commerce, Science, and Transportation and the House of 
    Representatives Committee on Transportation and Infrastructure.
SEC. 3508. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME COMMUNITIES.
    (a) In General.--Title 46, United States Code, is amended by 
inserting the following new chapter after chapter 539:

                      ``CHAPTER 541--MISCELLANEOUS

``Sec
``54101. Assistance for small shipyards and maritime communities

``Sec. 54101. Assistance for small shipyards and maritime communities
    ``(a) Establishment of Program.--Subject to the availability of 
appropriations, the Administrator of the Maritime Administration shall 
execute agreements with shipyards to provide assistance--
        ``(1) in the form of grants, loans, and loan guarantees to 
    small shipyards for capital improvements; and
        ``(2) for maritime training programs to foster technical skills 
    and operational productivity in communities whose economies are 
    related to or dependent upon the maritime industry.
    ``(b) Awards.--In providing assistance under the program, the 
Administrator shall--
        ``(1) take into account--
            ``(A) the economic circumstances and conditions of maritime 
        communities;
            ``(B) projects that would be effective in fostering 
        efficiency, competitive operations, and quality ship 
        construction, repair, and reconfiguration; and
            ``(C) projects that would be effective in fostering 
        employee skills and enhancing productivity; and
        ``(2) make grants within 120 days after the date of enactment 
    of the appropriations Act for the fiscal year concerned.
    ``(c) Use of Funds.--
        ``(1) In general.--Assistance provided under this section may 
    be used--
            ``(A) to make capital and related improvements in small 
        shipyards located in or near maritime communities;
            ``(B) to provide training for workers in communities whose 
        economies are related to the maritime industry; and
            ``(C) for such other purposes as the Administrator 
        determines to be consistent with and supplemental to such 
        activities.
        ``(2) Administrative costs.--Not more than 2 percent of amounts 
    made available to carry out the program may be used for the 
    necessary costs of grant administration.
    ``(d) Prohibited Uses.--Grants awarded under this section may not 
be used to construct buildings or other physical facilities or to 
acquire land unless such use is specifically approved by the 
Administrator in support of subsection (c)(1)(C).
    ``(e) Matching Requirements; Allocation.--
        ``(1) Federal funding.--Except as provided in paragraph (2), 
    Federal funds for any eligible project under this section shall not 
    exceed 75 percent of the total cost of such project.
        ``(2) Exception.--If the Administrator determines that a 
    proposed project merits support and cannot be undertaken without a 
    higher percentage of Federal financial assistance, the 
    Administrator may award a grant for such project with a lesser 
    matching requirement than is described in paragraph (1).
        ``(3) Allocation of funds.--The Administrator may not award 
    more than 25 percent of the funds appropriated to carry out this 
    section for any fiscal year to any small shipyard in one geographic 
    location that has more than 600 employees.
    ``(f) Applications.--
        ``(1) In general.--To be eligible for assistance under this 
    section, an applicant shall submit an application, in such form, 
    and containing such information and assurances as the Administrator 
    may require, within 60 days after the date of enactment of the 
    appropriations Act for the fiscal year concerned.
        ``(2) Minimum standards for payment or reimbursement.--Each 
    application submitted under paragraph (1) shall include--
            ``(A) a comprehensive description of--
                ``(i) the need for the project;
                ``(ii) the methodology for implementing the project; 
            and
                ``(iii) any existing programs or arrangements that can 
            be used to supplement or leverage assistance under the 
            program.
        ``(3) Procedural safeguards.--The Administrator, in 
    consultation with the Office of the Inspector General, shall issue 
    guidelines to establish appropriate accounting, reporting, and 
    review procedures to ensure that--
            ``(A) grant funds are used for the purposes for which they 
        were made available;
            ``(B) grantees have properly accounted for all expenditures 
        of grant funds; and
            ``(C) grant funds not used for such purposes and amounts 
        not obligated or expended are returned.
        ``(4) Project approval required.--The Administrator may not 
    award a grant under this section unless the Administrator 
    determines that--
            ``(A) sufficient funding is available to meet the matching 
        requirements of subsection (e);
            ``(B) the project will be completed without unreasonable 
        delay; and
            ``(C) the recipient has authority to carry out the proposed 
        project.
    ``(g) Audits and Examinations.--All grantees under this section 
shall maintain such records as the Administrator may require and make 
such records available for review and audit by the Administrator.
    ``(h) Small Shipyard Defined.--In this section, the term `small 
shipyard' means a shipyard facility in one geographic location that 
does not have more than 1,200 employees.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator of the Maritime Administration for 
each of fiscal years 2009 through 2013 to carry out this section--
        ``(1) $5,000,000 for training grants; and
        ``(2) $25,000,000 for capital and related improvements.''.
    (b) Conforming Amendment.--Section 3506 of the National Defense 
Authorization Act for Fiscal Year 2006 (46 U.S.C. 53101 note) is 
repealed.
SEC. 3509. MARINE WAR RISK INSURANCE.
    Section 53912 of title 46, United States Code, is amended by 
striking ``December 31, 2010.'' and inserting ``December 31, 2015.''.
SEC. 3510. MARAD CONSULTATION ON JONES ACT WAIVERS.
    Section 501(b) of title 46, United States Code, is amended to read 
as follows:
    ``(b) By Head of Agency.--When the head of an agency responsible 
for the administration of the navigation or vessel-inspection laws 
considers it necessary in the interest of national defense, the 
individual, following a determination by the Maritime Administrator, 
acting in the Administrator's capacity as Director, National Shipping 
Authority, of the non-availability of qualified United States flag 
capacity to meet national defense requirements, may waive compliance 
with those laws to the extent, in the manner, and on the terms the 
individual, in consultation with the Administrator, acting in that 
capacity, prescribes.''.
SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT PERSONNEL 
AND CERTAIN CARGOES.
    (a) In General.--Section 55305(b) of title 46, United States Code, 
is amended--
        (1) by striking ``country'' and inserting ``country, 
    organization, or persons'';
        (2) by inserting ``or obtaining'' after ``furnishing''; and
        (3) by striking ``commodities,'' the first place it appears and 
    inserting ``commodities, or provides financing in any way with 
    Federal funds for the account of any persons unless otherwise 
    exempted,''.
    (b) Other Agencies.--Section 55305(d) of title 46, United States 
Code, is amended to read as follows:
    ``(d) Programs of Other Agencies.--
        ``(1) Each department or agency that has responsibility for a 
    program under this section shall administer that program with 
    respect to this section under regulations and guidance issued by 
    the Secretary of Transportation. The Secretary, after consulting 
    with the department or agency or organization or person involved, 
    shall have the sole responsibility for determining if a program is 
    subject to the requirements of this section.
        ``(2) The Secretary--
            ``(A) shall conduct an annual review of the administration 
        of programs determined pursuant to paragraph (1) as subject to 
        the requirements of this section;
            ``(B) may direct agencies to require the transportation on 
        United States-flagged vessels of cargo shipments not otherwise 
        subject to this section in equivalent amounts to cargo 
        determined to have been shipped on foreign carriers in 
        violation of this section;
            ``(C) may impose on any person that violates this section, 
        or a regulation prescribed under this section, a civil penalty 
        of not more than $25,000 for each violation willfully and 
        knowingly committed, with each day of a continuing violation 
        following the date of shipment to be a separate violation; and
            ``(D) may take other measures as appropriate under the 
        Federal Acquisition Regulations issued pursuant to section 
        25(c)(1) of the Office of Federal Procurement Policy Act (41 
        U.S.C. 421(c)(1) or contract with respect to each violation.''.
    (c) Regulations.--The Secretary of Transportation shall prescribe 
such rules as are necessary to carry out section 55305(d) of title 46, 
United States Code. The Secretary may prescribe interim rules necessary 
to carry out section 55305(d) of such title. An interim rule prescribed 
under this subsection shall remain in effect until superseded by a 
final rule.
    (d) Change of Year.--Section 55314(a) of title 46, United States 
Code, is amended by striking ``calendar'' each place it appears and 
inserting ``fiscal''.
SEC. 3512. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM.
    (a) In General.--The Secretary of Transportation, acting through 
the Administrator of the Maritime Administration (in this section 
referred to as the ``Administrator''), may establish a Port of Guam 
Improvement Enterprise Program (in this section referred to as the 
``Program'') to provide for the planning, design, and construction of 
projects for the Port of Guam to improve facilities, relieve port 
congestion, and provide greater access to port facilities.
    (b) Authorities of the Administrator.--In carrying out the Program, 
the Administrator may--
        (1) receive funds provided for the Program from Federal and 
    non-Federal entities, including private entities;
        (2) provide for coordination among appropriate governmental 
    agencies to expedite the review process under the National 
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
    projects carried out under the Program;
        (3) provide for coordination among appropriate governmental 
    agencies in connection with other reviews and requirements 
    applicable to projects carried out under the Program; and
        (4) provide technical assistance to the Port Authority of Guam 
    (and its agents) as needed for projects carried out under the 
    Program.
    (c) Port of Guam Improvement Enterprise Fund.--
        (1) Establishment.--There is established in the Treasury of the 
    United States a separate account to be known as the ``Port of Guam 
    Improvement Enterprise Fund'' (in this section referred to as the 
    ``Fund'').
        (2) Deposits.--There shall be deposited into the Fund--
            (A) amounts received by the Administrator from Federal and 
        non-Federal sources under subsection (b)(1);
            (B) amounts transferred to the Administrator under 
        subsection (d); and
            (C) amounts appropriated to carry out this section under 
        subsection (f).
        (3) Use of amounts.--Amounts in the Fund shall be available to 
    the Administrator to carry out the Program.
        (4) Administrative expenses.--Not to exceed 3 percent of the 
    amounts appropriated to the Fund for a fiscal year may be used for 
    administrative expenses of the Administrator.
        (5) Availability of amounts.--Amounts in the Fund shall remain 
    available until expended.
    (d) Transfers of Amounts.--Amounts appropriated or otherwise made 
available for any fiscal year for an intermodal or marine facility 
comprising a component of the Program shall be transferred to and 
administered by the Administrator.
    (e) Limitation.--Nothing in this section shall be construed to 
authorize amounts made available under section 215 of title 23, United 
States Code, or any other amounts made available for the construction 
of highways or amounts otherwise not eligible for making port 
improvements to be deposited into the Fund.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as may be necessary to carry out 
this section

                               Speaker of the House of Representatives.

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