[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3002 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                S. 3002

_______________________________________________________________________

                                 AN ACT


 
     To authorize appropriations for fiscal year 2009 for military 
    activities of the Department of Defense, 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.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees.
            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
                       Subtitle B--Army Programs

Sec. 111. Stryker Mobile Gun System.
Sec. 112. Procurement of small arms.
                       Subtitle C--Navy Programs

Sec. 131. Authority for advanced procurement and construction of 
                            components for the Virginia-class submarine 
                            program.
Sec. 132. Refueling and complex overhaul of the U.S.S. Theodore 
                            Roosevelt.
                     Subtitle D--Air Force Programs

Sec. 151. F-22A fighter aircraft.
               Subtitle E--Joint and Multiservice Matters

Sec. 171. Annual long-term plan for the procurement of aircraft for the 
                            Navy and the Air Force.
         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. Requirement for plan on overhead nonimaging infrared systems.
Sec. 212. Advanced battery manufacturing and technology roadmap.
Sec. 213. Availability of funds for defense laboratories for research 
                            and development of technologies for 
                            military missions.
Sec. 214. Assured funding for certain information security and 
                            information assurance programs of the 
                            Department of Defense.
Sec. 215. Requirements for certain airborne intelligence collection 
                            systems.
                  Subtitle C--Missile Defense Programs

Sec. 231. Review of the ballistic missile defense policy and strategy 
                            of the United States.
Sec. 232. Limitation on availability of funds for procurement, 
                            construction, and deployment of missile 
                            defenses in Europe.
Sec. 233. Airborne Laser system.
Sec. 234. Annual Director of Operational Test and Evaluation 
                            characterization of operational 
                            effectiveness, suitability, and 
                            survivability of the ballistic missile 
                            defense system.
Sec. 235. Independent assessment of boost-phase missile defense 
                            programs.
Sec. 236. Study on space-based interceptor element of ballistic missile 
                            defense system.
Sec. 237. Activation and deployment of AN/TPY-2 forward-based X-band 
                            radar.
                       Subtitle D--Other Matters

Sec. 251. Modification of systems subject to survivability testing by 
                            the Director of Operational Test and 
                            Evaluation.
Sec. 252. Biennial reports on joint and service concept development and 
                            experimentation.
Sec. 253. Repeal of annual reporting requirement relating to the 
                            Technology Transition Initiative.
Sec. 254. Executive agent for printed circuit board technology.
Sec. 255. Report on Department of Defense response to findings and 
                            recommendations of the Defense Science 
                            Board Task Force on Directed Energy 
                            Weapons.
Sec. 256. Assessment of standards for mission critical semiconductors 
                            procured by the Department of Defense.
                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
                  Subtitle B--Environmental Provisions

Sec. 311. Expansion of cooperative agreement authority for management 
                            of natural resources to include off-
                            installation mitigation.
Sec. 312. Reimbursement of Environmental Protection Agency for certain 
                            costs in connection with Moses Lake 
                            Wellfield Superfund Site, Moses Lake, 
                            Washington.
Sec. 313. Comprehensive program for the eradication of the brown tree 
                            snake population from military facilities 
                            in Guam.
                 Subtitle C--Workplace and Depot Issues

Sec. 321. Authority to consider depot-level maintenance and repair 
                            using contractor furnished equipment or 
                            leased facilities as core logistics.
Sec. 322. Minimum capital investment for certain depots.
                          Subtitle D--Reports

Sec. 331. Additional information under annual submissions of 
                            information regarding information 
                            technology capital assets.
                       Subtitle E--Other Matters

Sec. 341. Mitigation of power outage risks for Department of Defense 
                            facilities and activities.
Sec. 342. Increased authority to accept financial and other incentives 
                            related to energy savings and new authority 
                            related to energy systems.
Sec. 343. Recovery of improperly disposed of Department of Defense 
                            property.
              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
                       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. Increased end strengths for Reserves on active duty in 
                            support of the Army National Guard and Army 
                            Reserve and military technicians (dual 
                            status) of the Army National Guard.
Sec. 417. Modification of authorized strengths for Marine Corps Reserve 
                            officers on active duty in the grades of 
                            major and lieutenant colonel to meet new 
                            force structure requirements.
              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.
                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Modification of distribution requirements for commissioned 
                            officers on active duty in general and flag 
                            officer grades.
Sec. 502. Modification of limitations on authorized strengths of 
                            general and flag officers on active duty.
Sec. 503. Clarification of joint duty requirements for promotion to 
                            general or flag grades.
Sec. 504. Modification of authorities on length of joint duty 
                            assignments.
Sec. 505. Technical and conforming amendments relating to modification 
                            of joint specialty requirements.
Sec. 506. Eligibility of reserve officers to serve on boards of inquiry 
                            for separation of regular officers for 
                            substandard performance and other reasons.
Sec. 507. Modification of authority on Staff Judge Advocate to the 
                            Commandant of the Marine Corps.
Sec. 508. Increase in number of permanent professors at the United 
                            States Air Force Academy.
Sec. 509. Service creditable toward retirement for thirty years or more 
                            of service of regular warrant officers 
                            other than regular Army warrant officers.
Sec. 510. Modification of requirements for qualification for issuance 
                            of posthumous commissions and warrants.
                 Subtitle B--Enlisted Personnel Policy

Sec. 521. Increase in maximum period of reenlistment of regular members 
                            of the Armed Forces.
                Subtitle C--Reserve Component Management

Sec. 531. Modification of limitations on authorized strengths of 
                            reserve general and flag officers in active 
                            status.
Sec. 532. Extension to other reserve components of Army authority for 
                            deferral of mandatory separation of 
                            military technicians (dual status) until 
                            age 60.
Sec. 533. Increase in mandatory retirement age for certain Reserve 
                            officers to age 62.
Sec. 534. Authority for vacancy promotion of National Guard and Reserve 
                            officers ordered to active duty in support 
                            of a contingency operation.
Sec. 535. Authority for retention of reserve component chaplains and 
                            medical officers until age 68.
Sec. 536. Modification of authorities on dual duty status of National 
                            Guard officers.
Sec. 537. Modification of matching fund requirements under National 
                            Guard Youth Challenge Program.
Sec. 538. Report on collection of information on civilian skills of 
                            members of the reserve components of the 
                            Armed Forces.
                   Subtitle D--Education and Training

Sec. 551. Authority to prescribe the authorized strength of the United 
                            States Naval Academy.
Sec. 552. Tuition for attendance of certain individuals at the United 
                            States Air Force Institute of Technology.
Sec. 553. Increase in stipend for baccalaureate students in nursing or 
                            other health professions under health 
                            professions stipend program.
Sec. 554. Clarification of discharge or release triggering delimiting 
                            period for use of educational assistance 
                            benefit for reserve component members 
                            supporting contingency operations and other 
                            operations.
Sec. 555. Payment by the service academies of certain expenses 
                            associated with participation in activities 
                            fostering international cooperation.
           Subtitle E--Defense Dependents' Education Matters

Sec. 561. Continuation of authority to assist local educational 
                            agencies that benefit dependents of members 
                            of the Armed Forces and Department of 
                            Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Transition of military dependent students among local 
                            educational agencies.
                 Subtitle F--Military Family Readiness

Sec. 571. Authority for education and training for military spouses 
                            pursuing portable careers.
                       Subtitle G--Other Matters

Sec. 581. Department of Defense policy on the prevention of suicides by 
                            members of the Armed Forces.
Sec. 582. Relief for losses incurred as a result of certain injustices 
                            or errors of the Department of Defense.
Sec. 583. Paternity leave for members of the Armed Forces.
Sec. 584. Enhancement of authorities on participation of members of the 
                            Armed Forces in international sports 
                            competitions.
Sec. 585. Pilot programs on career flexibility to enhance retention of 
                            members of the Armed Forces.
Sec. 586. Prohibition on interference in independent legal advice by 
                            the Legal Counsel to the Chairman of the 
                            Joint Chiefs of Staff.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2009 increase in military basic pay.
           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 bonuses 
                            and special pays.
Sec. 615. Extension of authorities relating to payment of referral 
                            bonuses.
Sec. 616. Permanent extension of prohibition on charges for meals 
                            received at military treatment facilities 
                            by members receiving continuous care.
Sec. 617. Accession and retention bonuses for the recruitment and 
                            retention of psychologists for the Armed 
                            Forces.
Sec. 618. Authority for extension of maximum length of service 
                            agreements for special pay for nuclear-
                            qualified officers extending period of 
                            active service.
Sec. 619. Incentive pay for members of precommissioning programs 
                            pursuing foreign language proficiency.
            Subtitle C--Travel and Transportation Allowances

Sec. 631. Shipment of family pets during evacuation of personnel.
Sec. 632. Special weight allowance for transportation of professional 
                            books and equipment for spouses.
Sec. 633. Travel and transportation allowances for members of the 
                            reserve components of the Armed Forces on 
                            leave for suspension of training.
             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Presentation of burial flag to the surviving spouse and 
                            children of members of the Armed Forces who 
                            die in service.
Sec. 642. Repeal of requirement of reduction of SBP survivor annuities 
                            by dependency and indemnity compensation.
                       Subtitle E--Other Matters

Sec. 651. Separation pay, transitional health care, and transitional 
                            commissary and exchange benefits for 
                            members of the Armed Forces separated under 
                            Surviving Son or Daughter policy.
                   TITLE VII--HEALTH CARE PROVISIONS

                      Subtitle A--TRICARE Program

Sec. 701. Calculation of monthly premiums for coverage under TRICARE 
                            Reserve Select after 2008.
               Subtitle B--Other Health Care Authorities

Sec. 711. Enhancement of medical and dental readiness of members of the 
                            Armed Forces.
Sec. 712. Additional authority for studies and demonstration projects 
                            relating to delivery of health and medical 
                            care.
Sec. 713. Travel for anesthesia services for childbirth for dependents 
                            of members assigned to very remote 
                            locations outside the continental United 
                            States.
                 Subtitle C--Other Health Care Matters

Sec. 721. Repeal of prohibition on conversion of military medical and 
                            dental positions to civilian medical and 
                            dental positions.
  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Inclusion of major subprograms to major defense acquisition 
                            programs under acquisition reporting 
                            requirements.
Sec. 802. Inclusion of certain major information technology investments 
                            in acquisition oversight authorities for 
                            major automated information system 
                            programs.
Sec. 803. Configuration Steering Boards for cost control under major 
                            defense acquisition programs.
             Subtitle B--Acquisition Policy and Management

Sec. 811. Internal controls for procurements on behalf of the 
                            Department of Defense by certain non-
                            defense agencies.
Sec. 812. Contingency Contracting Corps.
Sec. 813. Expedited review and validation of urgent requirements 
                            documents.
Sec. 814. Incorporation of energy efficiency requirements into key 
                            performance parameters for fuel consuming 
                            systems.
  Subtitle C--Amendments Relating to General Contracting Authorities, 
                      Procedures, and Limitations

Sec. 821. Multiyear procurement authority for the Department of Defense 
                            for the purchase of alternative and 
                            synthetic fuels.
Sec. 822. Modification and extension of pilot program for transition to 
                            follow-on contracts under authority to 
                            carry out certain prototype projects.
Sec. 823. Exclusion of certain factors in consideration of cost 
                            advantages of offers for certain Department 
                            of Defense contracts.
          Subtitle D--Department of Defense Contractor Matters

Sec. 831. Database for Department of Defense contracting officers and 
                            suspension and debarment officials.
Sec. 832. Ethics safeguards for employees under certain contracts for 
                            the performance of acquisition functions 
                            closely associated with inherently 
                            governmental functions.
Sec. 833. Information for Department of Defense contractor employees on 
                            their whistleblower rights.
          Subtitle E--Matters Relating to Iraq and Afghanistan

Sec. 841. Performance by private security contractors of inherently 
                            governmental functions in an area of combat 
                            operations.
Sec. 842. Additional contractor requirements and responsibilities 
                            relating to alleged crimes by or against 
                            contractor personnel in Iraq and 
                            Afghanistan.
Sec. 843. Clarification and modification of authorities relating to the 
                            Commission on Wartime Contracting in Iraq 
                            and Afghanistan.
Sec. 844. Comprehensive audit of spare parts purchases and depot 
                            overhaul and maintenance of equipment for 
                            operations in Iraq and Afghanistan.
                       Subtitle F--Other Matters

Sec. 851. Expedited hiring authority for the defense acquisition 
                            workforce.
Sec. 852. Specification of Secretary of Defense as ``Secretary 
                            concerned'' for purposes of licensing of 
                            intellectual property for the Defense 
                            Agencies and defense field activities.
Sec. 853. Repeal of requirements relating to the military system 
                            essential item breakout list.
      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Modification of status of Assistant to the Secretary of 
                            Defense for Nuclear and Chemical and 
                            Biological Defense Programs.
Sec. 902. Participation of Deputy Chief Management Officer of the 
                            Department of Defense on Defense Business 
                            System Management Committee.
Sec. 903. Repeal of obsolete limitations on management headquarters 
                            personnel.
Sec. 904. General Counsel to the Inspector General of the Department of 
                            Defense.
Sec. 905. Assignment of forces to the United States Northern Command 
                            with primary mission of management of the 
                            consequences of an incident in the United 
                            States homeland involving a chemical, 
                            biological, radiological, or nuclear 
                            device, or high-yield explosives.
Sec. 906. Business transformation initiatives for the military 
                            departments.
                       Subtitle B--Space Matters

Sec. 911. Space posture review.
                Subtitle C--Defense Intelligence Matters

Sec. 921. Requirement for officers of the Armed Forces on active duty 
                            in certain intelligence positions.
Sec. 922. Transfer of management of Intelligence Systems Support 
                            Office.
Sec. 923. Program on advanced sensor applications.
                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Incorporation into Act of tables in the report of the 
                            Committee on Armed Services of the Senate.
Sec. 1003. United States contribution to NATO common-funded budgets in 
                            fiscal year 2009.
                Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Government rights in designs of Department of Defense 
                            vessels, boats, craft, and components 
                            developed using public funds.
Sec. 1012. Reimbursement of expenses for certain Navy mess operations.
                  Subtitle C--Counter-Drug Activities

Sec. 1021. Extension of authority for joint task forces to provide 
                            support to law enforcement agencies 
                            conducting counter-terrorism activities.
Sec. 1022. Two-year extension of authority for use of funds for unified 
                            counterdrug and counterterrorism campaign 
                            in Colombia.
         Subtitle D--Miscellaneous Authorities and Limitations

Sec. 1031. Procurement by State and local governments of equipment for 
                            homeland security and emergency response 
                            activities through the Department of 
                            Defense.
Sec. 1032. Enhancement of the capacity of the United States Government 
                            to conduct complex operations.
Sec. 1033. Crediting of admiralty claim receipts for damage to property 
                            funded from a Department of Defense working 
                            capital fund.
Sec. 1034. Minimum annual purchase requirements for airlift services 
                            from carriers participating in the Civil 
                            Reserve Air Fleet.
Sec. 1035. Termination date of base contract for the Navy-Marine Corps 
                            Intranet.
Sec. 1036. Prohibition on interrogation of detainees by contractor 
                            personnel.
Sec. 1037. Notification of Committees on Armed Services with respect to 
                            certain nonproliferation and proliferation 
                            activities.
Sec. 1038. Sense of Congress on nuclear weapons management.
Sec. 1039. Sense of Congress on joint Department of Defense-Federal 
                            Aviation Administration executive committee 
                            on conflict and dispute resolution.
Sec. 1040. Sense of Congress on sale of new outsize cargo, strategic 
                            lift aircraft for civilian use.
                          Subtitle E--Reports

Sec. 1051. Repeal of requirement to submit certain annual reports to 
                            Congress regarding allied contributions to 
                            the common defense.
Sec. 1052. Report on detention operations in Iraq.
Sec. 1053. Strategic plan to enhance the role of the National Guard and 
                            Reserves in the national defense.
Sec. 1054. Review of nonnuclear prompt global strike concept 
                            demonstrations.
Sec. 1055. Review of bandwidth capacity requirements of the Department 
                            of Defense and the intelligence community.
                  Subtitle F--Wounded Warrior Matters

Sec. 1061. Modification of utilization of veterans' presumption of 
                            sound condition in establishing eligibility 
                            of members of the Armed Forces for 
                            retirement for disability.
Sec. 1062. Inclusion of service members in inpatient status in wounded 
                            warrior policies and protections.
Sec. 1063. Clarification of certain information sharing between the 
                            Department of Defense and Department of 
                            Veterans Affairs for wounded warrior 
                            purposes.
Sec. 1064. Additional responsibilities for the wounded warrior resource 
                            center.
Sec. 1065. Responsibility for the Center of Excellence in the 
                            Prevention, Diagnosis, Mitigation, 
                            Treatment and Rehabilitation of Traumatic 
                            Brain Injury to conduct pilot programs on 
                            treatment approaches for traumatic brain 
                            injury.
Sec. 1066. Center of Excellence in the Mitigation, Treatment, and 
                            Rehabilitation of Traumatic Extremity 
                            Injuries and Amputations.
Sec. 1067. Three-year extension of Senior Oversight Committee with 
                            respect to wounded warrior matters.
                       Subtitle G--Other Matters

Sec. 1081. Military salute for the flag during the national anthem by 
                            members of the Armed Forces not in uniform 
                            and by veterans.
Sec. 1082. Modification of deadlines for standards required for entry 
                            to military installations in the United 
                            States.
Sec. 1083. Suspension of statutes of limitations when Congress 
                            authorizes the use of military force.
                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Department of Defense strategic human capital plans.
Sec. 1102. Conditional increase in authorized number of Defense 
                            Intelligence Senior Executive Service 
                            personnel.
Sec. 1103. Enhancement of authorities relating to additional positions 
                            under the National Security Personnel 
                            System.
Sec. 1104. Expedited hiring authority for health care professionals of 
                            the Department of Defense.
Sec. 1105. Election of insurance coverage by Federal civilian employees 
                            deployed in support of a contingency 
                            operation.
Sec. 1106. Permanent extension of Department of Defense voluntary 
                            reduction in force authority.
Sec. 1107. Four-year extension of authority to make lump sum severance 
                            payments with respect to Department of 
                            Defense employees.
Sec. 1108. Authority to waive limitations on pay for Federal civilian 
                            employees working overseas under areas of 
                            United States Central Command.
Sec. 1109. Technical amendment relating to definition of professional 
                            accounting position for purposes of 
                            certification and credentialing standards.
             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Increase in amount available for costs of education and 
                            training of foreign military forces under 
                            Regional Defense Combating Terrorism 
                            Fellowship Program.
Sec. 1202. Authority for distribution to certain foreign personnel of 
                            education and training materials and 
                            information technology to enhance military 
                            interoperability with the Armed Forces.
Sec. 1203. Extension and expansion of authority for support of special 
                            operations to combat terrorism.
Sec. 1204. Modification and extension of authorities relating to 
                            program to build the capacity of foreign 
                            military forces.
Sec. 1205. Extension of authority and increased funding for security 
                            and stabilization assistance.
Sec. 1206. Four-year extension of temporary authority to use 
                            acquisition and cross-servicing agreements 
                            to lend military equipment for personnel 
                            protection and survivability.
Sec. 1207. Authority for use of funds for non-conventional assisted 
                            recovery capabilities.
     Subtitle B--Department of Defense Participation in Bilateral, 
            Multilateral, and Regional Cooperation Programs

Sec. 1211. Availability across fiscal years of funds for military-to-
                            military contacts and comparable 
                            activities.
Sec. 1212. Enhancement of authorities relating to Department of Defense 
                            regional centers for security studies.
Sec. 1213. Payment of personnel expenses for multilateral cooperation 
                            programs.
Sec. 1214. Participation of the Department of Defense in multinational 
                            military centers of excellence.
             Subtitle C--Other Authorities and Limitations

Sec. 1221. Waiver of certain sanctions against North Korea.
                          Subtitle D--Reports

Sec. 1231. Extension and modification of updates on report on claims 
                            relating to the bombing of the Labelle 
                            Discotheque.
Sec. 1232. Report on utilization of certain global partnership 
                            authorities.
  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. Reduction in certain authorizations due to savings from 
                            lower inflation.
                Subtitle B--Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement 
                            Home.
                       Subtitle C--Other Matters

Sec. 1431. Responsibilities for Chemical Demilitarization Citizens' 
                            Advisory Commissions in Colorado and 
                            Kentucky.
Sec. 1432. Modification of definition of ``Department of Defense 
                            sealift vessel'' for purposes of the 
                            National Defense Sealift Fund.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN 
                              AFGHANISTAN

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Military personnel.
Sec. 1510. Working capital funds.
Sec. 1511. Other Department of Defense programs.
Sec. 1512. Afghanistan Security Forces Fund.
Sec. 1513. Treatment as additional authorizations.
Sec. 1514. Special transfer authority.
Sec. 1515. Limitation on use of funds.
Sec. 1516. Requirement for separate display of budget for Afghanistan.
TITLE XVI--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN 
                                  IRAQ

Sec. 1601. Purpose.
Sec. 1602. Army procurement.
Sec. 1603. Navy and Marine Corps procurement.
Sec. 1604. Air Force procurement.
Sec. 1605. Joint Improvised Explosive Device Defeat Fund.
Sec. 1606. Defense-wide activities procurement.
Sec. 1607. Research, development, test, and evaluation.
Sec. 1608. Operation and maintenance.
Sec. 1609. Military personnel.
Sec. 1610. Working capital funds.
Sec. 1611. Defense Health Program.
Sec. 1612. Iraq Freedom Fund.
Sec. 1613. Iraq Security Forces Fund.
Sec. 1614. Treatment as additional authorizations.
Sec. 1615. Limitation on use of funds.
Sec. 1616. Contributions by the Government of Iraq to large-scale 
                            infrastructure projects, combined 
                            operations, and other activities in Iraq.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement for the Army as follows:
            (1) For aircraft, $4,957,435,000.
            (2) For missiles, $2,211,460,000.
            (3) For weapons and tracked combat vehicles, 
        $3,689,277,000.
            (4) For ammunition, $2,303,791,000.
            (5) For other procurement, $11,861,704,000.

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, $14,729,274,000.
            (2) For weapons, including missiles and torpedoes, 
        $3,605,482,000.
            (3) For shipbuilding and conversion, $13,037,218,000.
            (4) For other procurement, $5,516,506,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2009 for procurement for the Marine Corps in the amount 
of $1,495,665,000.
    (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 $1,131,712,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement for the Air Force as follows:
            (1) For aircraft, $13,235,286,000.
            (2) For missiles, $5,556,728,000.
            (3) For ammunition, $895,478,000.
            (4) For other procurement, $16,115,496,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for Defense-wide procurement as follows:
            (1) For Defense-wide procurement, $3,466,928,000.
            (2) For the Rapid Acquisition Fund, $102,045,000.

                       Subtitle B--Army Programs

SEC. 111. STRYKER MOBILE GUN SYSTEM.

    (a) Testing of System.--If the Secretary of the Army makes the 
certification described by subsection (a) of section 117 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-18; 122 Stat. 26) with respect to the Stryker Mobile Gun System, or 
the Secretary of Defense waives pursuant to subsection (b) of such 
section the limitations under subsection (a) of such section with 
respect to the Stryker Mobile Gun System, the Secretary of Defense 
shall, through the Director of Operational Test and Evaluation, ensure 
that the Stryker Mobile Gun System is subject to testing to confirm the 
efficacy of any actions necessary to mitigate operational 
effectiveness, suitability, and survivability deficiencies identified 
in Initial Operational Test and Evaluation and Live Fire Test and 
Evaluation.
    (b) Quarterly Reports.--
            (1) Reports required.--The Secretary of the Army shall 
        submit to the congressional defense committees on a quarterly 
        basis a report setting forth the following:
                    (A) The status of any necessary mitigating actions 
                taken by the Army to address deficiencies in the 
                Stryker Mobile Gun System that are identified by the 
                Director of Operational Test and Evaluation.
                    (B) An assessment of the efficacy of the actions 
                described by subparagraph (A).
                    (C) A statement of additional actions needed to be 
                taken, if any, to mitigate operational deficiencies in 
                the Stryker Mobile Gun System.
                    (D) A compilation of all hostile fire engagements 
                resulting in damage to the vehicle, resulting in a non-
                mission capable status of the Stryker Mobile Gun 
                System.
            (2) Consultation.--The Secretary shall submit each report 
        required by paragraph (1) in consultation with the Director of 
        Operational Test and Evaluation.
            (3) Form.--Each report required by paragraph (1) may be 
        submitted in unclassified or classified form.
    (c) Expansion of Limitation on Availability of Funds for 
Procurement of System.--Section 117(a) of the National Defense 
Authorization Act for Fiscal Year 2008 is amended by striking ``by 
sections 101(3) and 1501(3)'' and inserting ``by this Act or any other 
Act.''.

SEC. 112. PROCUREMENT OF SMALL ARMS.

    (a) Report on Capabilities Based Assessment.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of the Army shall 
        submit to the congressional defense committees a report on the 
        Capabilities Based Assessment of small arms by the Army 
        Training and Doctrine Command.
            (2) Limitation on use of certain funds pending report.--Not 
        more than 75 percent of the aggregate amount authorized to be 
        appropriated for the Department of Defense for fiscal year 2009 
        and available for the Guardrail Common Sensor program may be 
        obligated for that program until after the Secretary of the 
        Army submits to the congressional defense committees a report 
        required under paragraph (1).
    (b) Competition for New Individual Weapon.--
            (1) Competition required.--In the event the Capabilities 
        Based Assessment identifies gaps in the current capabilities of 
        the small arms of the Army 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 through one or more contracts entered into after full 
        and open competition described in paragraph (2).
            (2) Full and open competition.--The full and open 
        competition described in this paragraph is full and open 
        competition among all responsible manufacturers that--
                    (A) is open to all developmental item solutions and 
                nondevelopmental item (NDI) solutions; and
                    (B) provides for the award of the contract or 
                contracts concerned based on selection criteria that 
                reflect the key performance parameters and attributes 
                identified in an Army-approved service requirements 
                document.
    (c) Report on Procurement of Carbine-Type Rifles.--Not later than 
120 days after the date of the enactment of this Act, Secretary of 
Defense shall submit to the congressional defense committees a report 
on the feasibility and advisability of each of the following:
            (1) The certification of a carbine-type rifle requirement 
        that does not require commonality with existing technical data.
            (2) A full and open competition leading to the award of 
        contracts for carbine-type rifles in lieu of a developmental 
        program intended to meet the proposed carbine-type rifle 
        requirement.
            (3) The reprogramming of funds for the procurement of small 
        arms from the procurement of M4 Carbines to the procurement of 
        carbine-type rifles authorized only as the result of 
        competition.
            (4) The use of rapid equipping authority to procure 
        carbine-type rifles under $2,000 per unit that meet service-
        approved requirements, which weapons may be nondevelopmental 
        items selected through full and open competition.

                       Subtitle C--Navy Programs

SEC. 131. 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.''.

SEC. 132. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. THEODORE 
              ROOSEVELT.

    (a) Amount Authorized From SCN Account.--
            (1) In general.--Of the amount authorized to be 
        appropriated for fiscal year 2009 by section 102(a)(3) for 
        shipbuilding and conversion, Navy, $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.
            (2) First increment.--The amount made available under 
        paragraph (1) is the first increment of the three increments of 
        funding planned to be available for the nuclear refueling and 
        complex overhaul of the U.S.S. Theodore Roosevelt.
    (b) Contract Authority.--
            (1) In general.--The Secretary of the Navy may enter into a 
        contract during fiscal year 2009 for the nuclear refueling and 
        complex overhaul of the U.S.S. Theodore Roosevelt.
            (2) Condition on out-year contract payments.--The contract 
        entered into under paragraph (1) 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 such 
        fiscal year.

                     Subtitle D--Air Force Programs

SEC. 151. F-22A FIGHTER AIRCRAFT.

    (a) Availability of Funds.--Subject to subsection (b), of the 
amount authorized to be appropriated by section 103(1) for procurement 
of aircraft for the Air Force, $497,000,000 shall be available, at the 
election of the President, for either, but not both, of the following:
            (1) Advance procurement of F-22A fighter aircraft in fiscal 
        year 2010.
            (2) Winding down of the production line for F-22A fighter 
        aircraft.
    (b) Certification.--
            (1) In general.--The amount referred to in subsection (a) 
        shall not be available for the purpose elected by the President 
        under that subsection until the President certifies to the 
        congressional defense committees the following (as applicable):
                    (A) That procurement of F-22A fighter aircraft is 
                in the national interests of the United States.
                    (B) That the winding down of the production line 
                for F-22A fighter aircraft is in the national interests 
                of the United States.
            (2) Date of submittal.--Any certification submitted under 
        this subsection may not be submitted before January 21, 2009.

               Subtitle E--Joint and Multiservice Matters

SEC. 171. 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.''.

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

              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, $10,855,210,000.
            (2) For the Navy, $19,442,192,000.
            (3) For the Air Force, $28,322,477,000.
            (4) For Defense-wide activities, $21,113,501,000, 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, $11,895,180,000 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. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING INFRARED SYSTEMS.

    (a) In General.--The Secretary of the Air Force 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) An estimate of the duration of the research, 
        development, and demonstration of technologies under the plan.
            (3) The cost and duration of any flight or on-orbit 
        demonstrations of the technologies being developed.
            (4) A plan for implementing an acquisition program with 
        respect to technologies determined to be successful under the 
        plan.
            (5) An identification of the date by which a decision must 
        be made to begin a follow-on program and a justification for 
        the date identified.
            (6) 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 the congressional 
defense committees the plan required by subsection (a).

SEC. 212. ADVANCED BATTERY MANUFACTURING AND TECHNOLOGY ROADMAP.

    (a) Roadmap Required.--The Secretary of Defense shall, in 
coordination with the Secretary of Energy, develop a multi-year roadmap 
to develop advanced battery technologies and sustain domestic advanced 
battery manufacturing capabilities and an assured supply chain 
necessary to ensure that the Department of Defense has assured access 
to advanced battery 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 battery 
        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) Specific mechanisms for coordinating the activities of 
        Federal agencies, State and local governments, coalition 
        partners, private industry, and academia covered by the 
        roadmap.
            (4) 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.

SEC. 213. AVAILABILITY OF FUNDS FOR DEFENSE LABORATORIES FOR RESEARCH 
              AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS.

    (a) Availability of Funds.--
            (1) In general.--The Secretary of Defense shall, in 
        consultation with the Secretaries of the military departments, 
        establish mechanisms under which the director of a defense 
        laboratory may utilize an amount 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 
                at the defense laboratory in support of 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 scientific and 
                engineering expertise required by the defense 
                laboratory.
            (2) Consultation required.--The mechanisms established 
        under paragraph (1) shall provide that funding shall be 
        utilized 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 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 current description of the mechanisms under 
                subsection (a).
                    (B) A statement of the amount of funding made 
                available by each defense laboratory for research and 
                development described in subsection (a)(1).
                    (C) A description of the investments made by each 
                defense laboratory utilizing funds under subsection 
                (a).
                    (D) A description and assessment of any 
                improvements in the performance of the defense 
                laboratories as a result of investments described under 
                subparagraph (C).
                    (E) A description and assessment of the 
                contributions of the research and development conducted 
                by the defense laboratories utilizing funds under 
                subsection (a) to the development of needed military 
                capabilities.
                    (F) A description of any modification to the 
                mechanisms under subsection (a) that are required or 
                proposed to be taken to enhance the efficacy of the 
                authority under subsection (a) to support military 
                missions.

SEC. 214. ASSURED FUNDING FOR CERTAIN INFORMATION SECURITY AND 
              INFORMATION ASSURANCE PROGRAMS OF THE DEPARTMENT OF 
              DEFENSE.

    (a) In General.--Of the amount authorized to be appropriated for 
each fiscal year after fiscal year 2008 for a program specified in 
subsection (b), not less than the amount equal to one percent of such 
amount shall be available in such fiscal year for the establishment or 
conduct under such program of a program or activities to--
            (1) anticipate advances in information technology that will 
        create information security challenges for the Department of 
        Defense when fielded; and
            (2) identify and develop solutions to such challenges.
    (b) Covered Programs.--The programs specified in this subsection 
are the programs described in the budget justification documents 
submitted to Congress in support of the budget of the President for 
fiscal year 2009 (as submitted pursuant to section 1105(a) of title 31, 
United States Code) as follows:
            (1) The Information Systems Security Program of the 
        Department of Defense.
            (2) Each other Department of Defense information assurance 
        program.
            (3) Any program of the Department of Defense under the 
        Comprehensive National Cybersecurity Initiative that is not 
        funded by the National Intelligence Program.
    (c) Supplement Not Supplant.--Amounts available under subsection 
(a) for a fiscal year for the programs and activities described in that 
subsection are in addition to any other amounts available for such 
fiscal year for the programs specified in subsection (b) for research 
and development relating to new information assurance technologies.

SEC. 215. 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.

                  Subtitle C--Missile Defense Programs

SEC. 231. 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, but not be limited to, 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 organization, discharge, and oversight of 
        acquisition for the ballistic missile defense programs of the 
        United States.
            (4) The roles and responsibilities of the military 
        departments in the ballistic missile defense programs of the 
        United States.
            (5) The process for determining requirements for missile 
        defense capabilities under the ballistic missile defense 
        programs of the United States, including input from the joint 
        military requirements process.
            (6) The process for determining the force structure and 
        inventory objectives for the ballistic missile defense programs 
        of the United States.
            (7) Standards for the military utility, operational 
        effectiveness, suitability, and survivability of the ballistic 
        missile defense systems of the United States.
            (8) The affordability and cost-effectiveness of particular 
        capabilities under the ballistic missile defense programs of 
        the United States.
            (9) The objectives, requirements, and standards for test 
        and evaluation with respect to the ballistic missile defense 
        programs of the United States.
            (10) Accountability, transparency, and oversight with 
        respect to the ballistic missile defense programs of the United 
        States.
            (11) The role of international cooperation on missile 
        defense in the ballistic missile defense policy and strategy of 
        the United States.
    (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. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT, 
              CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN 
              EUROPE.

    (a) In General.--No funds authorized to be appropriated by this Act 
may be obligated or expended for procurement, site activation, 
construction, preparation of equipment for, or deployment of major 
components of a long-range missile defense system in a European country 
until each of the following conditions have been met:
            (1) The government of the country in which such major 
        components of such missile defense system (including 
        interceptors and associated radars) are proposed to be deployed 
        has given final approval (including parliamentary ratification) 
        to any missile defense agreements negotiated between such 
        government and the United States Government concerning the 
        proposed deployment of such components in such country.
            (2) 45 days have elapsed following the receipt by Congress 
        of the report required by section 226(c) 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 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 Congress 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 accomplishing its mission in an operationally effective 
manner.
    (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. 233. 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 shootdown 
        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 authorized to be appropriated 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 Secretary of Defense, after receiving the assessment 
of the Director of Operational Test and Evaluation 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.

SEC. 234. 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. 235. INDEPENDENT ASSESSMENT OF BOOST-PHASE MISSILE DEFENSE 
              PROGRAMS.

    (a) Independent Assessment Required.--Not later than 60 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
enter into a contract with the National Academy of Sciences under which 
the Academy shall conduct an independent assessment of the boost-phase 
ballistic missile defense programs of the United States.
    (b) Elements.--The assessment required by subsection (a) shall 
consider the following:
            (1) The extent to which boost-phase missile defense is 
        feasible, practical, and affordable.
            (2) Whether any of the existing boost-phase missile defense 
        technology demonstration efforts of the Department of Defense 
        (particularly 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, survivable, and affordable manner.
    (c) Factors To Be Considered.--In conducting the assessment 
required by subsection (a), the factors considered by the National 
Academy of Sciences shall include, but not be limited to, the 
following:
            (1) Operational considerations, including the need and 
        ability to be deployed in a particular operational position at 
        a particular time to be effective.
            (2) Geographic considerations, including limitations on the 
        ability to deploy systems within operational range of potential 
        targets.
            (3) Command and control considerations, including short 
        timelines for detection, decision-making, and engagement.
            (4) Concepts of operations.
            (5) Whether there is a potential for an engaged threat 
        missile or warhead to land on an unintended target outside of 
        the launching nation.
            (6) Effectiveness against countermeasures, and mission 
        effectiveness in destroying threat missiles and their warheads.
            (7) Reliability, availability, and maintainability.
            (8) Cost and cost-effectiveness.
            (9) Force structure requirements.
    (d) Report.--
            (1) In general.--Upon the completion of the assessment 
        required by subsection (a), the National Academy of Sciences 
        shall submit to the Secretary of Defense and the congressional 
        defense committees a report on the results of the assessment. 
        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.
    (e) Funding.--Of the amount authorized to be appropriated for 
fiscal year 2009 by section 201(4) for research, development, test, and 
evaluation for Defense-wide activities and available for the Missile 
Defense Agency, $3,500,000 is available for the assessment required by 
subsection (a).

SEC. 236. STUDY ON SPACE-BASED INTERCEPTOR ELEMENT OF BALLISTIC MISSILE 
              DEFENSE SYSTEM.

    (a) In General.--Not later than 75 days after the date of the 
enactment of this Act, the Secretary of Defense shall, after 
consultation with the chair and ranking member of the Committee on 
Armed Services of the Senate and of the Committee on Armed Services of 
the House of Representatives, enter into a contract with one or more 
independent entities under which the entity or entities shall conduct 
an independent assessment of the feasibility and advisability of 
developing a space-based interceptor element to the ballistic missile 
defense system.
    (b) Elements.--The study required under subsection (a) shall 
include the following:
            (1) An assessment of the need for a space-based interceptor 
        element to the ballistic missile defense system, including an 
        assessment of--
                    (A) the extent to which there is a ballistic 
                missile threat that--
                            (i) such a space-based interceptor element 
                        would address; and
                            (ii) other elements of the ballistic 
                        missile defense system would not address;
                    (B) whether other elements of the ballistic missile 
                defense system could be modified to meet the threat 
                described in subparagraph (A) and the modifications 
                necessary for such elements to meet that threat; and
                    (C) any other alternatives to the development of 
                such a space-based interceptor element.
            (2) An assessment of the components and capabilities and 
        the maturity of critical technologies necessary to make such a 
        space-based interceptor element operational.
            (3) An estimate of the total cost for the life cycle of 
        such a space-based interceptor element, including the costs of 
        research, development, demonstration, procurement, deployment, 
        and launching of the element.
            (4) An assessment of the effectiveness of such a space-
        based interceptor element in intercepting ballistic missiles 
        and the survivability of the element in case of attack.
            (5) An assessment of possible debris generated from the use 
        or testing of such a space-based interceptor element and any 
        effects of such use or testing on other space systems.
            (6) An assessment of any treaty or policy implications of 
        the development or deployment of such a space-based interceptor 
        element.
            (7) An assessment of any command, control, or battle 
        management considerations of using such a space-based 
        interceptor element, including estimated timelines for the 
        detection of ballistic missiles, decisionmaking with respect to 
        the use of the element, and interception of the missile by the 
        element.
    (c) Report.--
            (1) Submittal.--Upon completion of the independent 
        assessment required under subsection (a), the entity or 
        entities conducting the assessment shall submit 
        contemporaneously to the Secretary of Defense, the Committee on 
        Armed Services of the Senate, and the Committee on Armed 
        Services of the House of Representatives a report setting forth 
        the results of the assessment.
            (2) Comments.--Not later than 60 days after the date on 
        which the Secretary of Defense receives the report required 
        under paragraph (1), the Secretary may submit to the Committee 
        on Armed Services of the Senate and the Committee on Armed 
        Services of the House of Representatives any comments on the 
        report or any recommendations of the Secretary resulting from 
        the report.
            (3) Form.--The report required under paragraph (1) and any 
        comments and recommendations submitted under paragraph (2) 
        shall be submitted in unclassified form, but may include a 
        classified annex.
    (d) Funding.--Of the amount authorized to be appropriated for 
fiscal year 2009 by section 201(4) for research, development, test, and 
evaluation for Defense-wide activities and available for the Missile 
Defense Agency, $5,000,000 shall be available to carry out the study 
required under subsection (a).

SEC. 237. 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--Other Matters

SEC. 251. MODIFICATION OF SYSTEMS SUBJECT TO SURVIVABILITY TESTING 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 by striking ``or conventional weapon system'' 
and inserting ``conventional weapon system, or other system or program 
designated by the Director of Operational Test and Evaluation for 
purposes of this section''.
    (b) 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. 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 Commander of the United States Joint Forces 
Command 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 authority and responsibilities of the 
                Commander of the United States Joint Forces Command 
                with respect to joint concept development and 
                experimentation.
                    ``(B) The organization of the Department of Defense 
                responsible for executing the mission of joint concept 
                development and experimentation.
                    ``(C) 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 
                Commander over those forces.
                    ``(D) The resources provided for initial 
                implementation of joint concept development and 
                experimentation, the process for providing such 
                resources to the Commander, the categories of funding 
                for joint concept development and experimentation, and 
                the authority of the Commander for budget execution for 
                joint concept development and experimentation 
                activities.
                    ``(E) The process for the development and 
                acquisition of materiel, supplies, services, and 
                equipment necessary for the conduct of joint concept 
                development and experimentation.
                    ``(F) The process for designing, preparing, and 
                conducting joint concept development and 
                experimentation.
                    ``(G) The assigned role of the Commander 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 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 commanders of other combatant commands and with 
                other organizations and entities inside and outside the 
                Department.
            ``(3) A description of the conduct of concept development 
        and experimentation activities 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 commanders of the combatant commands and with 
                other organizations and entities inside and outside the 
                Department.
            ``(4) A description of the conduct of joint concept 
        development and experimentation, and of concept development and 
        experimentation 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 commanders of 
                other combatant commands and with other organizations 
                and entities inside and outside the Department.
            ``(5) A description of the mechanisms used to coordinate 
        joint, service, interagency, Coalition, and other appropriate 
        concept development and experimentation activities.
            ``(6) 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 by the Secretary of 
                Defense to implement the recommendations of the 
                Commander based on concept development and 
                experimentation activities.
            ``(7) Such recommendations (based primarily based on the 
        results of joint and service concept development and 
        experimentation) as the Commander 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.
            ``(8) 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 Commander considers 
        appropriate regarding--
                    ``(A) the conduct of, adequacy of resources for, or 
                development of technologies to support such 
                capabilities; and
                    ``(B) changes in authority for acquisition of 
                materiel, supplies, services, equipment, and support 
                from other elements of the Department of Defense for 
                concept development and experimentation by joint or 
                service organizations.
            ``(9) 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.
            ``(10) Any other matters that the Commander 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 the 
Commander of the United States Joint Forces Command such information 
and support as is required to enable the Commander to prepare the 
reports required by subsection (a).''.
    (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. 253. REPEAL OF ANNUAL REPORTING REQUIREMENT RELATING TO THE 
              TECHNOLOGY TRANSITION INITIATIVE.

    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. 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 of the Department of Defense for printed circuit board 
technology.
    (b) Specification of Roles, Responsibilities, and Authorities.--The 
roles, responsibilities, and authorities of the Executive Agent 
designated under subsection (a) shall be as described in a directive 
issued by the Secretary of Defense for purposes of this section not 
later than one year after the date of the enactment of this Act.
    (c) Particular Roles and Responsibilities.--The roles and 
responsibilities described under subsection (b) for the Executive Agent 
designated under subsection (a) shall include the following:
            (1) To develop and maintain a printed circuit board and 
        interconnect technology roadmap that assures that the 
        Department of Defense has access to manufacturing capabilities 
        and expertise and technological capabilities necessary to meet 
        future military requirements.
            (2) To develop and recommend to the Secretary of Defense 
        funding strategies that meet the recapitalization and 
        investment requirements of the Department for printed circuit 
        board and interconnect technology, which strategies shall be 
        consistent with the roadmap developed under paragraph (1).
            (3) To assure that continuing expertise in printed circuit 
        board technical is available to the Department.
            (4) To assess 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 in that supply chain that are 
        identified as a result of such assessment.
            (5) To support technical assessments and analyses, 
        especially with respect to acquisition decisions and planning, 
        relating to printed circuit boards
            (6) Such other roles and responsibilities as the Secretary 
        considers appropriate.
    (d) Resources and Authorities.--The Secretary of Defense shall 
ensure that the Executive Agent designated under subsection (a) has the 
appropriate resources and authorities to perform the roles and 
responsibilities of the Executive Agent under this section.
    (e) Support Within Department of Defense.--The Secretary of Defense 
shall ensure that the Executive Agent designated under subsection (a) 
has such support from the military departments, Defense Agencies, and 
other components of the Department of Defense as is required for the 
Executive Agent to perform the roles and responsibilities of the 
Executive Agent under this section.

SEC. 255. 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, 
                        if any, the Secretary plans to take to address 
                        the purposes underlying such recommendation, if 
                        any.
            (3) A summary of any additional actions, if any, the 
        Secretary plans to take to address concerns raised by the Task 
        Force, if any.

SEC. 256. ASSESSMENT OF STANDARDS FOR MISSION CRITICAL SEMICONDUCTORS 
              PROCURED BY THE DEPARTMENT OF DEFENSE.

    (a) Assessment of Methods for Verification of Trust of 
Semiconductors Procured From Commercial Sources.--The Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall conduct an 
assessment of various methods for verification of trust of the 
semiconductors procured by the Department of Defense from commercial 
sources for utilization in mission critical components of potentially 
vulnerable defense systems.
    (b) Elements.--The assessment required by subsection (a) shall 
include the following:
            (1) An identification of various existing methods for 
        verification of trust of semiconductors that are suitable for 
        Department of Defense purposes as described in subsection (a).
            (2) An identification of various methods for verification 
        of trust of semiconductors that are currently under development 
        and have promise for suitability for Department of Defense 
        purposes as described in subsection (a), including methods 
        under development at the Defense Agencies, the national 
        laboratories, and institutions of higher education, and in the 
        private sector.
            (3) A determination of the most suitable methods identified 
        under paragraphs (1) and (2) for Department of Defense purposes 
        as described in subsection (a).
            (4) An assessment of additional research and technology 
        development efforts necessary to develop methods for 
        verification of trust of semiconductors to meet the needs of 
        the Department of Defense.
            (5) Any other matters that the Under Secretary considers 
        appropriate for the verification of trust of semiconductors 
        from commercial sources for utilization in mission critical 
        components of any category or categories of vulnerable defense 
        systems.
    (c) Consultation.--The Under Secretary shall conduct the assessment 
required by subsection (a) in consultation with appropriate elements of 
the Department of Defense, the intelligence community, private 
industry, and academia.
    (d) Effective Date.--The assessment required by subsection (a) 
shall be completed not later than December 31, 2009.
    (e) Update.--The Under Secretary shall from time to time update the 
assessment required by subsection (a) to take into account advances in 
technology.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense, for expenses, not otherwise provided for, 
for operation and maintenance, in amounts as follows:
            (1) For the Army, $31,282,460,000.
            (2) For the Navy, $34,811,598,000.
            (3) For the Marine Corps, $5,607,354,000.
            (4) For the Air Force, $35,244,587,000.
            (5) For Defense-wide activities, $25,926,564,000.
            (6) For the Army Reserve, $2,642,641,000.
            (7) For the Navy Reserve, $1,311,085,000.
            (8) For the Marine Corps Reserve, $213,131,000.
            (9) For the Air Force Reserve, $3,142,892,000.
            (10) For the Army National Guard, $5,909,846,000.
            (11) For the Air National Guard, $5,883,926,000.
            (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 Overseas Contingency Operations Transfer Fund, 
        $9,101,000.

                  Subtitle B--Environmental Provisions

SEC. 311. EXPANSION OF 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 
by striking ``to provide for the maintenance and improvement'' and all 
that follows through the period at the end and inserting the following: 
``to provide for one or both of the following:
            ``(1) The maintenance and improvement of natural resources 
        on, or to benefit natural and historic research on, Department 
        of Defense installations.
            ``(2) The maintenance and improvement of natural resources 
        outside of Department of Defense installations if the purpose 
        of the cooperative agreement is to relieve or eliminate current 
        or anticipated challenges that could restrict, impede, or 
        otherwise interfere, whether directly or indirectly, with 
        current or anticipated military activities.''.

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

SEC. 313. 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. AUTHORITY TO CONSIDER DEPOT-LEVEL MAINTENANCE AND REPAIR 
              USING CONTRACTOR FURNISHED EQUIPMENT OR LEASED FACILITIES 
              AS CORE LOGISTICS.

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

SEC. 322. 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--Reports

SEC. 331. 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) in paragraph (2), by striking ``$30,000,000 and 
                an estimated total life cycle cost'' and inserting 
                ``$30,000,000 or an estimated total life cycle cost''; 
                and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Information technology capital assets not covered by 
        paragraphs (1) and (2) that have been determined by the Chief 
        Information Officer of the Department of Defense to be 
        significant investments.'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (3) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Required Information for Significant Investments.--With 
respect to each information technology capital asset not covered by 
paragraph (1) or (2) of subsection (a), but covered by paragraph (3) of 
that subsection, the Secretary of Defense shall include such 
information in a format that is appropriate to the current status of 
such asset.''.

                       Subtitle E--Other Matters

SEC. 341. 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 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) Mitigation goals.--In developing the risk mitigation 
        plans under paragraph (1), the Secretary of Defense shall 
        prioritize the mission critical installations, facilities, and 
        activities that are subject to the greatest and most urgent 
        risks.
    (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.

SEC. 342. INCREASED AUTHORITY TO ACCEPT FINANCIAL AND OTHER INCENTIVES 
              RELATED TO ENERGY SAVINGS AND NEW AUTHORITY RELATED TO 
              ENERGY SYSTEMS.

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

SEC. 343. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF DEFENSE 
              PROPERTY.

    (a) In General.--Chapter 165 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2790. Recovery of improperly disposed of Department of Defense 
              property
    ``(a) Prohibition.--No member of the armed forces, civilian 
employee of the United States Government, contractor personnel, or 
other person may sell, lend, pledge, barter, or give any clothing, 
arms, articles, equipment, or other military or Department of Defense 
property except in accordance with the statutes and regulations 
governing Government property.
    ``(b) Transfer of Title or Interest Ineffective.--If property has 
been disposed of in violation of subsection (a), the person holding the 
property has no right or title to, or interest in, the property.
    ``(c) Authority for Seizure of Improperly Disposed of Property.--If 
any person is in the possession of military or Department of Defense 
property without right or title to, or interest in, the property 
because it has been disposed of in violation of subsection (a), any 
Federal, State, or local law enforcement official may seize the 
property wherever found.
    ``(d) Inapplicability to Certain Property.--Subsections (b) and (c) 
shall not apply to property on public display by public or private 
collectors or museums in secured exhibits.
    ``(e) Determinations of Violations.--(1) The appropriate district 
court of the United States shall have jurisdiction, regardless of the 
current approximated or estimated value of the property, to determine 
whether property was disposed of in violation of subsection (a). Any 
such determination shall be by a preponderance of the evidence.
    ``(2) In the case of property, the possession of which could 
undermine national security or create a hazard to public health or 
safety, the determination under paragraph (1) may be made after the 
seizure of the property. If the person from whom the property is seized 
is found to have been lawfully in possession of the property and the 
return of the property could undermine national security or create a 
hazard to public health or safety, the Secretary of Defense shall 
reimburse the person for the fair value for the property.
    ``(f) Delivery of Seized Property.--Any law enforcement official 
who seizes property under subsection (c) and is not authorized to 
retain it for the United States shall deliver the property to an 
authorized member of the armed forces or other authorized official of 
the Department of Defense or the Department of Justice.
    ``(g) Retroactive Enforcement Authorized.--This section shall apply 
to any military or Department of Defense property that is disposed of 
on or after January 1, 2002, in a manner that is not in accordance with 
statutes and regulations governing Government property in effect at the 
time of the disposal of the property.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 165 of such title is amended by inserting the following new 
item:

``2790. Recovery of improperly disposed of Department of Defense 
                            property.''.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2009, as follows:
            (1) The Army, 532,400.
            (2) The Navy, 325,300.
            (3) The Marine Corps, 194,000.
            (4) The Air Force, 316,771.

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

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

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 
2009, the following number of Reserves to be serving on full-time 
active duty or full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, recruiting, 
instructing, or training the reserve components:
            (1) The Army National Guard of the United States, 29,950.
            (2) The Army Reserve, 16,170.
            (3) The Navy Reserve, 11,099.
            (4) The Marine Corps Reserve, 2,261.
            (5) The Air National Guard of the United States, 14,360.
            (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, 
        22,459.

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. INCREASED END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN 
              SUPPORT OF THE ARMY NATIONAL GUARD AND ARMY RESERVE AND 
              MILITARY TECHNICIANS (DUAL STATUS) OF THE ARMY NATIONAL 
              GUARD.

    (a) Reserves on Active Duty in Support of Army National Guard and 
Army Reserve.--Notwithstanding the limitations specified in section 412 
and subject to the provisions of this section, the number of Reserves 
authorized as of September 30, 2009, to be serving on full-time active 
duty or full-time duty, in the case of members of the National Guard, 
for purposes of organizing, administering, recruiting, instructing, or 
training the reserve components shall be the number as follows:
            (1) In the case of the Army National Guard of the United 
        States, the number authorized by section 412(1), plus an 
        additional 2,110 Reserves.
            (2) In the case of the Army Reserve, the number authorized 
        by section 412(2), plus an additional 91 Reserves.
    (b) Military Technicians (Dual Status) of Army National Guard.--
Notwithstanding the limitation specified in section 413(2) and subject 
to the provisions of this section, the minimum number of military 
technicians (dual status) as of September 30, 2009, for the Army 
National Guard of the United States (notwithstanding section 129 of 
title 10, United States Code) shall be the number otherwise specified 
in section 413(2), plus such additional number, not to exceed 1,170, 
military technicians (dual status) as the Secretary of the Army 
considers appropriate.
    (c) Assignment of Personnel Under Additional End Strengths.--Any 
personnel on duty or service under the additional end strengths 
authorized by subsection (a) or (b) may only be assigned to units of 
company size or below.
    (d) Funding.--The costs of any personnel under the additional end 
strengths authorized by subsection (a) or (b) shall be paid from funds 
authorized to be appropriated for fiscal year 2009 by titles XV and 
XVI.

SEC. 417. MODIFICATION OF AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVE 
              OFFICERS ON ACTIVE DUTY IN THE GRADES OF MAJOR AND 
              LIEUTENANT COLONEL TO MEET NEW FORCE STRUCTURE 
              REQUIREMENTS.

    (a) Authorized Strengths for Majors.--The table in section 
12011(a)(1) of title 10, United States Code, is amended by striking the 
numbers in the column relating to ``Major'' in the items relating to 
the Marine Corps Reserve and inserting the following new numbers:
            ``99
            ``103
            ``107
            ``111
            ``114
            ``117
            ``120
            ``123
            ``126
            ``129
            ``132
            ``134
            ``136
            ``138
            ``140
            ``142''.
    (b) Authorized Strengths for Lieutenant Colonels.--The table in 
section 12011(a)(1) of such title is further amended by striking the 
numbers in the column relating to ``Lieutenant Colonel'' in the items 
relating to the Marine Corps Reserve and inserting the following new 
numbers:
            ``63
            ``67
            ``70
            ``73
            ``76
            ``79
            ``82
            ``85
            ``88
            ``91
            ``94
            ``97
            ``100
            ``103
            ``106
            ``109''.
    (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.

              Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for fiscal year 2009 for the Department of Defense for 
military personnel amounts as follows:
            (1) For military personnel, $114,152,040,000.
            (2) For contributions to the Medicare-Eligible Retiree 
        Health Fund, $10,350,593,000.
    (b) Construction of Authorization.--The authorization of 
appropriations in subsection (a) 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

SEC. 501. MODIFICATION OF DISTRIBUTION REQUIREMENTS FOR COMMISSIONED 
              OFFICERS ON ACTIVE DUTY IN GENERAL AND FLAG OFFICER 
              GRADES.

    (a) Increase in Number of Officers Serving in Grades Above Major 
General and Rear Admiral.--Subsection (b) of section 525 of title 10, 
United States Code, is amended by striking ``16.3 percent'' each place 
it appears in paragraphs (1) and (2)(A) and inserting ``16.4 percent''.
    (b) Exclusion of Certain Reserve Officers.--Such section is further 
amended by adding at the end the following new subsection:
    ``(g) The limitations of this section do not apply to a reserve 
general or flag officer who is on active duty under a call or order to 
active duty specifying a period of active duty of not longer than three 
years.''.

SEC. 502. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF 
              GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.

    (a) General Limitations.--Subsection (a) of section 526 of title 
10, United States Code, is amended by striking paragraphs (1) through 
(4) and inserting the following new paragraphs:
            ``(1) For the Army, 222.
            ``(2) For the Navy, 159.
            ``(3) For the Air Force, 206.
            ``(4) For the Marine Corps, 59.''.
    (b) Limited Exclusion for Joint Duty Requirements.--Subsection (b) 
of such section is amended to read as follows:
    ``(b) Limited Exclusion for Joint Duty Requirements.--(1) 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 this title for exclusion from the limitations in 
subsection (a). Officers in positions so designated shall not be 
counted for the purposes of those limitations.
    ``(2) Unless the Secretary of Defense determines that a lower 
number is in the best interests of the nation, 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.''.
    (c) Temporary Exclusion for Certain Temporary Billets.--Such 
section is further amended by inserting after subsection (b), as 
amended by subsection (b) of this section, the following new 
subsection:
    ``(c) Temporary Exclusion for Assignment to Certain Temporary 
Billets.--(1) The limitations in subsection (a) 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.
    ``(2) A general or flag officer assigned to a temporary joint duty 
assignment as described in paragraph (1) may not be excluded under this 
subsection from the limitations in subsection (a) for a period longer 
than one year.''.
    (d) Conforming Repeal of Limitation on Number of General and Flag 
Officers Who May Serve in Positions Outside Their Own Service.--
            (1) Repeal.--Section 721 of title 10, United States Code, 
        is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 41 of such title is amended by striking 
        the item relating to section 721.
    (e) Acquisition and Contracting Billets.--The Secretary of Defense, 
the Secretaries of the military departments, the Chairman of the Joint 
Chiefs of Staff, and the chiefs of staff of the Armed Forces shall take 
appropriate actions to ensure that--
            (1) not less than 12 percent of all general officers and 
        flag officers in the Armed Forces generally, and in each Armed 
        Force (as applicable), serve in an acquisition position; and
            (2) not less than 10 percent of all general officers and 
        flag officers in the Armed Forces generally, and in each Armed 
        Force (as applicable), who serve in an acquisition position 
        have significant contracting experience.
    (f) Effective Date.--This section and the amendments made by this 
section shall take effect on January 1, 2010.

SEC. 503. CLARIFICATION OF JOINT DUTY REQUIREMENTS FOR PROMOTION TO 
              GENERAL OR FLAG GRADES.

    (a) In General.--Subsection (a) of section 619a of title 10, United 
States Code, is amended by striking ``unless--'' and all that follows 
and inserting ``unless the officer has been designated as a joint 
qualified officer in accordance with section 661 of this title.''.
    (b) Exceptions.--Subsection (b) of such section is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``paragraph (1) or paragraph (2) of subsection (a), or both 
        paragraphs (1) and (2) of subsection (a),'' and inserting 
        ``subsection (a)''; and
            (2) in paragraph (4), by striking ``if the officer's'' and 
        all that follows and inserting ``if--
                    ``(A) the officer's total consecutive years in 
                joint duty assignments is not less than two years; and
                    ``(B) the officer has successfully completed a 
                program of education meeting the requirements for Phase 
                II joint professional military education under 
                subsections (b) and (c) of section 2155 of this 
                title''.
    (c) Repeal of Special Rule for Nuclear Propulsion Officers.--Such 
section is further amended by striking subsection (h).
    (d) Conforming and Clerical Amendments.--
            (1) Conforming amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 619a. Eligibility for consideration for promotion: joint 
              qualified officer designation required for promotion to 
              general or flag grade; exceptions''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 36 of such title is 
        amended by striking the item relating to section 619a and 
        inserting the following new item:

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

SEC. 504. MODIFICATION OF AUTHORITIES ON LENGTH OF JOINT DUTY 
              ASSIGNMENTS.

    (a) Service Excludable From Tour Length Requirements.--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) Exclusions of Service From Computing Average Tour Lengths.--
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) Service Contributing Toward Full Tour of Duty.--Subsection (f) 
of such section is amended--
            (1) by striking paragraph (3) and inserting the following 
        new paragraph (3):
            ``(3) Accrued joint experience in joint duty assignments as 
        described in subsection (g).'';
            (2) in paragraph (4), by striking ``(except that'' and all 
        that follows through ``at any time)''; and
            (3) by striking paragraph (6) and inserting the following 
        new paragraph (6):
            ``(6) Any subsequent joint duty assignment that is less 
        than the period required under subsection (a), but not less 
        than two years.''.
    (d) Accrual of Joint Experience.--Subsection (g) of such section is 
amended to read as follows:
    ``(g) Accrued Joint Experience.--Accrued joint experience that may 
be aggregated to equal a full tour of duty for purposes of subsection 
(f)(3) shall include such temporary duty in joint assignments, joint 
individual training, and participation in joint exercises, and for such 
periods, as shall be prescribed in regulations by the Secretary of 
Defense in consultation 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)--
                    (A) by striking ``accord'' and inserting ``award''; 
                and
                    (B) by striking ``(f)(4), or (g)(2)'' and inserting 
                ``or (f)(4)''; 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. 505. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO MODIFICATION 
              OF JOINT SPECIALTY REQUIREMENTS.

    (a) Joint Duty Assignments After Completion of Joint Professional 
Military Education.--Section 663 of title 10, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in the heading, by striking ``Joint Specialty 
                Officers.--'' and inserting ``Joint Qualified 
                Officers.--''; and
                    (B) by striking ``officer with the joint 
                specialty'' and inserting ``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 joint 
        qualified officers''.
    (b) Procedures for Monitoring Careers of Joint Officers.--Section 
665 of such title is amended--
            (1) in subsection (a)(l)(A), by striking ``officers with 
        the joint specialty'' and inserting ``officers designated as 
        joint qualified officers''; and
            (2) in subsection (b)(1), by striking ``officers with the 
        joint specialty'' and inserting ``officers designated as joint 
        qualified officers''.
    (c) Annual Reports.--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 
                joint qualified officers''; and
                    (B) in subparagraph (B), by striking ``selection 
                for the joint specialty but were not selected'' and 
                inserting ``designation as joint qualified officers but 
                were not designated'';
            (2) in paragraph (2), by striking ``officers with the joint 
        specialty'' and inserting ``officers designated as joint 
        qualified officers'';
            (3) in paragraph (3), by striking ``selected for the joint 
        specialty'' each place it appears and inserting ``designated as 
        joint qualified officers'';
            (4) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``selected for 
                the joint specialty'' and inserting ``designated as 
                joint qualified officers''; and
                    (B) by striking subparagraph (B) and inserting the 
                following new subparagraph (B):
                    ``(B) a comparison of--
                            ``(i) the number of officers designated as 
                        joint qualified officers who had served in a 
                        joint duty assignment list billet and completed 
                        Phase II joint professional military education; 
                        with
                            ``(ii) the number of officers designated as 
                        joint qualified officers based on their 
                        aggregated joint experiences and completion of 
                        Phase II joint professional military 
                        education.'';
            (5) by striking paragraph (16);
            (6) by redesignating paragraphs (5) through (15) as 
        paragraphs (6) through (16), respectively;
            (7) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) The promotion rate for officers from within the 
        promotion zone who are designated as joint qualified officers 
        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, shown for all officers 
        of the armed force and for officers of the armed force 
        concerned designated as joint qualified officers.'';
            (8) in paragraph (7), as redesignated by paragraph (6) of 
        this subsection--
                    (A) by striking ``officers with the joint 
                specialty'' and inserting ``officers designated as 
                joint qualified officers''; and
                    (B) by striking ``paragraph (5)'' and inserting 
                ``paragraph (6)'';
            (9) in paragraph (8), as so redesignated, by striking 
        ``paragraph (5)'' and inserting ``paragraph (6)'';
            (10) in paragraph (9), as so redesignated--
                    (A) by striking ``officers with the joint 
                specialty'' and inserting ``officers designated as 
                joint qualified officers''; and
                    (B) by striking ``paragraph (5)'' and inserting 
                ``paragraph (6)'';
            (11) in paragraph (10), as so redesignated--
                    (A) by striking ``officers with the joint 
                specialty'' and inserting ``officers designated as 
                joint qualified officers''; and
                    (B) by striking ``paragraph (5)'' and inserting 
                ``paragraph (6)'';
            (12) in paragraph (11), as so redesignated, by striking 
        ``selection for the joint specialty'' and inserting 
        ``designation as joint qualified officers'';
            (13) in paragraph (14), as so redesignated--
                    (A) by striking ``paragraphs (5) through (9)'' and 
                inserting ``paragraphs (6) through (10)''; and
                    (B) by striking ``having the joint specialty'' and 
                inserting ``designated as joint qualified officers'';
            (14) by redesignating paragraph (18) as paragraph (19); and
            (15) by inserting after paragraph (17) the following new 
        paragraph (18):
            ``(18) The number of officers in the grade of captain or 
        above, or in the case of the Navy, lieutenant or above, 
        certified at each level of joint qualification, with such 
        numbers to be set forth separated for each armed force and for 
        each covered grade of officer within each armed force.''.

SEC. 506. 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. 507. 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 is 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 the 
brigadier general under the first sentence of paragraph (1).''.

SEC. 508. 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 ``25 permanent 
professors''.

SEC. 509. SERVICE CREDITABLE TOWARD RETIREMENT FOR THIRTY YEARS OR MORE 
              OF SERVICE OF REGULAR WARRANT OFFICERS OTHER THAN REGULAR 
              ARMY WARRANT OFFICERS.

    Section 1305 of title 10, United States Code, is amended--
            (1) in subsection (a), ``A regular warrant officer'' and 
        inserting ``A regular Army warrant officer'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c), and (d), respectively;
            (3) by inserting after subsection (a) the following new 
        subsection (b);
    ``(b) 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 him under section 511 of the Career Compensation Act of 
1949, as amended, may be retired 60 days after the date on which he 
completes that service, except as provided by section 8301 of title 
5.''; and
            (4) in subsections (c) and (d), as redesignated by 
        paragraph (2), by inserting ``or (b)'' after ``subsection 
        (a)''.

SEC. 510. MODIFICATION OF REQUIREMENTS FOR QUALIFICATION 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) shall require a 
certification by the Secretary of the military department concerned 
that at the time of death the member was qualified for appointment to 
the next higher grade.''.
    (b) Posthumous Warrants.--Section 1522 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) shall require a finding 
by the Secretary of the military department concerned that at the time 
of death the member was qualified for appointment to the next higher 
grade.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, and shall apply with 
respect to deaths of members of the Armed Forces occurring on or after 
that date.

                 Subtitle B--Enlisted Personnel Policy

SEC. 521. INCREASE IN MAXIMUM PERIOD OF REENLISTMENT OF REGULAR MEMBERS 
              OF THE ARMED FORCES.

    (a) Increase in Maximum Period.--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 Relating to Payment of Reenlistment 
Bonus.--Section 308(a)(2)(A)(ii) of title 37, United States Code, is 
amended by striking ``six'' and inserting ``eight''.

                Subtitle C--Reserve Component Management

SEC. 531. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF 
              RESERVE GENERAL AND FLAG OFFICERS IN ACTIVE STATUS.

    (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) by striking the matter in paragraph (1) before the 
        matter relating to line corps 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:''.

SEC. 532. 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. 533. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN RESERVE 
              OFFICERS TO AGE 62.

    (a) Selective Service and United States Property and Fiscal 
Officers.--Section 12647 of title 10, United States Code, is amended by 
striking ``60 years'' and inserting ``62 years''.
    (b) Headquarters and Reserve Technician Officer Personnel.--
            (1) In general.--Subsection (b) of section 14702 of such 
        title is amended--
                    (A) in the subsection caption, by striking ``Age 
                60'' and inserting ``Age 62''; and
                    (B) by striking ``60 years'' and inserting ``62 
                years''.
            (2) Conforming amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 14702. Retention on reserve active-status list of certain 
              officers until age 62''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of chapter 1409 of such title is amended by striking 
        the item relating to section 14702 and inserting the following 
        new item:

``14702. Retention on reserve active-status list of certain officers 
                            until age 62.''.

SEC. 534. AUTHORITY FOR VACANCY PROMOTION OF NATIONAL GUARD AND RESERVE 
              OFFICERS ORDERED TO ACTIVE DUTY IN SUPPORT OF A 
              CONTINGENCY OPERATION.

    Section 14317 of title 10, United States Code, is amended--
            (1) in subsection (d)--
                    (A) by inserting ``(1)'' before ``Except as 
                provided in subsection (e)''; and
                    (B) by striking ``unless'' in the first sentence 
                and all that follows through the end of the subsection 
                and inserting ``unless the officer--
            ``(A) is ordered to active duty as a member of the unit in 
        which the vacancy exists when that unit is ordered to active 
        duty; or
            ``(B) has been ordered to or is serving on active duty in 
        support of a contingency operation.
    ``(2) If the name of an officer is removed under paragraph (1) from 
a list of officers recommended for promotion, the officer shall be 
treated as if the officer had not been considered for promotion or 
examined for Federal recognition.''; and
            (2) in subsection (e)(1)(B), by inserting ``or by 
        examination for Federal recognition under title 32'' after 
        ``this title''.

SEC. 535. AUTHORITY FOR RETENTION OF RESERVE COMPONENT CHAPLAINS AND 
              MEDICAL OFFICERS 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(a) 
of title 32, United States Code, is amended--
            (1) in paragraph (1), by striking ``or'' at the end;
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) in the case of a chaplain or medical officer, he 
        becomes 68 years of age; or''.

SEC. 536. 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. 537. 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. 538. 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 D--Education and Training

SEC. 551. AUTHORITY TO PRESCRIBE THE AUTHORIZED STRENGTH OF THE UNITED 
              STATES NAVAL ACADEMY.

    (a) In General.--Section 6954 of title 10, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``4,000 or such higher number'' and 
                inserting ``4,400 or such lower number''; and
                    (B) by striking ``under subsection (h)''; and
            (2) by striking subsection (h).
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to academic years at the United States Naval Academy 
after the 2007-2008 academic year.

SEC. 552. TUITION FOR ATTENDANCE OF CERTAIN INDIVIDUALS AT THE UNITED 
              STATES AIR FORCE INSTITUTE OF TECHNOLOGY.

    Section 9314(c) of title 10, United States Code, is amended by 
adding at the end the following new paragraphs:
    ``(4)(A) The Institute shall charge tuition for the cost of 
instruction at the Institute for individuals described in subparagraph 
(B).
    ``(B) The individuals described in this subparagraph are any 
individuals, including civilian employees of the military departments 
other than the Air Force, of other components of the Department of 
Defense, and of other Federal agencies, receiving instruction at the 
Institute.
    ``(C) 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 and 
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. 553. INCREASE IN STIPEND FOR BACCALAUREATE STUDENTS IN NURSING OR 
              OTHER HEALTH PROFESSIONS UNDER HEALTH PROFESSIONS STIPEND 
              PROGRAM.

    Section 16201 of title 10, United States Code, is amended--
            (1) in subsection (e)(2)(A), by striking ``of $100 per 
        month'' and inserting ``, in an amount determined under 
        subsection (f),''; and
            (2) in subsection (f), by striking ``subsection (b) or 
        (c)'' and inserting ``subsection (b), (c), or (e)''.

SEC. 554. CLARIFICATION OF DISCHARGE OR RELEASE TRIGGERING DELIMITING 
              PERIOD FOR USE OF EDUCATIONAL ASSISTANCE BENEFIT FOR 
              RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY 
              OPERATIONS AND OTHER OPERATIONS.

    Section 16164(a)(2) of title 10, United States Code, is amended by 
striking ``other than dishonorable conditions'' and inserting 
``honorable conditions''.

SEC. 555. PAYMENT BY THE SERVICE ACADEMIES OF CERTAIN EXPENSES 
              ASSOCIATED WITH PARTICIPATION IN ACTIVITIES FOSTERING 
              INTERNATIONAL COOPERATION.

    (a) In General.--Chapter 101 of title 10, United States Code, is 
amended by adding the following new section:
``Sec. 2016. Service academies: payment of expenses of foreign visitors 
              for international cooperation; expenses of cadets and 
              midshipmen in certain travel or study abroad
    ``(a) Payment of Expenses of Certain Foreign Visitors.--The 
Superintendent of the United States Military Academy, the United States 
Naval Academy, or the United States Air Force Academy may, if such 
Superintendent considers it necessary in the interests of international 
cooperation, pay the following:
            ``(1) Travel, subsistence, and special compensation of 
        officers, students, and representatives of foreign countries 
        visiting the service academy concerned.
            ``(2) Other hosting and entertainment expenses in 
        connection with foreign visitors to the service academy 
        concerned.
    ``(b) Per Diem for Cadets and Midshipmen Traveling or Studying 
Abroad.--A cadet at the United States Military Academy or the United 
States Air Force Academy, and a midshipman at the United States Naval 
Academy, who travels or studies abroad in a program to enhance language 
skills or cultural understanding may be paid per diem in connection 
with such travel or study at a rate lower than the rate authorized by 
the Joint Federal Travel Regulations if the Superintendent of the 
service academy concerned determines that payment of per diem at such 
lower rate is in the best interest of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 101 of such title is amended by adding at the end the following 
new item:

``2016. Service academies: payment of costs of foreign visitors for 
                            international cooperation; expenses of 
                            cadets and midshipmen in certain travel or 
                            study abroad.''.

           Subtitle E--Defense Dependents' Education Matters

SEC. 561. 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, $30,000,000 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, 
$10,000,000 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. 562. 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. 563. 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 purposes as follows:
            ``(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 programs for training for 
        teachers and access to distance learning courses for military 
        dependent students who attend public schools in the United 
        States.''.

                 Subtitle F--Military Family Readiness

SEC. 571. AUTHORITY FOR EDUCATION AND TRAINING FOR MILITARY SPOUSES 
              PURSUING PORTABLE CAREERS.

    Section 1784 of title 10, United States Code, is amended by 
inserting at the end the following new subsection:
    ``(h) Education and Training for Military Spouses Pursuing Portable 
Careers.--(1) The Secretary of Defense may carry out programs to 
provide or make available to eligible spouses of members of the armed 
forces education and training to facilitate the pursuit by such 
eligible spouses of a portable career.
    ``(2) In carrying out programs under this subsection, the Secretary 
may provide assistance utilizing funds available to carry out this 
section in accordance with such regulations as the Secretary shall 
prescribe for purposes of this subsection.
    ``(3) In this subsection:
            ``(A)(i) The term `eligible spouse' means any person 
        married to a member of the armed forces on active duty.
            ``(ii) The term does not include the following:
                    ``(I) Any person who is married to, but legally 
                separated from, a member of the armed forces under 
                court order or statute of any State or possession of 
                the United States.
                    ``(II) Any person who is a member of the armed 
                forces.
            ``(B) 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.''.

                       Subtitle G--Other Matters

SEC. 581. DEPARTMENT OF DEFENSE POLICY ON THE PREVENTION OF SUICIDES BY 
              MEMBERS OF THE ARMED FORCES.

    (a) Policy Required.--Not later than August 1, 2009, the Secretary 
of Defense shall develop a comprehensive policy designed to prevent 
suicide by members of the Armed Forces.
    (b) Purposes.--The purposes of the policy required by this section 
shall be as follows:
            (1) To ensure that investigations, analyses, and 
        appropriate data collection can be conducted, across the 
        military departments, on the causes and factors surrounding 
        suicides by members of the Armed Forces.
            (2) To develop effective strategies and policies for the 
        education of members of the Armed Forces to assist in 
        preventing suicides and suicide attempts by members of the 
        Armed Forces.
    (c) Elements.--The policy required by this section shall include, 
but not be limited to, the following:
            (1) Requirements for investigations and data collection in 
        connection with suicides by members of the Armed Forces.
            (2) A requirement for the appointment by the appropriate 
        military authority of a separate investigating officer to 
        conduct an administrative investigation into each suicide by a 
        member of the Armed Forces in accordance with the requirements 
        specified under paragraph (1).
            (3) Requirements for minimum information to be determined 
        under each investigation pursuant to paragraph (2), including, 
        but not limited to, the following:
                    (A) Any mental illness or other mental health 
                condition, including Post Traumatic Stress Disorder 
                (PTSD), of the member of the Armed Forces concerned at 
                the time of the completion of suicide.
                    (B) Any other illness or injury of the member at 
                the time of the completion of suicide.
                    (C) Any receipt of health care services, including 
                mental health care services, by the member before the 
                completion of suicide.
                    (D) Any utilization of prescription drugs by the 
                member before the completion of suicide.
                    (E) The number, frequency, and dates of deployment 
                of the member.
                    (F) The military duty assignment of the member at 
                the time of the completion of suicide.
                    (G) Any observations by family members, health care 
                providers, medical care managers, and other members of 
                the Armed Forces of any symptoms of depression, 
                anxiety, alcohol or drug abuse, or other relevant 
                behavior in the member before the completion of 
                suicide.
                    (H) The results of a psychological autopsy of the 
                member, if conducted.
            (4) A requirement for a report from each administrative 
        investigation conducted pursuant to paragraph (2) which shall 
        set forth the findings and recommendations resulting from such 
        investigation.
            (5) Procedures for the protection of the confidentiality of 
        information contained in each report on an investigation 
        pursuant to paragraph (4).
            (6) A requirement that the Deputy Chief of Staff for 
        Personnel of the military department concerned receive and 
        analyze each report on an investigation pursuant to paragraph 
        (4).
            (7) The appointment by the Secretary of Defense of an 
        appropriate official or executive agent within the Department 
        of Defense to receive and analyze each report on an 
        investigation pursuant to paragraph (4) in order to--
                    (A) identify trends or common causal factors in 
                suicides by members of the Armed Forces; and
                    (B) advise the Secretary on means by which the 
                suicide education and prevention strategies and 
                programs of the military departments can respond 
                appropriately and effectively to such trends and causal 
                factors.
            (8) A requirement for an annual report to the Secretary of 
        Defense by each Secretary of a military department on the 
        following:
                    (A) The results of investigations into suicide by 
                members of the Armed Forces pursuant to paragraph (2) 
                for each calendar year beginning with 2010.
                    (B) Actions taken to improve the suicide education 
                and prevention strategies and programs of the military 
                departments.
    (d) Construction of Investigation With Other Investigation 
Requirements.--The investigation of the suicide by a member of the 
Armed Forces under the policy required by this section shall be in 
addition to any other investigation of the suicide required by law, 
including any investigation for criminal purposes.
    (e) Report.--Not later than August 1, 2009, the Secretary of the 
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 policy required by this section. The report shall 
include--
            (1) a description of the policy; and
            (2) a plan for the implementation of the policy throughout 
        the Department of Defense.

SEC. 582. RELIEF FOR LOSSES INCURRED AS A RESULT OF CERTAIN INJUSTICES 
              OR ERRORS OF THE DEPARTMENT OF DEFENSE.

    (a) Relief Authorized.--Chapter 3 of title 10, United States Code, 
is amended by inserting after section 127c, as added by section 1201 of 
the John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2410), the following new section:
``Sec. 127e. Relief for losses incurred as a result of certain 
              injustices or errors of the Department of Defense
    ``(a) Relief Authorized.--Under regulations prescribed by the 
Secretary of Defense, the Secretary of Defense or the Secretary of the 
military department concerned may, upon a determination that a member 
or former member of the armed forces has suffered imprisonment as a 
result of an injustice or error of the Department of Defense or any of 
its employees acting in an official capacity following conviction by a 
court-martial, provide such relief on account of such error as such 
Secretary determines equitable and fair, including the payment of 
moneys to any person whom such Secretary determines is entitled to such 
moneys.
    ``(b) Payment as a Matter of Sole Discretion.--The payment of any 
moneys under this section is within the sole discretion of the 
Secretary of Defense and the Secretaries of the military departments.
    ``(c) Payment of Interest.--The authority to pay moneys under this 
section includes the authority to pay interest on such moneys in 
amounts calculated in accordance with the regulations required under 
subsection (a).
    ``(d) Funds.--Amounts for the payment of moneys and interest under 
this section shall be derived from amounts available to the Secretary 
of Defense or the Secretary of the military department concerned for 
the payment of emergency and extraordinary expenses under section 127 
of this title.
    ``(e) Annual Reports.--Each annual report of the Secretary of 
Defense under section 127(d) of this title shall include a description 
of the disposition of each request for relief under this section during 
the fiscal year covered by such report, including a statement of the 
amount paid with respect to each finding of injustice or error 
warranting payment under this section during such fiscal year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 3 of such title is amended by inserting after the item relating 
to section 127c, as so added, the following new item:

``127e. Relief for losses incurred as a result of certain injustices or 
                            errors of the Department of Defense.''.

SEC. 583. 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 of Defense, 
a member of the armed forces on active duty who is the husband of a 
woman who gives birth to a child may be given up to 21 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 the provisions of this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
only with respect to children born on or after that date.

SEC. 584. ENHANCEMENT OF AUTHORITIES ON PARTICIPATION OF MEMBERS OF THE 
              ARMED FORCES IN INTERNATIONAL SPORTS COMPETITIONS.

    (a) In General.--Section 717 of title 10, United States Code, is 
amended--
            (1) in subsection (a)(1), by striking ``and the Olympic 
        Games'' and inserting ``the Olympic Games, and the Military 
        World Games'';
            (2) in subsection (b), by striking ``subsections (c) and 
        (d)'' and inserting ``subsections (c) and (e)'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``$3,000,000'' and 
                        inserting ``$6,000,000''; and
                            (ii) by striking ``October 1, 1980'' and 
                        inserting ``October 1, 2008''; and
                    (B) in paragraph (2)--
                            (i) by striking ``$100,00'' and inserting 
                        ``$200,000''; and
                            (ii) by striking ``October 1, 1980'' and 
                        inserting ``October 1, 2008'';
            (4) by redesignating subsection (d) as subsection (e); and
            (5) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d)(1) The Secretary of Defense may plan for the following:
            ``(A) The participation by military personnel in 
        international sports activities and competitions as authorized 
        by subsection (a).
            ``(B) The hosting of military international sports 
        activities, competitions, and events such as the Military World 
        Games.
    ``(2) Planning and other activities associated with hosting of 
international sports activities, competitions, and events under this 
subsection shall, to the maximum extent possible, be funded using 
appropriations available to the Department of Defense .''.
    (b) Report on Planning for International Sports Activities, 
Competitions, and Events.--
            (1) 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:
                    (A) 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.
                    (B) The hosting by the Department of Defense of 
                military international sports activities, competitions, 
                and events through fiscal year 2015.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) 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.
                    (B) 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.
                    (C) 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.
                    (D) Such recommendations for legislative or 
                administrative action as the Secretary considers 
                appropriate to implement or enhance planning for the 
                matters described in paragraph (1).
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2008.

SEC. 585. 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 a pilot program 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 due to receipt of 
the following:
            (1) An accession bonus for medical officers in critically 
        short wartime specialties under section 302k of title 37, 
        United States Code.
            (2) An accession bonus for dental specialists in critically 
        short wartime specialties under section 302l of title 37, 
        United States Code.
            (3) A retention bonus for members qualified in critical 
        military skills or assigned to high priority units under 
        section 355 of title 37, United States Code.
    (c) Limitation on Number of Members.--Not more than 20 officers and 
20 enlisted members of an Armed Force may participate in a pilot 
program under this section at any one time.
    (d) Limitation on Period of Inactivation From Active Duty.--The 
period of inactivation from active duty under the pilot program under 
this section of a member participating in the pilot program shall be 
such period as the Secretary concerned shall specify in the agreement 
of the member under subsection (e), except that such period may not 
exceed three years.
    (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 appropriate proficiency 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) 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.
    (g) 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) 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.
                    (C) Revival of special pays upon return to active 
                duty.--Subject to subparagraph (D), 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).
                    (D) Limitations.--
                            (i) Limitation at time of return to active 
                        duty.--Subparagraph (C) 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 (C) 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 
                        (C)(i), such pay or bonus ceases being 
                        authorized by law.
                    (E) 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 (D)(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.
                    (F) 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 (C) shall be in addition to 
                any service required of the member under an agreement 
                under subsection (e).
            (3) 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.
    (h) 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 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.
    (i) 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.
    (j) Treatment of Period of Participation for Purposes of Retirement 
and Related Purposes.--Any period of participation of a member in a 
pilot program under this section shall not count toward--
            (1) eligibility for retirement or transfer to the Ready 
        Reserve under either chapter 571 or 1223 of title 10, United 
        States Code;
            (2) computation of retired or retainer pay under chapter 71 
        or 1223 of title 10, United States Code; or
            (3) computation of total years of commissioned service 
        under section 14706 of title 10, United States Code.
    (k) Reports.--
            (1) Interim reports.--Not later than June 1 of each of 2010 
        and 2012, each Secretary of a 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, 2015, 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 authorized by this section shall commence on January 1, 
2009 and expire on December 31, 2014. No member of the Armed Forces may 
be in a period of inactivation from active duty under the pilot program 
after December 31, 2014.

SEC. 586. 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.''.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     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 the 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.

           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 by striking ``January 1, 2009'' and inserting ``January 1, 
2010''.
    (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 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 (Public Law 110-181), is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2009''.
    (i) Income Replacement for Reserve Members Experiencing Extended 
and Frequent Mobilizations.--Section 910(g) of such title 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 (Public Law 
110-181), 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. 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
            (2) by striking paragraph (3).

SEC. 617. ACCESSION AND RETENTION BONUSES FOR THE RECRUITMENT AND 
              RETENTION OF PSYCHOLOGISTS FOR THE ARMED FORCES.

    (a) Multiyear Retention Bonus for Psychologists.--
            (1) In general.--Chapter 5 of title 37, United States Code, 
        is amended by inserting after section 301e the following new 
        section:
``Sec. 301f. Multiyear retention bonus: psychologists of the armed 
              forces
    ``(a) Bonus Authorized.--An officer described in subsection (c) who 
executes a written agreement 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.
    ``(b) Maximum Amount of Bonus.--The amount of a retention bonus 
under subsection (a) may not exceed $25,000 for each year of the 
agreement of the officer concerned.
    ``(c) Eligible Officers.--An officer described in this subsection 
is an officer of the armed forces who--
            ``(1) is a psychologist of the armed forces;
            ``(2) is in a pay grade below pay grade O-7;
            ``(3) 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;
            ``(4) has completed initial residency training (or will 
        complete such training before September 30 of the fiscal year 
        in which the officer enters into an agreement under subsection 
        (a)); and
            ``(5) holds a valid State license to practice as a doctoral 
        level psychologist.
    ``(d) Repayment.--An officer who does not complete the period of 
active duty specified in the agreement entered into under subsection 
(a) shall be subject to the repayment provisions of section 303a(e) of 
this title.''.
            (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 301e the following new item:

``301f. Multiyear retention bonus: psychologists of the armed 
                            forces.''.
    (b) Accession Bonus for Psychologists.--
            (1) In general.--Chapter 5 of title 37, United States Code, 
        is amended by inserting after section 302l the following new 
        section:
``Sec. 302m. Special pay: accession bonus for psychologists
    ``(a) Accession Bonus Authorized.--A person described in subsection 
(b) who executes a written agreement described in subsection (e) 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 determined by the Secretary concerned.
    ``(b) Eligible Persons.--A person described in this section is any 
person who--
            ``(1) is a graduate of an accredited school of psychology; 
        and
            ``(2) holds a valid State license to practice as a doctoral 
        level psychologist.
    ``(c) Maximum Amount of Bonus.--The amount of an accession bonus 
under subsection (a) may not exceed $400,000.
    ``(d) Limitation on Eligibility.--A person may not be paid a bonus 
under subsection (a) if--
            ``(1) the person, in exchange for an agreement to accept an 
        appointment as an officer, received financial assistance from 
        the Department of Defense to pursue a course of study in 
        psychology; or
            ``(2) the Secretary concerned determines that the person is 
        not qualified to become and remain certified as a psychologist.
    ``(e) Agreement.--The agreement referred to in subsection (a) shall 
provide that, consistent with the needs of the armed force concerned, 
the person executing the agreement will be assigned to duty, for the 
period of obligated service covered by the agreement, as an officer of 
such armed force as a psychologist.
    ``(f) Repayment.--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.
    ``(g) Termination of Authority.--No agreement under this section 
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 302l the following new item:

``302m. Special pay: accession bonus for psychologists.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.

SEC. 618. AUTHORITY FOR EXTENSION OF MAXIMUM LENGTH OF SERVICE 
              AGREEMENTS FOR SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS 
              EXTENDING PERIOD OF ACTIVE SERVICE.

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

SEC. 619. INCENTIVE PAY FOR MEMBERS OF PRECOMMISSIONING PROGRAMS 
              PURSUING FOREIGN LANGUAGE PROFICIENCY.

    (a) 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.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.

            Subtitle C--Travel and Transportation Allowances

SEC. 631. 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 not more 
than two 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 or size of pets for 
which transportation may be so provided or reimbursement so paid.''.

SEC. 632. SPECIAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF PROFESSIONAL 
              BOOKS AND EQUIPMENT FOR SPOUSES.

    (a) Special Weight Allowance.--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 so 
        redesignated, by striking ``this subparagraph'' and inserting 
        ``this clause'';
            (3) by redesignating 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 redesignated by 
        paragraph (2), 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.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2009, and shall apply with respect to 
shipment provided on or after that date.

SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF THE 
              RESERVE COMPONENTS OF THE ARMED FORCES ON LEAVE FOR 
              SUSPENSION OF TRAINING.

    (a) Allowances Authorized.--
            (1) In general.--Chapter 7 of title 37, United States Code, 
        is amended by inserting after section 411j the following new 
        section:
``Sec. 411k. Travel and transportation allowances: travel performed by 
              certain members of the reserve components of the armed 
              forces in connection with leave for suspension of 
              training
    ``(a) Allowance Authorized.--The Secretary concerned may reimburse 
or provide transportation to a member of a reserve component of the 
armed forces on active duty for a period of more than 30 days who is 
performing duty at a temporary duty station for travel between the 
member's temporary duty station and the member's permanent duty station 
in connection with authorized leave pursuant to a suspension of 
training.
    ``(b) Minimum Distance Between Stations.--A member may be paid for 
or provided transportation under subsection (a) only as follows:
            ``(1) In the case of a member who travels between a 
        temporary duty station and permanent duty station by air 
        transportation, if the distance between such stations is not 
        less than 300 miles.
            ``(2) In the case of a member who travels between a 
        temporary duty station and permanent duty station by ground 
        transportation, if the distance between such stations is more 
        than the normal commuting distance from the permanent duty 
        station (as determined under the regulations prescribed under 
        subsection (e)).
    ``(c) Minimum Period of Suspension of Training.--A member may be 
paid for or provided transportation under subsection (a) only in 
connection with a suspension of training covered by that subsection 
that is five days or more in duration.
    ``(d) Limitation on Reimbursement.--The amount a member may be paid 
under subsection (a) for travel may not exceed the amount that would be 
paid by the government (as determined under the regulations prescribed 
under subsection (e)) for the least expensive means of travel between 
the duty stations concerned.
    ``(e) Regulations.--The Secretary concerned shall prescribe 
regulations to carry out this section. Regulations prescribed by the 
Secretary of a military department shall be subject to the approval of 
the Secretary of Defense.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 7 of such title is amended by inserting 
        after the item relating to section 411j the following new item:

``411k. Travel and transportation allowances: travel performed by 
                            certain members of the reserve components 
                            of the armed forces in connection with 
                            leave for suspension of training.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to travel that occurs on or after that date.

             Subtitle D--Retired Pay and Survivor Benefits

SEC. 641. PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE AND 
              CHILDREN OF MEMBERS OF THE ARMED FORCES WHO DIE IN 
              SERVICE.

    Section 1482(a) of title 10, United States Code, is amended by 
adding at the end the following new paragraphs:
            ``(12) Presentation of a flag of equal size to the flag 
        presented under paragraph (10) to the surviving spouse 
        (regardless of whether the surviving spouse remarries after the 
        decedent's death), if the person to be presented the flag under 
        paragraph (10) is other than the surviving spouse.
            ``(13) Presentation of a flag of equal size to the flag 
        presented under paragraph (10) to each child, regardless of 
        whether the person to be presented a flag under paragraph (10) 
        is a child of the decedent. For purposes of this paragraph, the 
        term `child' has the meaning prescribed by section 1477(d) of 
        this title''.

SEC. 642. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES 
              BY DEPENDENCY AND INDEMNITY COMPENSATION.

    (a) Repeal.--
            (1) In general.--Subchapter II of chapter 73 of title 10, 
        United States Code, is amended as follows:
                    (A) In section 1450, by striking subsection (c).
                    (B) In section 1451(c)--
                            (i) by striking paragraph (2); and
                            (ii) by redesignating paragraphs (3) and 
                        (4) as paragraphs (2) and (3), respectively.
            (2) Conforming amendments.--Such subchapter is further 
        amended as follows:
                    (A) In section 1450--
                            (i) by striking subsection (e);
                            (ii) by striking subsection (k); and
                            (iii) by striking subsection (m).
                    (B) In section 1451(g)(1), by striking subparagraph 
                (C).
                    (C) In section 1452--
                            (i) in subsection (f)(2), by striking 
                        ``does not apply--'' and all that follows and 
                        inserting ``does not apply in the case of a 
                        deduction made through administrative error.''; 
                        and
                            (ii) by striking subsection (g).
                    (D) In section 1455(c), by striking ``, 
                1450(k)(2),''.
    (b) Prohibition on Retroactive Benefits.--No benefits may be paid 
to any person for any period before the effective date provided under 
subsection (f) by reason of the amendments made by subsection (a).
    (c) Prohibition on Recoupment of Certain Amounts Previously 
Refunded to SBP Recipients.--A surviving spouse who is or has been in 
receipt of an annuity under the Survivor Benefit Plan under subchapter 
II of chapter 73 of title 10, United States Code, that is in effect 
before the effective date provided under subsection (f) and that is 
adjusted by reason of the amendments made by subsection (a) and who has 
received a refund of retired pay under section 1450(e) of title 10, 
United States Code, shall not be required to repay such refund to the 
United States.
    (d) Repeal of Authority for Optional Annuity for Dependent 
Children.--Section 1448(d) of such title is amended--
            (1) in paragraph (1), by striking ``Except as provided in 
        paragraph (2)(B), the Secretary concerned'' and inserting ``The 
        Secretary concerned''; and
            (2) in paragraph (2)--
                    (A) by striking ``Dependent children.--'' and all 
                that follows through ``In the case of a member 
                described in paragraph (1),'' and inserting ``Dependent 
                children annuity when no eligible surviving spouse.--In 
                the case of a member described in paragraph (1),''; and
                    (B) by striking subparagraph (B).
    (e) Restoration of Eligibility for Previously Eligible Spouses.--
The Secretary of the military department concerned shall restore 
annuity eligibility to any eligible surviving spouse who, in 
consultation with the Secretary, previously elected to transfer payment 
of such annuity to a surviving child or children under the provisions 
of section 1448(d)(2)(B) of title 10, United States Code, as in effect 
on the day before the effective date provided under subsection (f). 
Such eligibility shall be restored whether or not payment to such child 
or children subsequently was terminated due to loss of dependent status 
or death. For the purposes of this subsection, an eligible spouse 
includes a spouse who was previously eligible for payment of such 
annuity and is not remarried, or remarried after having attained age 
55, or whose second or subsequent marriage has been terminated by 
death, divorce or annulment.
    (f) Effective Date.--The sections and the amendments made by this 
section shall take effect on the later of--
            (1) the first day of the first month that begins after the 
        date of the enactment of this Act; or
            (2) the first day of the fiscal year that begins in the 
        calendar year in which this Act is enacted.

                       Subtitle E--Other Matters

SEC. 651. SEPARATION PAY, TRANSITIONAL HEALTH CARE, AND TRANSITIONAL 
              COMMISSARY AND EXCHANGE BENEFITS FOR MEMBERS OF THE ARMED 
              FORCES SEPARATED UNDER SURVIVING SON OR DAUGHTER POLICY.

    (a) Availability of Separation Pay Otherwise Available for 
Involuntary Separation.--
            (1) In general.--A member of the Armed Forces who is 
        separated from the Armed Forces under the Surviving Son or 
        Daughter policy of the Department of Defense before the member 
        completes twenty years of service in the Armed Force shall be 
        entitled to separation pay payable under section 1174 of title 
        10, United States Code.
            (2) No minimum service before separation.--A member of the 
        Armed Forces described in paragraph (1) who is separated from 
        the Armed Forces as described in that paragraph is entitled to 
        separation pay under that paragraph without regard to section 
        1174(c) of title 10, United States Code.
            (3) Inapplicability of requirement for service in ready 
        reserve.--Section 1174(e) of title 10, United States Code, 
        shall not apply to a member of the Armed Forces described in 
        paragraph (1) who is separated from the Armed Forces as 
        described in that paragraph.
            (4) Amount of pay.--The amount of the separation pay to be 
        paid to a member pursuant to this subsection shall be based on 
        the years of active service actually completed by the member 
        before the member's separation from the Armed Forces as 
        described in paragraph (1).
    (b) Transitional Health Care.--
            (1) In general.--A member of the Armed Forces who is 
        separated from the Armed Forces under the Surviving Son or 
        Daughter policy of the Department of Defense is entitled to 
        health care benefits under section 1145 of title 10, United 
        States Code, as if such member were an individual described by 
        subsection (a)(2) of such section.
            (2) Dependents.--The dependents of a member entitled to 
        health care benefits under paragraph (1) are entitled to health 
        care benefits in the same manner with respect to such member as 
        dependents of members of the Armed Forces are entitled to such 
        benefits with respect to such members under section 1145 of 
        title 10, United States Code.
    (c) Transitional Commissary and Exchange Benefits.--A member of the 
Armed Forces who is separated from the Armed Forces under the Surviving 
Son or Daughter policy of the Department of Defense is entitled to 
continue to use commissary and exchange stores and morale, welfare, and 
recreational facilities in the same manner as a member on active duty 
in the Armed Forces during the two-year period beginning on the later 
of the following dates:
            (1) The date of the separation of the member.
            (2) The date on which the member is first notified of the 
        members entitlement to benefits under this subsection.
    (d) Surviving Son or Daughter Policy of the Department of Defense 
Defined.--In this section, the term ``Surviving Son or Daughter policy 
of the Department of Defense'' means the policy of the Department of 
Defense for the separation from the Armed Forces of a member of the 
Armed Forces who is a son or daughter in a family in which the father, 
mother, or another son or daughter--
            (1) has been killed in action or died while serving in the 
        Armed Forces from a wound, accident, or disease;
            (2) is a member of the Armed Forces in a captured or 
        missing-in-action status; or
            (3) has a service-connected disability rated 100 percent 
        disabling (including a disability of 100 percent mental 
        disability), as determined by the Secretary of Veterans Affairs 
        or the Secretary of the military department concerned, and is 
        not gainfully employed because of such disability.

                   TITLE VII--HEALTH CARE PROVISIONS

                      Subtitle A--TRICARE Program

SEC. 701. CALCULATION OF MONTHLY PREMIUMS FOR COVERAGE UNDER TRICARE 
              RESERVE SELECT AFTER 2008.

    (a) In General.--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, 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 as follows:
            ``(i) For calendar year 2009, by utilizing the reported 
        cost of providing benefits under this section to members and 
        their dependents during calendar years 2006 and 2007.
            ``(ii) 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) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.

               Subtitle B--Other Health Care Authorities

SEC. 711. 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 with a specially designated 
deployment responsibility, 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) During a national emergency declared by the President or 
Congress, the Secretary of Defense may waive, whether 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 a scheduled deployment.''.
    (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 service 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, but not limited to, 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, but not limited to, 
                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.

SEC. 712. 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 in accordance with terms 
and schedules prescribed by the Secretary. Such awards and incentives 
may include, but are not limited to, 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, but 
are not limited to, cash awards and, in the case of members of the 
armed forces, 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.''.

SEC. 713. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR DEPENDENTS 
              OF MEMBERS ASSIGNED TO VERY REMOTE LOCATIONS OUTSIDE THE 
              CONTINENTAL UNITED STATES.

    Section 1040(a) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) For purposes of paragraph (1), required medical attention 
of a dependent shall include anesthesia services for childbirth for the 
dependent equivalent to the anesthesia services for childbirth that 
would be available to the dependent in military treatment facilities 
located in the United States.
    ``(B) In the case of a dependent in a remote location outside the 
continental United States who elects services authorized by 
subparagraph (A), the transportation authorized in paragraph (1) may 
consist of transportation to a military treatment facility providing 
such services that is located in the continental United States nearest 
to the closest port of entry into the continental United States from 
such remote location.
    ``(C) The second through sixth sentences of paragraph (1) shall 
apply to a dependent provided transportation under this paragraph.
    ``(D) Notwithstanding any other provision of this paragraph, the 
total cost incurred by the United States for the provision of 
transportation and expenses (including per diem) with respect to a 
dependent under this paragraph may not exceed the cost the United 
States would otherwise incur for the provision of transportation and 
expenses with respect to the dependent under paragraph (1) if the 
transportation and expenses were provided to the dependent under 
paragraph (1) rather than this paragraph.''.

                 Subtitle C--Other Health Care Matters

SEC. 721. REPEAL OF PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND 
              DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL 
              POSITIONS.

    (a) Repeal.--Subsection (a) of section 721 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
198; 10 U.S.C. 129c note) is repealed.
    (b) Revival of Certification and Report Requirements on Conversion 
of Positions.--
            (1) In general.--The provisions of subsections (a) and (b) 
        of section 742 of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
        Stat. 2306), as in effect on January 27, 2008 (the day before 
        the date of the enactment of the National Defense Authorization 
        Act for Fiscal Year 2008), are hereby revived.
            (2) Applicable definitions.--In the discharge of 
        subsections (a) and (b) of section 742 of the John Warner 
        National Defense Authorization Act for Fiscal Year 2007, as 
        revived by paragraph (1), the following definitions shall 
        apply:
                    (A) The definitions in paragraphs (1) through (4) 
                of section 742(f) of the John Warner National Defense 
                Authorization Act for Fiscal Year 2007, as in effect on 
                January 27, 2008.
                    (B) The definition in section 721(d)(4) of the 
                National Defense Authorization Act for Fiscal Year 
                2008.

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

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

SEC. 801. 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 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) Unit Costs.--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' 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; and
            ``(2) the term `procurement unit cost' 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.''.
            (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.--Chapter 144 of such title is further 
amended as follows:
            (1) In section 2432--
                    (A) in subsection (c)--
                            (i) 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'';
                            (ii) in paragraph (3)(A), by inserting ``or 
                        designated major subprogram'' after ``for each 
                        major defense acquisition program''; and
                    (B) in subsection (e)--
                            (i) in paragraph (3), by inserting before 
                        the period the following: ``for the program (or 
                        for each designated major subprogram under the 
                        program)''; and
                            (ii) in paragraph (5), by inserting before 
                        the period the following: ``(or for each 
                        designated major subprogram under the 
                        program)''.
            (2) In section 2433--
                    (A) in subsection (a)--
                            (i) by striking ``The terms'' and inserting 
                        ``Except as provided in section 2430a(c) of 
                        this title, the terms'';
                            (ii) in paragraph (4)--
                                    (I) in subparagraphs (A) and (B), 
                                by inserting ``or designated major 
                                defense subprogram'' after ``major 
                                defense acquisition program''; and
                                    (II) by inserting ``or subprogram'' 
                                after ``the program'' each place it 
                                appears; and
                            (iii) in paragraph (5)--
                                    (I) in subparagraphs (A) and (B), 
                                by inserting ``or designated major 
                                defense subprogram'' after ``major 
                                defense acquisition program''; and
                                    (II) by inserting ``or subprogram'' 
                                after ``the program'' each place it 
                                appears;
                    (B) in subsection (b)--
                            (i) in the matter preceding paragraph (1), 
                        by inserting ``(and for each designated major 
                        subprogram under the program'' after ``unit 
                        costs of the program'';
                            (ii) in paragraph (1), by inserting before 
                        the period the following: ``for the program (or 
                        for each designated major subprogram under the 
                        program)'';
                            (iii) in paragraph (2), by inserting before 
                        the period the following: ``for the program (or 
                        for each designated major subprogram under the 
                        program)''; and
                            (iv) in paragraph (5), by inserting ``or 
                        subprogram'' after ``the program'' each place 
                        it appears (other than the last place it 
                        appears);
                    (C) in subsection (c)--
                            (i) 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
                            (ii) by striking ``for the program'' after 
                        ``significant cost growth threshold'';
                    (D) in subsection (d)--
                            (i) in paragraph (1)--
                                    (I) by inserting ``or any 
                                designated major subprogram under the 
                                program'' after ``for the program'' the 
                                first place it appears; and
                                    (II) by inserting ``or subprogram'' 
                                after ``the program'' the second place 
                                it appears;
                            (ii) in paragraph (2)--
                                    (I) by inserting ``or any 
                                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; and
                            (iii) in paragraph (3), by striking ``such 
                        program'' and inserting ``the program or 
                        subprogram concerned'';
                    (E) in subsection (e)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A)--
                                            (aa) by inserting ``or 
                                        designated major subprogram'' 
                                        after ``major defense 
                                        acquisition program''; and
                                            (bb) by inserting ``or 
                                        subprogram'' after ``the 
                                        program''; and
                                    (II) in subparagraph (B)--
                                            (aa) by inserting ``or 
                                        designated major subprogram'' 
                                        after ``major defense 
                                        acquisition program''; and
                                            (bb) by inserting ``or 
                                        subprogram'' after ``that 
                                        program'';
                            (ii) in paragraph (2)--
                                    (I) in the matter preceding 
                                subparagraph (A)--
                                            (aa) by inserting ``or 
                                        designated major subprogram'' 
                                        after ``major defense 
                                        acquisition program''; and
                                            (bb) by inserting ``or 
                                        subprogram'' after ``the 
                                        program'';
                                    (II) in subparagraph (A), by 
                                inserting ``or subprogram'' after 
                                ``program'' each place it appears;
                                    (III) in subparagraph (B), by 
                                inserting ``or subprogram'' after 
                                ``such acquisition program'' each place 
                                it appears; and
                                    (IV) in subparagraph (C), by 
                                inserting ``or subprogram'' after 
                                ``such program''; and
                            (iii) in paragraph (3)--
                                    (I) in the matter preceding 
                                subparagraph (A)--
                                            (aa) by inserting ``or 
                                        subprogram concerned'' after 
                                        ``the program''; and
                                            (bb) by inserting ``or 
                                        designated major subprogram'' 
                                        after ``major defense 
                                        acquisition program''; and
                                    (II) in subparagraphs (A) and (B), 
                                by inserting ``or subprogram'' after 
                                ``that program'' each place it appears; 
                                and
                    (F) in subsection (g)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (D), by 
                                inserting ``(and for each designated 
                                major subprogram under the program)'' 
                                after ``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 (J), by 
                                inserting ``for the program (or for 
                                each designated major subprogram under 
                                the program)'' after ``program 
                                acquisition unit cost'';
                                    (V) in subparagraph (K), by 
                                inserting ``for the program (or for 
                                each designated major subprogram under 
                                the program)'' after ``procurement unit 
                                cost''; and
                                    (VI) in subparagraph (O), by 
                                inserting before the period the 
                                following: ``for the program (or for 
                                any designated major subprogram under 
                                the program)''; and
                            (ii) 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''.

SEC. 802. 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'' after ``major automated 
                information system'' the first place it appears; and
                    (B) by inserting ``or major information 
                technology'' after ``major automated information 
                system'' the second place it appears;
            (2) in subsection (b)--
                    (A) by inserting ``or other major information 
                technology investment'' after ``major automated 
                information system'' in the matter preceding paragraph 
                (1); and
                    (B) by inserting ``or information technology'' 
                after ``automated information system'' each place it 
                appears in paragraphs (1) and (2);
            (3) in subsection (d)--
                    (A) in paragraph (1), by inserting ``or other major 
                information technology investment'' after ``major 
                automated information system''; and
                    (B) in paragraph (2)--
                            (i) by redesignating subparagraphs (B), 
                        (C), and (D) as subparagraphs (C), (D), and 
                        (E), respectively; and
                            (ii) by striking subparagraph (A) and 
                        inserting the following new subparagraphs:
                    ``(A) no Milestone B decision has been made after 
                more than two years of investment in the program;
                    ``(B) the system failed to achieve initial 
                operational capability within three years after 
                milestone B approval;'';
                            (iii) in subparagraph (C), as redesignated 
                        by clause (i) of this subparagraph, by 
                        inserting before the semicolon the following: 
                        ``or section 2445b(d) of this title, as 
                        applicable'';
                            (iv) in subparagraph (D), as so 
                        redesignated, by inserting before the semicolon 
                        the following: ``or section 2445b(d) of this 
                        title, as applicable''; and
                            (v) in subparagraph (E), as so 
                        redesignated--
                                    (I) by inserting ``or major 
                                information technology'' 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'' after ``major automated 
        information system''; and
            (5) in subsection (f)--
                    (A) by inserting ``or other major information 
                technology investment'' after ``major automated 
                information system'' in the matter preceding paragraph 
                (1);
                    (B) in paragraph (1), by inserting ``or information 
                technology'' after ``automated information system'';
                    (C) in paragraph (2), by inserting ``or 
                technology'' after ``the system''; and
                    (D) in paragraph (3), by inserting ``or technology, 
                as applicable,'' after ``the program and system''.

SEC. 803. 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) The Joint Staff.
                    (D) The Comptroller of the military department 
                concerned.
                    (E) The military deputy to the service acquisition 
                executive concerned.
                    (F) The program executive officer for the major 
                defense acquisition program concerned.
    (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 that may be 
                required.
                    (C) Ensuring that the program delivers as much 
                planned capability as possible, consistent with the 
                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 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.
    (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.

             Subtitle B--Acquisition Policy and Management

SEC. 811. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE 
              DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES.

    (a) Inspector General Reviews and Determinations.--
            (1) In general.--For each covered non-defense agency, the 
        Inspector General of the Department of Defense and the 
        Inspector General of such non-defense agency shall, not later 
        than March 15, 2009, jointly--
                    (A) review--
                            (i) the procurement policies, procedures, 
                        and internal controls of such non-defense 
                        agency that are applicable to the procurement 
                        of property and services on behalf of the 
                        Department by such non-defense agency; and
                            (ii) the administration of those policies, 
                        procedures, and internal controls; and
                    (B) determine in writing whether--
                            (i) such non-defense agency is compliant 
                        with defense procurement requirements;
                            (ii) such non-defense agency is not 
                        compliant with defense procurement 
                        requirements, but has a program or initiative 
                        to significantly improve compliance with 
                        defense procurement requirements;
                            (iii) neither of the conclusions stated in 
                        clauses (i) and (ii) is correct in the case of 
                        such non-defense agency; or
                            (iv) such non-defense agency is not 
                        compliant with defense procurement requirements 
                        to such an extent that the interests of the 
                        Department of Defense are at risk in 
                        procurements conducted by such non-defense 
                        agency.
            (2) Actions following certain determinations.--If the 
        Inspectors General determine under paragraph (1) that the 
        conclusion stated in clause (ii), (iii), or (iv) of 
        subparagraph (B) of that paragraph is correct in the case of a 
        covered non-defense agency, such Inspectors General shall, not 
        later than June 15, 2010, jointly--
                    (A) conduct a second review, as described in 
                subparagraph (A) of that paragraph, regarding such non-
                defense agency's procurement of property or services on 
                behalf of the Department of Defense in fiscal year 
                2009; and
                    (B) determine in writing whether such non-defense 
                agency is or is not compliant with defense procurement 
                requirements.
    (b) Compliance With Defense Procurement Requirements.--For the 
purposes of this section, a covered non-defense agency is compliant 
with defense procurement requirements if such non-defense agency's 
procurement policies, procedures, and internal controls applicable to 
the procurement of products and services on behalf of the Department of 
Defense, and the manner in which they are administered, are adequate to 
ensure such non-defense agency's compliance with the requirements of 
laws and regulations that apply to procurements of property and 
services made directly by the Department of Defense.
    (c) Memoranda of Understanding Between Inspectors General.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Inspector General of the 
        Department of Defense and the Inspector General of each covered 
        non-defense agency shall enter into a memorandum of 
        understanding with each other to carry out the reviews and make 
        the determinations required by this section.
            (2) Scope of memoranda.--The Inspector General of the 
        Department of Defense and the Inspector General of a covered 
        non-defense agency may by mutual agreement conduct separate 
        reviews of the procurement of property and services on behalf 
        of the Department of Defense that are conducted by separate 
        business units, or under separate governmentwide acquisition 
        contracts, of such non-defense agency. In any case where such 
        separate reviews are conducted, the Inspectors General shall 
        make separate determinations under paragraph (1) or (2) of 
        subsection (a), as applicable, with respect to each such 
        separate review.
    (d) Limitations on Procurements on Behalf of Department of 
Defense.--
            (1) Limitation during review period.--After March 15, 2009, 
        and before June 16, 2010, no official of the Department of 
        Defense may, except as provided in subsection (e) or (f), 
        order, purchase, or otherwise procure property or services in 
        an amount in excess of $100,000 through a covered non-defense 
        agency for which a determination described in clause (iii) or 
        (iv) of paragraph (1)(B) of subsection (a) has been made under 
        subsection (a).
            (2) Limitation after review period.--After June 15, 2010, 
        no official of the Department of Defense may, except as 
        provided in subsection (e) or (f), order, purchase, or 
        otherwise procure property or services in an amount in excess 
        of $100,000 through a covered non-defense agency that, having 
        been subject to review under this section, has not been 
        determined under this section as being compliant with defense 
        procurement requirements.
            (3) Limitation following failure to reach mou.--Commencing 
        on the date that is 60 days after the date of the enactment of 
        this Act, if a memorandum of understanding between the 
        Inspector General of the Department of Defense and the 
        Inspector General of a covered non-defense agency cannot be 
        attained causing the review required by this section to not be 
        performed, no official of the Department of Defense, except as 
        provided in subsection (e) or (f), may order, purchase or 
        otherwise procure property or services in an amount in excess 
        of $100,000 through such non-defense agency.
    (e) Exception From Applicability of Limitations.--
            (1) Exception.--No limitation applies under subsection (d) 
        with respect to the procurement of property and services on 
        behalf of the Department of Defense by a covered non-defense 
        agency during any period that there is in effect a 
        determination of the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics, made in writing, that 
        it is necessary in the interest of the Department of Defense to 
        continue to procure property and services through such non-
        defense agency.
            (2) Applicability of determination.--A written 
        determination with respect to a covered non-defense agency 
        under paragraph (1) is in effect for the period, not in excess 
        of one year, that the Under Secretary shall specify in the 
        written determination. The Under Secretary may extend from time 
        to time, for up to one year at a time, the period for which the 
        written determination remains in effect.
    (f) Termination of Applicability of Limitations.--Subsection (d) 
shall cease to apply to a covered non-defense agency on the date on 
which the Inspector General of the Department of Defense and the 
Inspector General of such non-defense agency jointly--
            (1) determine that such non-defense agency is compliant 
        with defense procurement requirements; and
            (2) notify the Secretary of Defense of that determination.
    (g) Identification of Procurements Made During a Particular Fiscal 
Year.--For the purposes of subsection (a), a procurement shall be 
treated as being made during a particular fiscal year to the extent 
that funds are obligated by the Department of Defense for that 
procurement in that fiscal year.
    (h) Resolution of Disagreements.--If the Inspector General of the 
Department of Defense and the Inspector General of a covered non-
defense agency are unable to agree on a joint determination under 
subsection (a) or (f), a determination by the Inspector General of the 
Department of Defense under such subsection shall be conclusive for the 
purposes of this section.
    (i) Definitions.--In this section:
            (1) The term ``covered non-defense agency'' means each of 
        the following:
                    (A) The Department of Commerce.
                    (B) The Department of Energy.
            (2) The term ``governmentwide acquisition contract'', with 
        respect to a covered non-defense agency, means a task or 
        delivery order contract that--
                    (A) is entered into by the non-defense agency; and
                    (B) may be used as the contract under which 
                property or services are procured for one or more other 
                departments or agencies of the Federal Government.
    (j) 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.''.

SEC. 812. CONTINGENCY CONTRACTING CORPS.

    (a) In General.--Chapter 137 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2334. Contingency Contracting Corps
    ``(a) Establishment.--The Secretary of Defense shall establish 
within the Department of Defense a Contingency Contracting Corps (in 
this section, referred to as the `Corps') to ensure the Department has 
the capability, when needed, to support contingency contracting actions 
in a deployed environment. The members of the Corps shall be available 
for deployment in connection with contingency operations both within 
and outside the continental United States, including reconstruction 
efforts relating thereto.
    ``(b) Membership.--Membership in the Corps shall be voluntary and 
open to all employees of the Department of Defense, including uniformed 
members of the Armed Forces, who are members of the defense acquisition 
workforce, as designated under section 1721 of this title.
    ``(c) Education and Training.--The Secretary of Defense may 
establish additional educational and training requirements for members 
of the Corps.
    ``(d) Clothing and Equipment.--The Secretary of Defense may 
identify any necessary clothing and equipment requirements for members 
of the Corps.
    ``(e) Salary.--The salaries for members of the Corps shall be paid 
by the Department of Defense out of existing appropriations.
    ``(f) Authority To Deploy the Corps.--The Secretary of Defense, or 
the Secretary's designee, shall have the authority to determine when 
members of the Corps shall be deployed.
    ``(g) Annual Report.--(1) The Secretary of Defense shall provide to 
the Committee on Armed Services and the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee on Armed 
Services and the Committee on Oversight and Government Reform of the 
House of Representatives an annual report on the status of the 
Contingency Contracting Corps.
    ``(2) At a minimum, each report under paragraph (1) shall include 
the number of members of the Contingency Contracting Corps, the fully 
burdened 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 sections at the beginning of 
chapter 137 of such title is amended by adding at the end the following 
new item:

``2334. Contingency Contracting Corps.''.

SEC. 813. EXPEDITED REVIEW AND VALIDATION OF URGENT REQUIREMENTS 
              DOCUMENTS.

    (a) Guidance for Expedited Presentation to Appropriate Authorities 
for Review and Validation.--Not later than 120 days after the date of 
the enactment of this Act, the Secretary of Defense shall issue 
guidance to the Secretaries of the military departments and the Chiefs 
of Staff of the Armed Forces to ensure that each urgent requirements 
document submitted by an operational field commander is presented to 
the appropriate authority for review and validation not later than 60 
days after date on which such document is so submitted.
    (b) Definitions.--In this section:
            (1) The term ``urgent requirements document'' means the 
        following:
                    (A) A Joint Urgent Operational Needs (JUON) 
                document.
                    (B) An Army operational need statement (ONS).
                    (C) A Navy rapid deployment capability (RDC) 
                document or Navy urgent operational need (UON) 
                statement.
                    (D) An Air Force combat capability document (CCD).
                    (E) A Marine Corps urgent universal need statement 
                (UUNS).
                    (F) A combat-mission need statement (CMNS) of the 
                United States Special Operations Command.
            (2) The term ``appropriate authority'' means the following:
                    (A) In the case of a Joint Urgent Operational Needs 
                document, a Functional Capabilities Board or Joint 
                Capabilities Board.
                    (B) In the case of an Army operational need 
                statement, the Deputy Chief of Staff of the Army for 
                Operations and Plans.
                    (C) In the case of a Navy rapid deployment 
                capability document or Navy urgent operational need 
                statement, the Assistant Secretary of the Navy for 
                Research, Development, and Acquisition.
                    (D) In the case of an Air Force combat capability 
                document, the commander of the lead major command of 
                the Air Force.
                    (E) In the case of a Marine Corps urgent universal 
                need statement, the Marine Requirements Oversight 
                Council.
                    (F) In the case of a combat-mission need statement 
                of the United States Special Operations Command, the 
                Requirements Directorate of the United States Special 
                Operations Command.

SEC. 814. INCORPORATION OF ENERGY EFFICIENCY REQUIREMENTS INTO KEY 
              PERFORMANCE PARAMETERS FOR FUEL CONSUMING SYSTEMS.

    (a) Implementation Plan.--Not later than one year after the date of 
the enactment of this Act, the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall develop an implementation 
plan for the incorporation of energy efficiency requirements into key 
performance parameters for the modification of existing fuel consuming 
systems of the Department of Defense and the development of new fuel 
consuming systems. The implementation plan shall include--
            (1) policies, regulations, and directives to ensure that 
        appropriate officials incorporate such energy efficiency 
        requirements into such performance parameters; and
            (2) a plan for implementing such requirements.
    (b) Report.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit a report on the plan required 
under subsection (a), including an assessment of progress made in 
implementing requirements to incorporate energy efficiency requirements 
into key performance parameters for fuel consuming systems of the 
Department of Defense, 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 for five years (as 
submitted with the budget of the President under section 1105(a) of 
title 31, United States Code).

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

SEC. 821. MULTIYEAR PROCUREMENT AUTHORITY FOR THE DEPARTMENT OF DEFENSE 
              FOR THE PURCHASE OF ALTERNATIVE AND SYNTHETIC FUELS.

    (a) Multiyear Procurement Authorized.--
            (1) In general.--Chapter 141 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2410r. Multiyear procurement authority: purchase of alternative 
              and synthetic fuels
    ``(a) Multiyear Contracts Authorized.--Subject to subsections (b) 
and (c), the head of an agency may enter into contracts for a period 
not to exceed 10 years for the purchase of alternative fuels or 
synthetic fuels.
    ``(b) Limitations on Contracts for Periods in Excess of Five 
Years.--The head of an agency may exercise the authority in subsection 
(a) to enter a contract for a period in excess of five years only if 
the head of the agency determines in writing, on the basis of a 
business case analysis prepared by the agency, that--
            ``(1) the proposed purchase of fuels under such contract is 
        cost effective for the agency;
            ``(2) it would not be possible to purchase fuels from the 
        source in an economical manner without the use of a contract 
        for a period in excess of five years; and
            ``(3) the contract will comply with the requirements of 
        subsection (c) and section 526 of the Energy Independence and 
        Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142).
    ``(c) Limitation on Lifecycle Greenhouse Gas Emissions.--The head 
of an agency may not purchase alternative fuels or synthetic fuels 
under the authority in subsection (a) unless the contract specifies 
that lifecycle greenhouse gas emissions associated with the production 
and combustion of the fuels to be provided under the contract are not 
greater than such emissions from conventional petroleum-based fuels 
that are used in the same application.
    ``(d) Definitions.--In this section:
            ``(1) The term `head of an agency' has the meaning given 
        that term in section 2302(1) of this title.
            ``(2) The term `alternative fuel' has the meaning given 
        that term in section 301(2) of the Energy Policy Act of 1992 
        (42 U.S.C. 13211(2)).
            ``(3) The term `synthetic fuel' means any liquid, gas, or 
        combination thereof that--
                    ``(A) can be used as a substitute for petroleum or 
                natural gas (or any derivative thereof, including 
                chemical feedstocks); and
                    ``(B) is produced by chemical or physical 
                transformation of domestic sources of energy.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 141 of such title is amended by adding at 
        the end the following new item:

``2410r. Multiyear procurement authority: purchase of alternative and 
                            synthetic fuels.''.
    (b) Regulations.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        prescribe regulations providing that the head of an agency may 
        initiate a multiyear contract as authorized by section 2410r of 
        title 10, United States Code (as added by subsection (a)), only 
        if the head of the agency has determined in writing that--
                    (A) there is a reasonable expectation that 
                throughout the contemplated contract period the head of 
                the agency will request funding for the contract at the 
                level required to avoid contract cancellation;
                    (B) there is a stable design for all related 
                technologies to the purchase of alternative and 
                synthetic fuels as so authorized;
                    (C) the technical risks associated with such 
                technologies are not excessive;
                    (D) the multiyear contract will contain appropriate 
                pricing mechanisms to minimize risk to the government 
                from significant changes in market prices for energy;
                    (E) there is in place a regulatory regime adequate 
                to ensure compliance with the requirements of section 
                526 of the Energy Independence and Security Act of 2007 
                (Public Law 110-140; 121 Stat. 1663; 42 U.S.C. 17142) 
                and other applicable environmental laws; and
                    (F) the contractor has received all regulatory 
                approvals necessary for the production of the 
                alternative and synthetic fuels to be supplied under 
                the contract.
            (2) Minimum anticipated savings.--The regulations required 
        by paragraph (1) shall provide that, in any case in which the 
        estimated total expenditure under a multiyear contract (or 
        several multiyear contracts with the same prime contractor) 
        under section 2410r of title 10, United States Code (as so 
        added), are anticipated to be more than (or, in the case of 
        several contracts, the aggregate of which is anticipated to be 
        more than) $540,000,000 (in fiscal year 1990 constant dollars), 
        the head of an agency may initiate such contract under such 
        section only upon a finding that use of such contract will 
        result in savings exceeding 10 percent of the total anticipated 
        costs of procuring an equivalent amount of fuel for the same 
        application through other means. If such estimated savings will 
        exceed 5 percent of the total anticipated costs of procuring an 
        equivalent amount of fuel for the same application through 
        other means, but not exceed 10 percent of such costs, the head 
        of the agency may initiate such contract under such section 
        only upon a finding in writing that an exceptionally strong 
        case has been made with regard to findings required in 
        paragraph (1).
            (3) Limitation on use of authority.--No contract may be 
        entered into under the authority in section 2410r of title 10, 
        United States Code (as so added), until the regulations 
        required by paragraph (1) are prescribed.
    (c) Relationship to Other Multiyear Contracting Authority.--Nothing 
in this section or the amendments made by this section shall be 
construed to preclude the Department of Defense from using other 
applicable multiyear contracting authority of the Department of Defense 
to purchase energy, including renewable energy.

SEC. 822. 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) Four-Year Extension of Authority.--Paragraph (4) of such 
section is amended by striking ``September 30, 2008'' and inserting 
``September 30, 2012''.

SEC. 823. EXCLUSION OF CERTAIN FACTORS IN CONSIDERATION OF COST 
              ADVANTAGES OF OFFERS FOR CERTAIN DEPARTMENT OF DEFENSE 
              CONTRACTS.

    Not later than 90 days after the date of the enactment of this Act, 
the Department of Defense Supplement to the Federal Acquisition 
Regulation shall be revised to ensure that, in any competition for a 
contract with a value in excess of $10,000,000, an offeror does not 
receive an advantage for a proposal that would reduce costs for the 
Department of Defense as a consequence of any corporate structure a 
principal purpose of which is to enable the offeror to avoid the 
payment of taxes to the Federal Government or any State government, 
including taxes imposed under subtitle C of the Internal Revenue Code 
of 1986 and any similar taxes imposed by a State government, for or on 
behalf of employees of the offeror or any subsidiary or affiliate of 
the offeror.

          Subtitle D--Department of Defense Contractor Matters

SEC. 831. DATABASE FOR DEPARTMENT OF DEFENSE CONTRACTING OFFICERS AND 
              SUSPENSION AND DEBARMENT OFFICIALS.

    (a) In General.--Subject to the authority, direction, and control 
of the Secretary of Defense, the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall establish and maintain a 
database of information regarding integrity and performance of certain 
persons awarded Department of Defense contracts for use by Department 
of Defense officials having authority over contracts.
    (b) Persons Covered.--The database shall cover any person awarded a 
Department of Defense contract in excess of $500,000 if any information 
described in subsection (c) exists with respect to such person.
    (c) Information Included.--With respect to a person awarded a 
Department of Defense contract, the database shall include information 
(in the form of a brief description) for at least 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 with the Federal Government or, to 
        the maximum extent practicable, a State 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 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 
                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) In a civil or administrative proceeding, a 
                disposition of the matter by consent or compromise 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 and, to the maximum extent 
        practicable, each agreement involving a suspension or debarment 
        proceeding entered into by the person and a State government in 
        that period.
            (5) Each final finding by a Federal official in that period 
        that the person has been determined not to be a responsible 
        source under either subparagraph (C) or (D) of section 4(7) of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 
        403(7)).
    (d) Requirements Relating to Information in Database.--
            (1) Direct input and update.--The Under Secretary shall 
        design and maintain the database in a manner that allows the 
        appropriate officials of the Department of Defense to directly 
        input and update in the information in the database relating to 
        actions such officials have taken with regard to contractors.
            (2) Timeliness and accuracy.--The Under Secretary shall 
        develop policies to require--
                    (A) the timely and accurate input of information 
                into the database;
                    (B) notification of any covered person when 
                information relevant to the person is entered into the 
                database; and
                    (C) an opportunity for any covered person to submit 
                comments pertaining to information about such person in 
                the database.
    (e) Use of Database.--
            (1) Availability to government officials.--The Under 
        Secretary shall ensure that the database is available to all 
        acquisition professionals of the Department of Defense and to 
        Congress. This subsection does not limit the availability of 
        the database to other Department of Defense officials or to 
        government officials outside the Department of Defense that the 
        Under Secretary determines warrant access.
            (2) Review and assessment of data.--
                    (A) In general.--Before awarding a contract in 
                excess of $500,000, the Department of Defense official 
                responsible for awarding the contract shall review the 
                database and shall consider information in the database 
                with regard to any offer, along with other past 
                performance information available with respect to that 
                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 the Department of Defense in 
                excess of $500,000 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 180 days after the 
date of the enactment of this Act, the Defense Supplement to the 
Federal Acquisition Regulation shall be amended to require that persons 
with Department of Defense contracts valued in total greater than 
$10,000,000 must semiannually submit to the Under Secretary a report 
that includes the information subject to inclusion in the database as 
listed in paragraphs (1) through (5) of subsection (c).

SEC. 832. ETHICS SAFEGUARDS FOR EMPLOYEES UNDER CERTAIN CONTRACTS FOR 
              THE PERFORMANCE OF ACQUISITION FUNCTIONS CLOSELY 
              ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS.

    (a) Contract Clause Required.--Each contract (or task or delivery 
order) in excess of $500,000 that calls for the performance of 
acquisition functions closely associated with inherently governmental 
functions for or on behalf of the Department of Defense shall include a 
contract clause addressing financial conflicts of interests of 
contractor employees who will be responsible for the performance of 
such functions.
    (b) Contents of Contract Clause.--The contract clause required by 
subsection (a) shall, at a minimum--
            (1) require the contractor to prohibit any employee of the 
        contractor from performing any functions described in 
        subsection (a) under such a contract (or task or delivery 
        order) relating to a program, company, contract, or other 
        matter in which the employee (or a member of the employee's 
        immediate family) has a financial interest without the express 
        written approval of the contracting officer;
            (2) require the contractor to obtain, review, update, and 
        maintain as part of its personnel records a financial 
        disclosure statement from each employee assigned to perform 
        functions described in paragraph (1) under such a contract (or 
        task or delivery order) that is sufficient to enable the 
        contractor to ensure compliance with the requirements of 
        paragraph (1);
            (3) require the contractor to prohibit any employee of the 
        contractor who is responsible for performing functions 
        described in paragraph (1) under such a contract (or task or 
        delivery order) relating to a program, company, contract, or 
        other matter from accepting a gift from the affected company or 
        from an individual or entity that has a financial interest in 
        the program, contract, or other matter;
            (4) require the contractor to prohibit contractor personnel 
        who have access to non-public government information obtained 
        while performing work on such a contract (or task or delivery 
        order) from using such information for personal gain;
            (5) require the contractor to take appropriate disciplinary 
        action in the case of employees who fail to comply with 
        prohibitions established pursuant to this section;
            (6) require the contractor to promptly report any failure 
        to comply with the prohibitions established pursuant to this 
        section to the contracting officer for the applicable contract 
        or contracts;
            (7) include appropriate definitions of the terms 
        ``financial interest'' and ``gift'' that are similar to the 
        definitions in statutes and regulations applicable to Federal 
        employees;
            (8) establish appropriate contractual penalties for 
        failures to comply with the requirements of paragraphs (1) 
        through (6); and
            (9) provide such additional safeguards, definitions, and 
        exceptions as may be necessary to safeguard the public 
        interest.
    (c) Functions Closely Associated With Inherently Governmental 
Functions Defined.--In this section, the term ``functions closely 
associated with inherently governmental functions'' has the meaning 
given that term in section 2383(b)(3) of title 10, United States Code.
    (d) Effective Date.--This section shall take effect 30 days after 
the date of the enactment of this Act, and shall apply to--
            (1) contracts entered on or after that effective date; and
            (2) 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.

SEC. 833. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR EMPLOYEES ON 
              THEIR WHISTLEBLOWER RIGHTS.

    (a) In General.--The Secretary of Defense shall prescribe in 
regulations a policy for informing employees of a contractor of the 
Department of Defense of their 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) Elements.--The regulations required by subsection (a) shall 
include requirements as follows:
            (1) Employees of Department of Defense contractors shall be 
        notified in writing of the provisions of section 2409 of title 
        10, United States Code.
            (2) Notice to employees of Department of Defense 
        contractors under paragraph (1) shall state that the 
        restrictions imposed by any employee agreement or nondisclosure 
        agreement shall not supersede, conflict with, or otherwise 
        alter the employee rights created by section 2409 of title 10, 
        United States Code, or the regulations implementing such 
        section.
    (c) 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.

          Subtitle E--Matters Relating to Iraq and Afghanistan

SEC. 841. PERFORMANCE BY PRIVATE SECURITY CONTRACTORS OF INHERENTLY 
              GOVERNMENTAL FUNCTIONS IN AN AREA OF COMBAT OPERATIONS.

    (a) Modification of Regulations.--Not later than 60 days after the 
date of the enactment of this Act, 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) shall be modified to ensure that private 
security contractors are not authorized to perform inherently 
governmental functions in an area of combat operations.
    (b) Elements.--The modification of regulations pursuant to 
subsection (a) shall provide, at a minimum, each of the following:
            (1) That security operations for the protection of 
        resources (including people, information, equipment, and 
        supplies) in uncontrolled or unpredictable high threat 
        environments are inherently governmental functions if such 
        security operations--
                    (A) 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 by others; or
                    (B) could reasonably be expected to require 
                immediate discretionary decisions on the appropriate 
                course of action or the acceptable level of risk (such 
                as judgments on the appropriate level of force, 
                acceptable level of collateral damage, and whether the 
                target is friend or foe), the outcome of which could 
                significantly affect the life, liberty, or property of 
                private persons or the international relations of the 
                United States.
            (2) That the agency awarding the contract has appropriate 
        mechanisms in place to ensure that private security contractors 
        operate in a manner consistent with the regulations issued by 
        the Secretary of Defense pursuant to such section 862(a), as 
        modified pursuant to this section.
    (c) Periodic Review of Performance of Functions.--
            (1) In general.--The Secretary of Defense shall, in 
        coordination with the heads of other appropriate agencies, 
        periodically review the performance of private security 
        functions in areas of combat operations to ensure that such 
        functions are authorized and performed in a manner consistent 
        with the requirements of this section.
            (2) Reports.--Not later than June 1 of each of 2009, 2010, 
        and 2011, the Secretary shall submit to the congressional 
        defense committees a report on the results of the most recent 
        review conducted under paragraph (1).

SEC. 842. 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 employees and other 
        persons supporting the mission of the United States Government 
        in Iraq or Afghanistan in connection with alleged offenses 
        described in paragraph (6).''.
    (b) Implementation.--The memorandum of understanding required by 
section 861(a) of the National Defense Authorization Act for Fiscal 
Year 2008 shall be modified to address the requirements under the 
amendment made by subsection (a) not later than 90 days after the date 
of the enactment of this Act.

SEC. 843. 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. 844. 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).

                       Subtitle F--Other Matters

SEC. 851. EXPEDITED HIRING AUTHORITY FOR THE DEFENSE ACQUISITION 
              WORKFORCE.

    (a) In General.--For purposes of sections 3304, 5333, and 5753 of 
title 5, United States Code, the Secretary of Defense may--
            (1) designate any category of acquisition positions within 
        the Department of Defense as shortage category positions; and
            (2) utilize the authorities in such sections to recruit and 
        appoint highly qualified persons directly to positions so 
        designated.
    (b) Termination of Authority.--The Secretary may not appoint a 
person to a position of employment under this section after September 
30, 2012.

SEC. 852. SPECIFICATION OF SECRETARY OF DEFENSE AS ``SECRETARY 
              CONCERNED'' FOR PURPOSES OF LICENSING OF INTELLECTUAL 
              PROPERTY FOR THE DEFENSE AGENCIES AND DEFENSE FIELD 
              ACTIVITIES.

    Subsection (e) of section 2260 of title 10, United States Code, is 
amended to read as follows:
    ``(e) Definitions.--In this section:
            ``(1) The terms `trademark', `service mark', `certification 
        mark', and `collective mark' have the meanings given such terms 
        in section 45 of the Act of July 5, 1946 (commonly referred to 
        as the Trademark Act of 1946; 15 U.S.C. 1127).
            ``(2) The term `Secretary concerned' includes the Secretary 
        of Defense, with respect to matters concerning the Defense 
        Agencies and the defense field activities.''.

SEC. 853. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY SYSTEM 
              ESSENTIAL ITEM BREAKOUT LIST.

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

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

SEC. 901. 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:
    ``(c) The Assistant to the Secretary shall be considered an 
Assistant Secretary of Defense for purposes of section 138(d) of this 
title.''.

SEC. 902. 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; and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) The Deputy Chief Management Officer of the Department 
        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 vice 
chairman of the Committee, and shall act as chairman in the absence of 
the Deputy Secretary of Defense.''.

SEC. 903. REPEAL OF OBSOLETE LIMITATIONS ON MANAGEMENT HEADQUARTERS 
              PERSONNEL.

    (a) Repeal.--The following provisions of title 10, United States 
Code, are repealed:
            (1) Section 143.
            (2) Section 194.
            (3) Subsection (f) of section 3014.
            (4) Subsection (f) of section 5014.
            (5) Subsection (f) of section 8014.
    (b) Clerical Amendments.--
            (1) The table of sections at the beginning of chapter 4 of 
        such title is amended by striking the item relating to section 
        143.
            (2) The table of sections at the beginning of chapter 8 of 
        such title is amended by striking the item relating to section 
        194.

SEC. 904. 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. 905. ASSIGNMENT OF FORCES TO THE UNITED STATES NORTHERN COMMAND 
              WITH PRIMARY MISSION OF MANAGEMENT OF THE CONSEQUENCES OF 
              AN INCIDENT IN THE UNITED STATES HOMELAND INVOLVING A 
              CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR NUCLEAR DEVICE, OR 
              HIGH-YIELD EXPLOSIVES.

    (a) Findings.--Congress makes the following findings:
            (1) As noted in the June 2005 Department of Defense 
        Strategy for Homeland Defense and Civil Support, protecting the 
        United States homeland from attack is the highest priority of 
        the Department of Defense.
            (2) As further noted in the June 2005 Department of Defense 
        Strategy for Homeland Defense and Civil Support, ``[i]n the 
        next ten years, terrorist groups, poised to attack the United 
        States and actively seeking to inflict mass casualties or 
        disrupt U.S. military operations, represent the most immediate 
        challenge to the nation's security''.
            (3) The Department of Defense established the United States 
        Northern Command in October 2002 to provide command and control 
        of the homeland defense efforts of the Department of Defense 
        and to coordinate defense support of civil authorities, 
        including defense support for Federal consequence management of 
        chemical, biological, radiological, nuclear, or high-yield 
        explosive incidents.
            (4) The Commission on the National Guard and Reserves and 
        the Government Accountability Office have criticized the 
        capacity of the Department of Defense to respond to an incident 
        in the United States homeland involving a chemical, biological, 
        radiological, or nuclear device, or high-yield explosives due 
        to a lack of capabilities to handle simultaneous weapons of 
        mass destruction events and a lack of coordination and planning 
        with the Department of Homeland Security and State and local 
        governments.
            (5) According to testimony to Congress by the Commander of 
        United States Northern Command, the Secretary of Defense has 
        directed that a full-time, dedicated force be trained and 
        equipped by the end of fiscal year 2008 to provide defense 
        support to civil authorities in the case of a chemical, 
        biological, radiological, nuclear, or high-yield explosive 
        incident within the United States. This force is to be assigned 
        to the Commander of the United States Northern Command, and is 
        to be followed by two additional such forces, comprised of 
        units of the regular components of the Armed Forces and units 
        and personnel of the National Guard, and Reserve, to be 
        established over the course of fiscal years 2009 and 2010.
            (6) The Department of Defense and United States Northern 
        Command have begun the process of identifying, training, 
        equipping, and assigning forces for the mission of managing the 
        consequences of chemical, biological, radiological, nuclear, or 
        high-yield explosive incidents in the United States.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Department of Defense should, as part of a 
        Government-wide effort, make every effort to help protect the 
        citizens of this Nation from the threat of an attack on the 
        United States homeland involving a chemical, biological, 
        radiological, or nuclear device, or high-yield explosives by 
        terrorists or other aggressors;
            (2) efforts to establish forces for the mission of managing 
        the consequences of chemical, biological, radiological, 
        nuclear, or high-yield explosive incidents in the United States 
        should receive the highest level of attention within the 
        Department of Defense; and
            (3) the additional forces necessary for that mission should 
        be identified, trained, equipped, and assigned to United States 
        Northern Command as soon as possible.
    (c) Reports Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and one year and two years 
        thereafter, the Secretary of Defense shall submit to the 
        congressional defense committees a report on the progress made 
        as of the date of such report in assigning to the United States 
        Northern Command forces having the primary 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.
            (2) Elements.--Each report submitted under paragraph (1) 
        shall include the following:
                    (A) A description of the force structure, size, 
                composition, and location of the units and personnel of 
                the regular components of the Armed Forces, and the 
                units and personnel of the reserve components of the 
                Armed Forces, assigned to the United States Northern 
                Command that have the primary 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.
                    (B) A description of the progress made in 
                developing procedures to mobilize and demobilize units 
                and personnel of the reserve components of the Armed 
                Forces that are assigned to the United States Northern 
                Command as described in subparagraph (A).
                    (C) A description of the progress being made in the 
                training and certification of units and personnel that 
                are assigned to United States Northern Command as 
                described in subparagraph (A).
                    (D) An assessment of the need to establish a 
                national training center for training units and 
                personnel of the Armed Forces in the management of the 
                consequences of an incident in the United States 
                homeland as described in subparagraph (A).
                    (E) A description of the progress made in 
                addressing the shortfalls in the management of the 
                consequences of an incident in the United States 
                homeland as described in subparagraph (A) that are 
                identified in--
                            (i) the reports of the Comptroller General 
                        of the United States numbered GAO-08-251 and 
                        GAO-08-252; and
                            (ii) the report of the Commission on the 
                        National Guard and Reserve.

SEC. 906. 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 120 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) shall be responsible for the following:
            (1) Transforming the budget, finance, and accounting 
        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.
    (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 six 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 Matters

SEC. 911. 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 such 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) United States military space policy.
                    (B) National security space policy.
                    (C) National security space objectives.
                    (D) Arms control policy.
                    (E) Export control 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--Defense Intelligence Matters

SEC. 921. REQUIREMENT FOR OFFICERS OF THE ARMED FORCES ON ACTIVE DUTY 
              IN CERTAIN INTELLIGENCE POSITIONS.

    (a) In General.--Effective as of October 1, 2008, the individual 
serving in each position specified in subsection (b) shall be a 
commissioned officer of the Armed Forces on active duty.
    (b) Specified Positions.--The positions specified in this 
subsection are the positions as follows:
            (1) Principal deputy to the senior military officer serving 
        as the Deputy Chief of the Army Staff for Intelligence.
            (2) Principal deputy to the senior military officer serving 
        as the Director of Intelligence for the Chief of Naval 
        Operations.
            (3) Principal deputy to the senior military officer serving 
        as the Assistant to the Air Force Chief of Staff for 
        Intelligence.

SEC. 922. TRANSFER OF MANAGEMENT OF INTELLIGENCE SYSTEMS SUPPORT 
              OFFICE.

    (a) Transfer of Management Generally.--
            (1) Transfer.--Except as provided in subsection (b), 
        management of the Intelligence Systems Support Office, and all 
        programs and activities of that office as of April 1, 2008, 
        including the Foreign Materials Acquisitions program, shall be 
        transferred to the Defense Intelligence Agency.
            (2) Management.--The programs and activities of the 
        Intelligence Systems Support Office transferred under paragraph 
        (1) shall, after transfer under that paragraph, be managed by 
        the Director of the Defense Intelligence Agency.
    (b) Transfer of Management of Center for International Issues 
Research.--
            (1) Transfer.--Management of the Center for International 
        Issues Research shall be transferred to the Office of the 
        Assistant Secretary of Defense for Special Operations and Low 
        Intensity Conflict.
            (2) Management.--The Center for International Issues 
        Research shall, after transfer under paragraph (1), be managed 
        by the Assistant Secretary of Defense for Special Operations 
        and Low Intensity Conflict.
    (c) Deadline for Transfers of Management.--The transfers of 
management required by subsections (a) and (b) shall occur not later 
than 30 days after the date of the enactment of this Act.
    (d) Limitation on Certain Authority of USD for Intelligence.--
Effective as of December 1, 2008, the Under Secretary of Defense for 
Intelligence may not establish or maintain the capabilities as follows:
            (1) A capability to execute programs of technology or 
        systems development and acquisition.
            (2) A capability to provide operational support to 
        combatant commands.

SEC. 923. PROGRAM ON ADVANCED SENSOR APPLICATIONS.

    (a) Program Required.--
            (1) In general.--The Under Secretary of Defense for 
        Acquisition, Technology, and Logistics shall provide for the 
        carrying out of a program on advanced sensor applications in 
        order to provide for the evaluation by the Department of 
        Defense on scientific and engineering grounds of foreign 
        technology utilized for the detection and tracking of 
        submarines.
            (2) Designation.--The program under this section shall be 
        known as the ``Advanced Sensor Applications Program''.
    (b) Responsibility for Execution of Program.--The program under 
this section shall be carried out by the Commander of the Naval Air 
Systems Command in consultation with the Program Executive Officer for 
Aviation of the Department of the Navy and the Director of Special 
Programs for the Chief of Naval Operations.
    (c) Program Requirements and Limitations.--
            (1) Access to certain information.--In carrying out the 
        program under this section, the Commander of the Naval Air 
        Systems Command shall--
                    (A) have complete access to all United States 
                intelligence relating to the detection and tracking of 
                submarines; and
                    (B) be kept currently apprised of information and 
                assessments of the Office of Naval Intelligence, the 
                Defense Intelligence Agency, and the Central 
                Intelligence Agency, and of information and assessments 
                of the intelligence services of allies of the United 
                States that are available to the United States, on 
                matters relating to the detection and tracking of 
                submarines.
            (2) Independence of program.--The program under this 
        section shall be carried out independently of the Office of 
        Naval Intelligence, the Defense Intelligence Agency, the 
        Central Intelligence Agency, and any other element of the 
        intelligence community.

                      TITLE X--GENERAL PROVISIONS

                     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 
        $5,000,000,000.
            (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. INCORPORATION INTO ACT OF TABLES IN THE REPORT OF THE 
              COMMITTEE ON ARMED SERVICES OF THE SENATE.

    (a) Incorporation.--Each funding table in the report of the 
Committee on Armed Services of the Senate to accompany the bill S. ___ 
of the 110th Congress is hereby incorporated into this Act and is 
hereby made a requirement in law. Items in each such funding table 
shall be binding on agency heads in the same manner and to the same 
extent as if such funding table was included in the text of this Act, 
unless transfers of funding for such items are approved in accordance 
with established procedures.
    (b) Merit-Based Decisions.--Decisions by agency heads to commit, 
obligate, or expend funds on the basis of any funding table 
incorporated into this Act pursuant to subsection (a) shall be based on 
authorized, transparent, statutory criteria, and merit-based 
decisionmaking in accordance with the requirements of sections 2304(k) 
and 2374 of title 10, United States Code, and other applicable 
provisions of law.
    (c) Oral and Written Communications.--No oral or written 
communication concerning any item in a funding table incorporated into 
this Act under subsection (a) shall supersede the requirements of 
subsection (b).

SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN 
              FISCAL YEAR 2009.

    (a) Fiscal Year 2009 Limitation.--The total amount contributed by 
the Secretary of Defense in fiscal year 2009 for the common-funded 
budgets of NATO may be any amount up to, but not in excess of, the 
amount specified in subsection (b) (rather than the maximum amount that 
would otherwise be applicable to those contributions under the fiscal 
year 1998 baseline limitation).
    (b) Total Amount.--The amount of the limitation applicable under 
subsection (a) is the sum of the following:
            (1) The amounts of unexpended balances, as of the end of 
        fiscal year 2008, of funds appropriated for fiscal years before 
        fiscal year 2009 for payments for those budgets.
            (2) The amount specified in subsection (c)(1).
            (3) The amount specified in subsection (c)(2).
            (4) The total amount of the contributions authorized to be 
        made under section 2501.
    (c) Authorized Amounts.--Amounts authorized to be appropriated by 
titles II and III of this Act are available for contributions for the 
common-funded budgets of NATO as follows:
            (1) Of the amount provided in section 201(1), $1,049,000 
        for the Civil Budget.
            (2) Of the amount provided in section 301(1), $408,788,000 
        for the Military Budget.
    (d) Definitions.--For purposes of 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.

                Subtitle B--Naval Vessels and Shipyards

SEC. 1011. GOVERNMENT RIGHTS IN DESIGNS OF DEPARTMENT OF DEFENSE 
              VESSELS, BOATS, CRAFT, AND COMPONENTS DEVELOPED USING 
              PUBLIC FUNDS.

    (a) In General.--Chapter 633 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 7317. Government rights in designs of Department of Defense 
              vessels, boats, craft, and components developed using 
              public funds
    ``(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, developed in 
whole or in part using public funds 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. Government rights in designs of Department of Defense vessels, 
                            boats, craft, and components developed 
                            using public funds.''.

SEC. 1012. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS OPERATIONS.

    (a) In General.--Amounts appropriated for operation and maintenance 
for the Navy 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.

                  Subtitle C--Counter-Drug Activities

SEC. 1021. 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 (10 U.S.C. 371 note) is amended by striking ``through 
2008'' and inserting ``through 2009''.

SEC. 1022. TWO-YEAR EXTENSION OF AUTHORITY FOR USE OF FUNDS FOR UNIFIED 
              COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

    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)(1), by striking ``through 2008'' and 
        inserting ``through 2010''; and
            (2) in subsection (c), by striking ``through 2008'' and 
        inserting ``through 2010''.

         Subtitle D--Miscellaneous Authorities and Limitations

SEC. 1031. 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. 1032. 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 the following new section:
``Sec. 409. Center for Complex Operations
    ``(a) Center Authorized.--The Secretary of Defense may establish 
within the Department of Defense 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 among the departments and 
        agencies of the United States Government, foreign governments 
        and militaries, international organizations, and 
        nongovernmental organizations in their participation in complex 
        operations.
            ``(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 United States 
        Government personnel, relating to complex operations, and to 
        facilitate efforts to fill such gaps.
    ``(c) Support From Other United States Government 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.
    ``(d) 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 prescribe written guidance setting forth 
the criteria to be used in determining the applicability of paragraph 
(3) to any proposed gift or donation under this subsection.
    ``(e) 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.
    ``(f) 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. 1033. 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. 1034. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR AIRLIFT 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. Airlift services: minimum annual purchase amount for 
              carriers participating in Civil Reserve Air Fleet
    ``(a) In General.--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 airlift services with a minimum purchase amount under such contract 
determined in accordance with this section.
    ``(b) Eligible 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.
    ``(c) Aggregate Minimum Purchase Amount.--(1) The aggregate amount 
of the minimum purchase amount for all contracts awarded under 
subsection (a) for a fiscal year shall be based on forecast needs, but 
may not exceed the amount equal to 80 percent of the average annual 
expenditure of the Department of Defense for commercial airlift 
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 airlift services for purposes of paragraph 
(1), the Secretary of Defense shall omit from the calculation any 
fiscal year exhibiting unusually high demand for commercial airlift 
services if the Secretary determines that the omission of such fiscal 
year from the calculation will result in a more accurate forecast of 
anticipated commercial airlift services for purposes of that paragraph.
    ``(d) Allocation of Minimum Purchase Among Contracts.--(1) The 
aggregate amount of the minimum purchase amount for all contracts 
awarded under subsection (a) for a fiscal year, as determined under 
subsection (c), shall be allocated among all air carriers and air 
carrier contractor team arrangements awarded contracts under subsection 
(a) 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 (a) for airlift 
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 airlift 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.
    ``(e) Distribution of Amounts.--If any amount available under this 
section for the minimum purchase of airlift services from a carrier or 
air carrier contractor team arrangement for a fiscal year under a 
contract under subsection (a) is not utilized to purchase airlift 
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.
    ``(f) 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 (a) for such fiscal year equivalent 
to the percentage of the anticipated use of airlift services by such 
military department during such fiscal year from all carriers under 
contracts awarded under subsection (a) 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 (e) unless minimum purchase amounts 
have already been distributed by the Secretary of Defense under 
subsection (e) as of that date.
    ``(g) Availability of Airlift Services.--(1) From the total amount 
of airlift services available for a fiscal year under all contracts 
awarded under subsection (a) for such fiscal year, a military 
department shall be entitled to obtain a percentage of such airlift 
services equal to the percentage of the contribution of the military 
department to the transportation working capital fund for such fiscal 
year under subsection (f).
    ``(2) A military department may transfer any entitlement to airlift 
services under paragraph (1) to any other military department or to any 
other agency, element, or component of the Department of Defense.
    ``(h) 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. Airlift services: minimum annual purchase amount for carriers 
                            participating in Civil Reserve Air 
                            Fleet.''.

SEC. 1035. TERMINATION DATE OF BASE CONTRACT FOR THE NAVY-MARINE CORPS 
              INTRANET.

    Section 814 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-215), as amended by section 362 of the National Defense 
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 
1065) and Public Law 107-254 (116 Stat. 1733), is further amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection (j):
    ``(j) Termination Date of Base Contract for Navy-Marine Corps 
Intranet.--Notwithstanding subsection (i), the base contract of the 
Navy-Marine Corps Intranet contract may terminate on October 31, 
2010.''.

SEC. 1036. PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR 
              PERSONNEL.

    (a) Regulations Required.--Effective as of the date that is one 
year after the date of the enactment of this Act, the Department of 
Defense manpower mix criteria and the Department of Defense Supplement 
to the Federal Acquisition Regulation shall be revised to provide 
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 be transferred to private 
        sector contractors who are beyond the reach of controls 
        otherwise applicable to government personnel; and
            (2) properly trained and cleared contractors may be used as 
        linguists, interpreters, report writers, and information 
        technology technicians if their work is properly reviewed by 
        appropriate government officials.
    (b) Penalties.--The obligation or expenditure of Department of 
Defense funds for a contract that is not in compliance with the 
regulations issued pursuant to this section is a violation of section 
1341(a)(1)(A) of title 31, United States Code.

SEC. 1037. 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. 1038. 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, has been vacant for more 
        than 18 months.
    (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) the President should take immediate steps to nominate a 
        qualified individual for the position of Assistant to the 
        Secretary of Defense for Nuclear and Chemical and Biological 
        Defense Programs; and
            (4) the Secretary of Defense should establish and fill a 
        senior position, at the level of Assistant Secretary or Deputy 
        Under Secretary, within the Office of the Under Secretary of 
        Defense for Policy to be responsible solely for the strategic 
        and nuclear weapons policy of the Department of Defense.

SEC. 1039. 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. 1040. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO, STRATEGIC 
              LIFT AIRCRAFT FOR CIVILIAN USE.

    (a) Findings.--Congress makes the following findings:
            (1) The 2004 Quadrennial Defense Review (as submitted to 
        Congress in 2005) and the 2005 Mobility Capability Study 
        determined that the United States Transportation Command 
        requires a force of 292 organic strategic lift 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 301 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 lift aircraft would be harmful to 
        the health of the Civil Reserve Air Fleet.
            (3) The C-17 Globemaster aircraft is the workhorse of the 
        Air Mobility Command in the Global War on Terror. Production of 
        the C-17 Globemaster aircraft is scheduled to cease in 2009, 
        upon completion of the aircraft remaining to be procured by the 
        Air Force.
            (4) The Federal Aviation Administration has informed the 
        Committee on Armed Services of the Senate that no fewer than 
        six commercial operators have expressed interest in procuring a 
        commercial variant of the C-17 Globemaster aircraft. Commercial 
        sale of the C-17 Globemaster aircraft would require that the 
        Department of Defense or Congress determine that it is in the 
        national interest for the Federal Aviation Administration to 
        proceed with the issuance of a type certificate for surplus 
        aircraft of the Armed Forces in accordance with section 21.27 
        of title 14, Code of Federal Regulations.
            (5) C-17 Globemaster 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.
            (6) The sale of a commercial variant of the C-17 
        Globemaster to Civil Reserve Air Fleet partners would 
        strengthen the United States industrial base.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should--
            (1) review the benefits and feasibility of pursuing a 
        commercial-military cargo initiative for the C-17 Globemaster 
        aircraft and determine whether such an initiative is in the 
        national interest; and
            (2) if the Secretary determines that such an initiative is 
        in the national interest, take appropriate actions to 
        coordinate with the Federal Aviation Administration to achieve 
        the type certification for such aircraft required by section 
        21.27 of title 14, Code of Federal Regulations.

                          Subtitle E--Reports

SEC. 1051. REPEAL OF REQUIREMENT TO SUBMIT CERTAIN ANNUAL REPORTS TO 
              CONGRESS REGARDING ALLIED CONTRIBUTIONS TO THE COMMON 
              DEFENSE.

    (a) Repeal of Certain Reports on Allied Contributions to the Common 
Defense.--Section 1003 of the Department of Defense Authorization Act, 
1985 (Public Law 95-525; 98 Stat. 2576) is amended by striking 
subsections (c) and (d).
    (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).

SEC. 1052. 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 during the period beginning on 
January 1, 2007, and ending on the date of the report.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A detailed description of the policies and procedures 
        governing detention operations at theater internment facilities 
        in Iraq during the period covered by the report, and a 
        description of any changes to such policies and procedures 
        during that period intended to incorporate counterinsurgency 
        doctrine within such detention operations.
            (2) A detailed description of the policies and programs 
        instituted to prepare detainees for reintegration following 
        their release from detention in theater interment facilities in 
        Iraq, including programs of family visits and outreach, 
        religious counseling, literacy, basic education, and vocational 
        skills.
            (3) A detailed description of the procedures for reviewing 
        the detention status of individuals under detention in theater 
        detention facilities in Iraq during the period covered by the 
        report, including the procedures of the Multinational Forces 
        Review Committee, and an assessment of the effect, if any, on 
        United States detention policy and procedures with respect to 
        Iraq of the General Amnesty Law approved by the Council of 
        Representatives on February 13, 2008, and signed by the 
        Presidency Council on February 26, 2008.
            (4) Information for each month of the period covered by the 
        report as follows:
                    (A) The detainee population at each theater 
                internment facility in Iraq as of the end of such 
                month.
                    (B) The number of detainees released from detention 
                in theater internment facilities in Iraq during such 
                month both in aggregate and in number released from 
                each such theater internment facility.
                    (C) The number of detainees in theater internment 
                facilities in Iraq turned over to the control of the 
                Government of Iraq for criminal prosecution during such 
                month.
            (5) Information on the length of detainments in the theater 
        internment facilities in Iraq as of each of January 1, 2007, 
        and January 1, 2008, with a stratification of the number of 
        individuals who had been so detained at each such date by six-
        month increments.
            (6) A description and assessment of the effects of changes 
        in detention operations and reintegration programs at theater 
        internment facilities in Iraq during the period 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.
            (7) A statement of the costs of establishing and operating 
        reintegration centers in Iraq and of the share of such costs to 
        be paid by the Government of Iraq, and a description of plans 
        for the transition of such centers to the control of the 
        Government of Iraq.
            (8) 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. 1053. STRATEGIC PLAN TO ENHANCE THE ROLE OF THE NATIONAL GUARD AND 
              RESERVES IN THE NATIONAL DEFENSE.

    (a) Strategic Plan Required.--
            (1) In general.--The Secretary of Defense shall develop a 
        strategic plan to enhance the role of the National Guard and 
        Reserves in the national defense, including--
                    (A) the transition of the reserve components of the 
                Armed Forces from a strategic force to an operational 
                force;
                    (B) the achievement of a fully-integrated total 
                force (including further development of the continuum 
                of service); and
                    (C) the enhancement of the role of the reserve 
                components of the Armed Forces in homeland defense.
            (2) Consultation.--The Secretary shall develop the 
        strategic plan required by this subsection in consultation with 
        the Chairman of the Joint Chiefs of Staff and the Chief of the 
        National Guard Bureau.
    (b) Consideration of Existing Findings, Recommendations, and 
Practices.--In developing the strategic plan required by subsection 
(a), the Secretary shall consider the following:
            (1) The findings and recommendations of the final report of 
        the Commission on the National Guard and Reserves.
            (2) The findings and recommendations of the Center for 
        Strategic and International Studies on the future of the 
        National Guard and Reserves.
            (3) The policies expressed in the provisions of the bill S. 
        2760 of the 110th Congress, to amend title 10, United States 
        Code, to enhance the national defense through empowerment of 
        the National Guard, enhancement of the functions of the 
        National Guard Bureau, and improvement of Federal-State 
        military coordination in domestic emergency response, and for 
        other purposes.
            (4) Current policies and practices of the Department of 
        Defense for the utilization of members and units of the reserve 
        components of the Armed Forces.
    (c) Elements.--The strategic plan required by subsection (a) shall 
include the following:
            (1) A description of the legislative, organizational, and 
        administrative actions required to make the reserve components 
        of the Armed Forces a sustainable operational force.
            (2) A description of the legislative, organizational, and 
        administrative actions required to enhance the Department of 
        Defense role in homeland defense and support of civil 
        authorities, with particular emphasis on the role of the 
        reserve components of the Armed Forces in such role.
            (3) A description of the legislative, organizational, and 
        administrative actions required to create a continuum of 
        service in the reserve components of the Armed Forces, 
        including a personnel management system for an integrated total 
        force that will facilitate the seamless transition of members 
        of National Guard and Reserves on and off active duty to meet 
        mission requirements and permit different levels of 
        participation by such members in the Armed Forces over the 
        course of a military career.
            (4) A description of the legislative and administrative 
        actions required to develop a ready, capable, and available 
        operational reserve for the Armed Forces.
            (5) A description of the legislative and administrative 
        actions required to reform organizations and institutions to 
        support an operational reserve for the Armed Forces.
            (6) A description of the legislative and administrative 
        actions required to enhance support to members of the Armed 
        Forces, including members of the reserve components of the 
        Armed Forces, their families, and their employers.
    (d) Deadline for Submittal.--The Secretary shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report setting forth the plan required by subsection 
(a) not later than July 1, 2009.

SEC. 1054. REVIEW OF NONNUCLEAR PROMPT GLOBAL STRIKE CONCEPT 
              DEMONSTRATIONS.

    (a) In General.--The Secretary of Defense shall, in consultation 
with the Secretary of State, conduct a review of each nonnuclear prompt 
global strike concept demonstration 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).
    (b) Elements.--The review required by subsection (a) shall include, 
for each concept demonstration described in that subsection, the 
following:
            (1) The full cost of such concept demonstration.
            (2) An assessment of any policy, legal, or treaty-related 
        issues that could arise during the course of, or as a result 
        of, such concept demonstration.
            (3) The extent to which the concept demonstrated could be 
        misconstrued as a nuclear weapon or delivery system.
            (4) An assessment of the potential basing and deployment 
        options for the concept demonstrated.
            (5) A description of the types of targets against which the 
        concept demonstrated might be used.
    (c) Report.--Not later than 30 days after the date on which the 
President submits to Congress the budget for fiscal year 2010 (as so 
submitted), the Secretary of Defense shall submit to the congressional 
defense committees a report setting forth the results of the review 
required by subsection (a).

SEC. 1055. 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 of the Department of 
        Defense and the intelligence community to transport data, 
        including Government and commercial ground networks and 
        satellite systems.
            (2) The bandwidth capacities 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) 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 described 
                in paragraph (1); and
                    (B) the degree to which any such requirements are 
                not being met by such bandwidth capacities.
            (4) 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 described 
                in paragraph (2); and
                    (B) the degree to which any such requirements are 
                not anticipated to be met by such bandwidth capacities.
            (5) Any mitigation concepts that could be used to satisfy 
        any unmet bandwidth and data requirements.
            (6) The costs of meeting the bandwidth and data 
        requirements described in paragraphs (3) and (4).
            (7) 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'' means the elements of the intelligence community 
        specified in or designated under 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.

                  Subtitle F--Wounded Warrior Matters

SEC. 1061. 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)''.

SEC. 1062. INCLUSION OF SERVICE MEMBERS IN INPATIENT STATUS IN WOUNDED 
              WARRIOR POLICIES AND PROTECTIONS.

    Section 1602(7) of the Wounded Warrior Act (title XVI of Public Law 
110-181; 122 Stat. 432; 10 U.S.C. 1071 note) is amended by inserting 
``inpatient or'' before ``outpatient status''.

SEC. 1063. CLARIFICATION OF CERTAIN INFORMATION SHARING BETWEEN THE 
              DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS 
              FOR WOUNDED WARRIOR PURPOSES.

    (a) In General.--Section 1614(b)(11) of the Wounded Warrior Act 
(title XVI of Public Law 110-181; 122 Stat. 444; 10 U.S.C. 1071 note) 
is amended by inserting before the period at the end the following: 
``or that such transfer is otherwise authorized by the regulations 
implementing such Act''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 28, 2008, as if included in the provisions of 
the Wounded Warrior Act, to which such amendment relates.

SEC. 1064. 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. 1065. RESPONSIBILITY FOR THE CENTER OF EXCELLENCE IN THE 
              PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT AND 
              REHABILITATION OF TRAUMATIC BRAIN INJURY TO CONDUCT PILOT 
              PROGRAMS ON TREATMENT APPROACHES FOR TRAUMATIC BRAIN 
              INJURY.

    Section 1621(c) of the Wounded Warrior Act (title XVI of Public Law 
110-181; 122 Stat. 453; 10 U.S.C. 1071 note) is amended--
            (1) by redesignating paragraphs (2) through (13) as 
        paragraphs (3) through (14), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) To conduct pilot programs to promote or assess the 
        efficacy of approaches to the treatment of all forms of 
        traumatic brain injury, including mild traumatic brain 
        injury.''.

SEC. 1066. CENTER OF EXCELLENCE IN THE MITIGATION, TREATMENT, AND 
              REHABILITATION OF TRAUMATIC EXTREMITY INJURIES AND 
              AMPUTATIONS.

    (a) In General.--The Secretary of Veterans Affairs and the 
Secretary of Defense shall jointly establish a center of excellence in 
the mitigation, treatment, and rehabilitation of traumatic extremity 
injuries and amputations.
    (b) Partnerships.--The Secretary of Veterans Affairs and the 
Secretary of Defense shall jointly ensure that the center collaborates 
with the Department of Veterans Affairs, the Department of Defense, 
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 Veterans Affairs and the Department of Defense 
        for the mitigation, treatment, and rehabilitation of traumatic 
        extremity injuries and amputations.
            (2) To carry out such other activities to improve and 
        enhance the efforts of the Department of Veterans Affairs and 
        the Department of Defense for the mitigation, treatment, and 
        rehabilitation of traumatic extremity injuries and amputations 
        as the Secretary of Veterans Affairs and the Secretary of 
        Defense 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 Veterans Affairs and the Secretary of Defense 
        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 Veterans Affairs and the 
                Department of Defense for the mitigation, treatment, 
                and rehabilitation of traumatic extremity injuries and 
                amputations.

SEC. 1067. THREE-YEAR 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 September 30, 2011.
    (b) Report on Further Extension of Committee.--Not later than 
December 31, 2010, 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 September 30, 2011. If the Secretaries recommend that 
continuing the operations of the Senior Oversight Committee after 
September 30, 2011, 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 serve 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.

                       Subtitle G--Other Matters

SEC. 1081. 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. 1082. 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, 2012''; and
            (2) in paragraph (2), by striking ``implemented'' and 
        inserting ``developed''.

SEC. 1083. 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)).''.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. DEPARTMENT OF DEFENSE STRATEGIC HUMAN CAPITAL PLANS.

    (a) Codification of Annual Requirement for Plan.--
            (1) In general.--Chapter 2 of title 10, United States Code, 
        is amended by adding after section 115a the following new 
        section:
``Sec. 115b. Department of Defense strategic human capital plans
    ``(a) Annual Plan Required.--The Secretary of Defense shall submit 
to Congress on an annual basis a strategic human capital plan to shape 
and improve the civilian employee workforce of the Department of 
Defense. The plan shall be submitted not later than March 1 each year.
    ``(b) Contents.--Each strategic human capital plan under subsection 
(a) shall include the following:
            ``(1) An assessment of--
                    ``(A) the critical skills and competencies that 
                will be needed in the future civilian employee 
                workforce of the Department of Defense to support 
                national security requirements and effectively manage 
                the Department over the next decade;
                    ``(B) the skills and competencies of the existing 
                civilian employee workforce of the Department and 
                projected trends in that workforce based on expected 
                losses due to retirement and other attrition; and
                    ``(C) gaps in the existing or projected civilian 
                employee workforce of the Department that should be 
                addressed to ensure that the Department has continued 
                access to the critical skills and competencies 
                described in subparagraph (A).
            ``(2) A plan of action for developing and reshaping the 
        civilian employee workforce of the Department to address the 
        gaps in critical skills and competencies identified under 
        paragraph (1)(C), including--
                    ``(A) specific recruiting and retention goals, 
                including the program objectives of the Department to 
                be achieved through such goals and the funding needed 
                to achieve such goals; and
                    ``(B) specific strategies for developing, training, 
                deploying, compensating, and motivating the civilian 
                employee workforce of the Department, including the 
                program objectives of the Department to be achieved 
                through such strategies and the funding needed to 
                implement such strategies.
            ``(3) An assessment, using results-oriented performance 
        measures, of the progress of the Department in implementing the 
        strategic human capital plan under this section during the 
        previous year.
    ``(c) Senior Management, Functional, and Technical Workforce.--(1) 
Each strategic human capital plan under subsection (a) shall 
specifically address the shaping and improvement of the senior 
management, functional, and technical workforce (including scientists 
and engineers) of the Department of Defense.
    ``(2) For purposes of paragraph (1), each plan shall include, at a 
minimum, the following:
            ``(A) An assessment of--
                    ``(i) the needs of the Department for senior 
                management, functional, and technical personnel 
                (including scientists and engineers) in light of recent 
                trends and projected changes in the mission and 
                organization of the Department and in light of staff 
                support needed to accomplish that mission;
                    ``(ii) the capability of the existing civilian 
                employee workforce of the Department to meet 
                requirements relating to the mission of the Department, 
                including the impact on that capability of projected 
                trends in the senior management, functional, and 
                technical personnel workforce of the Department based 
                on expected losses due to retirement and other 
                attrition; and
                    ``(iii) gaps in the existing or projected civilian 
                employee workforce of the Department that should be 
                addressed to ensure that the Department has continued 
                access to the senior management, functional, and 
                technical personnel (including scientists and 
                engineers) it needs.
            ``(B) A plan of action for developing and reshaping the 
        senior management, functional, and technical workforce of the 
        Department to address the gaps identified under subparagraph 
        (A)(iii), including--
                    ``(i) any legislative or administrative action that 
                may be needed to adjust the requirements applicable to 
                any category of civilian personnel identified in 
                paragraph (3) or to establish a new category of senior 
                management or technical personnel;
                    ``(ii) any changes in the number of personnel 
                authorized in any category of personnel identified in 
                subsection (b) that may be needed to address such gaps 
                and effectively meet the needs of the Department;
                    ``(iii) any changes in the rates or methods of pay 
                for any category of personnel identified in paragraph 
                (3) that may be needed to address inequities and ensure 
                that the Department has full access to appropriately 
                qualified personnel to address such gaps and meet the 
                needs of the Department;
                    ``(iv) specific recruiting and retention goals, 
                including the program objectives of the Department to 
                be achieved through such goals;
                    ``(v) specific strategies for developing, training, 
                deploying, compensating, motivating, and designing 
                career paths and career opportunities for the senior 
                management, functional, and technical workforce of the 
                Department, including the program objectives of the 
                Department to be achieved through such strategies; and
                    ``(vi) specific steps that the Department has taken 
                or plans to take to ensure that the senior management, 
                functional, and technical workforce of the Department 
                is managed in compliance with the requirements of 
                section 129 of this title.
    ``(3) For purposes of this subsection, the senior management, 
functional, and technical workforce of the Department of Defense 
includes the following categories of Department of Defense civilian 
personnel:
            ``(A) Appointees in the Senior Executive Service under 
        section 3131 of title 5.
            ``(B) Persons serving in positions described in section 
        5376(a) of title 5.
            ``(C) Highly qualified experts appointed pursuant to 
        section 9903 of title 5.
            ``(D) Scientists and engineers appointed pursuant to 
        section 342(b) of the National Defense Authorization Act for 
        Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as 
        amended by section 1114 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-315)).
            ``(E) Scientists and engineers appointed pursuant to 
        section 1101 of the Strom Thurmond National Defense 
        Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).
            ``(F) Persons serving in the Defense Intelligence Senior 
        Executive Service under section 1606 of this title.
            ``(G) Persons serving in Intelligence Senior Level 
        positions under section 1607 of this title.
    ``(d) Defense Acquisition Workforce.--(1) Each strategic human 
capital plan under subsection (a) shall specifically address the 
shaping and improvement of the defense acquisition workforce, including 
both military and civilian personnel.
    ``(2) For purposes of paragraph (1), each plan shall include, at a 
minimum, the following:
            ``(A) An assessment of--
                    ``(i) the skills and competencies needed in the 
                military and civilian workforce of the Department of 
                Defense to effectively manage the acquisition programs 
                and activities of the Department over the next decade;
                    ``(ii) the skills and competencies of the existing 
                military and civilian acquisition workforce of the 
                Department and projected trends in that workforce based 
                on expected losses due to retirement and other 
                attrition; and
                    ``(iii) gaps in the existing or projected military 
                and civilian acquisition workforce that should be 
                addressed to ensure that the Department has access to 
                the skills and competencies identified pursuant to 
                clauses (i) and (ii).
            ``(B) A plan of action that establishes specific objectives 
        for developing and reshaping the military and civilian 
        acquisition workforce of the Department to address the gaps in 
        skills and competencies identified under subparagraph (A), 
        including--
                    ``(i) specific recruiting and retention goals; and
                    ``(ii) specific strategies and incentives for 
                developing, training, deploying, compensating, and 
                motivating the military and civilian acquisition 
                workforce of the Department to achieve such goals.
            ``(C) A plan for funding needed improvements in the 
        military and civilian acquisition workforce of the Department, 
        including--
                    ``(i) an identification of the funding programmed 
                for defense acquisition workforce improvements, 
                including a specific identification of funding provided 
                in the Department of Defense Acquisition Workforce Fund 
                established under section 1705 of this title;
                    ``(ii) an identification of the funding programmed 
                for defense acquisition workforce training in the 
                future-years defense program, including a specific 
                identification of funding provided by the acquisition 
                workforce training fund established under section 
                37(h)(3) of the Office of Federal Procurement Policy 
                Act (41 U.S.C. 433(h)(3));
                    ``(iii) a description of how the funding identified 
                pursuant to clauses (i) and (ii) will be implemented 
                during the fiscal year concerned to address the areas 
                of need identified in accordance with subparagraph (A);
                    ``(iv) a statement of whether the funding 
                identified under clauses (i) and (ii) is being fully 
                used; and
                    ``(v) a description of any continuing shortfall in 
                funding available for the defense acquisition 
                workforce.
    ``(e) Submittals by Secretaries of the Military Departments and 
Heads of the Defense Agencies.--The Secretary of Defense shall require 
the Secretary of each military department and the head of each Defense 
Agency to submit a report to the Secretary addressing each of the 
matters described in this section. The Secretary of Defense shall 
establish a deadline for the submittal of reports under this subsection 
that enables the Secretary to consider the material submitted in a 
timely manner and incorporate such material, as appropriate, into the 
strategic human capital plans required by this section.
    ``(f) Gaps in the Workforce.--(1) The Secretary of Defense may not 
conduct a public-private competition under chapter 126 of this title, 
Office of Management and Budget Circular A-76, or any other provision 
of law or regulation before expanding the civilian workforce of the 
Department of Defense to address a gap in the workforce identified 
under this section.
    ``(2) For purposes of this section, gaps in the workforce include--
            ``(A) shortcomings in the skills and competencies of 
        employees; and
            ``(B) shortcomings in the number of employees possessing 
        such skills and competencies.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 2 of such title is amended by inserting 
        after the item relating to section 115a the following new item:

``115b. Department of Defense strategic human capital plans.''.
    (b) Comptroller General Review.--Not later than 90 days after date 
on which the Secretary of Defense submits to Congress an annual 
strategic human capital plan under section 115b of title 10, United 
States Code (as added by subsection (a)), in each of 2009, 2010, 2011 
and 2012, the Comptroller General of the United States shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a report on the plan so submitted.
    (c) Conforming Repeals.--The following provisions are repealed:
            (1) Section 1122 of the National Defense Authorization Act 
        for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10 
        U.S.C. note prec. 1580).
            (2) Section 1102 of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 119-364; 120 
        Stat. 2407).
            (3) Section 851 of the National Defense Authorization Act 
        for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 247; 10 
        U.S.C. note prec. 1580).

SEC. 1102. CONDITIONAL INCREASE IN AUTHORIZED NUMBER OF DEFENSE 
              INTELLIGENCE SENIOR EXECUTIVE SERVICE PERSONNEL.

    (a) In General.--Section 1606(a) of title 10, United States Code, 
is amended--
            (1) by inserting ``(1)'' before ``The Secretary of 
        Defense''; and
            (2) by striking the second sentence and inserting the 
        following:
    ``(2)(A) The number of positions in the Defense Intelligence Senior 
Executive Service in any fiscal year after fiscal year after fiscal 
year 2008 may not exceed the lesser of the following:
            ``(i) The number of such positions authorized on September 
        30, 2007, as adjusted by the percentage specified in 
        subparagraph (B) for such fiscal year.
            ``(ii) 694.
    ``(B) The percentage specified in this subparagraph for a fiscal 
year is the percentage by which the authorized number of Department of 
Defense positions in the Senior Executive Service has been increased as 
of the end of the preceding fiscal year over the number of such 
positions authorized on September 30, 2007.
    ``(3) Priority shall be given in the allocation of any increase in 
the number of authorized positions in the Defense Intelligence Senior 
Executive Service after fiscal year 2008 to components of the 
intelligence community within the Department of Defense in which the 
ratio of senior executives to employees other than senior executives is 
the lowest.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.

SEC. 1103. 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 inserting ``(except that the 
        limitations of chapter 33 may be waived to the extent necessary 
        to achieve the purposes of this subsection)'' after ``the 
        limitations in subsection (b)(3)''; and
            (2) in paragraph (2), by inserting before the period at the 
        end the following: ``in a manner comparable to the manner in 
        which such provisions are applied under chapter 33''.

SEC. 1104. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE PROFESSIONALS OF 
              THE DEPARTMENT OF DEFENSE.

    (a) In General.--For purposes of sections 3304, 5333, and 5753 of 
title 5, United States Code, the Secretary of Defense may--
            (1) designate any category of health care position within 
        the Department of Defense as a shortage category position if 
        the Secretary determines that there exists a severe shortage of 
        candidates for such position or there is a critical hiring need 
        for such position; and
            (2) utilize the authorities in such sections to recruit and 
        appoint highly qualified persons directly to positions so 
        designated.
    (b) Termination of Authority.--The Secretary may not appoint a 
person to a position of employment under this section after September 
30, 2012.

SEC. 1105. 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 inserting ``notification of deployment or'' after 
        ``the date of the''.
    (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):
    ``(2) 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. 1106. PERMANENT EXTENSION OF DEPARTMENT OF DEFENSE VOLUNTARY 
              REDUCTION IN FORCE AUTHORITY.

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

SEC. 1107. FOUR-YEAR EXTENSION OF AUTHORITY TO MAKE LUMP SUM SEVERANCE 
              PAYMENTS WITH RESPECT TO DEPARTMENT OF DEFENSE EMPLOYEES.

    Section 5595(i)(4) of title 5, United States Code, is amended by 
striking ``October 1, 2010'' and inserting ``October 1, 2014''.

SEC. 1108. AUTHORITY TO WAIVE LIMITATIONS ON PAY FOR FEDERAL CIVILIAN 
              EMPLOYEES WORKING OVERSEAS UNDER AREAS OF UNITED STATES 
              CENTRAL COMMAND.

    (a) Waiver Authority.--
            (1) In general.--Notwithstanding sections 5307 and 5547 of 
        title 5, United States Code, the head of an Executive agency 
        (as that term is defined in section 105 of title 5, United 
        States Code) may, during calendar year 2009, waive limitations 
        on the aggregate on basic pay and premium pay payable in such 
        calendar year, and on allowances, differentials, bonuses, 
        awards, and similar cash payments payable in such calendar 
        year, to 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 in direct support of, or 
        directly related to--
                    (A) a military operation, including a contingency 
                operation; or
                    (B) an operation in response to a declared 
                emergency.
            (2) Limitation.--The total annual compensation payable to 
        an employee pursuant to a waiver under this subsection may not 
        exceed the total annual compensation payable to the Vice 
        President under section 104 of title 3, United States Code.
    (b) Rollover of Earned Pay to Subsequent Year.--Any amount that 
would otherwise be paid an employee in calendar year 2009 under a 
waiver under subsection (a)(1) except for the limitation in subsection 
(a)(2) shall be paid to the employee in a lump sum at the beginning of 
calendar year 2010. Any amount paid an employee under this subsection 
in calendar year 2010 shall be taken into account as if the limitation 
in subsection (a)(2) was applicable to the employee in calendar year 
2010.
    (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 such additional pay 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 prescribe regulations to ensure appropriate consistency 
among heads of Executive agencies in the exercise of the authority 
granted by this section.

SEC. 1109. 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''.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

SEC. 1201. 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.

SEC. 1202. 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 of the Senate; and
            ``(2) the Committee on Armed Services 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, 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. 1203. 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 ``2011''.
    (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. 1204. 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 coast 
        guard, border protection, and other security forces engaged 
        primarily in counterterrorism missions in order for that 
        country to conduct counterterrorism operations.''.
    (b) Discharge Through Grants.--Subsection (b)(1) of such section, 
as so amended, is further amended by inserting ``may be carried out by 
grant and'' before ``may include the provision''.
    (c) Funding.--Subsection (c) of such section, as so amended, is 
further amended--
            (1) in paragraph (1), by striking ``$300,000,000'' and 
        inserting ``$400,000,000''; 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.''.
    (d) 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''.

SEC. 1205. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR SECURITY 
              AND STABILIZATION ASSISTANCE.

    (a) Increase in Maximum Amount of Assistance.--Subsection (b) of 
section 1207 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163; 119 Stat. 3458) is amended by striking 
``$100,000,000'' and inserting ``$200,000,000''.
    (b) Three-Year 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, 2011''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.

SEC. 1206. FOUR-YEAR EXTENSION OF TEMPORARY AUTHORITY TO USE 
              ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND 
              MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND 
              SURVIVABILITY.

    Section 1202(e) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412), as 
amended by section 1252(b) of the 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, 2013''.

SEC. 1207. AUTHORITY FOR USE OF FUNDS FOR NON-CONVENTIONAL ASSISTED 
              RECOVERY CAPABILITIES.

    (a) Authority for Use of Funds.--
            (1) In general.--The Commander of a combatant command may, 
        with the concurrence of the relevant Chief of Mission, expend 
        amounts authorized to be appropriated for a fiscal year by 
        section 301(2) for Operation and Maintenance, Navy to 
        establish, develop, and maintain non-conventional assisted 
        recovery capabilities in a foreign country if the Commander 
        determines that expenditure of such funds for that purpose is 
        necessary in connection with support of non-conventional 
        assisted recovery efforts in that foreign country.
            (2) Limitation on amount.--The total amount of funds that 
        may be expended under the authority in subsection (a) in each 
        of fiscal years 2009 and 2010 may not exceed $20,000,000.
    (b) Scope of Efforts Supportable.--
            (1) In general.--In expending funds under the authority in 
        subsection (a), the Commander of a combatant command may 
        provide support to surrogate or irregular groups or individuals 
        in order to facilitate the recovery of military or civilian 
        personnel of the Department of Defense (including the Coast 
        Guard), and other individuals who, while conducting activities 
        in support of United States military operations, become 
        separated or isolated from friendly forces.
            (2) Support.--The support provided under paragraph (1) may 
        include, but is not limited to, the provision of equipment, 
        supplies, training, transportation, and other logistical 
        support or funding to support operations and activities for the 
        recovery of personnel and individuals as described in that 
        paragraph.
    (c) Procedures.--
            (1) Procedures required.--The Secretary of Defense shall 
        establish procedures for the exercise of the authority in 
        subsection (a).
            (2) Notice.--The Secretary shall notify the congressional 
        defense committees of the procedures established under 
        paragraph (1) before any exercise of the authority in 
        subsection (a).
    (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 expeditiously, and in 
any event within 48 hours, of the use of such authority with respect to 
support of such activities. Such notice need be provided only once with 
respect to support of particular activities. Any such notice shall be 
in writing.
    (e) 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)).
    (f) 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 the support provided under that subsection during such fiscal year. 
Each such report shall describe the support provided, including a 
statement of the recipient of the support and the amount obligated to 
provide the support.
    (g) Expiration.--The authority in subsection (a) shall expire on 
September 30, 2010.

     Subtitle B--Department of Defense Participation in Bilateral, 
            Multilateral, and Regional Cooperation Programs

SEC. 1211. 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. 1212. 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. 1213. 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.--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.''.
    (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. 1214. 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 hosted by 
any nation or combination of nations referred to in subsection (b) for 
purposes of--
            ``(1) enhancing the ability of military forces and civilian 
        personnel of the nations participating in such center to engage 
        in joint exercises or coalition or international military 
        operations; or
            ``(2) improving interoperability between the armed forces 
        and the military forces of friendly foreign nations.
    ``(b) Covered Nations.--The nations referred to in this subsection 
are the following:
            ``(1) The United States.
            ``(2) Any member nation of the North Atlantic Treaty 
        Organization (NATO).
            ``(3) Any major non-NATO ally.
            ``(4) Any other friendly foreign nation identified by the 
        Secretary of Defense, with the concurrence of the Secretary of 
        State, for purposes of this section.
    ``(c) Memorandum of Understanding.--(1) 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.
    ``(d) 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.
    ``(e) Use of Department of Defense Facilities and Equipment.--
Facilities and equipment of the Department of Defense may be used for 
purposes of the support of multinational military centers of excellence 
under this section that are hosted by the Department.
    ``(f) 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).
    ``(g) Definitions.--In this section:
            ``(1) The term `multinational military center of 
        excellence' means an entity sponsored by one or more nations 
        that is accredited and approved by the 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--
                    ``(A) enhance education and training;
                    ``(B) improve interoperability and capabilities;
                    ``(C) assist in the development of doctrine; and
                    ``(D) validate concepts through experimentation.
            ``(2) The term `major non-NATO ally' means a country (other 
        than a member nation of the North Atlantic Treaty Organization) 
        that is designated as a major non-NATO ally pursuant to section 
        517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k).''.
            (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.

             Subtitle C--Other Authorities and Limitations

SEC. 1221. WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA.

    (a) Annual Waiver Authority.--
            (1) In general.--Except as provided in subsection (b), the 
        President may waive in whole or in part, with respect to North 
        Korea, the application of any sanction under section 102(b) of 
        the Arms Export Control Act (22 U.S.C. 2799aa-1(b)) for the 
        purpose of--
                    (A) assisting in the implementation and 
                verification of the compliance by North Korea with its 
                commitment, undertaken in the Joint Statement of 
                September 19, 2005, to abandon all nuclear weapons and 
                existing nuclear programs as part of the verifiable 
                denuclearization of the Korean Peninsula; and
                    (B) promoting the elimination of the capability of 
                North Korea to develop, deploy, transfer, or maintain 
                weapons of mass destruction and their delivery systems.
            (2) Duration of waiver.--Any waiver issued under this 
        subsection shall expire at the end of the calendar year in 
        which issued.
    (b) Exceptions.--
            (1) Limited exception related to certain sanctions and 
        prohibitions.--The authority under subsection (a) shall not 
        apply with respect to a sanction or prohibition under 
        subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms 
        Export Control Act unless the President determines and 
        certifies to the appropriate congressional committees that--
                    (A) all reasonable steps will be taken to ensure 
                that the articles or services exported or otherwise 
                provided will not be used to improve the military 
                capabilities of the armed forces of North Korea; and
                    (B) such waiver is in the national security 
                interests of the United States.
            (2) Limited exception related to certain activities.--
        Unless the President determines and certifies to the 
        appropriate congressional committees that using the authority 
        under subsection (a) is vital to the national security 
        interests of the United States, such authority shall not apply 
        with respect to--
                    (A) an activity described in subparagraph (A) of 
                section 102(b)(1) of the Arms Export Control Act that 
                occurs after September 19, 2005, and before the date of 
                the enactment of this Act;
                    (B) an activity described in subparagraph (C) of 
                such section that occurs after September 19, 2005; or
                    (C) an activity described in subparagraph (D) of 
                such section that occurs after the date of the 
                enactment of this Act.
            (3) Exception related to certain activities occurring after 
        date of enactment.--The authority under subsection (a) shall 
        not apply with respect to an activity described in subparagraph 
        (A) or (B) of section 102(b)(1) of the Arms Export Control Act 
        that occurs after the date of the enactment of this Act.
    (c) Notifications and Reports.--
            (1) Congressional notification.--The President shall notify 
        the appropriate congressional committees in writing not later 
        than 15 days before exercising the waiver authority under 
        subsection (a).
            (2) Annual report.--Not later than January 31, 2009, and 
        annually thereafter, the President shall submit to the 
        appropriate congressional committees a report that--
                    (A) lists all waivers issued under subsection (a) 
                during the preceding year;
                    (B) describes in detail the progress that is being 
                made in the implementation of the commitment undertaken 
                by North Korea, in the Joint Statement of September 19, 
                2005, to abandon all nuclear weapons and existing 
                nuclear programs as part of the verifiable 
                denuclearization of the Korean Peninsula;
                    (C) discusses specifically any shortcomings in the 
                implementation by North Korea of that commitment; and
                    (D) lists and describes the progress and 
                shortcomings, in the preceding year, of all other 
                programs promoting the elimination of the capability of 
                North Korea to develop, deploy, transfer, or maintain 
                weapons of mass destruction or their delivery systems.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committees on Appropriations, Armed Services, and 
        Foreign Relations of the Senate; and
            (2) the Committees on Appropriations, Armed Services, and 
        Foreign Affairs of the House of Representatives.

                          Subtitle D--Reports

SEC. 1231. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON CLAIMS 
              RELATING TO THE BOMBING OF THE LABELLE DISCOTHEQUE.

    Section 122(b)(2) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465), as amended by 
section 1262(1)(B) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 405), is further amended--
            (1) 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 the end of each 
        calendar quarter ending after the date of the enactment of the 
        National Defense Authorization Act for Fiscal Year 2009''; and
            (2) by adding at the end the following new sentence: ``Each 
        update under this paragraph after the date of the enactment of 
        the National Defense Authorization Act for Fiscal Year 2009 
        shall be submitted in unclassified form, but may include a 
        classified annex.''.

SEC. 1232. 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 1204 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 1205 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).

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

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(b) 
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 three fiscal 
years.

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 nuclear weapons storage security in Russia, 
        $33,101,000.
            (3) For nuclear weapons transportation security in Russia, 
        $40,800,000.
            (4) For weapons of mass destruction proliferation 
        prevention in the states of the former Soviet Union, 
        $50,286,000.
            (5) For biological threat reduction in the states of the 
        former Soviet Union, $184,463,000.
            (6) For chemical weapons destruction in Russia, $1,000,000.
            (7) For threat reduction outside the former Soviet Union, 
        $10,000,000.
            (8) For defense and military contacts, $8,000,000.
            (9) For activities designated as Other Assessments/
        Administrative Support, $20,100,000.
            (10) For strategic offensive arms elimination in Ukraine, 
        $6,400,000.
    (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.

    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 $1,608,553,000.

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 $24,802,202,000, of which--
            (1) $24,301,359,000 is for Operation and Maintenance;
            (2) $196,938,000 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. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS FROM 
              LOWER INFLATION.

    (a) Reduction.--The aggregate amount authorized to be appropriated 
by this division is the amount equal to the sum of all the amounts 
authorized to be appropriated by the provisions of this division 
reduced by $1,048,000,000, to be allocated as follows:
            (1) Procurement.--The aggregate amount authorized to be 
        appropriated by title I is hereby reduced by $313,000,000.
            (2) Research, development, test, and evaluation.--The 
        aggregate amount authorized to be appropriated by title II is 
        hereby reduced by $239,000,000.
            (3) Operation and maintenance.--The aggregate amount 
        authorized to be appropriated by title III is hereby reduced by 
        $470,000,000.
            (4) Other authorizations.--The aggregate amount authorized 
        to be appropriated by title XIV is hereby reduced by 
        $26,000,000
    (b) Source of Savings.--Reductions required in order to comply with 
subsection (a) shall be derived from savings resulting from lower-than-
expected inflation as a result of the difference between the inflation 
assumptions used in the Concurrent Resolution on the Budget for Fiscal 
Year 2009 when compared with the inflation assumptions used in the 
budget of the President for fiscal year 2009, as submitted to Congress 
pursuant to section 1005 of title 31, United States Code.
    (c) Allocation of Reductions.--The Secretary of Defense shall 
allocate the reductions required by this section among the amounts 
authorized to be appropriated for accounts in titles I, II, III, and 
XIV to reflect the extent to which net savings from lower-than-expected 
inflations are allocable to amounts authorized to be appropriated to 
such accounts.

                Subtitle B--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.

                       Subtitle C--Other Matters

SEC. 1431. 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 authorized to be appropriated for the Assembled 
Chemical Weapons Alternatives Program shall be available for travel and 
associated travel cost 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. 1432. MODIFICATION OF DEFINITION OF ``DEPARTMENT OF DEFENSE 
              SEALIFT VESSEL'' FOR PURPOSES OF THE NATIONAL DEFENSE 
              SEALIFT FUND.

    Section 2218(l)(2) of title 10, United States Code, is amended--
            (1) by striking subparagraph (B) and inserting the 
        following new subparagraph (B):
                    ``(B) A maritime prepositioning ship, other than a 
                ship derived from a Navy design for an amphibious ship 
                or auxiliary support vessel.''; and
            (2) by striking subparagraph (I).

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN 
                              AFGHANISTAN

SEC. 1501. PURPOSE.

    The purpose of this title is to authorize appropriations for the 
Department of Defense for fiscal year 2009 to provide additional funds 
for operations in Afghanistan.

SEC. 1502. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement accounts for the Army in amounts as follows:
            (1) For aircraft procurement, $250,000,000.
            (2) For missile procurement, $12,500,000.
            (3) For weapons and tracked combat vehicles procurement, 
        $375,000,000.
            (4) For ammunition procurement, $87,500,000.
            (5) For other procurement, $1,100,000,000.

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2009 for procurement accounts for the Navy in amounts as 
follows:
            (1) For aircraft procurement, $25,000,000.
            (2) For weapons procurement, $12,500,000.
            (3) For other procurement, $25,000,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2009 for the procurement account for the Marine Corps 
in the amount of $250,000,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2009 for the procurement account for 
ammunition for the Navy and the Marine Corps in the amount of 
$75,000,000.

SEC. 1504. AIR FORCE PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement accounts for the Air Force in amounts as follows:
            (1) For aircraft procurement, $400,000,000.
            (2) For missile procurement, $12,500,000.
            (3) For ammunition procurement, $12,500,000.
            (4) For other procurement, $150,000,000.

SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
for fiscal year 2009 for the Joint Improvised Explosive Device Defeat 
Fund in the amount of $750,000,000.
    (b) 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 (c) of this section, shall apply to the funds appropriated 
pursuant to the authorization of appropriations in subsection (a).
    (c) Modification of Funds Transfer Authority.--Subsection (c)(1) of 
section 1514 of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 is amended--
            (1) by striking subparagraph (A); and
            (2) by redesignating subparagraphs (B) through (E) as 
        subparagraphs (A) through (D), respectively.
    (d) Prior Notice of Transfer of Funds.--Funds authorized to be 
appropriated to the Joint Improvised Explosive Device Defeat Fund by 
subsection (a) may not be obligated from the Fund or transferred in 
accordance with the provisions of subsection (c) of section 1514 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007, as 
amended by subsection (c) of this section, until five days after the 
date on which the Secretary of Defense notifies the congressional 
defense committees of the proposed obligation or transfer.
    (e) Modification of Submittal Date of Reports.--Subsection (e) of 
such section 1514 is amended by striking ``30 days'' and inserting ``60 
days''.

SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the procurement account for Defense-wide activities as follows:
            (1) For Defense-wide procurement, $62,500,000.
            (2) For the Mine Resistant Ambush Protected Vehicle Fund, 
        $100,000,000.

SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

    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, $15,000,000.
            (2) For the Navy, $15,000,000.
            (3) For the Air Force, $15,000,000.
            (4) For Defense-wide activities, $15,000,000.

SEC. 1508. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Armed Forces for expenses, not otherwise provided 
for, for operation and maintenance, in amounts as follows:
            (1) For the Army, $9,000,000,000.
            (2) For the Navy, $500,000,000.
            (3) For the Marine Corps, $1,000,000,000.
            (4) For the Air Force, $500,000,000.
            (5) For Defense-wide activities, $668,750,000.
            (6) For the Army Reserve, $12,500,000.
            (7) For the Navy Reserve, $7,500,000.
            (8) For the Marine Corps Reserve, $10,000,000.
            (9) For the Air Force Reserve, $3,750,000.
            (10) For the Army National Guard, $75,000,000.
            (11) For the Air National Guard, $12,500,000.

SEC. 1509. MILITARY PERSONNEL.

    There is hereby authorized to be appropriated for fiscal year 2009 
for the Department of Defense for military personnel in amounts as 
follows:
            (1) For the Army, $500,000,000.
            (2) For the Navy, $25,000,000.
            (3) For the Marine Corps, $62,500,000.
            (4) For the Air Force, $25,000,000.
            (5) For the Army Reserve, $25,000,000.
            (6) For the Navy Reserve, $7,500,000.
            (7) For the Marine Corps Reserve, $5,000,000.
            (8) For the Army National Guard, $100,000,000.

SEC. 1510. 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 the amount of $250,000,000, for the Defense Working 
Capital Funds.

SEC. 1511. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

    (a) Defense Health Program.--Funds are hereby authorized to be 
appropriated for the Department of Defense for fiscal year 2009 for 
expenses, not otherwise provided for, for the Defense Health Program in 
the amount of $155,000,000 for operation and maintenance.
    (b) 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 $150,000,000.

SEC. 1512. AFGHANISTAN SECURITY FORCES FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal year 2009 for the Afghanistan Security 
Forces Fund in the amount of $3,000,000,000.
    (b) Use of Funds.--
            (1) In general.--Funds authorized to be appropriated by 
        subsection (a) shall be available to the Secretary of Defense 
        to provide assistance to the security forces of Afghanistan.
            (2) Types of assistance authorized.--Assistance provided 
        under this section may include the provision of equipment, 
        supplies, services, training, facility and infrastructure 
        repair, renovation, construction, and funds.
            (3) Secretary of state concurrence.--Assistance may be 
        provided under this section only with the concurrence of the 
        Secretary of State.
    (c) Authority in Addition to Other Authorities.--The authority to 
provide assistance under this section is in addition to any other 
authority to provide assistance to foreign nations.
    (d) Transfer Authority.--
            (1) Transfers authorized.--Subject to paragraph (2), 
        amounts authorized to be appropriated by subsection (a) may be 
        transferred from the Afghanistan Security Forces Fund to any of 
        the following accounts and funds of the Department of Defense 
        to accomplish the purposes provided in subsection (b):
                    (A) Military personnel accounts.
                    (B) Operation and maintenance accounts.
                    (C) Procurement accounts.
                    (D) Research, development, test, and evaluation 
                accounts.
                    (E) Defense working capital funds.
                    (F) Overseas Humanitarian, Disaster, and Civic Aid.
            (2) Additional authority.--The transfer authority provided 
        by paragraph (1) is in addition to any other transfer authority 
        available to the Department of Defense.
            (3) Transfers back to fund.--Upon a determination that all 
        or part of the funds transferred from the Afghanistan Security 
        Forces Fund under paragraph (1) are not necessary for the 
        purpose for which transferred, such funds may be transferred 
        back to the Afghanistan Security Forces Fund.
            (4) Effect on authorization amounts.--A transfer of an 
        amount to an account under the authority in paragraph (1) shall 
        be deemed to increase the amount authorized for such account by 
        an amount equal to the amount transferred.
    (e) Prior Notice to Congress of Obligation or Transfer.--Funds may 
not be obligated from the Afghanistan Security Forces Fund, or 
transferred under subsection (d)(1), until five days after the date on 
which the Secretary of Defense notifies the congressional defense 
committees in writing of the details of the proposed obligation or 
transfer.
    (f) Contributions.--
            (1) Authority to accept contributions.--Subject to 
        paragraph (2), the Secretary of Defense may accept 
        contributions of amounts to the Afghanistan Security Forces 
        Fund for the purposes provided in subsection (b) from any 
        foreign government or international organization. Any amounts 
        so accepted shall be credited to the Afghanistan Security 
        Forces Fund.
            (2) Limitation.--The Secretary may not accept a 
        contribution under this subsection if the acceptance of the 
        contribution would compromise or appear to compromise the 
        integrity of any program of the Department of Defense.
            (3) Use.--Amounts accepted under this subsection shall be 
        available for assistance authorized by subsection (b), 
        including transfer under subsection (d) for that purpose.
            (4) Notification.--The Secretary shall notify the 
        congressional defense committees, the Committee on Foreign 
        Relations of the Senate, and the Committee on Foreign Affairs 
        of the House of Representatives, in writing, upon the 
        acceptance, and upon the transfer under subsection (d), of any 
        contribution under this subsection. Such notice shall specify 
        the source and amount of any amount so accepted and the use of 
        any amount so accepted.
    (g) Quarterly Reports.--Not later than 30 days after the end of 
each fiscal-year quarter, the Secretary of Defense shall submit to the 
congressional defense committees a report summarizing the details of 
any obligation or transfer of funds from the Afghanistan Security 
Forces Fund during such fiscal-year quarter.
    (h) Expiration of Authority.--The authority in this section shall 
expire on September 30, 2010.

SEC. 1513. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

    The amounts authorized to be appropriated by this title are in 
addition to amounts otherwise authorized to be appropriated by this 
Act.

SEC. 1514. 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 and title 
        XVI 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 $3,000,000,000, of which not more than 
        $300,000,000 may be transferred to the Iraq Security Forces 
        Fund.
    (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. 1515. LIMITATION ON USE OF FUNDS.

    (a) Report.--Amounts authorized to be appropriated by this title 
may not be obligated until 15 days after the Secretary of Defense has 
transmitted to the congressional defense committees a report setting 
forth the proposed allocation of such amounts at the program, project, 
or activity level.
    (b) Effect of Report.--The report required by subsection (a) shall 
serve as a base for reprogramming for the purposes of sections 1514 and 
1001.

SEC. 1516. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGET FOR AFGHANISTAN.

    (a) In General.--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 operations 
of the Department of Defense in Afghanistan.
    (b) Specificity of Display.--Each budget request under subsection 
(a) shall--
            (1) clearly display the amounts requested in the budget 
        request for the Department of Defense for Afghanistan at the 
        appropriation account level and at the program, project, or 
        activity level; and
            (2) also include a detailed description of the assumptions 
        underlying the funding requested in the budget request for the 
        Department of Defense for Afghanistan for the period covered by 
        the budget request, including anticipated troop levels, 
        operating tempos, and reset requirements.

TITLE XVI--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN 
                                  IRAQ

SEC. 1601. PURPOSE.

    The purpose of this title is to authorize appropriations for the 
Department of Defense for fiscal year 2009 to provide additional funds 
for operations in Iraq.

SEC. 1602. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement accounts for the Army in amounts as follows:
            (1) For aircraft procurement, $750,000,000.
            (2) For missile procurement, $37,500,000.
            (3) For weapons and tracked combat vehicles procurement, 
        $1,125,000,000.
            (4) For ammunition procurement, $262,500,000.
            (5) For other procurement, $3,300,000,000.

SEC. 1603. NAVY AND MARINE CORPS PROCUREMENT.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2009 for procurement accounts for the Navy in amounts as 
follows:
            (1) For aircraft procurement, $75,000,000.
            (2) For weapons procurement, $37,500,000.
            (3) For other procurement, $75,000,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2009 for the procurement account for the Marine Corps 
in the amount of $750,000,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2009 for the procurement account for 
ammunition for the Navy and the Marine Corps in the amount of 
$225,000,000.

SEC. 1604. AIR FORCE PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement accounts for the Air Force in amounts as follows:
            (1) For aircraft procurement, $400,000,000.
            (2) For missile procurement, $37,500,000.
            (3) For ammunition procurement, $37,500,000.
            (4) For other procurement, $450,000,000.

SEC. 1605. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
for fiscal year 2009 for the Joint Improvised Explosive Device Defeat 
Fund in the amount of $2,250,000,000.
    (b) Rule of Construction.--The provisions of section 1505 and the 
amendments made by that section shall apply to the use of funds 
authorized to be appropriated by this section.

SEC. 1606. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the procurement account for Defense-wide activities as follows:
            (1) For Defense-wide procurement, $187,500,000.
            (2) For the Mine Resistant Ambush Protected Vehicle Fund, 
        $500,000,000.

SEC. 1607. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

    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, $35,000,000.
            (2) For the Navy, $35,000,000.
            (3) For the Air Force, $35,000,000.
            (4) For Defense-wide activities, $35,000,000.

SEC. 1608. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Armed Forces for expenses, not otherwise provided 
for, for operation and maintenance, in amounts as follows:
            (1) For the Army, $27,000,000,000.
            (2) For the Navy, $1,500,000,000.
            (3) For the Marine Corps, $3,000,000,000.
            (4) For the Air Force, $1,500,000,000.
            (5) For Defense-wide activities, $1,811,250,000.
            (6) For the Army Reserve, $37,500,000.
            (7) For the Navy Reserve, $22,500,000.
            (8) For the Marine Corps Reserve, $30,000,000.
            (9) For the Air Force Reserve, $11,250,000.
            (10) For the Army National Guard, $225,000,000.
            (11) For the Air National Guard, $37,500,000.

SEC. 1609. MILITARY PERSONNEL.

    There is hereby authorized to be appropriated for fiscal year 2009 
for the Department of Defense for military personnel in amounts as 
follows:
            (1) For the Army, $1,500,000,000.
            (2) For the Navy, $75,000,000.
            (3) For the Marine Corps, $187,500,000.
            (4) For the Air Force, $75,000,000.
            (5) For the Army Reserve, $75,000,000.
            (6) For the Navy Reserve, $22,500,000.
            (7) For the Marine Corps Reserve, $15,000,000.
            (8) For the Army National Guard, $300,000,000.

SEC. 1610. 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 the amount of $750,000,000, for the Defense Working 
Capital Funds.

SEC. 1611. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2009 for expenses, not otherwise provided 
for, for the Defense Health Program in the amount of $460,000,000 for 
operation and maintenance.

SEC. 1612. IRAQ FREEDOM FUND.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal year 2009 for the Iraq Freedom Fund in the amount of 
$150,000,000.
    (b) Transfer.--
            (1) Transfer authorized.--Subject to paragraph (2), amounts 
        authorized to be appropriated by subsection (a) may be 
        transferred from the Iraq Freedom Fund to any accounts as 
        follows:
                    (A) Operation and maintenance accounts of the Armed 
                Forces.
                    (B) Military personnel accounts.
                    (C) Research, development, test, and evaluation 
                accounts of the Department of Defense.
                    (D) Procurement accounts of the Department of 
                Defense.
                    (E) Accounts providing funding for classified 
                programs.
                    (F) The operating expenses account of the Coast 
                Guard.
            (2) Notice to congress.--A transfer may not be made under 
        the authority in paragraph (1) until five days after the date 
        on which the Secretary of Defense notifies the congressional 
        defense committees in writing of the transfer.
            (3) Treatment of transferred funds.--Amounts transferred to 
        an account under the authority in paragraph (1) shall be merged 
        with amounts in such account and shall be made available for 
        the same purposes, and subject to the same conditions and 
        limitations, as amounts in such account.
            (4) Effect on authorization amounts.--A transfer of an 
        amount to an account under the authority in paragraph (1) shall 
        be deemed to increase the amount authorized for such account by 
        an amount equal to the amount transferred.

SEC. 1613. IRAQ SECURITY FORCES FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal year 2009 for the Iraq Security Forces 
Fund in the amount of $200,000,000.
    (b) Use of Funds.--
            (1) In general.--Funds appropriated pursuant to subsection 
        (a) shall be available to the Secretary of Defense for the 
        purpose of allowing the Commander, Multi-National Security 
        Transition Command-Iraq, to provide assistance to the security 
        forces of Iraq.
            (2) Types of assistance authorized.--Assistance provided 
        under this section may include the provision of equipment, 
        supplies, services, and training.
            (3) Secretary of state concurrence.--Assistance may be 
        provided under this section only with the concurrence of the 
        Secretary of State.
    (c) Authority in Addition to Other Authorities.--The authority to 
provide assistance under this section is in addition to any other 
authority to provide assistance to foreign nations.
    (d) Transfer Authority.--
            (1) Transfers authorized.--Subject to paragraph (2), 
        amounts authorized to be appropriated by subsection (a) may be 
        transferred from the Iraq Security Forces Fund to any of the 
        following accounts and funds of the Department of Defense to 
        accomplish the purposes provided in subsection (b):
                    (A) Military personnel accounts.
                    (B) Operation and maintenance accounts.
                    (C) Procurement accounts.
                    (D) Research, development, test, and evaluation 
                accounts.
                    (E) Defense working capital funds.
                    (F) Overseas Humanitarian, Disaster, and Civic Aid 
                account.
            (2) Additional authority.--The transfer authority provided 
        by paragraph (1) is in addition to any other transfer authority 
        available to the Department of Defense.
            (3) Transfers back to the fund.--Upon determination that 
        all or part of the funds transferred from the Iraq Security 
        Forces Fund under paragraph (1) are not necessary for the 
        purpose provided, such funds may be transferred back to the 
        Iraq Security Forces Fund.
            (4) Effect on authorization amounts.--A transfer of an 
        amount to an account under the authority in paragraph (1) shall 
        be deemed to increase the amount authorized for such account by 
        an amount equal to the amount transferred.
    (e) Notice to Congress.--Funds may not be obligated from the Iraq 
Security Forces Fund, or transferred under the authority provided in 
subsection (d)(1), until five days after the date on which the 
Secretary of Defense notifies the congressional defense committees in 
writing of the details of the proposed obligation or transfer.
    (f) Contributions.--
            (1) Authority to accept contributions.--Subject to 
        paragraph (2), the Secretary of Defense may accept 
        contributions of amounts to the Iraq Security Forces Fund for 
        the purposes provided in subsection (b) from any foreign 
        government or international organization. Any amounts so 
        accepted shall be credited to the Iraq Security Forces Fund.
            (2) Limitation.--The Secretary may not accept a 
        contribution under this subsection if the acceptance of the 
        contribution would compromise or appear to compromise the 
        integrity of any program of the Department of Defense.
            (3) Use.--Amounts accepted under this subsection shall be 
        available for assistance authorized by subsection (b), 
        including transfer under subsection (d) for that purpose.
            (4) Notification.--The Secretary shall notify the 
        congressional defense committees, the Committee on Foreign 
        Relations of the Senate, and the Committee on Foreign Affairs 
        of the House of Representatives, in writing, upon the 
        acceptance, and upon the transfer under subsection (d), of any 
        contribution under this subsection. Such notice shall specify 
        the source and amount of any amount so accepted and the use of 
        any amount so accepted.
    (g) Quarterly Reports.--Not later than 30 days after the end of 
each fiscal-year quarter, the Secretary of Defense shall submit to the 
congressional defense committees a report summarizing the details of 
any obligation or transfer of funds from the Iraq Security Forces Fund 
during such fiscal-year quarter.
    (h) Expiration of Authority.--The authority in this section shall 
expire on September 30, 2010.

SEC. 1614. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

    The amounts authorized to be appropriated by this title are in 
addition to amounts otherwise authorized to be appropriated by this 
Act.

SEC. 1615. LIMITATION ON USE OF FUNDS.

    (a) Report.--Amounts authorized to be appropriated by this title 
may not be obligated until 15 days after the Secretary of Defense has 
transmitted to the congressional defense committees a report setting 
forth the proposed allocation of such amounts at the program, project, 
or activity level.
    (b) Effect of Report.--The report required by subsection (a) shall 
serve as a base for reprogramming for the purposes of sections 1514 and 
1001.

SEC. 1616. CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ TO LARGE-SCALE 
              INFRASTRUCTURE PROJECTS, COMBINED OPERATIONS, AND OTHER 
              ACTIVITIES IN IRAQ.

    (a) Finding.--The Senate finds that the financial contributions of 
the Government of Iraq to the reconstruction and stability of Iraq have 
been increasing.
    (b) Large-Scale Infrastructure Projects.--
            (1) Limitation on availability of united states funds for 
        projects.--Amounts authorized to be appropriated by this Act 
        (other than amounts described in paragraph (3)) may not be 
        obligated or expended for any large-scale infrastructure 
        project in Iraq that is commenced after the date of the 
        enactment of this Act.
            (2) Funding of reconstruction projects by the government of 
        iraq.--The United States Government shall work with the 
        Government of Iraq to provide that the Government of Iraq shall 
        obligate and expend funds of the Government of Iraq for 
        reconstruction projects in Iraq that are not large-scale 
        infrastructure projects before obligating and expending United 
        States assistance (other than amounts described in paragraph 
        (3)) for such projects.
            (3) Exception for cerp.--The limitations in paragraphs (1) 
        and (2) do not apply to amounts authorized to be appropriated 
        by this Act for the Commanders' Emergency Response Program 
        (CERP).
            (4) Large-scale infrastructure project defined.--In this 
        subsection, the term ``large-scale infrastructure project'' 
        means any construction project for infrastructure in Iraq that 
        is estimated by the United States Government at the time of the 
        commencement of the project to cost at least $2,000,000.
    (c) Combined Operations.--
            (1) In general.--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 Multinational 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).
    (d) Iraqi Security Forces.--
            (1) In general.--The United States Government shall take 
        actions to ensure that Iraq funds are used to pay the 
        following:
                    (A) The costs of the salaries, training, equipping, 
                and sustainment of Iraqi Security Forces.
                    (B) The costs associated with the Sons of Iraq.
            (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).

            Passed the Senate September 17, 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                                S. 3002

_______________________________________________________________________

                                 AN ACT

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